Search Legislation

Smart Meters Act 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.

3Objective of a smart meter communication licensee administration

This section has no associated Explanatory Notes

(1)The objective of a smart meter communication licensee administration is to secure—

(a)that the licensee’s functions under the relevant licences are performed efficiently and economically, and

(b)that it becomes unnecessary, by one or both of the following means, for the smcl administration order to remain in force for the purpose mentioned in paragraph (a).

(2)Those means are—

(a)the rescue as a going concern of the company subject to the smcl administration order; and

(b)transfers falling within subsection (3).

(3)A transfer falls within this subsection if it is a transfer as a going concern—

(a)to another company, or

(b)as respects different parts of the undertaking of the company subject to the smcl administration order, to two or more different companies,

of so much of that undertaking as it is appropriate to transfer for the purpose of achieving the objective of the smart meter communication licensee administration.

(4)The means by which transfers falling within subsection (3) may be effected include, in particular—

(a)a transfer of the undertaking of the company subject to the smcl administration order, or of a part of its undertaking, to a wholly-owned subsidiary of that company; and

(b)a transfer to a company of securities of a wholly-owned subsidiary to which there has been a transfer falling within paragraph (a).

(5)The objective of a smart meter communication licensee administration may be achieved by a transfer falling within subsection (3) to the extent only that—

(a)the rescue as a going concern of the company subject to the smcl administration order is not reasonably practicable or is not reasonably practicable without such a transfer;

(b)the rescue of that company as a going concern will not achieve that objective or will not do so without such a transfer;

(c)such a transfer would produce a result for the company’s creditors as a whole that is better than the result that would be produced without it; or

(d)such a transfer would, without prejudicing the interests of those creditors as a whole, produce a result for the company’s members as a whole that is better than the result that would be produced without it.

(6)The Secretary of State may by regulations made by statutory instrument—

(a)specify activities carried out by a smart meter communication licensee under the relevant licences to which a smart meter communication administrator must give priority in—

(i)managing the affairs, business and property of the licensee, and

(ii)otherwise exercising and performing the powers and duties of a smart meter communication administrator; and

(b)make provision about how the smart meter communication administrator is to give priority to specified activities.

(7)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources