Section 18 Managing connections to the network: strategic plans etcI1

England and Wales

(1)

In Part 5 of the Energy Act 2023 (Independent System Operator and Planner), after section 165 insert—

“Functions relating to network connections: duty to have regard to designated plans

165A

(1)

The ISOP must, when carrying out any of its functions relating to the management of connections to the transmission system, have regard to the designated strategic plans.

(2)

The Secretary of State may by regulations designate plans or documents for the purposes of this section.

(3)

In subsection (1), the reference to “the designated strategic plans” is a reference to those plans or documents designated by regulations under subsection (2) as they have effect at the time when the regulations are made.”

(2)

Part 1 of the Electricity Act 1989 (electricity supply) is amended as set out in subsections (3) to (5).

(3)

In section 16 (duty to connect on request)—

(a)

after subsection (2) insert—

“(2A)

In deciding how to comply with the duties under this section, and in particular in deciding how to prioritise persons requiring a connection, an electricity distributor must have regard to the designated strategic plans.”;

(b)

at the end insert—

“(6)

In this section, “the designated strategic plans” means the plans or documents designated by regulations made under section 165A (2) of the Energy Act 2023 (functions of the Independent System Operator and Planner relating to network connections).”

(4)

In section 17 (exceptions from duty to connect), in subsection (1)—

(a)

omit the “or” at the end of paragraph (b);

(b)

after paragraph (b) insert—

“(ba)

it would not be in accordance with the designated strategic plans (within the meaning of section 16) for the distributor to do so; or”.

(5)

In Schedule 6A (provisions imposing obligations enforceable as relevant requirements), in paragraph 4A (electricity system operator), in paragraph (c), for “165” substitute “165A”.

Annotations

Commencement

I1: S. 18 in force at Royal Assent, see s. 118(1)(f)