Valid from 10/09/2024

Part 6 E+W+S Governance of gas and electricity industry codes

Modifications and directions E+W+S

193 Modification under section 192 E+W+S

(1) Before making a modification under section 192, the GEMA must—

(a) publish a notice about the proposed modification,

(b) send a copy of the notice to the persons listed in subsection (2), and

(c) consider any representations made within the period specified in the notice about the proposed modification or the date from which it would take effect.

(2) The persons mentioned in subsection (1)(b) are—

(a) the Secretary of State,

(b) the code manager in relation to the designated document to which the proposed modification relates, and

(c) such other persons as the GEMA considers appropriate.

(3) A notice under subsection (1) must—

(a) state that the GEMA proposes to make a modification;

(b) set out the proposed modification and its effect;

(c) specify the date from which the GEMA proposes that the modification will have effect;

(d) state—

(i) why the GEMA is seeking to make the modification under section 192 (by reference to whichever of subsections (2) to (6) of section 192 applies), and

(ii) the reasons for the proposed modification.

(4) If, within the period specified by virtue of subsection (1)(c), the Secretary of State directs the GEMA not to make the proposed modification, the GEMA must comply with the direction.

(5) If, after complying with subsections (1) to (3) in relation to a proposed modification, the GEMA decides to make a modification, it must publish a notice about the decision.

(6) A notice under subsection (5) must—

(a) state that the GEMA has decided to make the modification;

(b) set out the modification and its effect;

(c) specify the date from which the modification has effect;

(d) state how the GEMA has taken account of any representations made in the period specified in the notice under subsection (1);

(e) state the reason for any differences between the modification set out in the notice and the proposed modification.

(7) A notice under this section about a proposed modification or a decision must be published in such manner as the GEMA considers appropriate for bringing it to the attention of those likely to be affected by the making of the modification or decision.

Commencement Information

I1 S. 193 not in force at Royal Assent, see s. 334(1)