Energy Act 2023

5 (1) Section 6F (offshore transmission during commissioning period) is amended as follows. E+W+S

(2) In subsection (2), for “an offshore” substitute “a”.

(3) In subsection (4)—

(a) at the beginning insert “In relation to an offshore transmission system,”;

(b) in paragraph (a), for “the tender regulations” substitute “offshore transmission tender regulations”.

(4) After subsection (4) insert—

“(4A) In relation to a transmission system other than an offshore transmission system, the third condition is that—

(a) either—

(i) a tender exercise for the granting of a relevant licence in respect of the system has been or is being held, or

(ii) a delivery body has determined to hold a tender exercise for the granting of a relevant licence in respect of the system, and

(b) the system, or anything forming part of it, has not been transferred to the successful bidder.”

(5) In subsection (8)—

(a) in the definition of “developer”, for the words from “section 6D(2)(a)” to the end substitute “section 6CB(3)(a) or (b) (person who makes the connection request, including any person who is to be so treated by virtue of section 6CC(2)”;

(b) for the definitions of “offshore transmission” and “offshore transmission licence” substitute—

• ““offshore transmission” means the transmission within an area of offshore waters of electricity generated by a generating station in such an area;

• “offshore transmission licence” means a transmission licence authorising anything that forms part of a transmission system to be used for purposes connected with offshore transmission;

• “offshore transmission tender regulations” means tender regulations that provide for the determination on a competitive basis of the person to whom an offshore transmission licence is to be granted;”;

(c) for the definitions of “successful bidder” and “tender exercise” substitute—

• ““tender exercise” has the meaning given by section 6CD(3);”;

(d) in the definition of “relevant generating station”, for “an offshore” substitute “a”;

(e) for the definition of “the tender regulations” substitute—

• ““tender regulations” has the meaning given by section 6C(1).”

(6) In the heading omit “Offshore”.

Commencement Information

I1 Sch. 15 para. 5 in force at Royal Assent, see s. 334(2)(i)