Electricity Act 1989

15 Modification by order under other enactments. E+W+S

(1) Where in the circumstances mentioned in subsection (2) below the Secretary of State by order exercises any of the powers specified in—

(a) Parts I and II of Schedule 8 to the 1973 Act; F1 . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the order may also provide for the modification of [F2 the conditions of a particular licence, or the standard conditions of licences of any type mentioned in section 6(1)]to such extent as may appear to him to be requisite or expedient for the purpose of giving effect to or of taking account of any provision made by the order.

(2) Subsection (1) above shall have effect where—

(a) the circumstances are as mentioned in section 56(1) of the 1973 Act (order on report on monopoly reference) and the monopoly situation exists in relation to the generation, transmission [F3 , distribution] or supply of electricity; [F4 or]

(b) the circumstances are as mentioned in section 73(1) of that Act (order on report on merger reference) [F5 and at least one of the two or more enterprises—

(i) which ceased to be distinct enterprises; or

(ii) in the application of that provision as it has effect by virtue of section 75(4)(e) of that Act, which would cease to be distinct enterprises,

was or, as the case may be, is engaged in the carrying on of activities authorised or regulated by a licence.]. . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (2A) The modification under subsection (1) of part of a standard condition of a particular licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.

(2B) Where the Secretary of State modifies under subsection (1) the standard conditions of licences of any type—

(a) he shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time; and

(b) he may, after consultation with the Authority, make such incidental or consequential modifications as he considers necessary or expedient of any conditions of any licence of that type granted before that time.

(2C) Where at any time the Secretary of State modifies standard conditions under subsection (2B)(a) for the purposes of their incorporation in licences granted after that time, he shall publish those modifications in such manner as he considers appropriate.]

(3) In this section expressions which are also used in the 1973 Act F7 . . . have the same meanings as in that Act.

Textual Amendments

F1 S. 15(1)(b) and the word “or” immediately preceding repealed (1.3.2000) by 1998 c. 41, ss. 54(3), 66(5), 74(3), Sch. 10 Pt. IV para. 12(4)(a), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

F2 Words in s. 15(1) substituted (1.10.2001) by 2000 c. 27, s. 40(2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F3 Words in s. 15(2)(a) inserted (1.10.2001) by 2000 c. 27, s. 40(4); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F4 Word in s. 15(2)(a) inserted (1.3.2000) by 1998 c. 41, ss. 54(3), 66(5), Sch. 10 Pt. IV para. 12(4)(b)(i) (with s. 73); S.I. 2000/344, art. 2, Sch.

F5 Words and sub-paragraphs (i) and (ii) substituted for words in s. 15(2)(b) (1.10.2001) by 2000 c. 27, s. 40(5); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F6 S. 15(2A)-(2C) inserted (1.10.2001) by 2000 c. 27, s. 40(3); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F7 Words in s. 15(3) repealed (1.3.2000) by 1998 c. 41, ss. 54(3), 66(5), 74(3), Sch. 10 Pt. IV para. 12(4)(c), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 15(1): functions transferred to Scottish Ministers (S.) (14.12.2000) by virtue of S.I. 2000/3253, arts. 1(1), 2, Sch. (with art. 6)