Part 1Energy efficiency
CHAPTER 1Green deal
Modifying energy licences
I120Power to modify energy supply licences to make provision as to consumer protection
1
The Secretary of State may modify—
a
a condition of a particular licence under section 7A(1) of the Gas Act 1986 (gas supply licences);
b
the standard conditions incorporated in licences under that provision by virtue of section 8 of that Act;
c
a condition of a particular licence under section 6(1)(d) of the Electricity Act 1989 (electricity supply licences);
d
the standard conditions incorporated in licences under that provision by virtue of section 8A of that Act;
e
a document maintained in accordance with the conditions of licences under section 7A(1) of the Gas Act 1986 or section 6(1)(d) of the Electricity Act 1989 or an agreement that gives effect to a document so maintained.
2
The power under subsection (1) may be exercised for the purpose only of making provision corresponding to that made by the disapplied consumer protection legislation.
3
Conditions included in a licence under section 6(1)(d) of the Electricity Act 1989 by virtue of the power under subsection (1) may do any of the things authorised by section 7(4) of that Act (which applies to the power of the Gas and Electricity Markets Authority with respect to licence conditions under section 7(1)(a)).
4
For the purposes of subsection (2) provision corresponds to that made by the disapplied consumer protection legislation if it is made for the same purpose as the purpose for which that provision was made.
F15
For the purpose of this section, references to the disapplied consumer protection legislation are to—
a
the provisions of or made under the Consumer Credit Act 1974 or the Financial Services and Markets Act 2000 (“the 2000 Act”), and
b
any rules made under the 2000 Act,
which would apply but for any exemption conferred by an order under section 22 of the 2000 Act (regulated activities) in relation to debts due under a green deal plan associated with the licensee.
6
A green deal plan is associated with a licensee if the payments under the plan are to be made to the licensee.