Section 81 Standard conditions of gas licences.I1

United Kingdom

(1)

The standard conditions for the purposes of gas licences of any type (that is to say, licences under section 7, section 7A(1) F1, section 7A(2) or 7AC(1) of the 1986 Act) may contain provision—

(a)

for any standard condition included in a licence of that type not to have effect until brought into operation in such manner and in such circumstances as may be specified in or determined under the standard conditions;

(b)

for the effect of any standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined; or

(c)

for any standard condition included in such a licence which is for the time being suspended to be brought back into operation in such manner and in such circumstances as may be so specified or determined.

(2)

Such conditions as may be determined by the Secretary of State before F2the relevant time, and published by him in such manner as he considers appropriate, in relation to gas licences of any type shall, subject to F3any modifications made F4... under Part 1 F5or section 76 F6or 98 of the 1986 Act or F7, under the Energy Act F82004, under section 88 or 94 of the Energy Act F92008, F10under the Energy Act 2010 F11, under Chapter 1 of Part 1 or section 98 of the Energy Act 2011 F12, under section 139 of the Energy Act 2013 or under section 1 or 10 of the Domestic Gas and Electricity (Tariff Cap) Act 2018 F13or under section 6 of the Smart Meters Act 2018 F14or under or by virtue of section 21 of the Energy Prices Act 2022 F15or under F16sections 89, 136(1) or (4), 169, 245 to 247 of, and paragraph 4 of Schedule 12 to, the Energy Act 2023 after the determination under this subsection, be standard conditions for the purposes of licences of that type (in place of the standard conditions which would otherwise be incorporated in licences of that type granted immediately before that commencement).

(2A)

F17In subsection (2), “the relevant time” means—

(a)

where the determination relates to any of the types of licence mentioned in sections 7, 7A(1) or 7A(2) of the 1986 Act, the time when subsection (3) comes into force;

(b)

where the determination relates to the type of licence mentioned in section 7AC of the 1986 Act (licence of a person performing code manager function), 26th October 2030.

(3)

In section 8(1) of the 1986 Act (standard conditions of licences to be incorporated in gas licences)—

(a)

the words “and sections 23(2), 26(1A) and 27(2) below” shall be omitted; and

(b)

for “section 8(2) of the Gas Act 1995” there is substituted “ section 81(2) of the Utilities Act 2000 ”.

Annotations

Textual amendments

F1: Words in s. 81(1) substituted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 5(5)(a)
F2: Words in s. 81(2) substituted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 5(5)(b)(i)
F3: Words in s. 81(2) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 168(10), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1
F4: Words in s. 81(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 67; 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in s. 81(2) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 77(6), 121(3)
F6: Words in s. 81(2) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 98(10), 121(3)
F7: Words in s. 81(2) substituted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 14; S.I. 2009/45, art. 2(e)(iv)
F8: Word in s. 81(2) substituted (8.6.2010) by Energy Act 2010 (c. 27), s. 38(3), Sch. para. 14(a)
F9: Word in s. 81(2) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 22(8)(a), 121(1); S.I. 2012/873, art. 2(a)(v)
F10: Words in s. 81(2) inserted (8.6.2010) by Energy Act 2010 (c. 27), s. 38(3), Sch. para. 14(b)
F11: Words in s. 81(2) substituted (18.2.2014) by Energy Act 2013 (c. 32), ss. 142(3), 156(2)
F12: Words in s. 81(2) substituted (19.7.2018) by Domestic Gas and Electricity (Tariff Cap) Act 2018 (c. 21), ss. 11(3), 13(2)
F13: Word in s. 81(2) substituted (23.7.2018) by Smart Meters Act 2018 (c. 14), ss. 6(11)(b), 14(5)
F14: Words in s. 81(2) inserted (25.10.2022) by Energy Prices Act 2022 (c. 44), s. 30(6), Sch. 7 para. 5 (with s. 29)
F15: Words in s. 81(2) inserted (26.12.2023) by Energy Act 2023 (c. 52), ss. 91(13), 334(3)(b)
F16: Words in s. 81(2) substituted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 5(5)(b)(ii)
F17: S. 81(2A) inserted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 5(5)(c)

Commencement

I1: S. 81 wholly in force at 1.10.2001; s. 81 not in force at Royal Assent see s. 110(2); s. 81(1)(2) in force at 16.5.2001 by S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); s. 81(3) in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)