Part 3

Energy Regulation
Chapter 1

Electricity trading and transmission

Power to modify licence conditions
134
1
If the Secretary of State considers it necessary or expedient to do so for the purpose of implementing the new trading and transmission arrangements (whether wholly or partly), he may modify—
a
the conditions of a particular licence under section 6 of the 1989 Act (licences authorising supply etc.), or
b
the standard conditions of licences of any of the types of licence mentioned in subsection (1) of that section (generation, transmission, distribution or supply licences).
2
The power under subsection (1) includes—
a
power to make modifications relating to the operation of distribution systems, and
b
power to make incidental, consequential or transitional modifications.
3
Before making modifications under this section, the Secretary of State shall consult the holder of any licence being modified and such other persons as he considers appropriate.
4
Subsection (3) may be satisfied by consultation before, as well as by consultation after, the commencement of this section.
5
The Secretary of State shall publish any modifications under subsection (1) in such manner as he considers appropriate.
6
Any modification under subsection (1)(a) of part of a standard condition of a licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the 1989 Act.
7
Where the Secretary of State modifies the standard conditions of licences of any type under subsection (1)(b), GEMA shall—
a
make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
b
publish the modifications in such manner as it considers appropriate.
8
The power under subsection (1) may not be exercised after the end of the period of eighteen months beginning with the day on which that subsection comes into force.
9
In subsection (2)(a), the reference to distribution systems is to be construed in accordance with section 4(4) of the 1989 Act.
S. 134 in force at 24.8.2004 by S.I. 2004/2184, art. 2(1), Sch. 1