After section 112 of the Energy Act 2004 (c. 20) (duty to inform Secretary of State) insert—
Power of Secretary of State to require information and documents
112A (1) The Secretary of State may by notice require a person within subsection (2) to provide the Secretary of State with such relevant information or documents as the Secretary of State 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 Secretary of State under section 107(1) or (4), the notice may require the provision of information or documents which the Secretary of State 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 Secretary of State'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.
72 Persons who may be required to submit abandonment programmes
(1) Section 30 of the Petroleum Act 1998 (c. 17) (persons who may be required to submit programmes) is amended as follows.
(2) In subsection (1)—
(a) after paragraph (b) insert—
(ba) a person to whom subsection (5)(a) and (b) applied in relation to the installation, but who—
(i) transferred the right mentioned in that subsection to another person, and
(ii) has not obtained a consent required under the licence in relation to the transfer;
, and
(b) in paragraph (e) for “company” in each place substitute “ body corporate ”.
(3) In subsection (2)(c) for “company” in each place substitute “ body corporate ”.
(4) For subsection (5)(b) substitute—
(b) either—
(i) any activity mentioned in subsection (6) is carried on from, by means of or on the installation, or
(ii) the person intends to carry on an activity mentioned in that subsection from, by means of or on the installation,
.
(5) For subsection (8) substitute—
(8) For the purposes of this section, one body corporate is associated with another if one of them controls the other or a third body corporate controls both of them; and subsections (8A) to (8D) set out the circumstances in which one body corporate (“A”) controls another (“B”).
(8A) Where B is a company, A controls B if A possesses or is entitled to acquire—
(a) one half or more of the issued share capital of B,
(b) such rights as would entitle A to exercise one half or more of the votes exercisable in general meetings of B,
(c) such part of the issued share capital of B as would entitle A to one half or more of the amount distributed if the whole of the income of B were in fact distributed among the shareholders, or
(d) such rights as would, in the event of the winding up of B or in any other circumstances, entitle it to receive one half or more of the assets of B which would then be available for distribution among the shareholders.
(8B) Where B is a limited liability partnership, A controls B if A—
(a) holds a majority of the voting rights in B,
(b) is a member of B and has a right to appoint or remove a majority of other members, or
(c) is a member of B and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in B.
(8C) In subsection (8B)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.
(8D) In any case, A controls B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A's wishes.
(6) In subsection (9)—
(a) for “subsection (8)” substitute “ subsections (8) to (8D) ”, and
(b) for “company” in each place substitute “ body corporate ”.
(7) In section 31 of that Act (notices: supplementary provision), before subsection (1) insert—
(A1) The Secretary of State may not give a notice under section 29(1) in relation to an offshore installation to a person (“P”) who, in relation to the installation, falls within paragraph (b) or (c) of section 30(1), if—
(a) P is not entitled to derive, and never has been entitled to derive, any financial or other benefit from any activity within section 30(6)—
(i) which has been or is carried on (or is intended to be carried on) from, by means of or on the installation, and
(ii) is an activity to which subsection (B1) applies, and
(b) P is not, and never has been, a person within section 30(1)(a), (ba), (d) or (e) in relation to the installation.
(B1) This subsection applies to an activity if—
(a) where the activity is the exploitation or exploration of mineral resources, it relates to an oil field for which the installation is or is to be established or maintained;
(b) where the activity is the conveyance of minerals, the minerals are got, or to be got, from such an oil field;
(c) where the activity is the unloading, storage or recovery of gas, it relates to a controlled place (within the meaning of Chapter 2 or 3 of Part 1 of the Energy Act 2008) for which the installation is or is to be established or maintained;
(d) where the activity is the conveyance of gas being stored or recovered, the storage or recovery of the gas relates to such a controlled place;
(e) where the activity is within section 30(6)(c)—
(i) the installation is in an oil field in respect of which P has an interest, or
(ii) the installation is in a controlled place in respect of which P has a licence under Part 1 of the Energy Act 2008.
(C1) For the purposes of subsection (B1)—
(a) “oil field” means an area which the appropriate authority (within the meaning of paragraph 1(2) of Schedule 1 to the Oil Taxation Act 1975) has determined to be an oil field for the purposes of Part 1 of that Act,
(b) P has an interest in an oil field if P is entitled to derive, or has at any time been entitled to derive, any financial or other benefit from activities within section 30(6) (other than paragraph (c)) carried on in the field.
(D1) The Secretary of State may not give a notice under section 29(1) in relation to an offshore installation to a body corporate if—
(a) the body corporate falls within paragraph (e) of section 30(1) (and no other paragraph of that section), and
(b) the body corporate falls within that paragraph by reason only that it is associated (within the meaning given by section 30(8)) with a person to whom the Secretary of State may not give a notice in relation to the installation by virtue of subsection (A1).
