Half-hourly settlement of electricity imbalances
13Date from which modifications of electricity licence conditions may have effect
1
The Electricity Act 1989 is amended in accordance with this section.
2
In section 11A(9) (modifications of electricity licence conditions not to have effect less than 56 days from publication of decision to modify), at the end insert “
, except as provided in section 11AA
”
.
3
After that section insert—
11AAModification of conditions under section 11A: early effective date
1
The date specified by virtue of section 11A(8) in relation to a modification under that section may be less than 56 days from the publication of the decision to proceed with the making of the modification if—
a
the Authority considers it necessary or expedient for the modification to have effect before the 56 days expire,
b
the purpose condition is satisfied,
c
the consultation condition is satisfied, and
d
the time limit condition is satisfied.
2
The purpose condition is that the Authority considers the modification necessary or desirable for purposes described in section 11(2) of the Smart Meters Act 2018 (enabling or requiring half-hourly electricity imbalances to be calculated using information about customers' actual consumption of electricity on a half-hourly basis).
3
The consultation condition is that the notice under section 11A(2) relating to the modification—
a
stated the date from which the Authority proposed that the modification should have effect,
b
stated the Authority's reasons for proposing that the modification should have effect from a date less than 56 days from the publication of the decision to modify, and
c
explained why, in the Authority's view, that would not have a material adverse effect on any licence holder.
4
The time limit condition is that the specified date mentioned in subsection (1) falls within the period of 5 years beginning on the day on which section 11 of the Smart Meters Act 2018 comes into force.
4
In paragraph 2 of Schedule 5A (procedure for appeals under section 11C: suspension of decision), after sub-paragraph (1) insert—
1A
In the case of an appeal against a decision of the Authority which already has effect by virtue of section 11AA, the CMA may direct that the modification that is the subject of the decision—
a
ceases to have effect entirely or to such extent as may be specified in the direction, and
b
does not have effect, or does not have effect to the specified extent, pending the determination of the appeal.