- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Energy Act 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)The Secretary of State may modify—
(a)a condition of a particular licence under section 6(1)(a) to (d) of the Electricity Act 1989 (generation, transmission, distribution and supply licences);
(b)the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act;
(c)a document maintained in accordance with the conditions of licences under section 6(1)(a) to (d) of that Act, or an agreement that gives effect to a document so maintained.
(2)The Secretary of State may exercise the power conferred by subsection (1) for the purpose only of facilitating—
(a)access to a transmission system in Great Britain or offshore waters;
(b)efficient use of a transmission system in Great Britain or offshore waters.
(3)The power conferred by subsection (1)—
(a)may be exercised to make different provision in relation to different classes of customer;
(b)may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);
(c)may be exercised differently in different cases or circumstances;
(d)includes a power to make incidental, supplementary, consequential or transitional modifications.
(4)The power conferred by subsection (1) may not be exercised after the end of the period of 2 years beginning with the day on which that subsection comes into force.
(5)Provision included in a licence by virtue of that power—
(a)need not relate to the activities authorised by the licence;
(b)may do any of the things authorised by section 7(2) to (4) of the Electricity Act 1989 (c. 29) (which apply to the Gas and Electricity Markets Authority's power with respect to licence conditions under section 7(1)(a)).
(6)In this section—
“offshore waters” means—
waters in or adjacent to Great Britain which are between the low water mark and the seaward limits of the territorial sea, and
waters within an area designated under section 1(7) of the Continental Shelf Act 1964 (c. 29);
“transmission system” has the meaning given by section 4(4) of the Electricity Act 1989.
(1)Before making a modification, the Secretary of State must consult—
(a)the holder of any licence being modified,
(b)the Gas and Electricity Markets Authority, and
(c)such other persons as the Secretary of State considers appropriate.
(2)Subsection (1) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
(3)The Secretary of State must publish details of any modifications as soon as reasonably practicable after they are made.
(4)In this section “modification” means a modification under section 84.
(1)A modification under section 84 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 Part 1 of the Electricity Act 1989 (c. 29).
(2)Where the Secretary of State makes modifications under section 84(1)(b) of the standard conditions of a licence of any type, the Gas and Electricity Markets Authority must—
(a)make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
(b)publish the modification.
(3)The Secretary of State may by order make such modifications of provisions made by or under an Act or an Act of the Scottish Parliament (whenever passed or made) as the Secretary of State considers appropriate in consequence of provision made under section 84.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Click 'View More' or select 'More Resources' tab for additional information including: