(1) A person who becomes responsible for a relevant object must notify the appropriate Minister that he has become so responsible.
(2) For the purposes of this section a person becomes responsible for a relevant object if—
(a) he makes a proposal to construct the object in waters regulated under this Chapter;
(b) he makes a proposal for the extension or decommissioning in such waters of the object;
(c) he makes a proposal to operate or use the object on completion of its construction in such waters;
(d) he makes a proposal to operate or use the object on completion in such waters of any extension of it;
(e) he becomes a party to a proposal mentioned in paragraphs (a) to (d);
(f) he begins in such waters to construct, to extend, to operate or use or to decommission the object;
(g) he begins to participate in any of the following activities carried on in such waters, the construction, extension, operation or use or decommissioning of the object.
(3) A person is not required to notify the appropriate Minister that he has made a proposal, or become a party to a proposal, at any time before at least one of the statutory consents required for enabling effect to be given to the proposal has been given or applied for.
(4) A person who notifies the appropriate Minister under this section that he has made a proposal, or has become a party to a proposal—
(a) must specify in the notification what statutory consents required for giving effect to the proposal have been given, and what applications for such consents have been made; and
(b) must notify him subsequently whenever such a consent or application is given or made.
(5) A notification under this section must be given within such period after the obligation to give the notification arises as may be prescribed by regulations made by the appropriate Minister.
(6) A person who contravenes the requirements of this section is guilty of an offence.
(7) Regulations under this section—
(a) if made by the Secretary of State, are subject to the negative resolution procedure;
(b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
(8) A reference in this section to participation in activities does not include a reference—
(a) to participation on behalf of another person; or
(b) to participation by acting in pursuance of an agreement to provide a service or services to a person carrying on those activities.
(9) In this section “statutory consent” has the same meaning as in section 105.
112A Power of appropriate Minister to require information and documents
(1) The appropriate Minister may by notice require a person within subsection (2) to provide the appropriate Minister with such relevant information or documents as the appropriate Minister may require in connection with the exercise of functions under this Chapter.
(2) Those persons are—
(a) a person who has been, or may be, given a notice under section 105(2)(a) in relation to a relevant object,
(b) where a person falling within paragraph (a) is a body corporate, a body corporate associated with that person,
(c) a person not within paragraph (a) or (b) who by virtue of provision made under section 108(3)(b) is subject to the duty under section 109(1) in relation to a decommissioning programme relating to a relevant object.
(3) Information or a document is “relevant” if it relates to—
(a) the place where the relevant object is or is to be situated,
(b) the relevant object,
(c) where the recipient of the notice is a body corporate falling within subsection (2)(c) or section 105(2)(a), details of an associated body corporate,
(d) the financial affairs of the recipient of the notice or, where the recipient is a body corporate falling within subsection (2)(c) or section 105(1)(a), (b) or (c), an associated body corporate,
(e) the security that the recipient proposes to provide in relation to the carrying out of a decommissioning programme relating to the relevant object or for the recipient's compliance with any conditions of the programme's approval, or
(f) where the recipient of the notice (“R”) is a body corporate falling within subsection (2)(c) or section 105(1)(a), (b) or (c), the name or address of any person whom R believes to be an associated body corporate.
(4) But if a notice under subsection (1) requires information in connection with a function of the appropriate Minister under section 107(1) or (4), the notice may require the provision of information or documents which the appropriate Minister considers are necessary or expedient for the purpose of exercising those functions (whether or not they are of a kind specified in subsection (3)).
(5) A notice under subsection (1) must specify the documents or information, or the description of documents or information, to which it relates.
(6) Information or documents required to be provided under this section must be provided within such period as is specified in the notice under subsection (1).
(7) In this section, “associated”, in relation to a body corporate, is to be construed in accordance with section 105A(3) to (8).
(8) A person who fails, without reasonable excuse, to comply with a notice under subsection (1) is guilty of an offence.
(9) A person who discloses information obtained by virtue of a notice under this section is guilty of an offence unless the disclosure—
(a) is made with the consent of the person by or on behalf of whom the information was provided,
(b) is for the purpose of the exercise of the appropriate Minister's functions under this Chapter, the Electricity Act 1989 or Part 4 of the Petroleum Act 1998, or
(c) is required by or under an enactment.
113 Offences relating to decommissioning programmes
(1) A person guilty of an offence under a provision of this Chapter is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(2) No proceedings for a decommissioning offence shall be instituted in England and Wales or Northern Ireland except—
(a) by the Secretary of State;
(b) by a person authorised in that behalf by the Secretary of State; or
(c) by or with the consent of the Director of Public Prosecutions or (as the case may be) the Director of Public Prosecutions for Northern Ireland.
(3) Where a decommissioning offence is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) a person who was purporting to act in any such capacity,
he (as well as the body corporate) is guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.
(4) Where such an offence—
(a) is committed by a Scottish firm, and
(b) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner of the firm,
he (as well as the firm) is guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.
(5) Where a decommissioning offence is committed outside the United Kingdom, proceedings for the offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
(6) Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to prosecution of offences committed on the open sea by persons who are not British citizens) does not apply to proceedings for a decommissioning offence.
(7) In this section—
“decommissioning offence” means an offence under—
a provision of this Chapter; or
regulations made under section 111;
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(1) Expressions used in this Chapter and in Chapter 2 of this Part have the same meanings in this Chapter as in that Chapter.
(2) In this Chapter—
“appropriate Minister” has the meaning given by section 105(1A);
“decommissioning programme” has the meaning given by section 105(2);
“extend” and “extension”, in relation to an electric line, have the same meanings as they have in Chapter 2 of this Part and this Chapter in relation to a renewable energy installation;
“recipient”, in relation to a notice under section 105, means the person or any one or more of the persons to whom that notice was given;
“relevant object” has the meaning given by section 105(10);
“security” includes—
a charge over a bank account or any other asset;
a deposit of money;
a performance bond or guarantee;
an insurance policy;
a letter of credit; and
a letter of comfort;
“waters regulated under this Chapter” has the meaning given by section 105(10).
(3) References in this Chapter to providing a security include references—
(a) to securing its maintenance or renewal; and
(b) to ensuring that its value is adjusted from time to time to take account of changes to the likely costs of the matters in respect of which it is given.
(4) References in this Chapter to the person by whom a decommissioning programme was submitted are references, in the case of a programme submitted jointly by more than one person, to each of them.
(5) Provision made by or under this Chapter in relation to places outside the United Kingdom—
(a) so far as it applies to individuals, applies to them whether or not they are British citizens; and
(b) so far as it applies to bodies corporate, applies to them whether or not they are incorporated under the law of any part of the United Kingdom.
115 Discharge of renewables obligation in Great Britain by payment
(1) In section 32(3) of the 1989 Act (renewables obligation), for the words from “must” to “produce” substitute “ must, by each specified day, have produced ”.
(2) In section 32C of that Act (payment as an alternative to complying with a renewables obligation), in subsection (1) for the words from “that” onwards substitute—
(a) that an electricity supplier may (in whole or in part) discharge its renewables obligation by making a payment to the Authority before the day specified as the day by which evidence must be produced for the purposes of section 32(3); and
(b) that an electricity supplier’s renewables obligation that was not discharged in whole or in part before the day so specified is to be treated as having been discharged to the extent specified in the order where the payment for which the order provides is made to the Authority before the end of such period beginning with that day as may be specified in the order.
(3) In subsection (2) of that section (supplementary provisions of order providing for payments)—
(a) after paragraph (a) insert—
(aa) for the sums that must be paid in order for an obligation to be treated as having been discharged to increase at a rate specified in the order for each day after the time by which evidence had to be produced for the purposes of section 32(3);
(b) in paragraph (b), for “such sums” substitute “ sums or rates falling within paragraph (a) or (aa) ”;
(c) in paragraph (c), after “sums” insert “ or rates ”; and
(d) in paragraph (d), after “sum” insert “ or rate ”.
(4) For subsection (3) of that section substitute—
(2A) An order under section 32 may provide that, where—
(a) a renewables obligation is one in relation to which provision made by virtue of subsection (1)(b) applies in the case of the electricity supplier who is subject to the obligation, and
(b) the period ending with such day (after the day by which the obligation had to be complied with) as may be specified in or determined under the order has not expired,
the taking of steps under section 27A in respect of a contravention by that supplier of that obligation is prohibited or otherwise restricted to the extent specified in the order.
(2B) An order under section 32 may provide that, in a case in which the amount received by the Authority, or by the Northern Ireland authority, by way of discharge payments for a period falls short of the amount due in respect of that period, every person who—
(a) was subject to a renewables obligation for the relevant period or for a subsequent period specified in or determined under the order, and
(b) is of a description so specified or determined,
must, by the time and in the circumstances so specified or determined, make a payment (or further payment) to the Authority of an amount calculated in the manner so specified or determined.
(2C) An order under section 32 may not by virtue of subsection (2B) confer an entitlement on the Authority to receive a payment in respect of the shortfall for any period—
(a) in the case of a shortfall in the amount received by the Authority, if the receipt of the payment is to be while a prohibition or restriction by virtue of subsection (2A) applies, in one or more cases, to the taking of steps in relation to contraventions of renewables obligations for that period; or
(b) in the case of a shortfall in the amount received by the Northern Ireland authority, if the receipt of the payment is to be while a prohibition or restriction by virtue of a corresponding provision having effect in Northern Ireland applies, in one or more cases, to the taking of steps in relation to contraventions of Northern Ireland obligations for that period.
(2D) The provision that may be made by virtue of subsection (2B) includes—
(a) provision for the making of adjustments and repayments at times after a requirement to make payments in respect of a shortfall for a period has already arisen; and
(b) provision that sections 25 to 28 are to apply in relation to a requirement imposed by virtue of that subsection on a person who is not a licence holder as if he were a licence holder.
(3) The amounts received by the Authority by virtue of the preceding provisions of this section must be paid by it to electricity suppliers in accordance with a system of allocation specified in an order under section 32.
(5) In that section, at the end insert—
(6) References in this section to an electricity supplier’s renewables obligation include references to its renewables obligation in relation to a particular period.
(7) For the purposes of this section—
(a) the amount received by the Authority by way of discharge payments for a period falls short of the amount due in respect of that period, and
(b) the amount received by the Northern Ireland authority by way of discharge payments for a period falls short of the amount due in respect of that period,
if, and to the extent that, the Authority or (as the case may be) the Northern Ireland authority would have received more by way of discharge payments if every renewables obligation or (as the case may be) Northern Ireland obligation for that period, so far as it was not otherwise discharged, had been discharged by payment.
(8) In this section—
“discharge payment”, in relation to a period, means—
(a) a payment by virtue of paragraph (a) of subsection (1) for discharging (in whole or in part) an electricity supplier’s renewables obligation for that period;
(b) so much of a payment by virtue of paragraph (b) of that subsection for securing that such an obligation is treated as discharged to any extent as does not exceed the payment that would have discharged that obligation to the same extent if it had been made before the day mentioned in that paragraph; or
(c) so much of any payment to the Northern Ireland authority as corresponds, in relation to a Northern Ireland obligation for that period, to anything falling within paragraph (a) or (b) above;
“Northern Ireland obligation” means a renewables obligation of a Northern Ireland supplier under Article 52 of the Energy (Northern Ireland) Order 2003;
“the relevant period”—
(a) in relation to a shortfall in amounts received by the Authority by way of discharge payments for a period, means that period; and
(b) in relation to a shortfall in amounts received by the Northern Ireland authority by way of discharge payments for a period, means any period that includes the whole or a part of that period.
(6) The requirements of section 32(7) of the 1989 Act (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section.
117 Use of green certificates issued in Northern Ireland
(1) After section 32B of the 1989 Act insert—
Use of green certificates issued in Northern Ireland
32BA (1) An order under section 32 may provide that—
(a) in such cases as may be specified in the order, and
(b) subject to such conditions as may be so specified,
an electricity supplier may (to the extent provided for in accordance with the order) discharge its renewables obligation (or its obligation in relation to a particular period) by the production to the Authority of a Northern Ireland certificate.
(2) In this section “Northern Ireland certificate” means a certificate issued by the Northern Ireland authority in accordance with provision included, by virtue of Article 54 of the Energy (Northern Ireland) Order 2003, in an order under Article 52 of that Order (renewables obligations for Northern Ireland suppliers).
(2) The requirements of section 32(7) of the 1989 Act (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section.
(3) In Article 56(1) of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) (power to amend Part 7 of that Order to take account of amendments of corresponding Great Britain provisions), the reference to amendments made to sections 32 to 32C of the 1989 Act includes a reference to subsection (1) of this section.
