Energy Act 2010

14 Regulations under Part 2: procedure etc

(1) Before making regulations under section 9, 11 or 15, the Secretary of State must consult—

(a) the Authority,

(b) in the case of a support scheme that applies to licensed gas suppliers, or a reconciliation mechanism that applies in relation to them, licensed gas suppliers,

(c) in the case of a support scheme that applies to licensed electricity suppliers, or a reconciliation mechanism that applies in relation to them, licensed electricity suppliers, and

(d) such other persons as the Secretary of State thinks it is appropriate to consult.

(2) Subsection (1) may be satisfied by consultation before, as well as by consultation after, this section comes into force.

(3) The Secretary of State may not make regulations under section 9 except with the consent of the Treasury.

(4) A support scheme—

(a) must contain provision specifying a period (“the scheme period”) at the end of which the scheme is to cease to have effect, and

(b) may provide for the Secretary of State to review the scheme, or any part of it—

(i) after such period, or at such intervals, as may be specified in or determined in accordance with the scheme, or

(ii) when the Secretary of State is satisfied that one or more conditions specified in the scheme is satisfied.

(5) Where a support scheme (“the current scheme”) has effect, no regulations may be made under section 9 to—

(a) amend or revoke the current scheme, or

(b) make another support scheme that applies to any of the scheme suppliers to which the current scheme applies,

except following a review of the current scheme conducted in accordance with provision made under subsection (4)(b).

(6) Nothing in subsection (5) is to be taken to prevent a support scheme or any part of it being renewed at the end of the scheme period by regulations under section 9 which provide for it to have effect for a further scheme period.