Legislation – Energy Act 2023

functions conferred by or by virtue of this Act, which include functions relating to the matters mentioned in subsection (3), and

whatever other functions are conferred on the ISOP by or by virtue of any enactment other than one contained in this Act.

co-ordinating and directing the flow of electricity onto and over transmission systems;

making and administering arrangements for the provision of services for the purpose of facilitating the co-ordination of the flow of electricity onto and over transmission systems;

providing advice, analysis or information in relation to the matters mentioned in section 171(1).

must specify the time from which the designation has effect;

must be published by the Secretary of State as soon as reasonably practicable after the notice is given.

must specify the time from which the revocation has effect;

must be published by the Secretary of State as soon as reasonably practicable after the notice is given.

the net zero objective;

the security of supply objective;

the efficiency and economy objective.

section 1 of the Climate Change Act 2008 (net UK carbon account target for 2050), and

section 4(1)(b) of that Act (UK carbon account not to exceed carbon budget).

electricity conveyed by distribution systems or transmission systems, and

gas conveyed through pipes.

efficient, co-ordinated and economical systems for the distribution and transmission of electricity and the conveyance of gas;

efficiency (including the efficient use of energy) and economy on the part of persons who carry out relevant activities within subsection (5)(a), (b) or (c).

an activity mentioned in section 5(1) of the Gas Act 1986 (gas transportation, interconnection, supply, shipping, system planning, smart meter communication, code management);

an activity mentioned in section 4(1) of the Electricity Act 1989 (electricity generation, transmission, distribution, supply, interconnection, multi-purpose interconnection, system operation, smart meter communication, code management);

an activity, other than an activity within paragraph (a) or (b), in respect of which the ISOP has functions;

“energy” means energy in any form and includes fuel or other substances used to produce energy;

references to the production of energy include references to the conversion of energy from one form to another;

references to the supply of energy include references to adjusting consumption of energy (whether generally, at particular times, or by particular persons);

an activity referred to in paragraph (d)(i) is not a relevant activity when carried out in relation to products for human or animal consumption;

“UK emissions of targeted greenhouse gases” are emissions of such gases as are, or are treated for the purposes of Part 1 of the Climate Change Act 2008 as, emissions from sources in the United Kingdom.

the need to facilitate competition between persons who carry out a relevant activity (except to the extent that such persons are, in accordance with or by virtue of an enactment, not subject to competition in relation to the activity);

the consumer impact of a relevant activity;

the whole-system impact of a relevant activity;

the desirability of facilitating innovation in relation to the carrying out of relevant activities.

the behaviour of persons who carry out the activity on existing and future consumers, and

the behaviour of existing and future consumers on the carrying out of the activity.

the carrying out of the activity, and

the behaviour of existing and future consumers in relation to the carrying out of the activity,

the grounds on which the conclusion was reached;

what (if anything) the ISOP is doing or proposes to do for the purpose of furthering the delivery of the outcome so far as reasonably practicable.

in subsection (2)(c), after “Authority” insert “, the Independent System Operator and Planner”;

a pre-commencement transmission licence,

a document maintained in accordance with the conditions of such a licence, or

an agreement that gives effect to such a document.

incidental, consequential, supplementary and transitional provision;

such amendments relating to the revocation of a pre-commencement transmission licence as the Secretary of State considers appropriate;

different provision for different purposes.

the GEMA, and

such other persons as the Secretary of State considers appropriate.

omit the “or” at the end of paragraph (c);

in subsection (3), after “contained in it” insert “and subject to subsection (3A)”;

the conditions of a particular relevant licence;

the standard conditions of relevant licences of a particular type;

a relevant document.

the licence authorises the holder to co-ordinate and direct the flow of electricity onto and over a transmission system by means of which the transmission of electricity takes place, and

the first electricity system operator licence has been granted to a person.

in preparation for the designation of a person under section 162(1), or

in connection with or in consequence of the designation of a person under that provision.

the operation or management of a relevant document is affected by steps taken in connection with the designation of a person under section 162(1) or by the preparation for such a designation, and

the authority considers it appropriate to exercise the power in connection with the operation or management of a relevant document.

publish a notice about the proposed modification,

send a copy of the notice to the persons listed in subsection (2), and

consider any representations made within the period specified in the notice about the proposed modification or the date from which it would take effect.

each relevant licence holder;

the GEMA (where the relevant authority is the Secretary of State) or the Secretary of State (where the relevant authority is the GEMA);

the National Association of Citizens Advice Bureaux;

the Scottish Association of Citizens Advice Bureaux;

Consumer Scotland;

the General Consumer Council for Northern Ireland, unless the relevant authority does not consider it appropriate for the Council to be sent a copy of the notice in a particular case;

where the proposed modification relates to a licence for the purposes of section 5 of the Gas Act 1986, the Health and Safety Executive;

such other persons as the relevant authority considers appropriate.

state that the relevant authority proposes to make a modification;

set out the proposed modification and its effect;

specify the date from which the relevant authority proposes that the modification will have effect;

state the reasons why the relevant authority proposes to make the modification.

state that the relevant authority has decided to make the modification;

set out the modification and its effect;

specify the date from which the modification has effect;

state how the relevant authority has taken account of any representations made in the period specified in the notice under subsection (1);

state the reason for any differences between the modification set out in the notice and the proposed modification.

in relation to the modification of a condition of a particular relevant licence (other than a standard condition), means the holder of that licence;

in relation to the modification of a document maintained in accordance with the conditions of a relevant licence of a particular type, means the holder of a relevant licence of that type;

in relation to the revocation of a relevant licence, means the holder of that licence.

any of the ISOP’s functions,

any of the objectives listed in section 163(1), or

any of the matters listed in section 164(1).

a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975: see section 8(1) of that Act);

the GEMA.

the person carries out a relevant activity, or

the ISOP reasonably considers that the person intends to carry out a relevant activity.

for an injunction,

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

for any other appropriate remedy or relief.

grant,

loan,

guarantee or indemnity, or

the acquisition of shares or any other interest in, or securities of, a body corporate.

for “or a distribution licence” substitute “, a distribution licence or an electricity system operator licence”;

in paragraph (a), for “his charges for the transmission or distribution of electricity” substitute “the charges payable to the holder in connection with the transmission or distribution of electricity, or in connection with the exercise of any other functions under or by virtue of the licence,”;

in paragraph (b), for “licence holders” substitute “holders of licences under section 6 or under Part 1 of the Gas Act 1986”.

after “section 7” insert “or 7AA”;

in sub-paragraph (i), for “his charges for the conveyance of gas” substitute “the charges payable to the holder in connection with the conveyance of gas, or in connection with the exercise of any other functions under or by virtue of the licence,”;

in sub-paragraph (ii), for the words from “licences under” to “above” substitute “licences under this Part or under section 6 of the Electricity Act 1989”.