(4) Subsection (3) extends to Northern Ireland only.
(1) In section 32C of the 1989 Act (payment of money to discharge renewables obligation and distribution of fund to electricity suppliers), after subsection (4) insert—
(5) The references in subsections (3) and (4) to electricity suppliers include references to persons who are Northern Ireland suppliers.
(2) The requirements of section 32(7) of the 1989 Act (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section.
119 Supplementary provision relating to renewables obligation in Great Britain
(1) In subsection (3) of section 32 of the 1989 Act (definition of renewables obligation), for “and 32C” substitute “ to 32C ”.
(2) In subsection (7) of that section, for paragraph (d) substitute—
(d) such generators of electricity from renewable sources as he considers appropriate; and
.
(3) After subsection (8) of that section insert—
(8A) In this section and in sections 32A to 32C—
“generated” means generated at any place whether situated in the United Kingdom or elsewhere, and cognate expressions shall be construed accordingly;
“Northern Ireland authority” means the Northern Ireland Authority for Energy Regulation;
“Northern Ireland supplier” means an electricity supplier within the meaning of Part 7 of the Energy (Northern Ireland) Order 2003.
(4) In section 32A of that Act (supplementary provision relating to orders under section 32), in subsection (3) for the words from “the differences” onwards substitute “ no supplier would by virtue of the differences be unduly disadvantaged in competing with other suppliers ”.
(5) After that subsection insert—
(3A) In subsection (3) “supplier” means an electricity supplier or a Northern Ireland supplier.
(6) In subsection (7) of that section, for “obligation imposed” substitute “ matters dealt with ”.
(7) The requirements of section 32(7) of that Act (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section.
120 Issue of green certificates in Northern Ireland
(1) Article 54 of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) (which contains provision corresponding to provision contained in section 32B of the 1989 Act) is amended as follows.
(2) After paragraph (2) insert—
(2A) In paragraphs (1) and (2) “Northern Ireland” does not include any part of the territorial sea of the United Kingdom.
(2B) The provision that may be contained by virtue of this Article in an order under Article 52 includes—
(a) provision for the person to whom a certificate is to be issued to be determined either before or after the supply of the electricity to which it relates; and
(b) provision for a determination as to the person to whom a certificate is to be issued to be made in accordance with such arrangements as may be specified in or determined under the order.
(2C) In the case only of a certificate relating to electricity that has been acquired, or is required to be acquired, under a qualifying arrangement, the arrangements within paragraph (2B)(b) that may be specified in or determined under the order include arrangements—
(a) requiring the determination of the person to whom the certificate is to be issued to be made by reference to financial bids made in respect of the certificate or in respect of both the certificate and the electricity to which it relates; and
(b) requiring that person to make a payment, in accordance with his bid, to such person as may be specified in or determined under the order.
(2D) In the case only of a certificate relating to electricity that has been acquired, or is required to be acquired, under a qualifying arrangement, provision falling within paragraph (2B)(b) may require the relevant person—
(a) to make and implement the arrangements that are specified in or determined under the order; and
(b) to comply with directions given to him by the Authority for that purpose.
(2E) A person who receives a payment in accordance with provision made by virtue of paragraph (2C)(b) shall apply the money received in such manner as the Department may direct.
(2F) A direction under paragraph (2E) may require that the money received or part of that money be paid to the Department.
(2G) Part VI shall apply in relation to a requirement imposed by virtue of paragraph (2D) or (2E) on a person who is not an electricity licence holder as if he were an electricity licence holder.
(3) After paragraph (3) insert—
(4) An order under Article 52 may confer on the Authority functions in Northern Ireland in relation to the issue of Great Britain certificates.
(5) In this Article—
“Great Britain certificates” means certificates that are or may be issued by the Gas and Electricity Markets Authority in accordance with provision included, by virtue of section 32B of the Electricity Act 1989, in an order under section 32 of that Act;
“qualifying arrangement” means an arrangement made pursuant to an order under Article 35 of the Electricity Order (or such an arrangement as modified or replaced by virtue of an order under Article 57 of this Order);
“relevant person” means, in relation to electricity that is acquired, or is required to be acquired, under a qualifying arrangement, the person who acquired it, or who is required to acquire it.
(4) The requirements of Article 52(6) of that Order (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section.
(5) This section extends to Northern Ireland only.
121 GEMA’s power to act on behalf of Northern Ireland regulator
(1) GEMA and the Northern Ireland Authority for Utility Regulation (“the Northern Ireland Authority”) shall be entitled—
(a) to enter into arrangements for GEMA to act on behalf of the Northern Ireland Authority for, or in connection with, the carrying out of the 2003 renewables obligations functions; and
(b) to give effect to those arrangements.
(2) In this section “the 2003 renewables obligations functions” means the functions conferred on the Northern Ireland Authority under or for the purposes of the Northern Ireland provisions.
(3) For this purpose “the Northern Ireland provisions” means—
(a) Articles 52 to 55 of the Energy (Northern Ireland) Order 2003 (renewables obligations for Northern Ireland suppliers), and
(b) any provision made (whether before or after the passing of the Energy Act 2008) by an order under Article 56 of the Energy (Northern Ireland) Order 2003 which amends Part 7 of that Order.
121A GEMA’s power to act on behalf of Northern Ireland regulator in issuing guarantees of origin of renewables electricity
(1) GEMA and the Northern Ireland Authority for Utility Regulation (“the Northern Ireland Authority”) shall be entitled—
(a) to enter into arrangements for GEMA to act on behalf of the Northern Ireland Authority for, or in connection with, the carrying out of the 2003 guarantees of origin functions; and
(b) to give effect to those arrangements.
(2) In this section “the 2003 guarantees of origin functions” means the functions conferred on the Northern Ireland Authority under or for the purposes of the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003.
122 Consultation in relation to Northern Ireland renewables orders
(1) This section applies where the Department of Enterprise, Trade and Investment in Northern Ireland amends the provisions of Part 7 of the 2003 Order (renewables obligations for Northern Ireland suppliers) by way of an amending order to take account of amendments of the 1989 Act made by this Chapter.
(2) In the case of a renewables order containing provision made by virtue of the amending order, the requirements of Article 52(6) of the 2003 Order (consultation before making a renewables order) may be satisfied by consultation that took place wholly or partly before the amending order came into force (including consultation taking place before the commencement of this section).
