Section 21 Power of the Secretary of State to modify energy licences etcI1

United Kingdom

(1)

The Secretary of State may exercise a power conferred by this section if the Secretary of State considers it appropriate to do so—

(a)

in response to the energy crisis, or

(b)

in connection with—

(i)

this Act,

(ii)

regulations under this Act,

(iii)

a domestic energy price reduction scheme (including its establishment, modification or revocation), or

(iv)

anything done or proposed to be done under, or given effect by, section 13, any other provision of this Act or regulations under this Act.

(2)

The Secretary of State may modify—

(a)

an energy licence (including any conditions, standard or otherwise, of a licence);

(b)

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

(3)

Subsection (2) has effect in relation to licences whenever granted and agreements whenever entered into.

(4)

The power to make modifications under subsection (2)—

(a)

may be exercised—

(i)

generally,

(ii)

only in relation to specified cases, or

(iii)

subject to exceptions;

(b)

may be exercised differently in different cases;

(c)

includes a power to make consequential, supplementary, incidental, saving or transitional modifications.

(5)

Without prejudice to the generality of subsection (2), conditions included in an energy licence by virtue of that subsection may do any of the things authorised for licences by—

(a)

section 7(1), (3), (3A), (3C)(a), or (4) to (6A) of the Electricity Act 1989;

(b)

section 7B(4), (4A), (5), (5B)(a), (6) or (7) of the Gas Act 1986;

(c)

Article 11(2), (3), or (4) to (6B) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1));

(d)

Article 10(2), (3), or (4) to (6A) of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)).

(6)

Nothing in this section affects any other power—

(a)

to modify an energy licence or other document, or

(b)

to give a direction (including under section 22(1)).

(7)

If the Secretary of State makes or proposes to make modifications under this section, the Secretary of State must publish a notice—

(a)

setting out the modifications,

(b)

explaining the effect of the modifications, and

(c)

specifying the date from which the modifications have effect (which may not be earlier than the day on which they are published).

(8)

Publication under subsection (7) must be in a manner the Secretary of State considers appropriate for bringing the information to the attention of persons likely to be affected by the modifications.

(9)

Subsection (7) applies in respect of a proposed modification only if the Secretary of State considers it appropriate in all the circumstances to publish the notice and (in accordance with subsection (10)) consider representations before making the modification.

(10)

Where the duty in subsection (7) applies in respect of a proposed modification, the Secretary of State must (before making the modification) consider any representations made by persons likely to be affected by the modification.

(11)

In this section “energy licence” means—

(a)

a licence for the purposes of section 4 of the Electricity Act 1989;

(b)

a licence for the purposes of section 5 of the Gas Act 1986;

(c)

a licence granted under Article 10 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1));

(d)

a licence granted under Article 8 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)).

Annotations

Commencement

I1: S. 21 in force at Royal Assent, see s. 30(6)