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10.—(1) The Department after consultation with the Director, or the Director with the consent of, or in accordance with a general authority given by, the Department, may grant a licence authorising any person—
(a)to generate electricity for the purpose of giving a supply to any premises or enabling a supply to be so given;
[F1(b)to participate in the transmission of electricity for that purpose; F2. . . ]
[F3(c)to supply electricity to any premises.]
[F4(d)to act as SEM operator.]
[F5(2) A licence under Article 10(1)(c) may authorise the holder to supply electricity—
(a)to any premises;
(b)only to premises specified in the licence, or to premises of a description so specified; or
(c)only to any premises situated in a specified area, or to premises of a specified description which are so situated.
(2A) The grantor may, with the consent of the holder of a supply licence, modify terms included in the licence in pursuance of paragraph (2) so as to extend or restrict the premises to which the licence holder may give a supply of electricity.]
(3) An application for a licence F6. . . shall be made in the prescribed manner and shall be accompanied by such fee (if any) as may be prescribed; and within 14 days from the making of such an application, the applicant shall publish a copy of the application in the prescribed manner.
(4) Before granting a licence under this Article, the Department or the Director shall give notice—
(a)stating that the Department or the Director, as the case may require, proposes to grant the licence;
(b)stating the reasons why it is proposed to grant the licence; and
(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed licence may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(5) A notice under paragraph (4) shall be given by publishing the notice in such manner as the Department or the Director considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the licence.
(6) A licence shall be in writing and, unless previously revoked in accordance with any term contained in the licence, shall continue in force for such period as may be specified in or determined by or under the licence.
[F7(7) As soon as practicable after granting a licence, the Department shall send a copy of the licence to the Authority and, in the case of a licence under paragraph (1)(b), to any licence holder under that sub-paragraph whose interests may be affected by the grant.
(8) As soon as practicable after granting any licence under paragraph (1)(b) the Authority shall send a copy of the licence to any licence holder under that sub-paragraph whose interests may be affected by the grant.]
(9) Neither the requirement to consult imposed by paragraph (1) or (2) nor paragraphs (3) and (4) shall apply to the granting of any licences which, having regard to the provisions of Article 8, need to be granted before that Article comes into operation.
(10) Any sums received by the Director under this Article shall be paid into the Consolidated Fund.
F1Art. 10(1)(b) substituted (5.5.2007 for certain purposes otherwise 3.7.2007) by Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)), arts. 1(2), 28(4); S.R. 2007/283, art. 2, Sch. 1; S.R. 2007/320, art. 2, Sch. 1
F2Word in art. 10(1)(b) omitted (5.5.2007 for certain purposes otherwise 20.6.2007) by virtue of Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7)), arts. 1(3), 4(4)(a); S.R. 2007/284, art. 2, Sch.; S.R. 2007/303, art. 2, Sch.
F3Art. 10(1)(c) substituted (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 6(1) (with transitional provisions in Pt. IV)
F4Art. 10(1)(d) and preceding word inserted (5.5.2007 for certain purposes otherwise 20.6.2007) by Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7)), arts. 1(3), 4(4)(b); S.R. 2007/284, art. 2, Sch.; S.R. 2007/303, art. 2, Sch.
F5Art. 10(2)(2A) substituted (1.11.2007) for art. 10(2) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 6(2) (with transitional provisions in Pt. IV)
F6Words in art. 10(3) deleted (1.11.2007) by virtue of Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 6(3) (with transitional provisions in Pt. IV)
F7Art. 10(7)(8) substituted (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 6(4) (with transitional provisions in Pt. IV)
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