PART 2SPECIAL ADMINISTRATION REGIME FOR PROTECTED ENERGY COMPANIES

Licence modifications relating to energy administration

31Modification of particular or standard conditions

1

Where the Department considers it appropriate to do so in connection with the provision made by this Part, it may make—

a

modifications of the conditions of a gas or electricity licence held by a particular person;

b

modifications of the standard conditions of such licences of any type.

2

The power to make modifications under this section includes power to make incidental, consequential or transitional modifications.

3

Before making a modification under this section, the Department must consult—

a

the holder of any licence being modified; and

b

such other persons as the Department considers appropriate.

4

Subsection (3) may be satisfied by consultation that took place wholly or partly before the commencement of this section.

5

The Department must publish every modification made by it under this section.

6

The publication must be in such manner as the Department considers appropriate.

7

A modification under subsection (1)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of the Gas Order or the Electricity (Northern Ireland) Order 1992 (NI 1).

8

Where the Department makes modifications under subsection (1)(b) of the standard conditions of licences of any type, the Authority must—

a

make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time; and

b

publish the modifications in such manner as it considers appropriate.

9

The Department’s powers under this section are exercisable only during the 18 months beginning with the commencement of this section.

10

In this section—

  • “electricity licence” means a licence under Article 10 of the Electricity (Northern Ireland) Order 1992;

  • “gas licence” means a licence under Article 8 of the Gas Order.