Energy Act 2011 Explanatory Notes

Section 85: Variation of notices under sections 82 and 84

235.This section allows for variation of notices under sections 82 and 84 once they have been issued, enabling amendments to be made to a notice without having to restart the dispute resolution procedure from the beginning.

236.Subsection (1) allows the persons to whom notice is given to agree to, vary or set aside the notice.

237.Subsection (2) allows the Secretary of State to vary a notice on the application of one of the persons to whom it has been given.

238.Subsection (3) provides that he may do so only if satisfied that it is necessary to resolve a dispute about the notice between its recipients.

239.Subsection (4) requires the Secretary of State to give an opportunity to be heard to the persons specified in the subsection.

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