Regulation 21 Procedure for modifying general authorisation conditions
Subject to regulation 27(5) (deemed heat network authorisations), the Regulator must give notice of any proposed modification to general authorisation conditions by publishing, in such manner as the Regulator considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it, a notice setting out—
the proposed modification and its effect; and
the reasons why the Regulator proposes to make the modification.
A copy of the notice published under paragraph (1) must be sent to the Secretary of State and to each authorised person known by the Regulator to be affected by the proposed modification at the same time as the notice is published.
A notice published under paragraph (1) must specify the time within which representations with respect to the proposed modification may be made (“the specified time”).
The specified time may not be less than 28 days beginning with the date the notice is published.
The Regulator must consider any representations which are made within the specified time.
The Regulator must comply with a direction of the Secretary of State not to make a modification if the direction is made within the specified time.
Where the Regulator has complied with paragraphs (1) to (5), and decides to proceed with the making of a modification, the Regulator must publish notice of the decision in such manner as the Regulator considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.
A notice published under paragraph (7) must—
set out the modification and its effect;
state how the Regulator has taken account of any representations duly made; and
state the reason for any differences between the modification and the proposed modification.
The modification has effect from the date specified in the notice in relation to it (“date of effect”).
The date of effect may not be earlier than the day falling 28 days after the date the notice under paragraph (7) is published.
Paragraph (2), so far as it comprises an obligation to send a notice to the Secretary of State, and paragraph (6) do not apply to the extent that the Regulator is the Secretary of State.