Energy Act 2023 (c. 52)

Schedules

Schedule 15 E+W+S Competitive tenders for electricity projects

Part 1 E+W+S Amendments of Electricity Act 1989

23 E+W+S After paragraph 36 insert—

“Transmission owner and distribution network owner of last resort

36A (1) Before directing the holder of a transmission licence to act as a transmission owner of last resort pursuant to the conditions of the licence, the Authority may publish a notice—

(a) stating that it proposes to give the direction, and

(b) identifying the licence holder to whom it proposes to give the direction.

(2) Where a notice is published under sub-paragraph (1), this Schedule has effect as if—

(a) the licence holder is the preferred bidder in relation to a tender exercise, and

(b) the notice is one published under paragraph 35(2), identifying the licence holder as the preferred bidder.

(3) Paragraph 35(4) applies in relation to a notice published under sub-paragraph (1) of this paragraph as it applies to a notice published under paragraph 35(2).

(4) Where the Authority directs the holder of a transmission licence to act as a transmission owner of last resort pursuant to the conditions of the licence, this Schedule has effect as if—

(a) the licence holder is the holder of a transmission licence granted as a result of a tender exercise in which the licence holder was the successful bidder, and

(b) a notice has been published under paragraph 36 identifying the licence holder as the successful bidder in relation to the tender exercise.

36B (1) Before directing the holder of a distribution licence to act as a distribution network owner of last resort pursuant to the conditions of the licence, the Authority may publish a notice—

(a) stating that it proposes to give the direction, and

(b) identifying the licence holder to whom it proposes to give the direction.

(2) Where a notice is published under sub-paragraph (1), this Schedule has effect as if—

(a) the licence holder is the preferred bidder in relation to a tender exercise, and

(b) the notice is one published under paragraph 35(2), identifying the licence holder as the preferred bidder.

(3) Paragraph 35(4) applies in relation to a notice published under sub-paragraph (1) of this paragraph as it applies to a notice published under paragraph 35(2).

(4) Where the Authority directs the holder of a distribution licence to act as a distribution network owner of last resort pursuant to the conditions of the licence, this Schedule has effect as if—

(a) the licence holder is the holder of a distribution licence granted as a result of a tender exercise in which the licence holder was the successful bidder, and

(b) a notice has been published under paragraph 36 identifying the licence holder as the successful bidder in relation to the tender exercise.”

Commencement Information

I1 Sch. 15 para. 23 in force at Royal Assent, see s. 334(2)(i)