Section 51: Power purchase agreement scheme: regulations
269.This section enables the Secretary of State to make regulations in connection with any modifications made under section 50 for or in connection with a PPA scheme.
270.Subsection (2) sets out that such regulations may include provision for:
apportioning amongst licensed suppliers the costs or benefits of any licensed supplier in connection with the scheme;
conferring functions on the Secretary of State or the Authority;
the delegation of functions conferred on the Secretary of State or the Authority by the regulations or by virtue of section 50;
obligations imposed by the regulations on licensed suppliers to be enforceable as if they were relevant requirements on a regulated person under section 25 of the Electricity Act 1989;
requiring the provision of information in connection with the scheme.
271.Subsection (3) explains that provision may be included in regulations for requiring licensed suppliers to pay a levy to the Authority or conferring an entitlement on them to receive a payment from it.
272.Subsection (4) sets out that regulations may include provision for the Secretary of State or the Authority to determine what is to be taken into account as a cost or benefit of any licensed supplier in connection with the scheme.
273.Subsection (5) enables the Secretary of State to make different provisions in regulations for different cases or circumstances. It also enables the Secretary of State to include in regulations provisions of an incidental, supplementary, consequential or transitional nature.
274.Subsections (6) and (7) require that the Secretary of State must consult relevant persons, including licensed suppliers and the Authority, before making any regulations in connection with any modifications made under section 50 and confirms that this requirement can be satisfied by consultation before the passing of the Act.
275.Subsections (8) and (9) provide that regulations must be made by statutory instrument and are subject to the negative parliamentary procedure.