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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:
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(1)The Secretary of State may modify—
(a)a condition of a particular licence under section 7A(1) of the Gas Act 1986 (gas supply licences);
(b)the standard conditions incorporated in licences under that provision by virtue of section 8 of that Act;
(c)a condition of a particular licence under section 6(1)(d) of the Electricity Act 1989 (electricity supply licences);
(d)the standard conditions incorporated in licences under that provision by virtue of section 8A of that Act;
(e)a document maintained in accordance with the conditions of licences under section 7A(1) of the Gas Act 1986 or section 6(1)(d) of the Electricity Act 1989 or an agreement that gives effect to a document so maintained.
(2)The power under subsection (1) may be exercised for the purpose only of making provision corresponding to that made by the disapplied consumer protection legislation.
(3)Conditions included in a licence under section 6(1)(d) of the Electricity Act 1989 by virtue of the power under subsection (1) may do any of the things authorised by section 7(4) of that Act (which applies to the power of the Gas and Electricity Markets Authority with respect to licence conditions under section 7(1)(a)).
(4)For the purposes of subsection (2) provision corresponds to that made by the disapplied consumer protection legislation if it is made for the same purpose as the purpose for which that provision was made.
(5)For the purposes of this section references to the disapplied consumer protection legislation are to the provisions of the Consumer Credit Act 1974 which would have applied if the amendment made by section 26 had not been made.
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.
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