Section 6H: Sections 6C, 6F and 6G: modification of codes or agreements

Electricity Act 1989 · 1989 c. 29View on legislation.gov.uk

Part I: ELECTRICITY SUPPLY

The Authority may—

modify a code maintained in accordance with the conditions of a licence under section 6(1);
modify an agreement that gives effect to a code so maintained.

The Authority may make a modification under subsection (1) only if it considers it necessary or desirable for the purpose of—

implementing, or facilitating the implementation of, a determination made in accordance with regulations under section 6C, or
implementing or facilitating the operation of section 6F or 6G.

The power to make modifications under subsection (1) includes a power to make incidental, supplemental, consequential or transitional modifications.

Before making a modification under subsection (1) the Authority must—

consult such persons as the Authority considers appropriate, and
publish a notice—
stating that it proposes to make the modification and its reasons for proposing to make it,
setting out the proposed modification and its effect, and
specifying the time within which representations may be made (which must not be less than the period of 28 days beginning with the day on which the notice is published).

Subsection (4) may be satisfied by consultation before, as well as consultation after, the passing of the Energy Act 2023.

As soon as reasonably practicable after making a modification under subsection (1), the Authority must publish a notice stating its reasons for making it.

A notice under subsection (4) or (6) is to be published in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by it.

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