(3) In this section—
“amending order” means an order under Article 56 of the 2003 Order;
“the 2003 Order” means the Energy (Northern Ireland) Order 2003;
“renewables order” means an order under Article 52 of the 2003 Order.
(4) This section extends to Northern Ireland only.
123 Modification of conditions of Northern Ireland electricity licences
(1) In Part 7 of the Energy (Northern Ireland) Order 2003 (renewable energy sources), after Article 58 insert—
Modifications of licences in connection with Energy Act 2004
58A (1) Where the Department or the Authority considers it necessary or expedient to do so in connection with—
(a) amendments of this Order made by section 120 of the Energy Act 2004, or
(b) provision made by an order under Article 56 to take account of amendments of the Electricity Act 1989 made by Chapter 4 of Part 2 of that Act of 2004,
it may modify the conditions of an electricity licence.
(2) The power to make modifications under this Article includes power to make incidental, consequential or transitional modifications.
(3) Before making a modification of a licence condition under this Article the Department shall consult the Authority and the licence holder.
(4) Before making a modification of a licence condition under this Article the Authority shall—
(a) consult the licence holder; and
(b) obtain the consent of the Department to the modification.
(5) Paragraphs (3) and (4)(a) may be satisfied by consultation—
(a) that, in the case of a modification within paragraph (1)(b), took place wholly or partly before the order in question comes into force; and
(b) that, in any case, took place wholly or partly before the commencement of this Article.
(6) Where the Department or the Authority makes any modifications under this Article it shall publish those modifications in such manner as it considers appropriate.
(7) The power conferred by virtue of paragraph (1)(a) may not be exercised after the end of the period of two years beginning with the commencement of this Article.
(8) The power conferred by virtue of paragraph (1)(b) may not be exercised in relation to an order under Article 56 after the end of the period of two years beginning with the day on which the order comes into force.
(2) This section extends to Northern Ireland only.
124 Imposition of renewable transport fuel obligations
(1) The Secretary of State may by order impose on each transport fuel supplier of a specified description the obligation mentioned in subsection (2) (a “renewable transport fuel obligation”).
(2) That obligation is an obligation, for each specified period, for the supplier to produce to the Administrator, by the specified date, evidence which—
(a) is of the specified kind and in the specified form; and
(b) shows that during the specified period the specified amount of renewable transport fuel was supplied at or for delivery to places in the United Kingdom.
(3) An order under subsection (1) is referred to in this Chapter as an “RTF order”.
(4) Before making an RTF order the Secretary of State must consult such persons appearing to him to represent persons whose interests will be affected by the order, and such other persons, as he considers appropriate.
(5) The power to make an RTF order is subject to the affirmative resolution procedure.
(1) For the purposes of provision made by or under this Chapter, an RTF order may—
(a) establish a body corporate, and
(b) appoint that body as the Administrator.
(2) An RTF order may—
(a) make provision for the appointment of members of the body;
(b) make provision in relation to the staffing of the body;
(c) make provision in relation to the expenditure of the body;
(d) make provision regulating the procedure of the body;
(e) make any other provision that the Secretary of State considers appropriate for purposes connected with the establishment and maintenance of the body.
(3) The provision that may be made by an RTF order by virtue of this section includes, in particular, provision conferring discretions on—
(a) the Secretary of State;
(b) the body itself; or
(c) members or staff of the body.
(1) An RTF order may—
(a) confer or impose powers and duties on the Administrator for purposes connected with the implementation of provision made by or under this Chapter;
(b) confer discretions on the Administrator in relation to the making of determinations under such an order and otherwise in relation to the Administrator's powers and duties; and
(c) impose duties on transport fuel suppliers for purposes connected with the Administrator's powers and duties (including, in particular, duties framed by reference to determinations made by the Administrator).
(2) It is the duty of the Administrator to promote the supply of renewable transport fuel whose production, supply or use—
(a) causes or contributes to the reduction of carbon emissions, and
(b) contributes to sustainable development or the protection or enhancement of the environment generally.
125B Functions of the Administrator: supplementary
(1) The powers that may be conferred on the Administrator by virtue of section 125A(1) include, in particular—
(a) power to require a transport fuel supplier to provide the Administrator with such information as the Administrator may require for purposes connected with the carrying out of the Administrator's functions;
(b) power to impose requirements as to the form in which such information must be provided and as to the period within which it must be provided;
(c) power to imposes charges of specified amounts on transport fuel suppliers.
(2) The Secretary of State may give written directions to the Administrator about the exercise of any power conferred on the Administrator by virtue of subsection (1)(a) or (b).
(3) The power to give directions under subsection (2) includes power to vary or revoke the directions.
(4) The Administrator must comply with any directions given under that subsection.
(5) Sums received by the Administrator by virtue of provision within subsection (1)(c)—
(a) where the Administrator is the Secretary of State, must be paid into the Consolidated Fund, and
(b) otherwise, must be used for the purpose of meeting costs incurred in carrying out the Administrator's functions.
(6) The Secretary of State may make grants to the Administrator on such terms as the Secretary of State may determine.
(1) The Secretary of State may by order—
(a) appoint a person as the Administrator (“the new Administrator”) in place of a person previously so appointed by order under this Chapter (“the old Administrator”), and
(b) provide for the transfer of the functions of the old Administrator to the new Administrator.
(2) Only the following persons may be appointed as the Administrator by order under this section—
(a) the Secretary of State;
(b) a body or other person established or appointed by or under any enactment to carry out other functions;
(c) a body corporate established by the order for appointment as the Administrator.
(3) An order under this section that establishes a body for appointment as the Administrator may make any provision that may be made by an RTF order by virtue of section 125.
(4) An order under this section may provide for the transfer of staff of the old Administrator, and of any property, rights or liabilities to which the old Administrator is entitled or subject, to the new Administrator and may, in particular—
(a) provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order;
(b) provide for the creation of interests in, or rights over, property transferred or retained or for the creation of new rights and liabilities;
(c) provide for the order to have effect in spite of anything that would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.
(5) The order may, in particular—
(a) provide for anything done by or in relation to the old Administrator to have effect as if done by or in relation to the new Administrator;
(b) permit anything (which may include legal proceedings) which is in the process of being done by or in relation to the old Administrator when the transfer takes effect to be continued by or in relation to the new Administrator;
(c) provide for a reference to the old Administrator in an instrument or other document to be treated as a reference to the new Administrator;
(d) where the old Administrator was established by order under this Chapter, make provision for the dissolution of the old Administrator;
(e) make such modifications of any enactment relating to the old Administrator or the new Administrator as the Secretary of State considers appropriate for the purpose of facilitating the transfer.
