Energy Act 2008

Energy Act 2008

2008 CHAPTER 32

Part 2: Electricity from Renewable Sources

Feed-in Tariffs for Small-Scale Generation of Electricity

Commentary on Sections

Section 43 Feed-in tariffs: supplemental

172. Section 43 makes three supplemental provisions in relation to the modification power conferred by section 41. Subsection (1) ensures that any modifications made to a standard licence condition under the new power do not prevent any other part of the condition from being a standard condition.

173. Subsection (2) ensures that where licence modifications are made to standard licence conditions, the Gas and Electricity Markets Authority must make the same modifications for the purpose of future licences, and also must publish those modifications.

174. Subsection (3)(a) is an order making power for the Secretary of State to make provisions conferring functions either on the Authority or the Secretary of State, or both, in connection with the administration of any scheme established through section

175. Subsection (3)(b) allows the Secretary of State to make consequential amendments to provisions made by or under an Act (including Acts of the Scottish Parliament) as he considers appropriate in consequence of any provision made under subsection (3)(a) or under the section 41 power more generally. Orders made under section 43(3)(a) are subject to the negative resolution procedure (see section 105), whereas orders made under section 43(3)(b) are subject to the affirmative resolution procedure if they contain provision to modify an Act or an Act of the Scottish Parliament, and negative resolution procedure in other cases (see section 105).