PART 2Electricity Market Reform
CHAPTER 2Contracts for Difference
26Licence modifications
1
The Secretary of State may modify—
a
a condition of a particular licence under section 6(1)(a), (b) or (c) of EA 1989 (generation, transmission and distribution licences);
b
the standard conditions incorporated in licences under that provision by virtue of section 8A(1A) of that Act;
c
a document maintained in accordance with the conditions of licences under that provision, or an agreement that gives effect to a document so maintained.
2
The Secretary of State may make a modification under subsection (1) only for the purpose of—
a
conferring functions on the national system operator in connection with its functions by or by virtue of this Chapter;
b
allowing or requiring services to be provided to a CFD counterparty;
c
enforcing obligations under a CFD.
3
Provision included in a licence, or in a document or agreement relating to licences, by virtue of the power under subsection (1) may in particular include provision of a kind that may be included in regulations.
4
Before making a modification under this section, the Secretary of State must consult—
a
the Scottish Ministers,
b
the Welsh Ministers,
c
the holder of any licence being modified,
d
any person who is a holder of a licence to supply electricity under section 6(1)(d) of EA 1989,
e
any person who is a holder of a licence to supply electricity under Article 10(1)(c) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)),
f
the Department of Enterprise, Trade and Investment,
g
the Authority, and
h
such other persons as the Secretary of State considers it appropriate to consult.
5
Subsection (4) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.