Legislation – Planning and Infrastructure Act 2025
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There are currently no known outstanding effects for the Planning and Infrastructure Act 2025, Section 17.
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Part 1Infrastructure
Chapter 2Electricity infrastructure
Connections to the electricity transmission and distribution systems
17Directions to modify connection agreements
(1)
A relevant authority may—
(a)
direct the Independent System Operator and Planner (“the ISOP”) to modify an agreement entered into by the ISOP pursuant to a document maintained in accordance with the conditions of an electricity licence;
(b)
direct an electricity distributor to modify a qualifying distribution agreement entered into by the electricity distributor.
(2)
A relevant authority may exercise the power conferred by subsection (1) only for the purpose of improving the process for managing connections to the transmission system or the distribution system (and such an improvement may include changing the order in which connections are made).
(3)
A direction under subsection (1) must describe the kinds of modification to be made by the person to whom it is given.
(4)
A direction under subsection (1) may also require the person to whom it is given to modify an agreement by including in it provision—
(a)
requiring specified conditions to be met before the taking of particular steps under the agreement;
(b)
about the procedure for varying the agreement.
(5)
A direction under subsection (1) may be expressed as having effect generally, in relation to cases within a description specified in the direction, or in relation to a particular case.
(6)
Before giving a direction under subsection (1), the relevant authority must consult—
(a)
the person to whom it proposes to give the direction, and
(b)
such other persons as the relevant authority considers appropriate.
(7)
Subsection (6) may be satisfied by consultation carried out before the passing of this Act (as well as by consultation carried out after that time).
(8)
A relevant authority must publish details of any direction it gives under subsection (1) as soon as reasonably practicable after the direction is given.
(9)
A relevant authority may exclude from publication under subsection (8) any information the publication of which would be likely to prejudice the commercial interests of any person.
(10)
A person to whom a direction is given under subsection (1) must comply with it, even if the effect of a modification made to an agreement as a result of the direction might amount to a repudiation of the agreement.
(11)
The power to give a direction under subsection (1) may not be exercised after the end of the period of three years beginning with the day on which this section comes into force.
(12)
A direction under subsection (1) may be varied or revoked by a subsequent direction given by a relevant authority.
(13)
In this section—
“the Independent System Operator and Planner” means the person for the time being designated under section 162(1) of the Energy Act 2023;
“modify” includes amend, add to and remove (and, in particular, includes making a person a party to an agreement and discharging a party from its obligations under an agreement).
(14)
In Schedule 6A to the Electricity Act 1989 (provisions imposing obligations enforceable as relevant requirements)—
(a)
“(d)
section 17(10) of the Planning and Infrastructure Act 2025 (duty to comply with direction under section 17 of that Act).”;
(b)
“(h)
section 17(10) of the Planning and Infrastructure Act 2025 (duty to comply with direction under section 17 of that Act).”