(6) An order under this section that provides for the transfer of staff of the old Administrator to the new Administrator must make provision for the Transfer of Undertakings (Protection of Employment) Regulations 2006 to apply to the transfer.
(7) Subject to subsection (8), an order under this section is subject to the negative resolution procedure.
(8) The power to make an order under this section is subject to the affirmative resolution procedure if the order—
(a) contains provision by virtue of subsection (2)(c), or
(b) makes any modification of an enactment contained in—
(i) an Act of Parliament,
(ii) an Act of the Scottish Parliament,
(iii) a Measure or Act of the National Assembly for Wales, or
(iv) Northern Ireland legislation.
(1) An RTF order may make provision about how amounts of transport fuel are to be counted or determined for the purposes of provision made by or under this Chapter.
(2) The provision that may be made by virtue of this section includes, in particular—
(a) provision for amounts of renewable transport fuel to count towards discharging a renewable transport fuel obligation for a period only if the fuel is of a specified description;
(b) provision for amounts of renewable transport fuel of a specified description to count towards discharging such an obligation only up to a specified amount;
(c) provision for such an obligation not to be treated as discharged unless a specified minimum amount of renewable transport fuel of a specified description has been counted towards its discharge;
(d) provision for only such proportion of any renewable transport fuel of a specified description as is attributable to a specified substance, source of energy, method, process or other matter to count towards discharging such an obligation;
(e) provision as to how that proportion is to be determined;
(f) provision for an amount of renewable transport fuel of a specified description to count towards discharging such an obligation only if, or to the extent that, specified conditions are satisfied in relation to its supply, the person by or to whom it was supplied or the place at or for delivery to which it was supplied;
(g) provision for evidence produced by a supplier in relation to any fuel not to count for the purposes of his renewable transport fuel obligation for a period if evidence in relation to the same fuel has previously been produced (whether by him or by another supplier);
(h) provision for evidence produced by a supplier in relation to any fuel not to count for those purposes if, after the supply to which the evidence relates, the fuel is supplied by any person at or for delivery to a place outside the United Kingdom or a specified part of the United Kingdom;
(i) provision about the measurement of amounts of different descriptions of transport fuel;
(j) provision for units of transport fuel of a specified description to count for more or less than the same units of transport fuel of other descriptions;
(k) provision about how measurements in different units of different descriptions of transport fuel are to be aggregated;
(l) provision for the application of presumptions where specified matters are shown.
(3) The provision that may be made by virtue of this section also includes, in particular, provision which—
(a) is made having regard to one or more of the effects mentioned in subsection (4) (whether in the United Kingdom or elsewhere); or
(b) requires regard to be had to one or more such effects.
(4) Those effects are the effects of the production, supply or use of fuel of a particular description on—
(a) carbon emissions;
(b) agriculture;
(c) other economic activities;
(d) sustainable development; or
(e) the environment generally.
(5) If an RTF order makes provision for the counting or determination of amounts of transport fuel for the purposes of provision made by or under this Chapter by reference to any document, it may provide for references to the document to have effect as references to it as revised or re-issued from time to time.
(6) The Secretary of State may give written directions to the Administrator about the exercise of any of the Administrator's functions in connection with the counting or determination of amounts of transport fuel for the purposes of provision made by or under this Chapter.
(7) The power to give directions under subsection (6) includes power to vary or revoke the directions.
(8) The Administrator must comply with any directions given under that subsection.
(1) An RTF order may make provision for the Administrator to issue certificates to transport fuel suppliers (“RTF certificates”).
(2) An RTF certificate is to certify—
(a) that the supplier to whom it is issued has supplied the amount of renewable transport fuel stated in the certificate;
(b) that that amount of such fuel was supplied by him during the period stated in the certificate;
(c) that that amount of such fuel was supplied by him during that period at or for delivery to a place in the United Kingdom or in the part of the United Kingdom stated in the certificate; and
(d) the other specified facts.
(3) Such a certificate may be issued to a supplier only if—
(a) he applies for it in the specified manner;
(b) his application includes evidence of the specified kind and in the specified form; and
(c) the other specified conditions are satisfied.
(4) An RTF order may authorise transfers of RTF certificates (whether for a consideration or otherwise) between persons of specified descriptions.
(5) Such an order may also provide that such a transfer is not to be effective unless—
(a) the specified details of it have been notified to the Administrator in the specified manner and within the specified time; and
(b) the other specified requirements have been complied with.
(6) If a supplier produces an RTF certificate to the Administrator, it is to count for the purposes of section 124(2) as sufficient evidence of the facts certified.
(7) An RTF order may provide that, in specified circumstances, evidence produced by virtue of subsection (6) may count to the specified extent towards the discharge of a renewable transport fuel obligation for a period even if it is produced after the time by which evidence had to be produced for the purposes of that obligation.
(8) Such an order may also provide that, in specified circumstances, evidence produced by virtue of subsection (6) may count to the specified extent towards the discharge of a renewable transport fuel obligation for a period that is later than the period stated in the certificate in question in accordance with subsection (2)(b).
(1) An RTF order may provide that a person who does not wholly discharge his renewable transport fuel obligation for a period by the production of evidence must pay the Administrator the specified sum within the specified period.
(2) The provision that may be made by virtue of subsection (1) includes, in particular, provision—
(a) for the specified sum to increase, in cases where that sum is not paid within a specified period, at the specified rate until it is paid or until the occurrence of a specified event;
(b) for specified amounts to be adjusted from time to time for inflation in the specified manner;
(c) for the repayment of sums in cases where provision made by virtue of section 127(7) applies in relation to a person;
(d) prohibiting the Administrator from taking steps to recover the specified sum or a part of that sum if specified conditions are satisfied.
(3) Provision within subsection (2)(b) may refer, in particular, to a specified index or to other data, including any index or data as modified from time to time after the coming into force of the order.
(4) An RTF order may provide that, in a case in which the amount of payments by virtue of subsection (1) which the Administrator has received by the specified time in respect of renewable transport fuel obligations for any period falls short of the amount due in respect of that period, the persons who—
(a) were subject to renewable transport fuel obligations for that period, and
(b) are of a specified description,
must, within the specified period and in the specified circumstances, each make a payment (or further payment) to the Administrator of an amount calculated in the specified manner.
