Energy Act 2023

208 Grant of MPI licences to existing operators

(1) This section applies where a person holds a licence under section 6(1)(e) of the Electricity Act 1989 (interconnector licence) or an offshore transmission licence on the day on which section 205 of this Act comes into force.

(2) The Secretary of State has power to grant an MPI licence to that person under section 6 of the Electricity Act 1989.

(3) Sections 6A(5), 7 and 8A of the Electricity Act 1989 (notice of licence and licence conditions) have effect in relation to the grant of a licence by the Secretary of State by virtue of this section as if—

(a) references in those provisions to the Authority included references to the Secretary of State, and

(b) in section 8A—

(i) in subsection (4)(b), the words “the Secretary of State,” were omitted, and

(ii) subsection (5) were omitted.

(4) Before granting a licence to a person by virtue of this section, the Secretary of State must consult—

(a) that person,

(b) the GEMA, and

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

(5) Subsection (4) may be satisfied by consultation before this section comes into force (as well as by consultation after that time).

(6) In this section—

• “MPI licence” means a licence under section 6(1)(ea) of the Electricity Act 1989 (inserted by section 205 of this Act);

• “offshore transmission licence” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1) of that Act).