Part 5

Miscellaneous

Grant of smart meter communication licences

Power of Gas and Electricity Markets Authority to amend licence conditions etc
91C
1
The Authority may modify—
a
a condition of a particular relevant licence;
b
the standard conditions incorporated in relevant licences of a particular type;
c
a document maintained in accordance with the conditions of a relevant licence, or an agreement that gives effect to a document so maintained.
2
The Authority may exercise the power in subsection (1) only if the Authority considers it necessary or expedient to do so for the purposes of, or in preparation for, the grant of a smart meter communication licence.
3
The power conferred by subsection (1)—
a
may be exercised to make different provision for different purposes or different areas;
b
may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);
c
includes a power to make incidental, supplementary, consequential or transitional modifications.
4
Provision included in a licence in reliance on subsection (1)—
a
need not relate to the activities authorised by the licence;
b
in the case of a licence for the purposes of section 5 of the Gas Act 1986, may do any of the things authorised by section 7B(5) of that Act (which apply to the Authority’s power with respect to licence conditions under section 7B(4)(a));
c
in the case of a licence for the purposes of section 4 of the Electricity Act 1989, may do any of the things authorised by section 7(2) to (4) of that Act (which apply to the Authority’s power with respect to licence conditions under section 7(1)(a)).
5
A modification under subsection (1) 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 Gas Act 1986 or Part 1 of the Electricity Act 1989.
6
Where the Authority makes modifications under subsection (1) of the standard conditions of a licence of any type, the Authority 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.
7
In this section—
- “
relevant licence
” means a licence for the purposes of section 5 of the Gas Act 1986 or section 4 of the Electricity Act 1989 (prohibitions on unlicensed activities);
- “
specified
” means specified in the modification.
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