(5) The provision that may be made by virtue of subsection (4) includes, in particular, provision for the making of adjustments and repayments after a requirement to make payments has already arisen.
(6) Where the Administrator is the Secretary of State—
(a) sums received by the Administrator by virtue of this section must be paid into the Consolidated Fund, and
(b) an RTF order may make provision for sums to be paid by the Administrator to transport fuel suppliers, or to transport fuel suppliers of a specified description, in accordance with the specified system of allocation.
(7) Such an order must contain provision ensuring that the total of the sums so paid by the Administrator does not at any time exceed the total of the sums so received by the Administrator up to that time.
(8) Where the Administrator is a person other than the Secretary of State, an RTF order may—
(a) require the Administrator to use, to the specified extent, sums received by the Administrator by virtue of this section for the purpose of meeting costs incurred in carrying out the Administrator's functions, or
(b) require the Administrator to pay, to the specified extent, sums so received to the Secretary of State.
(9) Sums so received which are not dealt with in accordance with provision made under subsection (8) must be paid by the Administrator to transport fuel suppliers, or to transport fuel suppliers of a specified description, in accordance with the specified system of allocation.
(10) The Secretary of State must pay sums received by the Secretary of State by virtue of provision made under subsection (8)(b) into the Consolidated Fund.
(1) An RTF order may—
(a) designate a provision made by or under this Chapter for the purposes of this section; and
(b) provide that a person is to be liable to a civil penalty if—
(i) he contravenes that provision; and
(ii) any other specified conditions are satisfied.
(2) Where the Administrator is satisfied that a person (the “defaulter”) is so liable, he may give a notice to the defaulter in the specified manner (a “civil penalty notice”) imposing on the defaulter a penalty of such amount as the Administrator considers appropriate.
(3) That penalty must not exceed the lesser of—
(a) the specified amount; and
(b) the amount equal to ten per cent of the turnover, as determined in the specified manner, of the specified business of the defaulter.
(4) The civil penalty notice must—
(a) set out the Administrator’s reasons for deciding that the defaulter is liable to a penalty;
(b) state the amount of the penalty that is being imposed;
(c) set out a date before which the penalty must be paid to the Administrator;
(d) describe how payment may be made;
(e) explain the steps that the defaulter may take if he objects to the penalty; and
(f) set out and explain the powers of the Administrator to enforce the penalty.
(5) The date for the payment of the penalty must not be less than 14 days after the giving of the civil penalty notice.
(6) A penalty imposed by virtue of this section must be paid to the Administrator—
(a) by the date set out in the civil penalty notice by which it is imposed; and
(b) in a manner described in that notice.
(7) Sums received by the Administrator by virtue of this section—
(a) where the Administrator is the Secretary of State, must be paid into the Consolidated Fund, and
(b) otherwise, must be paid to the Secretary of State, who must pay them into the Consolidated Fund.
(1) A person to whom a civil penalty notice is given may give notice to the Administrator that he objects to the penalty on one or both of the following grounds—
(a) that he is not liable to pay it;
(b) that the amount of the penalty is too high.
(2) The notice of objection—
(a) must set out the grounds of the objection and the objector’s reasons for objecting on those grounds; and
(b) must be given to the Administrator in the specified manner and within the specified period after the giving of the civil penalty notice.
(3) The Administrator must consider a notice of objection given in accordance with this section and may then—
(a) cancel the penalty;
(b) reduce it;
(c) increase it; or
(d) confirm it.
(4) The Administrator must not enforce a penalty in respect of which he has received a notice of objection before he has notified the objector of the outcome of his consideration of the objection.
(5) That notification of the outcome of his consideration must be given, in the specified manner—
(a) before the end of the specified period; or
(b) within such longer period as he may agree with the objector.
(6) Where, on consideration of an objection, the Administrator increases the penalty, he must give the objector a new civil penalty notice; and, where he reduces it, the notification mentioned in subsection (5) must set out the reduced amount.
(1) A person to whom a civil penalty notice is given may appeal to the court on one or both of the following grounds—
(a) that he is not liable to pay the penalty;
(b) that the amount of the penalty is too high.
(2) An appeal under this section must be brought within such period after the giving of the civil penalty notice as may be set out in rules of court.
(3) On an appeal under this section, the court may—
(a) allow the appeal and cancel the penalty;
(b) allow the appeal and reduce the penalty; or
(c) dismiss the appeal.
(4) An appeal under this section is to be by way of a rehearing of the Administrator’s decision to impose the penalty.
(5) The matters to which the court may have regard when determining an appeal under this section include all matters that the court considers relevant, including—
(a) matters of which the Administrator was unaware when he made his decision; and
(b) matters which (apart from this subsection) the court would be prevented from having regard to by virtue of rules of court.
(6) An appeal under this section may be brought in relation to a penalty irrespective of whether a notice of objection under section 130 has been given in respect of that penalty or whether there has been an increase or reduction under that section.
(7) In this section “the court” means—
(a) in England and Wales or Northern Ireland, the High Court; and
(b) in Scotland, the Court of Session.
131A Disclosure of information held by Revenue and Customs
(1) This section applies to information held by or on behalf of the Commissioners for Her Majesty's Revenue and Customs in connection with their functions under or by virtue of the Hydrocarbon Oil Duties Act 1979.
(2) Such information may be disclosed to—
(a) the Administrator, or
(b) an authorised person,
for the purposes of or in connection with the Administrator's functions.
(3) In this Chapter “authorised person” means a person who—
(a) provides services to, or exercises functions on behalf of, the Administrator, and
(b) is authorised by the Administrator to receive information to which this section applies.
(4) The Administrator may authorise such a person to receive information to which this section applies either generally or for a specific purpose.
(1) This section applies to information disclosed under section 131A, other than information which is also provided to the Administrator or an authorised person otherwise than under that section.
(2) Information to which this section applies may not be disclosed—
(a) by the Administrator,
(b) by an authorised person, or
(c) by any other person who obtains it in the course of providing services to, or exercising functions on behalf of, the Administrator,
except as permitted by the following provisions of this section.
(3) Subsection (2) does not apply to a disclosure made—
(a) by the Administrator to an authorised person,
(b) by an authorised person to the Administrator, or
(c) by an authorised person to another authorised person,
for the purposes of, or in connection with, the discharge of the Administrator's functions.
