Part 2

Sustainability and Renewable Energy Sources
Chapter 2

Offshore production of energy

Application of 1989 Act offshore

Modification of licence conditions for offshore transmission and distribution
90
1
If the Secretary of State considers it appropriate to do so for purposes connected with offshore transmission or offshore distribution, he may—
a
modify the standard conditions of transmission licences or distribution licences;
b
modify, for purposes that in relation to modifications made under paragraph (a) are incidental, consequential or transitional purposes, the conditions of a particular transmission licence or a particular distribution licence;
c
modify a code maintained in accordance with the conditions of a transmission licence or a distribution licence; and
d
modify an agreement that gives effect to a code so maintained.
2
Before making a modification under this section, the Secretary of State must consult—
a
the holder of any licence being modified; and
b
such other persons as he considers appropriate.
3
Subsection (2) may be satisfied by consultation that took place wholly or partly before the passing of the Energy Act 2011.
4
The Secretary of State must publish every modification made by him under this section.
5
The publication must be in such manner as the Secretary of State considers appropriate.
6
Where the Secretary of State makes modifications under subsection (1)(a) of the standard conditions of licences of any type, GEMA must—
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.
7
A modification under subsection (1)(b) of part of a standard condition of a licence does 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.
8
The Secretary of State’s powers under this section are exercisable only during the eighteen months beginning with the passing of the Energy Act 2011.
9
In this section—
- “offshore distribution” means distribution within an area of offshore waters of electricity generated by a generating station in such an area;
- “offshore transmission” means transmission within an area of offshore waters of electricity generated by a generating station in such an area; and
- “offshore waters” means—
  1. waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and
  2. waters within an area designated under section 1(7) of the Continental Shelf Act 1964 (c. 29).
10
Expressions used in this section and in Part 1 of the 1989 Act have the same meanings in this section as in that Part.
S. 90 in force at 19.6.2009 by S.I. 2009/1269, art. 3
Words in s. 90(3) substituted (18.10.2011) by Energy Act 2011 (c. 16), ss. 104(1), 121(4)
Words in s. 90(8) substituted (18.10.2011) by Energy Act 2011 (c. 16), ss. 104(1), 121(4)