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Energy Act 2008

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This is the original version (as it was originally enacted).

Licensing

4Licences

(1)The Secretary of State may grant a person a licence in respect of one or more activities within section 2(3).

(2)The controlled place in respect of which a licence is granted may be determined by reference to the provisions of a Crown lease which has been or may be granted.

(3)For this purpose “Crown lease” means a lease of property forming part of the Crown Estate, or an authorisation to exercise rights forming part of that Estate (whether by virtue of section 1 or otherwise).

5Applications

The Secretary of State may by regulations—

(a)prescribe the persons, or classes of persons, by whom an application for a licence may be made;

(b)prescribe requirements which must be met by, or in relation to, a person who makes an application;

(c)prescribe the manner in which an application must be made;

(d)prescribe the information which an application must contain and any documents which must accompany it;

(e)require an application to be accompanied by a fee of an amount prescribed by, or determined in accordance with, the regulations.

6Terms and conditions

(1)A licence may be granted on such terms and subject to such conditions as the Secretary of State considers appropriate.

(2)The provisions of a licence may be expressed by reference to provision made in a Crown lease, and, in particular, may provide—

(a)for the commencement of the licence to be conditional upon the commencement of a Crown lease which has been or may be granted in respect of the controlled place to which the licence relates or any part of that place;

(b)for the period of the licence to be determined by reference to the period of such a Crown lease.

(3)A licence may authorise, in such circumstances and subject to such conditions as are specified, the transfer of the licence to another person (or the inclusion of another person as a joint licence holder).

(4)The provisions of a licence may include—

(a)provision requiring the licence holder to obtain the prior written consent of the Secretary of State or another person for specified acts or omissions;

(b)provision providing that any such consent may be given subject to conditions.

(5)The conditions imposed on a consent by virtue of subsection (4)(b) may include conditions requiring, or otherwise providing for, the modification of the licence in such manner as the Secretary of State considers appropriate.

(6)In this section—

  • “Crown lease” has the same meaning as in section 4;

  • “specified”, in relation to a licence, means specified in, or determined in accordance with, the licence.

7Model clauses

(1)The Secretary of State may make regulations prescribing model clauses for licences.

(2)Subject to subsection (3), the model clauses, as they have effect at the time a licence is granted, are deemed to be incorporated into the licence.

(3)The Secretary of State may decide to exclude or modify one or more of those model clauses in the case of a particular licence.

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