Part 2Carbon dioxide capture, storage etc and hydrogen production, transport and storage

Chapter 1Revenue support contracts

General

90Electricity system operator and gas system planner licences: modifications

1

The Secretary of State may, for the purpose of facilitating or ensuring the effective performance of functions specified in subsection (3), modify—

a

the conditions of a licence under section 6(1)(da) of the Electricity Act 1989 (electricity system operator licence);

b

a document maintained in accordance with the conditions of such a licence, or an agreement that gives effect to a document so maintained.

2

The Secretary of State may, for the purpose of facilitating or ensuring the effective performance of functions specified in subsection (3), modify—

a

the conditions of a licence under section 7AA of the Gas Act 1986 (gas system planner licence);

b

a document maintained in accordance with the conditions of such a licence, or an agreement that gives effect to a document so maintained.

3

The functions referred to in subsections (1) and (2) are—

a

functions of hydrogen production allocation bodies, and

b

other functions under this Chapter which are related to such functions.

4

Modifications under subsections (1) and (2) may only make provision in relation to times when the person holding the licence is a hydrogen production allocation body.

5

The provision referred to in subsection (4) includes consequential or transitional provision in relation to times when it is no longer the case that the person holding the licence is a hydrogen production allocation body.

6

Provision included in a licence, or in a document or agreement relating to licences, by virtue of a power under this section may in particular—

a

include provision of any kind that may be included in revenue support regulations or regulations under section 73;

b

do any of the things authorised for licences of that type by—

i

section 7B(5)(a), (5ZA), (6) or (7) of the Gas Act 1986, or

ii

section 7(3), (4), (5) or (6A) of the Electricity Act 1989.

7

Before making a modification under this section the Secretary of State must consult—

a

the holder of any licence being modified;

b

the GEMA;

c

such other persons as the Secretary of State considers it appropriate to consult.

8

Subsection (7) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.