Energy Act 2023 (c. 52)

Prospective

Part 6 E+W+S Governance of gas and electricity industry codes

Key definitions for Part 6 E+W+S

182 Designation of codes etc E+W+S

(1) In this Part, “designated document” means a document that—

(a) is maintained in accordance with the conditions of a relevant licence, and

(b) is designated for the purposes of this Part by notice given by the Secretary of State.

(2) The designation of a document has effect from the time specified in the notice under subsection (1)(b).

(3) A notice under subsection (1)(b) must be published in such manner as the Secretary of State considers appropriate for bringing it to the attention of those likely to be affected by the designation.

(4) The Secretary of State may revoke the designation of a document under this section.

(5) The Secretary of State may not designate a document, or revoke the designation of a document, except so as to give effect to a recommendation of the GEMA.

(6) Before making a recommendation to the Secretary of State for the purposes of subsection (5), the GEMA must consult such persons as it considers appropriate.

(7) Subsection (6) does not apply in relation to the designation of a document where, immediately before being designated, the document is (or is treated as) a qualifying document within the meaning of Schedule 12.

Commencement Information

I1 S. 182 not in force at Royal Assent, see s. 334(1)

183 Meaning of “code manager” and “code manager licence” E+W+S

(1) In this Part, “code manager”, in relation to a designated document, means the holder of a code manager licence in respect of the document.

(2) In this Part, “code manager licence” means a licence under section 7AC of the Gas Act 1986 or section 6(1)(g) of the Electricity Act 1989.

(3) See sections 185 and 186, which contain amendments to the Gas Act 1986 and the Electricity Act 1989 in relation to the licences mentioned in subsection (2).

Commencement Information

I2 S. 183 not in force at Royal Assent, see s. 334(1)

184 Designation of central systems E+W+S

(1) In this Part, “designated central system” means a central system that is designated for the purposes of this Part by notice given by the Secretary of State.

(2) “Central system” means an information technology system which has one or both of the following functions—

(a) to support the operation of the provisions of one or more designated documents;

(b) to process, transmit or store data in connection with the operation of the provisions of one or more designated documents.

(3) The designation of a central system has effect from the time specified in the notice under subsection (1).

(4) A notice under subsection (1) in relation to a central system must also specify the person (referred to in this Part as the “responsible body”) who is responsible, for the purposes of this Part, for operating or procuring the operation of the central system.

(5) A notice under subsection (1) must be published in such manner as the Secretary of State considers appropriate for bringing it to the attention of those likely to be affected by the designation.

(6) The Secretary of State may revoke the designation of a central system under this section.

(7) The Secretary of State may not designate a central system, or revoke the designation of a central system, except so as to give effect to a recommendation of the GEMA.

(8) Before making a recommendation to the Secretary of State for the purposes of subsection (7), the GEMA must consult such persons as it considers appropriate.

(9) Subsection (8) does not apply in relation to the designation of a central system where—

(a) immediately before being designated, the central system is a qualifying central system within the meaning of Schedule 12, and

(b) the designation does not involve any change to the responsible body in relation to the central system.

(10) The Secretary of State may by notice provide—

(a) that the person who is the responsible body in relation to a designated central system is to cease to be the responsible body in relation to that system, and

(b) that a person specified in a notice under this paragraph is instead to be the responsible body in relation to the designated central system.

(11) The Secretary of State may not give a notice under subsection (10) except so as to give effect to a recommendation of the GEMA.

Commencement Information

I3 S. 184 not in force at Royal Assent, see s. 334(1)