Legislation – Energy Act 2023

activities falling within section 2(2)(a);

activities falling within section 2(2)(b).

must be in writing;

is to continue in force for such period as may be specified in or determined by or under the licence, unless previously revoked in accordance with any term of the licence.

amendments (or repeals or revocations) in any provision of this Act or any other enactment, and

provision modifying any standard conditions of licences or provision determining the conditions which are to be standard conditions for the purposes of new types of licences.

stating that the Secretary of State proposes to make regulations under this section, and

specifying the period (of not less than 28 days from the date on which the notice is given) within which representations may be made with respect to the provision within the relevant devolved competence,

the Scottish Ministers, if the regulations contain provision within Scottish devolved competence;

the Welsh Ministers, if the regulations contain provision within Welsh devolved competence;

the Department for the Economy in Northern Ireland, if the regulations contain provision within Northern Ireland devolved competence;

is within Scottish devolved competence if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

is within Welsh devolved competence if it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);

make provision about the form and manner in which an application for a licence must be made;

authorise the grantor to require that an application is accompanied by a fee for processing the application of an amount determined in accordance with the regulations.

requiring that a decision to refuse a licence must be accompanied by reasons for the decision;

imposing requirements with regard to the publication of decisions to refuse a licence.

consult the economic regulator and the appropriate devolved authorities, and

specify a period of not less than 28 days within which representations or objections with respect to the proposed regulations may be made,

stating that the economic regulator proposes to grant the licence,

stating the reasons why the economic regulator proposes to grant the licence, and

specifying the time (which must not be less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed licence may be made,

publishing the notice in such manner as the economic regulator considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the licence, and

the Scottish Ministers, if the regulations contain provision within Scottish devolved competence;

the Welsh Ministers, if the regulations contain provision within Welsh devolved competence;

the Department for the Economy in Northern Ireland, if the regulations contain provision within Northern Ireland devolved competence.

is within Scottish devolved competence if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

is within Welsh devolved competence if it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);

provision, in prescribed cases, for the publication of a proposal to grant a licence;

provision for the inclusion in such a proposal of an invitation to apply for a licence;

provision restricting the making of applications for a licence and imposing requirements as to the period within which they must be made;

provision for regulating the manner in which applications are considered and determined;

provision authorising the Secretary of State to direct, in relation to a particular competition, that specified functions which would, apart from the direction, be exercisable by the economic regulator are, so far as they relate to that competition, to be exercised instead by a specified person.

stating that the Secretary of State proposes to make regulations under this section, and

specifying the period (of not less than 28 days from the date on which the notice is given) within which representations must be made with respect to the proposed provisions,

may make provision by reference to a determination by the economic regulator or to the opinion of the economic regulator as to any matter;

may dispense with or supplement provision made in relation to applications for licences under section 9.

the Scottish Ministers, if the regulations contain provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

the Welsh Ministers, if the regulations contain provision that would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);

such conditions (whether or not relating to the activities authorised by the licence) as appear to the grantor to be requisite or expedient having regard to the duties imposed by section 1 (principal objectives of Secretary of State and economic regulator), and

conditions requiring the making to the economic regulator of a payment on the grant of the licence, or payments during the currency of the licence, or both, of such amount or amounts as may be determined by or under the licence.

to comply with any direction given by the economic regulator or the Secretary of State as to such matters as are specified in the licence or are of a description so specified,

to consent to the disclosure of information provided in accordance with a direction given to the licence holder,

except in so far as the economic regulator or Secretary of State consents to the licence holder’s doing (or not doing) them, not to do (or to do) such things as are specified in the licence or are of a description so specified,

to refer for determination by the economic regulator or Secretary of State such questions arising under the licence, or under any document referred to in the licence, as are specified in the licence or are of a description so specified, and

to refer for approval by the economic regulator or the Secretary of State such things as are (or may be) required to be done under the licence, and such contracts or agreements made before the grant of the licence, as are specified in the licence or are of a description so specified.

provision about the revenue that the licence holder may receive in respect of its activities (the licence holder’s “allowed revenue”);

provision about how the licence holder’s allowed revenue is to be calculated.

has applied or is considering whether to apply for a licence, or

is considering whether to apply for financial support for carbon capture activities.

information in relation to the activities authorised by the licence, and

to have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions, or

to be modified in such manner as may be specified in the conditions at such times and in such circumstances as may be so determined.

stating that the grantor proposes to exclude the conditions or make the modifications and setting out the effect of so doing,

stating the reasons why the grantor proposes to exclude the conditions or make the modifications, and

specifying the time (which must not be less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed exclusions or modifications may be made,

by publishing the notice in whatever manner the grantor considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the exclusions or modifications, and

by sending a copy of the notice to the appropriate devolved authorities (if any) and the Secretary of State.

the licence holder would not be unduly disadvantaged in competing with other holders of licences, and

no other holder of a licence would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence).

each exclusion or modification,

their effects, and the reason for adopting them, and

how the grantor has taken account of any representations or objections made in accordance with subsection (6).

the Welsh Ministers, if provision making the exclusions and modifications proposed in the notice under subsection (6) would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);

the Scottish Ministers, if provision making the exclusions and modifications proposed in that notice would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

the conditions of a particular licence;

the standard conditions of licences.

stating that it proposes to make modifications,

setting out the proposed modifications and their effect,

stating the reasons why it proposes to make the modifications, and

specifying the time within which representations with respect to the proposed modifications may be made.

by publishing the notice in such manner as the economic regulator considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications, and

publish the decision and the modifications in such manner as it considers appropriate for the purpose of bringing them to the attention of persons likely to be affected by the making of the modifications,

state the effect of the modifications,

state how it has taken account of any representations duly made, and

state the reason for any differences between the modifications and those set out in the notice by virtue of subsection (2)(b).

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

the Welsh Ministers, if provision making the modifications proposed in the notice under subsection (2) would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);

the Scottish Ministers, if provision making the modifications proposed in that notice would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

also make (as nearly as possible) the same modifications of those conditions for the purposes of their incorporation in licences granted after that time, and

publish the modifications in such manner as it considers appropriate for the purpose of bringing them to the attention of persons likely to be affected by the making of the modifications.

the conditions of a particular licence, or

the standard conditions of licences,

an order under section 160 or 161 of that Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to activities authorised or regulated by a licence.

must also make (as nearly as possible) the same modifications of those conditions for the purposes of their incorporation in licences granted after that time, and

may, after consultation with the economic regulator, make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any conditions of licences under that provision granted before that time.