C4C6C2C3 Part I ELECTRICITY SUPPLY

Annotations:
Modifications etc. (not altering text)
C2

Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C3

Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))

Licensing of supply etc.

C1C57 Conditions of licences: general.

1

A licence may include—

a

such conditions (whether or not relating to the activities authorised by the licence) as appear to the F1Authority to be requisite or expedient having regard to the duties imposed by F2section 3 above; and

b

conditions requiring the rendering to the F1Authority of a payment on the grant of the licence, or payments during the currency of the licence, or both, of such amount or amounts as may be determined by or under the licence.

2

Without prejudice to the generality of paragraph (a) of subsection (1) above, conditions included in F3a transmission licence or distribution licence by virtue of that paragraph—

a

may require the licence holder to enter into agreements with other persons for the use of any electric lines and electrical plant of his (wherever situated and whether or not used for the purpose of carrying on the activities authorised by the licence) for such purposes as may be specified in the conditions; and

b

may include provision for determining the terms on which such agreements are to be entered into.

F112A

Without prejudice to the generality of paragraph (a) of subsection (1), conditions included in a transmission licence by virtue of that paragraph may—

a

require the licence holder not to carry on an activity which he would otherwise be authorised by the licence to carry on, or

b

restrict where he may carry on an activity which he is authorised by the licence to carry on.

3

F4Without prejudice to the generality of paragraph (a) of subsection (1), conditions included in a licence by virtue of that paragraph may require the licence holder—

a

to comply with any direction given by the F5Authority or Secretary of State as to such matters as are specified in the licence or are of a description so specified;

b

except in so far as the F5Authority or Secretary of State consents to his doing or not doing them, not to do or to do such things as are specified in the licence or are of a description so specified;

c

to refer for determination by the F5Authority or Secretary of State such questions arising under the licenceF6, or under any document referred to in the licence, as are specified in the licence or are of a description so specified; and

d

to refer for approval by the F5Authority or Secretary of State such things falling to be done under the licence, and such contracts or agreements made before the grant of the licence, as are specified in the licence or are of a description so specified.

F73A

Conditions included in a transmission licence or a distribution licence by virtue of subsection (1)(a) may require the holder, in such circumstances as are specified in the licence—

a

so to increase his charges for the transmission or distribution of electricity as to raise such amounts as may be determined by or under the conditions; and

b

to pay the amounts so raised to such licence holders as may be so determined.

4

Conditions included in a licence by virtue of subsection (1)(a) above may—

a

instead of specifying or describing any contracts or agreements to which they apply, refer to contracts or agreements designated (whether before or after the imposition of the conditions) by the Secretary of State or the Director; and

b

instead of containing any provisions which fall to be made, refer to provisions set out in documents so designated and direct that those provisions shall have such effect as may be specified in the conditions.

F85

Conditions included in a licence may contain provision for the conditions—

a

to have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions; or

b

to be modified in such manner as may be specified in the conditions at such times and in such circumstances as may be so determined.

6

Any provision included by virtue of subsection (5) above in a licence shall have effect in addition to the provision made by this Part with respect to the modification of the conditions of a licence.

F96A

Conditions included in a licence may provide for references in the conditions to any document to operate as references to that document as revised or re-issued from time to time.

7

Any sums received by the F10Authority in consequence of the provisions of any condition of a licence shall be paid into the Consolidated Fund.