PART 2

Electricity Market Reform
CHAPTER 3

Capacity Market

Licence modifications for the purpose of the capacity market
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1
The Secretary of State may, for any purpose related to provision that is made by this Chapter, or any purpose for which provision may be made under this Chapter, modify—
a
a condition of a particular licence under section 6(1)(a) to (e) of EA 1989 (generation, transmission, distribution, supply and interconnector licences);
b
the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act;
c
a document maintained in accordance with the conditions of licences under those provisions, or an agreement that gives effect to a document so maintained.
2
A modification under this section may in particular include a modification—
a
to provide for a new document to be prepared and maintained in accordance with the conditions of a licence;
b
to provide for an agreement to give effect to a document so maintained;
c
to confer functions on the national system operator.
3
Provision included in a licence, or in a document or agreement relating to licences, by virtue of the modification power may in particular include provision of any kind that may be included in electricity capacity regulations.
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 it appropriate to consult.
5
Subsection (4) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.