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The Electricity and Gas (Smart Meters Licensable Activity) Order 2012
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Amendment to section 8AA (transfer of licences)
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23.—(1) Section 8AA(1) is amended as follows.
(2) After subsection (10), insert—
“(10A) Subject to subsection (10C), the Authority shall, following consideration of any representations or objections under subsection (9), give the Secretary of State not less than 28 days’ notice of any proposal to give consent to the transfer of the whole or any part of a smart meter communication licence.
(10B) If, before the expiry of the time specified in a notice under subsection (10A), the Secretary of State directs the Authority not to give consent, the Authority shall comply with that direction.
(10C) Where the Secretary of State does not give a direction under subsection (10B), the Authority may give consent to the transfer of the licence after—
(a)the expiry of the time specified in the notice under subsection (10A); or
(b)if earlier than the time in paragraph (a), the time at which the Secretary of State informs the Authority that no direction will be given under subsection (10B) in relation to the notice.
(10D) Subsections (10A) to (10C) do not apply after 1 November 2018.”.
(3) After paragraph (11), insert—
“(11A) A smart meter communication licence may not be transferred to a person unless a licence granted under section 6(1)(f) of the Electricity Act 1989 is also transferred to the same person at the same time.”.
(1)
Section 8AA was inserted by section 10 of the Gas Act 1995 (c. 45) and substituted by section 85 of the Utilities Act 2000 (c. 27).
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