(4) Subsection (2) does not apply to a disclosure if it is—
(a) authorised by an enactment,
(b) made in pursuance of an order of a court,
(c) made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom) relating to a matter in respect of which the Administrator has functions,
(d) made for the purposes of civil proceedings (whether or not within the United Kingdom) relating to a matter in respect of which the Administrator has functions,
(e) made with the consent of the Commissioners for Her Majesty's Revenue and Customs, or
(f) made with the consent of each person to whom the information relates.
(1) A person commits an offence if—
(a) he discloses information about a person in contravention of section 131B(2), and
(b) the person's identity is specified in the disclosure or can be deduced from it.
(2) In subsection (1) “information about a person” means revenue and customs information relating to a person within the meaning of section 19(2) of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure).
(3) It is a defence for a person charged with an offence under this section to prove that he reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already and lawfully been made available to the public.
(4) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or
(b) on summary conviction, to imprisonment for a term not exceeding twelve months or a fine not exceeding the statutory maximum or both.
(5) A prosecution for an offence under this section—
(a) may be brought in England and Wales only with the consent of the Director of Public Prosecutions;
(b) may be brought in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland.
(5A) In the application of this section in England and Wales the reference in subsection (4)(b) to twelve months is to be read as a reference to the general limit in a magistrates’ court (or in relation to an offence committed before 2 May 2022, to six months).
(6) In the application of this section—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in Northern Ireland,
the reference in subsection (4)(b) to twelve months is to be read as a reference to six months.
131D Recycled carbon fuel and nuclear-derived fuel
(1) An RTF order may—
(a) designate as recycled carbon fuel a description of liquid or gaseous fuel which is produced wholly from waste derived from a fossil source of energy;
(b) designate as nuclear-derived fuel a description of liquid or gaseous fuel which is produced wholly using, or by a process powered wholly by, nuclear fuel.
(2) Where a designation under subsection (1) is in force, the recycled carbon fuel or nuclear-derived fuel is to be treated for the purposes of this Chapter and any RTF order as renewable transport fuel.
(1) In this Chapter—
“Administrator” means the person for the time being appointed as the Administrator by order under this Chapter;
“authorised person” has the meaning given by section 131A(3);
“biofuel” means liquid or gaseous fuel that is produced wholly from biomass;
“blended biofuel” means liquid or gaseous fuel consisting of a blend of biofuel and fossil fuel;
“civil penalty notice” has the meaning given by section 129(2);
“enactment” includes—
an enactment contained in subordinate legislation,
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
an enactment contained in, or in an instrument made under, Northern Ireland legislation, and
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
“renewable transport fuel” means—
biofuel;
blended biofuel;
any solid, liquid or gaseous fuel (other than fossil fuel or nuclear fuel) which is produced—
wholly by energy from a renewable source; or
wholly by a process powered wholly by such energy; or
any solid, liquid or gaseous fuel which is of a description of fuel designated by an RTF order as renewable transport fuel;
“renewable transport fuel obligation” has the meaning given by section 124(1);
“RTF order” has the meaning given by section 124(3);
“specified” means specified in, or determined in accordance with, an RTF order;
“supply” means, in relation to fuel, the supply of that fuel to any person with a view to its being used (whether by that person or persons to whom it is subsequently supplied) wholly or primarily for transport purposes;
“transport fuel” means—
renewable transport fuel;
fossil fuel; or
any solid, liquid or gaseous fuel that is neither renewable transport fuel nor fossil fuel;
“transport fuel supplier” means a person who, in the course of any business of his, supplies transport fuel at or for delivery to places in the United Kingdom.
(2) For the purposes of this section a process powered by electricity that was generated by energy from a particular source is to be treated as being powered by energy from that source.
(3) For the purposes of this section fuel is used for transport purposes if—
(a) it is used as fuel for one or more of the following—
(i) any mode of transport, including vehicles, vessels, aircraft and trains;
(ii) recreational craft which do not normally operate at sea;
(iii) ... tractors;
(iv) non-road mobile machinery, including inland waterway vessels which do not normally operate at sea; or
(b) it is used for producing fuel that is intended to be so used.
(3A) For the purposes of subsection (3) “sea”—
(a) includes tidal rivers and estuaries;
(b) does not include—
(i) non-tidal rivers and canals where the significant wave height could not be expected to exceed 0.6 metres at any time; and
(ii) lakes and lochs where the significant wave height could not be expected to exceed 1.2 metres at any time.
(4) In this section—
...
“biomass” means the biodegradeable portion of a specified product, waste or residue;
“fossil fuel” has the same meaning as in section 32M of the 1989 Act;
“inland waterway vessel” means an inland waterway vessel, within the meaning given by Article 3(c) of the 2016 Directive, to which that Directive applies (see Article 2 of the 2016 Directive); and in this definition “the 2016 Directive” means Directive EU 2016/1629 of the European Parliament and of the Council of 14 September 2016 laying down technical requirements for inland waterway vessels;
“non-road mobile machinery” means non-road mobile machinery, within the meaning given by Article 3(1) of the 2016 Regulation, which has installed in it an engine within a category set out in paragraph 1 of Article 4 of that Regulation; and in this definition “the 2016 Regulation” means Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery;
“recreational craft” has the meaning given by Article 3(2) of Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft;
“renewable source”, in relation to energy, means any of the following non-fossil sources of energy, namely wind, the sun, aerothermal sources, geothermal sources, water (including hydrothermal sources, waves and tides) and biomass (including landfill gas, sewage treatment plant gas and biogases), where—
“aerothermal” means energy stored in the form of heat in the ambient air;
“geothermal” means energy stored in the form of heat beneath the surface of solid earth; and
“hydrothermal” means energy stored in the form of heat in surface water;
“tractor” has the meaning given by Article 3(8) of Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles.
(1) References in this Chapter to the new trading and transmission arrangements are to new arrangements relating to the trading and transmission of electricity in Great Britain designed—
(a) to promote the creation of a single competitive wholesale electricity trading market, and
(b) to introduce a single set of arrangements for access to and use of any transmission system in Great Britain.
(2) Expressions used in subsection (1) have the same meaning as in Part 1 of the 1989 Act (electricity supply), as amended by section 135.
(1) If the Secretary of State considers it necessary or expedient to do so for the purpose of implementing the new trading and transmission arrangements (whether wholly or partly), he may modify—
(a) the conditions of a particular licence under section 6 of the 1989 Act (licences authorising supply etc.), or
(b) the standard conditions of licences of any of the types of licence mentioned in subsection (1) of that section (generation, transmission, distribution or supply licences).
