# Energy Act 2023, Paragraph 23

Extent: E+W+S

After paragraph 36 insert—
“Transmission owner and distribution network owner of last resort
36A (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—
(a) stating that it proposes to give the direction, and
(b) identifying the licence holder to whom it proposes to give the direction.
(2) Where a notice is published under sub-paragraph (1), this Schedule has effect as if—
(a) the licence holder is the preferred bidder in relation to a tender exercise, and
(b) the notice is one published under paragraph 35(2), identifying the licence holder as the preferred bidder.
(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).
(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—
(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
(b) a notice has been published under paragraph 36 identifying the licence holder as the successful bidder in relation to the tender exercise.
36B (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—
(a) stating that it proposes to give the direction, and
(b) identifying the licence holder to whom it proposes to give the direction.
(2) Where a notice is published under sub-paragraph (1), this Schedule has effect as if—
(a) the licence holder is the preferred bidder in relation to a tender exercise, and
(b) the notice is one published under paragraph 35(2), identifying the licence holder as the preferred bidder.
(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).
(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—
(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
(b) a notice has been published under paragraph 36 identifying the licence holder as the successful bidder in relation to the tender exercise.”

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Source: https://www.legislation.gov.uk/ukpga/2023/52/schedule/15/paragraph/23 (the official version)
Page: https://openlegislation.uk/energy-act-2023/schedule-15/paragraph-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.