(1)In section 11 of the 1989 Act (modification of licence conditions by agreement), for subsection (1) there is substituted—
“(1)Subject to the following provisions of this section, the Authority may modify the conditions of a particular licence.
(1A)The Authority may not make any modifications under this section unless the licence holder has consented to the modifications and, in the case of standard conditions of the licence, the Authority is of the opinion that the modifications—
(a)are requisite to meet the circumstances of the particular case; and
(b)are such that—
(i)the licence holder would not be unduly disadvantaged in competing with other holders of licences of that type; and
(ii)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).”
(2)After subsection (4) of that section there is inserted—
“(5)The modification under this section of part of a standard condition of a 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.”
Commencement Information
I1S. 34 wholly in force at 1.10.2001; s. 34 not in force at Royal Assent see s. 110(2); s. 34 in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)