Energy Act 2004

139Grant of transmission licences

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(1)If the Secretary of State considers it necessary or expedient to do so for the purpose of implementing the new trading and transmission arrangements, he may by direction—

(a)require GEMA to grant a transmission licence to such person, and on such terms and subject to such conditions, as the direction may provide;

(b)require GEMA to refuse an application for a transmission licence.

(2)The Secretary of State shall consult GEMA before issuing a direction under subsection (1).

(3)Subsection (2) may be satisfied by consultation before, as well as by consultation after, the commencement of this section.

(4)The powers under subsection (1) may not be exercised after the end of the period of eighteen months beginning with the day on which that subsection comes into force.

(5)The power under subsection (1)(a) may only be exercised on one occasion and then only to require the grant of a single licence.

(6)The power under subsection (1)(b) may not be exercised once the power under subsection (1)(a) has been exercised.