(2) The power under subsection (1) includes—
(a) power to make modifications relating to the operation of distribution systems, and
(b) power to make incidental, consequential or transitional modifications.
(3) Before making modifications under this section, the Secretary of State shall consult the holder of any licence being modified and such other persons as he considers appropriate.
(4) Subsection (3) may be satisfied by consultation before, as well as by consultation after, the commencement of this section.
(5) The Secretary of State shall publish any modifications under subsection (1) in such manner as he considers appropriate.
(6) Any modification under subsection (1)(a) of part of a standard condition of a licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the 1989 Act.
(7) Where the Secretary of State modifies the standard conditions of licences of any type under subsection (1)(b), GEMA shall—
(a) make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
(b) publish the modifications in such manner as it considers appropriate.
(8) The power under subsection (1) may not be exercised after the end of the period of eighteen months beginning with the day on which that subsection comes into force.
(9) In subsection (2)(a), the reference to distribution systems is to be construed in accordance with section 4(4) of the 1989 Act.
135 Alteration of transmission activities requiring licence
(1) Section 4 of the 1989 Act (prohibition on unlicensed activities in connection with supply of electricity) is amended as follows.
(2) In subsection (1) (which lists the activities prohibited), for paragraph (b) substitute—
(b) participates in the transmission of electricity for that purpose;
.
(3) After subsection (3) insert—
(3A) In subsection (1)(b) above, the reference to a person who participates in the transmission of electricity is to a person who—
(a) co-ordinates, and directs, the flow of electricity onto and over a transmission system by means of which the transmission of electricity takes place, or
(b) makes available for use for the purposes of such a transmission system anything which forms part of it.
(3B) For the purposes of subsection (3A)(b), a person shall not be regarded as making something available just because he consents to its being made available by another.
(4) In subsection (4) (definitions for the purposes of Part 1), for the definition of “transmit” substitute—
“transmission”, in relation to electricity, means transmission by means of a transmission system;
“transmission system” means a system which—
(a) consists (wholly or mainly) of high voltage lines and electrical plant, and
(b) is used for conveying electricity from a generating station to a substation, from one generating station to another or from one substation to another.
(1) In section 6 of the 1989 Act (licences authorising supply etc.), in subsection (1) (kinds of licence which may be granted), for paragraph (b) substitute—
(b) a licence authorising a person to participate in the transmission of electricity for that purpose (“a transmission licence”);
.
(2) After subsection (6) of that section insert—
(6A) A transmission licence may authorise the holder to participate in the transmission of electricity in any area, or only in an area specified in the licence.
(6B) The Authority may, with the consent of the holder of a transmission licence, modify terms included in the licence in pursuance of subsection (6A) above.
(3) In section 7 (licence conditions: general), after subsection (2) insert—
(2A) Without prejudice to the generality of paragraph (a) of subsection (1), conditions included in a transmission licence by virtue of that paragraph may—
(a) require the licence holder not to carry on an activity which he would otherwise be authorised by the licence to carry on, or
(b) restrict where he may carry on an activity which he is authorised by the licence to carry on.
137 New standard conditions for transmission licences
(1) If the Secretary of State considers it necessary or expedient to do so for the purpose of implementing the new trading and transmission arrangements, he may determine new standard conditions in relation to transmission licences.
(2) The Secretary of State shall publish any conditions determined under subsection (1) in such manner as he considers appropriate.
(3) Conditions published in accordance with subsection (2) shall be standard conditions for the purposes of transmission licences, subject to any modifications of the standard conditions for the purposes of licences of that type made—
(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) under Part 1 of the 1989 Act, or
(b) under this Act , ...
(f) under the Energy Act 2013, or
(g) under the Nuclear Energy (Financing) Act 2022,
after the determination under subsection (1).
(4) The standard conditions for the purposes of transmission licences may contain provision—
(a) for any standard condition included in a transmission licence not to have effect until brought into operation in such manner, and in such circumstances, as may be specified in, or determined under, the standard conditions;
(b) for the effect of any standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined;
(c) for any standard condition included in such a licence which is suspended to be brought back into operation in such manner, and in such circumstances, as may be so specified or determined.
(5) In section 8A of the 1989 Act (standard conditions of licences), in subsection (1) (incorporation in future licences of conditions which are standard conditions by virtue of section 33(1) of the Utilities Act 2000 (c. 27)), for the words from “section 6(1)” to “supply licences)” substitute “ section 6(1)(a), (c) or (d) (that is to say, generation licences, distribution licences or supply licences) ”.
(6) In that section, after subsection (1) insert—
(1A) Subject to subsection (2), each condition which by virtue of section 137(3) of the Energy Act 2004 is a standard condition for the purposes of transmission licences shall be incorporated by reference in each transmission licence granted on or after the day on which section 137(6) of that Act comes into force.
(7) The power under subsection (1) may not be exercised—
(a) after the end of the period of eighteen months beginning with the day on which that subsection comes into force, or
(b) on or after the day on which subsections (5) and (6) come into force.
140 Duties to provide information etc. to Secretary of State
(1) If GEMA receives an application for a transmission licence at a time when the power under section 139(1)(b) is exercisable, it shall as soon as practicable send a copy of the application to the Secretary of State.
(2) GEMA shall provide the Secretary of State with all such information as he may require for the purposes of or in connection with the carrying-out of any of his functions under this Chapter.
(3) Each holder of a licence under section 6 of the 1989 Act shall provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the carrying-out of any of his functions under this Chapter.
(4) Section 105(1) of the Utilities Act 2000 (c. 27) (general restrictions on disclosure of information) does not apply to a disclosure made in pursuance of this section.
In this Chapter—
“transmission licence” means a licence under section 6(1)(b) of the 1989 Act;
and references to the new trading and transmission arrangements are to be construed in accordance with section 133.
143 Amendments consequential on Chapter 1 of Part 3
(1) Schedule 19 (which makes amendments consequential on the provisions of this Chapter) has effect.
(2) Where the effect of—
(a) a modification under section 134, or
(b) a scheme under Schedule 17,
is to reduce in any respect the area in which the holder of a transmission licence may carry on activities, Schedule 4 to the 1989 Act shall have effect in relation to him as if any reference to the activities which he is authorised by his licence to carry on included a reference to the activities which he was previously so authorised to carry on.