Energy Act 2008

94 Power to amend licence conditions: gas

(1) The Secretary of State may modify—

(a) the conditions of a particular licence under section 7 of the Gas Act 1986;

(b) the standard conditions incorporated in licences under that section by virtue of section 8 of that Act.

(2) The Secretary of State may exercise the power in subsection (1) for the purpose only of enabling the Gas and Electricity Markets Authority (“the Authority”) to recover and pay into the Consolidated Fund amounts in respect of—

(a) payments made by the Secretary of State by virtue of section 17(7) or (7A) of the Gas Act 1986 (c. 44);

(b) other costs incurred by the Secretary of State in performing a function conferred by section 17 of the Gas Act 1986 or by gas meter regulations (within the meaning of section 92).

(3) The power in subsection (1) includes a power to make incidental, consequential or transitional modifications.

(4) Before making a modification under this section the Secretary of State must consult—

(a) the holder of any licence being modified,

(b) the Authority, and

(c) such other persons as the Secretary of State considers appropriate.

(5) Subsection (4) may be satisfied by consultation before, as well as by consultation after, the time when this section comes into force.

(6) The Secretary of State must publish modifications under this section.

(7) A modification under subsection (1)(a) 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.

(8) Where the Secretary of State modifies the standard conditions under subsection (1)(b), the Authority must—

(a) make the same modifications of those standard conditions for the purposes of their incorporation in licences granted after that time, and

(b) publish the modifications.

(9) The power under subsection (1) may not be exercised after the end of the period of 6 months beginning with the day on which that subsection comes into force.