(1)Such conditions as may be determined by the Secretary of State before the commencement of subsection (3), and published by him in such manner as he considers appropriate, in relation to any of the types of licence mentioned in section [F16(1)(a), (c) and (d)] of the 1989 Act (that is to say, in relation to generation licences, F2... distribution licences or supply licences) shall [F3be standard conditions for the purposes of licences of that type, subject to any modifications of the standard conditions for the purposes of licences of that type made—
F4(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) under Part 1 of the 1989 Act after the determination under this section, F5...
(b) under the Energy Act 2004] F6[F7...
(c) under section 7 of the Climate Change and Sustainable Energy Act 2006 (sale of electricity generated by microgeneration: power to modify distribution and supply licences etc) ] [F8, F9...
(d)under section 41, 84, 88 or 97 of the Energy Act 2008 (power to amend licence conditions)], F10[F11...
(e) under the Energy Act 2010,] F12[F13...
(f)under Chapter 1 of Part 1 F14... of the Energy Act 2011,] F15[F16...
(g)under the Energy Act 2013,] F17...
[F18(h)under section 6 of the Smart Meters Act 2018,
(i)under section 1 or 10 of the Domestic Gas and Electricity (Tariff Cap) Act 2018, F19...
(j)under the Nuclear Energy (Financing) Act 2022] [F20, or
(k)under or by virtue of section 21 of the Energy Prices Act 2022] [F21or,
(k)under sections 245 to 247 of the Energy Act 2023.]
(2)The standard conditions for the purposes of licences of any type may contain provision—
(a)for any standard condition included in a licence of that type 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 any 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 any standard condition included in such a licence 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)After section 8 of the 1989 Act there is inserted—
(1)Subject to subsection (2), each condition which by virtue of section 33(1) of the Utilities Act 2000 is a standard condition for the purposes of any of the types of licence mentioned in section 6(1) (that is to say, generation licences, transmission licences, distribution licences or supply licences) shall be incorporated by reference in each licence of that type granted after the commencement of this section.
(2)Subject to the following provisions of this section, the Authority may, in granting a licence of any type, modify any of the standard conditions for licences of that type in its application to the licence to such extent as it considers requisite to meet the circumstances of the particular case.
(3)Before making any modifications under subsection (2), the Authority shall give notice—
(a)stating that it proposes to make the modifications and setting out their effect;
(b)stating the reasons why it proposes to make the modifications; 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 modifications may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(4)A notice under subsection (3) shall 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 the Secretary of State and the Council.
(5)If, within the time specified in the notice under subsection (3), the Secretary of State directs the Authority not to make any modification, the Authority shall comply with the direction.
(6)The Authority shall not under subsection (2) make any modifications of a condition of a licence of any type unless it is of the opinion that the modifications are such that—
(a)the licence holder would not be unduly disadvantaged in competing with other holders of licences of that type; and
(b)no other holder of a licence of the same type would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence being modified).
(7)The modification under subsection (2) of part of a condition of a licence shall not prevent any other part of the condition which is not so modified being regarded as a standard condition for the purposes of this Part.
(8) In this section “ modify ” includes fail to incorporate and “ modification ” shall be construed accordingly. ”
Textual Amendments
F1 Words in s. 33(1) substituted (1.9.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 19 para. 20(a) ; S.I. 2004/2184 , art. 2(2) , Sch. 2
F2 Words in s. 33(1) repealed (1.9.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 19 para. 20(b) , Sch. 23 Pt. 1 ; S.I. 2004/2184 , art. 2(2) , Sch. 2
F3 Words in s. 33(1) substituted (1.9.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 19 para. 20(c) ; S.I. 2004/2184 , art. 2(2) , Sch. 2
F4S. 33(1)(za) 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), 66; 2020 c. 1, Sch. 5 para. 1(1)
F5 Word in s. 33(1)(a) omitted (21.8.2006) by virtue of Climate Change and Sustainable Energy Act 2006 (c. 19) , ss. 7(7)(a) , 28(1)
F6 Word in s. 33(1)(b) repealed (26.1.2009) by Energy Act 2008 (c. 32) , s. 110(2) , Sch. 5 para. 13(a) , Sch. 6 ; S.I. 2009/45 , art. 2(e)(ee) (iv)(vi)
F7 S. 33(1)(c) inserted (21.8.2006) by Climate Change and Sustainable Energy Act 2006 (c. 19) , ss. 7(7)(b) , 28(1)
F8 S. 33(1)(d) and word inserted (26.1.2009) by Energy Act 2008 (c. 32) , s. 110(2) , Sch. 5 para. 13(b) ; S.I. 2009/45 , art. 2(e)(iv)
F9Word in s. 33(1) omitted (8.6.2010) by virtue of Energy Act 2010 (c. 27), s. 38(3), Sch. para. 12(a)
F10Word in s. 33(1) omitted (21.3.2012) by virtue of Energy Act 2011 (c. 16), ss. 22(7)(a), 121(1); S.I. 2012/873, art. 2(a)(v)
F11S. 33(1)(e) and word inserted (8.6.2010) by Energy Act 2010 (c. 27), s. 38(3), Sch. para. 12(b)
F12Word in s. 33(1) omitted (18.12.2013) by virtue of Energy Act 2013 (c. 32), ss. 65(2)(a), 156(3)
F13S. 33(1)(f) and word inserted (21.3.2012) by Energy Act 2011 (c. 16), ss. 22(7)(b), 121(1); S.I. 2012/873, art. 2(a)(v)
F14Words in s. 33(1)(f) omitted (18.2.2014) by virtue of Energy Act 2013 (c. 32), ss. 142(2), 156(2)
F15Word in s. 33(1) omitted (19.7.2018) by virtue of Domestic Gas and Electricity (Tariff Cap) Act 2018 (c. 21), ss. 11(2), 13(2)
F16S. 33(1)(g) and word inserted (18.12.2013) by Energy Act 2013 (c. 32), ss. 65(2)(b), 156(3)
F17Word in s. 33(1) omitted (1.6.2022) by virtue of Nuclear Energy (Financing) Act 2022 (c. 15), s. 44(2)(d), Sch. para. 2(2)(a)
F18S. 33(1)(h)-(j) substituted for s. 33(1)(h) (1.6.2022) by Nuclear Energy (Financing) Act 2022 (c. 15), s. 44(2)(d), Sch. para. 2(2)(b)
F19Word in s. 33(1)(i) omitted (25.10.2022) by virtue of Energy Prices Act 2022 (c. 44), s. 30(6), Sch. 7 para. 4(a) (with s. 29); and (11.1.2024) by virtue of Energy Act 2023 (c. 52), ss. 248(7)(a), 334(1); S.I. 2024/32, reg. 2(b)(iii)
F20S. 33(1)(k) and word inserted (25.10.2022) by Energy Prices Act 2022 (c. 44), s. 30(6), Sch. 7 para. 4(b) (with s. 29)
F21S. 33(1)(k) and word inserted (11.1.2024) by virtue of Energy Act 2023 (c. 52), ss. 248(7)(b), 334(1); S.I. 2024/32, reg. 2(b)(iii)
Commencement Information
I1 S. 33 wholly in force at 1.10.2001; s. 33 not in force at Royal Assent see s. 110(2); s. 33(1)(2) in force at 16.5.2001 by S.I. 2001/1781 , art. 2 , Sch. (subject to transitional provisions in arts. 3-10 ); s. 33(3) in force at 1.10.2001 by S.I. 2001/3266 , art. 2 , Sch. (subject to transitional provisions in arts. 3-20)