Energy Act 2023

Amendment or termination of qualifying contracts

6 (1) The GEMA may amend a qualifying contract.

(2) Before making an amendment under sub-paragraph (1), the GEMA must—

(a) send a notice about the proposed amendment to the persons listed in sub-paragraph (4), and

(b) consider any representations made within the period specified in the notice about the proposed amendment or the date from which it would take effect.

(3) A notice under sub-paragraph (2) must—

(a) state that the GEMA proposes to make an amendment;

(b) set out the proposed amendment and its effect;

(c) specify the date from which the GEMA proposes that the amendment will have effect;

(d) state the reasons why the GEMA proposes to make the amendment.

(4) The persons mentioned in sub-paragraph (2)(a) are—

(a) each person who is a party to the contract to which the proposed amendment relates;

(b) any person liable by virtue of paragraph 12 to make a payment by way of compensation as a result of the proposed amendment;

(c) such other persons as the GEMA considers appropriate.

(5) If, after complying with sub-paragraphs (2) to (4) in relation to an amendment, the GEMA decides to make an amendment, it must send a notice to the persons listed in sub-paragraph (4) about the decision.

(6) A notice under sub-paragraph (5) must—

(a) state that the GEMA has decided to make the amendment;

(b) set out the amendment and its effect;

(c) specify the date from which the amendment has effect;

(d) state how the GEMA has taken account of any representations made in the period specified in the notice under sub-paragraph (2);

(e) state the reason for any differences between the amendment set out in the notice and the proposed amendment.

(7) In this paragraph, “amend”, in relation to a contract, includes terminate.