Energy Act 2004

150 Standard conditions for gas interconnectors E+W+S

(1) The Secretary of State must, before the commencement of subsection (6) of this section, determine standard conditions for licences under section 7ZA of the Gas Act 1986 (c. 44).

(2) Those standard conditions may contain provision—

(a) for a standard condition included in a licence under section 7ZA of the Gas Act 1986 not to have effect until brought into operation in such manner, and in such circumstances, as may be specified in or determined under the standard conditions;

(b) for the effect of a standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined; or

(c) for a standard condition included in such a licence the effect of which is for the time being suspended to be brought back into operation in such manner, and in such circumstances, as may be so specified or determined.

(3) The Secretary of State must publish the standard conditions determined by him under this section.

(4) The publication must be in such manner as the Secretary of State considers appropriate.

(5) The standard conditions determined by the Secretary of State have effect subject to any modifications madeF1 ... under Part 1 of the Gas Act 1986 (c. 44) [F2 , under this Act or under section 98 of the Energy Act 2011].

(6) In subsection (1) of section 8 of that Act (standard conditions)—

(a) after “2000” insert “ or section 150 of the Energy Act 2004 ”; and

(b) after paragraph (a) insert—

“(aa) licences under section 7ZA above;”.

(7) After subsection (6) of that section insert—

“(6A) The Authority shall not make any modifications under subsection (3) above of a condition of a licence under section 7ZA unless it is of the opinion that the modifications are such that—

(a) the licence holder would not be unduly disadvantaged in competing with one or more other holders of licences under that section; and

(b) no other holder of a licence under that section would be unduly disadvantaged in competing with the holder of the licence to be modified or with any one or more other holders of licences under that section.”

(8) In sections 23(1)(b) and (2), 26(1A) and 27(1)(b) and (2) of that Act (which relate to the modification of standard conditions), after “licences under section 7 above” insert “ , licences under section 7ZA above ”.

(9) In sections 23(11) and 26(5) of that Act (which require the publication of modifications of standard conditions), after “section 7” insert “ , 7ZA ”.

(10) In section 26A(9) of that Act (which also relates to the modification of such conditions), after “section 7” insert “ or section 7ZA ”.

Textual Amendments

F1 Words in s. 150(5) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 75; 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in s. 150(5) substituted (18.12.2011) by Energy Act 2011 (c. 16), ss. 98(12), 121(3)

Commencement Information

I1 S. 150(1)-(5) (7)-(10) in force at 1.12.2004 by S.I. 2004/2575, art. 2(2), Sch. 2

I2 S. 150(6) in force at 1.4.2005 by S.I. 2005/877, art. 2(1), Sch. 1