Nuclear Energy (Financing) Act 2022

29 Licence modifications

(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 (transmission and distribution licences);

(b) the standard conditions incorporated in licences under section 6(1)(b) or (c) of the Electricity Act 1989 by virtue of section 8A of that Act;

(c) a document maintained in accordance with the conditions of licences under section 6(1)(b) or (c) of the Electricity Act 1989 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) allowing or requiring services to be provided to a revenue collection counterparty;

(b) enforcing obligations under a revenue collection contract.

(3) Provision included in a licence, or in a document or agreement relating to licences, by virtue of subsection (1) may in particular include provision of a kind that may be included in revenue regulations.

(4) Before making a modification under subsection (1), the Secretary of State must consult—

(a) the Scottish Ministers,

(b) the Welsh Ministers,

(c) the holder of any licence being modified,

(d) every holder of a licence to supply electricity under section 6(1)(d) of the Electricity Act 1989,

(e) the Authority, and

(f) such other persons as the Secretary of State considers appropriate.

(5) Subsection (4) may be satisfied by consultation before the passing of this Act (as well as by consultation after that time).

(6) The power under subsection (1)—

(a) may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);

(b) may be exercised differently for different purposes;

(c) includes power to make incidental, supplementary, consequential or transitional modifications.

(7) Provision included in a licence, or in a document or agreement relating to licences, by virtue of subsection (1)—

(a) may make different provision for different purposes;

(b) need not relate to the activities authorised by the licence;

(c) may do anything authorised for licences of that type by section 7(2A), (3), (4), (5) or (6A) of the Electricity Act 1989.

(8) The Secretary of State must publish details of any modifications made under subsection (1) as soon as reasonably practicable after they are made.

(9) If under subsection (1) the Secretary of State makes a modification of the standard conditions of a licence, the Authority must—

(a) make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and

(b) publish the modification.

(10) A modification made under subsection (1) 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.

(11) The power conferred by subsection (1) to “modify” (in relation to licence conditions or a document or agreement) includes power to amend, add to or remove, and references to modifications are to be construed accordingly.