Energy Act 2013

Licence modifications

19 (1) The Secretary of State may modify—

(a) a condition of a particular licence under section 6(1)(a), (b) or (c) of EA 1989 (generation, transmission and distribution licences);

(b) the standard conditions incorporated in licences under that provision by virtue of section 8A(1A) of that Act;

(c) a document maintained in accordance with the conditions of licences under that provision, or an agreement that gives effect to a document so maintained.

(2) The Secretary of State may make a modification under sub-paragraph (1) only for the purpose of—

(a) allowing or requiring services to be provided to the Secretary of State, an investment contract counterparty or a CFD counterparty;

(b) enforcing obligations under an investment contract.

(3) Provision included in a licence, or in a document or agreement relating to licences, by virtue of the power under sub-paragraph (1) may in particular include provision of a kind that may be included in regulations.

(4) Before making a modification under this paragraph, the Secretary of State must consult—

(a) the Scottish Ministers,

(b) the Welsh Ministers,

(c) the holder of any licence being modified,

(d) electricity suppliers,

(e) the Department of Enterprise, Trade and Investment,

(f) the Authority, and

(g) such other persons as the Secretary of State considers it appropriate to consult.

(5) Sub-paragraph (4) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.