Energy Act 2008

[F1 91B Regulations under section 91A(1): further provision E+W+S

(1) Regulations under section 91A(1)—

(a) must make provision so as to ensure that a smart meter communication licence must not be granted to a person unless the Authority is satisfied that the person would not, if granted the licence, have a financial or other interest likely to prejudice the discharge of their functions as the licence holder;

(b) may make provision about the granting of a licence to a person formed by the Authority.

(2) Any sums received by the Authority under regulations under section 91A(1) are to be paid into the Consolidated Fund.

(3) Regulations made in reliance on section 91A(2)(a) may—

(a) provide for the publication of a proposal to grant a smart meter communication licence;

(b) provide for the inclusion in such a proposal of an invitation to apply for such a licence;

(c) impose conditions in relation to the making of an application for a licence;

(d) impose restrictions in relation to persons who may apply for a licence;

(e) impose requirements as to the period within which applications must be made;

(f) make provision for regulating the manner in which applications are to be considered or determined;

(g) confer on the Authority functions in connection with tender exercises.

(4) Regulations in reliance on section 91A(2)(a) may also include provision—

(a) enabling the Authority to require payments to be made, in the form and manner prescribed, in respect of costs incurred or likely to be incurred by the Authority for the purposes of a tender exercise;

(b) about the effect on a person’s participation in a tender exercise of a failure to comply with a requirement imposed by virtue of paragraph (a);

(c) about the circumstances in which the tender exercise is to stop as a result of such a failure.

(5) In this section—

• “prescribed” means prescribed in or determined under regulations under section 91A(1);

• “tender exercise” means the procedure set out in regulations made in reliance on section 91A(2)(a) for determining to whom a particular smart meter communication licence is to be granted.]

Textual Amendments

F1 Ss. 91A-91D and cross-heading inserted (E.W.S.) (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), s. 142(2)(c), Sch. 16 para. 3