Energy Act 2023

245 Power to amend licence conditions etc: load control E+W+S

(1) The Secretary of State may modify—

(a) the conditions of a licence granted under section 6(1) of the Electricity Act 1989;

(b) the standard conditions incorporated in such licences by virtue of section 8A of that Act;

(c) the conditions of a licence granted under section 7A(1) or 7AB of the Gas Act 1986;

(d) the standard conditions incorporated in such licences by virtue of section 8 of that Act;

(e) a document maintained in accordance with the conditions of a licence granted under section 6(1) of the Electricity Act 1989 or section 7A(1) or 7AB of the Gas Act 1986, or an agreement that gives effect to a document so maintained.

(2) The Secretary of State may exercise the power conferred by subsection (1) for the purposes of facilitating, promoting, ensuring the security of, or otherwise regulating load control or other activities falling within section 56FBA(2) of the Electricity Act 1989.

(3) Modifications made to the conditions of a licence may include provisions of a kind mentioned in section 7 of the Electricity Act 1989 or section 7B of the Gas Act 1986 (as appropriate) and may in particular—

(a) regulate or prohibit the provision of load control in relation to appliances that are not compliant with energy smart regulations or any technical standards specified in or under a condition;

(b) regulate the provision of load control in relation to appliances that are compliant with energy smart regulations or any technical standards specified in or under a condition;

(c) require the holder of a licence to supply information to the Secretary of State or the GEMA (or both) so as to enable them to assess any matter relating to the purposes mentioned in subsection (2);

(d) require the holder of the licence to enter (or refrain from entering) into an agreement of a specified kind, or with a specified person;

(e) require the holder of a licence to supply information about tariffs (including to such persons, and in such a format, specified in or under a condition).

(4) The power conferred by subsection (1)—

(a) may be exercised to make different provision in relation to different areas or different classes of customer;

(b) 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);

(c) may be exercised differently in different cases or circumstances;

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

(5) The power conferred by subsection (1) may not be exercised after the period of 10 years beginning with the day on which this section comes into force.

(6) The Secretary of State may, by regulations, extend (or further extend) that period.

(7) Regulations under subsection (6)—

(a) may not extend the period (or any extended period) by more than three years at a time, and

(b) are subject to the affirmative procedure.

(8) In this section “modify” includes remove or fail to incorporate and “modification” is to be construed accordingly.

Commencement Information

I1 S. 245 not in force at Royal Assent, see s. 334(1)

I2 S. 245 in force at 11.1.2024 by S.I. 2024/32, reg. 2(b)(iii)