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Energy Act 2004
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- 2004 c. 20
- Part 2
- Chapter 4
- Section 123
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- s. 59A inserted by 2005 c. 15 Sch. 4 para. 199
- s. 105A inserted by 2008 c. 32 s. 69(4)
- s. 110A 110B inserted by 2008 c. 32 s. 70(1)
- s. 112A inserted by 2008 c. 32 s. 71
- s. 121A inserted by S.I. 2008/1888 reg. 2
- s. 125-125C substituted for s. 125 by 2008 c. 27 Sch. 7 para. 2
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- S.I. 2004/2184 art. 2 commences (2004 c. 20)
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- S.I. 2009/1269 art. 2 3 commences (2004 c. 20)
- S.I. 2010/1889 art. 2 commences (2004 c. 20)
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- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
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- S.I. 2008/2550 art. 2 Sch. commences (2007 c. 17)
- S.I. 2009/45 art. 2-4 Commencement Order
- S.I. 2009/2809 art. 2 commences (2008 c. 32)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2012/1205 art. 2-4 commences (Commencment order for 2012 c. 9)
- S.S.I. 2011/58 art. 2 3 commences (2010 asp 5)
Prospective
123Modification of conditions of Northern Ireland electricity licencesN.I.
This section has no associated Explanatory Notes
(1)In Part 7 of the Energy (Northern Ireland) Order 2003 (renewable energy sources), after Article 58 insert—
“58AModifications of licences in connection with Energy Act 2004
(1)Where the Department or the Authority considers it necessary or expedient to do so in connection with—
(a)amendments of this Order made by section 120 of the Energy Act 2004, or
(b)provision made by an order under Article 56 to take account of amendments of the Electricity Act 1989 made by Chapter 4 of Part 2 of that Act of 2004,
it may modify the conditions of an electricity licence.
(2)The power to make modifications under this Article includes power to make incidental, consequential or transitional modifications.
(3)Before making a modification of a licence condition under this Article the Department shall consult the Authority and the licence holder.
(4)Before making a modification of a licence condition under this Article the Authority shall—
(a)consult the licence holder; and
(b)obtain the consent of the Department to the modification.
(5)Paragraphs (3) and (4)(a) may be satisfied by consultation—
(a)that, in the case of a modification within paragraph (1)(b), took place wholly or partly before the order in question comes into force; and
(b)that, in any case, took place wholly or partly before the commencement of this Article.
(6)Where the Department or the Authority makes any modifications under this Article it shall publish those modifications in such manner as it considers appropriate.
(7)The power conferred by virtue of paragraph (1)(a) may not be exercised after the end of the period of two years beginning with the commencement of this Article.
(8)The power conferred by virtue of paragraph (1)(b) may not be exercised in relation to an order under Article 56 after the end of the period of two years beginning with the day on which the order comes into force.”
(2)This section extends to Northern Ireland only.
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