{
  "url": "https://openlegislation.uk/energy-act-2023/schedule-15/paragraph-23",
  "json_url": "https://openlegislation.uk/energy-act-2023/schedule-15/paragraph-23.json",
  "legislation": "ukpga/2023/52",
  "legislation_title": "Energy Act 2023",
  "legislation_url": "https://openlegislation.uk/energy-act-2023",
  "path": "schedule/15/paragraph/23",
  "kind": "paragraph",
  "number": "23",
  "heading": null,
  "text": "After paragraph 36 insert—\n“Transmission owner and distribution network owner of last resort\n36A (1) Before directing the holder of a transmission licence to act as a transmission owner of last resort pursuant to the conditions of the licence, the Authority may publish a notice—\n(a) stating that it proposes to give the direction, and\n(b) identifying the licence holder to whom it proposes to give the direction.\n(2) Where a notice is published under sub-paragraph (1), this Schedule has effect as if—\n(a) the licence holder is the preferred bidder in relation to a tender exercise, and\n(b) the notice is one published under paragraph 35(2), identifying the licence holder as the preferred bidder.\n(3) Paragraph 35(4) applies in relation to a notice published under sub-paragraph (1) of this paragraph as it applies to a notice published under paragraph 35(2).\n(4) Where the Authority directs the holder of a transmission licence to act as a transmission owner of last resort pursuant to the conditions of the licence, this Schedule has effect as if—\n(a) the licence holder is the holder of a transmission licence granted as a result of a tender exercise in which the licence holder was the successful bidder, and\n(b) a notice has been published under paragraph 36 identifying the licence holder as the successful bidder in relation to the tender exercise.\n36B (1) Before directing the holder of a distribution licence to act as a distribution network owner of last resort pursuant to the conditions of the licence, the Authority may publish a notice—\n(a) stating that it proposes to give the direction, and\n(b) identifying the licence holder to whom it proposes to give the direction.\n(2) Where a notice is published under sub-paragraph (1), this Schedule has effect as if—\n(a) the licence holder is the preferred bidder in relation to a tender exercise, and\n(b) the notice is one published under paragraph 35(2), identifying the licence holder as the preferred bidder.\n(3) Paragraph 35(4) applies in relation to a notice published under sub-paragraph (1) of this paragraph as it applies to a notice published under paragraph 35(2).\n(4) Where the Authority directs the holder of a distribution licence to act as a distribution network owner of last resort pursuant to the conditions of the licence, this Schedule has effect as if—\n(a) the licence holder is the holder of a distribution licence granted as a result of a tender exercise in which the licence holder was the successful bidder, and\n(b) a notice has been published under paragraph 36 identifying the licence holder as the successful bidder in relation to the tender exercise.”",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 15 para. 23 in force at Royal Assent, see s. 334(2)(i)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2023/52/schedule/15/paragraph/23",
    "retrieved_at": "2026-10-29T08:50:44.989649+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}