Energy Act (Northern Ireland) 2011

Modification of particular or standard conditions

31.—(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.