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Energy Act 2008
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There are currently no known outstanding effects for the Energy Act 2008, Section 97.
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97Power to amend licence conditions: electricityE+W+S
This section has no associated Explanatory Notes
(1)The Secretary of State may modify—
(a)a condition of a particular licence under section 6(1)(b) or (c) of the Electricity Act 1989 (c. 29) (transmission and distribution licences);
(b)the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act.
(2)The Secretary of State may exercise the power in subsection (1) for the purpose only of enabling the Gas and Electricity Markets Authority (“the Authority”) to recover and pay into the Consolidated Fund amounts in respect of—
(a)payments made by the Secretary of State by virtue of paragraph 4(2) or (2A) of Schedule 7 to the Electricity Act 1989 (payments relating to meter examiners);
(b)other costs incurred by the Secretary of State in performing a function conferred by Schedule 7 to the Electricity Act 1989 or by electricity meter regulations (within the meaning of section 95).
(3)The power in subsection (1) includes a power to make incidental, consequential or transitional modifications.
(4)Before making a modification under this section the Secretary of State must consult—
(a)the holder of any licence being modified,
(b)the Authority, and
(c)such other persons as the Secretary of State considers appropriate.
(5)Subsection (4) may be satisfied by consultation before, as well as by consultation after, the time when this section comes into force.
(6)The Secretary of State must publish modifications under this section.
(7)A modification under subsection (1)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Electricity Act 1989 (c. 29).
(8)Where the Secretary of State modifies the standard conditions of licences of any type under subsection (1)(b), the Authority must—
(a)make the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
(b)publish the modifications.
(9)The power under subsection (1) may not be exercised after the end of the period of 6 months beginning with the day on which that subsection comes into force.
Commencement Information
I1S. 97 in force at 26.1.2009 by S.I. 2009/45, art. 2(d)(iv)
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