Energy Act 2023

Modification of qualifying documents and relevant licences

4 (1) The GEMA may modify—

(a) a qualifying document;

(b) the conditions of a particular relevant licence;

(c) the standard conditions of relevant licences of a particular type.

(2) Before making a modification under sub-paragraph (1), the GEMA must—

(a) publish a notice about the proposed modification,

(b) send a copy of the notice to the persons listed in sub-paragraph (3), and

(c) consider any representations made within the period specified in the notice about the proposed modification or the date from which it would take effect.

(3) The persons mentioned in sub-paragraph (2)(b) are—

(a) the Secretary of State;

(b) each relevant licence holder;

(c) the National Association of Citizens Advice Bureaux;

(d) the Scottish Association of Citizens Advice Bureaux;

(e) Consumer Scotland;

(f) where the proposed modification relates to a licence for the purposes of section 5 of the Gas Act 1986, the Health and Safety Executive;

(g) such other persons as the GEMA considers appropriate.

(4) A notice under sub-paragraph (2) must—

(a) state that the GEMA proposes to make a modification;

(b) set out the proposed modification and its effect;

(c) specify the date from which the GEMA proposes that the modification will have effect;

(d) state the reasons why the GEMA proposes to make the modification.

(5) If, after complying with sub-paragraphs (2)to (4) in relation to a modification, the GEMA decides to make a modification, it must publish a notice about the decision.

(6) A notice under sub-paragraph (5) must—

(a) state that the GEMA has decided to make the modification;

(b) set out the modification and its effect;

(c) specify the date from which the modification has effect;

(d) state how the GEMA has taken account of any representations made in the period specified in the notice under sub-paragraph (2);

(e) state the reason for any differences between the modification set out in the notice and the proposed modification.

(7) A notice under this paragraph about a modification or decision must be published in such manner as the GEMA considers appropriate for bringing it to the attention of those likely to be affected by the making of the modification or decision.

(8) In this paragraph, “relevant licence holder”—

(a) in relation to the modification of a qualifying document, means the holder of a relevant licence in accordance with the conditions of which the document is maintained;

(b) in relation to the modification of standard conditions of relevant licences of any type, means the holder of a relevant licence of that type—

(i) that is to be modified by the inclusion of any new standard condition, or

(ii) that includes any standard conditions to which the modifications relate which are in effect during the period specified by virtue of sub-paragraph (2)(c);

(c) in relation to the modification of a condition of a particular relevant licence (other than a standard condition), means the holder of that particular relevant licence.

(9) For the purposes of this paragraph, “modification”, in relation to a qualifying document, includes the incorporation of the whole or part of the provision made by the document into another document.