Energy Act 2010

23 Expiry of power

(1) The power in section 18(1) may not be exercised after—

(a) the end of the period of 5 years beginning with the commencement day, or

(b) such longer period (if any) as is specified in an order under subsection (2).

(2) The Secretary of State may by order specify for the purposes of this section a period of—

(a) more than 5 years, but

(b) not more than 7 years,

beginning with the commencement day.

(3) No order may be made under subsection (2) after the end of the period of 5 years beginning with the commencement day.

(4) Before making an order under subsection (2), the Secretary of State must consult—

(a) holders of licences under section 6(1)(a) of the Electricity Act 1989,

(b) the Authority, and

(c) such other persons as the Secretary of State thinks it is appropriate to consult.

(5) All modifications cease to have effect after the expiry day.

(6) But that does not—

(a) affect the previous operation of a modification,

(b) prevent the exercise of any function, power or right of any person in respect of the previous operation of a modification, or

(c) affect any penalty, order or other enforcement action in respect of the previous operation of a modification.

(7) The Secretary of State may make such provision modifying a regulatory instrument as he or she considers appropriate in consequence of subsections (1) and (5).

(8) Before making a modification under subsection (7), the Secretary of State must consult—

(a) holders of licences under section 6(1)(a) of the Electricity Act 1989,

(b) the Authority, and

(c) such other persons as the Secretary of State thinks it is appropriate to consult.

(9) In this section—

• “commencement day” means the day on which section 18 comes into force;

• “expiry day” means the day on which the power in section 18(1) ceases to be exercisable by virtue of this section;

• “modification” means a modification under section 18(1);

• “regulatory instrument” means a licence, standard conditions, or a document or agreement, as mentioned in section 18(1).