PART IIN.I.GAS SUPPLY AND ASSOCIATED ACTIVITIES

Modification of licencesN.I.

[F1Modification of conditions of licencesN.I.

14.—(1) The Authority may make modifications of—

(a)the conditions of a particular licence;

(b)the standard conditions of licences of any type under Article 8(1).

(2) Before making any modifications under this Article, the Authority must give notice—

(a)stating that it proposes to make modifications;

(b)setting out the proposed modifications and their effect;

(c)stating the reasons why it proposes to make the modifications; and

(d)specifying the time within which representations with respect to the proposed modifications may be made.

(3) The time specified by virtue of paragraph (2)(d) may not be less than 28 days from the date of the publication of the notice.

(4) A notice under paragraph (2) must be given—

(a)by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications, and

(b)by sending a copy of the notice to—

(i)each relevant licence holder,

(ii)the Department, and

(iii)the General Consumer Council.

(5) The Authority must consider any representations which are duly made.

(6) If, within the time specified by virtue of paragraph (2)(d), the Department directs the Authority not to make any modification, the Authority shall comply with the direction.

(7) Paragraphs (8) to (10) apply where, having complied with paragraphs (2) to (5), the Authority decides to proceed with the making of modifications of the conditions of any licence under this Article.

(8) The Authority must—

(a)publish the decision and the modifications in such manner as it considers appropriate for the purpose of bringing them to the attention of persons likely to be affected by the making of the modifications;

(b)state the effect of the modifications;

(c)state how it has taken account of any representations duly made; and

(d)state the reason for any differences between the modifications and those set out in the notice by virtue of paragraph (2)(b).

(9) Each modification has effect from the date specified by the Authority in relation to that modification (subject to the giving of a direction under paragraph 2 of Schedule 3A).

(10) The date specified by virtue of paragraph (9) may not be less than 56 days from the publication of the decision to proceed with the making of modifications under this Article.

(11) In this Article “relevant licence holder”—

(a)in relation to the modification of standard conditions of licences of any type, means the holder of a licence of that type—

(i)which is to be modified by the inclusion of any new standard condition, or

(ii)which includes any standard conditions to which the modifications relate which are in effect at the time specified by virtue of paragraph (2)(d); or

(b)in relation to the modification of a condition of a particular licence (other than a standard condition), means the holder of that particular licence.]

Modifications etc. (not altering text)

[F2Modification of conditions under Article 14: supplementaryN.I.

14A.—(1) Paragraphs (2) and (3) apply where at any time the Authority modifies the conditions of licences of any type under Article 14.

(2) If the conditions modified are standard conditions, the Authority must—

(a)also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time, and

(b)publish the modifications in such manner as it considers appropriate for the purpose of bringing them to the attention of persons likely to be affected by the making of the modifications.

(3) The Authority may make such incidental or consequential modifications of any conditions of licences of any type as it considers necessary or expedient.

(4) The modification of part of a standard condition of a particular licence under Article 14 does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.

(5) The modification of a condition of a licence under this Article has effect subject to the giving of a direction under paragraph 2 of Schedule 3A in relation to the decision to which the modification relates.]

Modification references to [F3Competition and Markets Authority]N.I.

15.  F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5References under Article 15: time limitsN.I.

15A  F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

References under Article 15: powers of investigationN.I.

15B  F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Reports on modification referencesN.I.

16.  F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification following reportN.I.

17.  F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10CMA's] power to veto modifications following reportN.I.

17A.  F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification by order under other statutory provisionsN.I.

18 .F12—[F13(1) Where the [F14CMA] or (as the case may be) the Secretary of State (in this Article “the relevant authority”) makes a relevant order, the order may also provide for the modification of—

(a)the conditions of a particular licence; or

(b)the standard conditions of licences under sub-paragraph (a), (b) [F15, (c) or (d)] of Article 8(1),

to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(1A) In paragraph (1) “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a licence; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a licence; or

(b)an order under section 160 or 161 of that Act where the feature, or combination of features, of the market [F16or markets] in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to activities authorised or regulated by a licence.]

[F17(1A) The modification under paragraph (1)(i) of part of a standard condition of a particular licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.]

(2) Where at any time the[F13 relevant authority modifies under paragraph (1)(b)] the standard conditions of licences under sub-paragraph (a), (b) [F18, (c) or (d)] of Article 8(1),[F13 the relevant authority]

(a)shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences under that sub-paragraph granted after that time; and

(b)may, after consultation with the Director, make such incidental or consequential modifications as[F13 the relevant authority] considers necessary or expedient of any conditions of licences under that sub-paragraph granted before that time.

Para. (3) rep. by 2002 c. 40

(4) Where at any time the[F13 relevant authority] modifies standard conditions under paragraph (2)(a) for the purposes of their incorporation in licences under sub-paragraph (a), (b) [F19, (c) or (d)] of Article 8(1) granted after that time,[F13 the relevant authority] shall publish the modifications in such manner as[F13 the relevant authority] considers appropriate.

[F13(5) Expressions used in paragraph (1A) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that paragraph as in that Part.]

F12mod. by SI 2003/1592

Art. 18A rep. by 2003 NI 6

Arts. 19‐21 rep. by 2003 NI 6