Energy Act 2011 Explanatory Notes

Section 77: Power to modify energy supply licences: procedure and supplemental

197.This section contains additional provision about the modification of licences under section 76. Subsection (1) requires the Secretary of State to consult the holder of any licence being modified, GEMA and others as appropriate before making a licence modification. Subsection (2) states that the Secretary of State must publish the modifications as soon as reasonably practicable after they are made.

198.Subsection (3) provides that the modification of part of a standard licence condition does not prevent any other part of a condition being regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986 or of the Electricity Act 1989. Where the Secretary of State modifies a standard licence condition, subsection (4) provides that GEMA must incorporate the same modification in the standard conditions of licences subsequently granted.

199.Subsections (5) and (6) amend sections 33(1) and 81(2) of the Utilities Act 2000 so that any modifications of standard conditions are treated as incorporated in the standard conditions.

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