(8) In section 34 of that Act (revision of programmes), after subsection (3) insert—
(3A) A proposal that a person who is or has been within paragraph (b) or (c) of section 30(1) is to have a duty to secure that a programme is carried out may not be made if the Secretary of State would be prevented from giving a notice under section 29(1) to the person by virtue of section 31(A1) if the programme had not already been approved under this section.
(1) Section 38 of the Petroleum Act 1998 (c. 17) (information and notices) is amended as follows.
(2) For subsection (1) substitute—
(1) The Secretary of State may, for a purpose specified in subsection (1A), give a notice to a person within subsection (1B) requiring the person, within a time specified in the notice—
(a) to provide specified information relating to the person's financial affairs;
(b) to supply copies of specified documents, or documents of a specified description, relating to those affairs.
(1A) Those purposes are—
(a) determining whether to give a notice under section 29 to a person in respect of an installation or pipeline;
(b) determining whether to make a proposal under section 34(1) to impose a duty on a person under section 36;
(c) where a person has made such a proposal, determining whether to impose the duty on the person proposed.
(1B) A person falls within this subsection if—
(a) a notice under section 29(1) may be given to the person,
(b) the person falls within section 34(2)(a) or (b) and the Secretary of State is considering proposing, in accordance with section 34(1)(b), that the person should have a duty under section 36, or
(c) the person falls within section 34(2)(a) or (b) and the Secretary of State is considering whether to impose a duty on the person under section 36 in accordance with a proposal made under section 34(1)(b).
(3) In subsection (2)—
(a) for the words from “who has” to “that duty” substitute “ falling within subsection (2A) will be capable of carrying out any abandonment programme which has been submitted (whether or not it is approved) or may be submitted in relation to an installation or pipeline ”, and
(b) in paragraph (a) after “information” insert “ (which may relate to the estimated costs of abandonment of the installation or pipeline or to any other financial or other matter) ”.
(4) After that subsection insert—
(2A) A person falls within this subsection if—
(a) a notice under section 29(1) has been given to the person, or
(b) the person has a duty under section 36 to secure that an abandonment programme is carried out.
(5) For subsection (4) substitute—
(4) The Secretary of State may, after consulting the Treasury, give written notice to a person to whom subsection (4A) applies, requiring the person to take such action as may be specified in the notice within such time as may be so specified.
(4A) This subsection applies to a person if—
(a) the person falls within subsection (2A), and
(b) the Secretary of State is not satisfied that the person will be capable of carrying out any duty which has been, or is likely to be, imposed on the person by section 36.
(6) After subsection (6) add—
(7) It is an offence for a person to disclose information obtained by virtue of a notice under subsection (1) or (2) 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 Secretary of State's functions under this Part, Chapter 3 of Part 2 of the Energy Act 2004 or Part 1 of the Energy Act 2008, or
(c) is required by or under an enactment.
(1) After section 38 of the Petroleum Act 1998 (c. 17) insert—
Protection of funds set aside for the purposes of abandonment programme
38A (1) This section applies where any security for the performance of obligations under an approved abandonment programme has been provided by a person (“the security provider”) by way of a trust or other arrangements.
(2) Subsection (1) applies whether the security is provided before or after the programme is approved.
(3) In this section a reference to “the protected assets” is a reference to the security and any property or rights in which it consists.
(4) In this section “security” includes—
(a) a charge over a bank account or any other asset;
(b) a deposit of money;
(c) a performance bond or guarantee;
(d) an insurance policy;
(e) a letter of credit.
(5) The manner in which, and purposes for which, the protected assets are to be applied and enforceable (whether in the event of the security provider's insolvency or otherwise) is to be determined in accordance with the trust or other arrangements.
(6) For the purposes of subsection (5), no regard is to be had to so much of the Insolvency Act 1986, the Insolvency (Northern Ireland) Order 1989 or any other enactment or rule of law as, in its operation in relation to the security provider or any conduct of the security provider, would—
(a) prevent or restrict the protected assets from being applied in accordance with the trust or other arrangement, or
(b) prevent or restrict their enforcement for the purposes of being so applied.
(7) In subsection (6) “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament or Northern Ireland legislation.
Directions to provide information about protected assets
38B (1) The Secretary of State may direct a security provider to publish specified information about the protected assets.
(2) A direction under this section may specify—
(a) the time when the information must be published, and
(b) the manner of publication.
(3) If a security provider fails to comply with a direction, the Secretary of State, or a creditor of the security provider, may make an application to the court under this section.
(4) If, on an application under this section, the court decides that the security provider has failed to comply with the direction, it may order the security provider to take such steps as the court directs for securing that the direction is complied with.
(5) In this section—
“court”—
in relation to an application in England and Wales or Northern Ireland, means the High Court, and
in relation to an application in Scotland, means the Court of Session;
“security provider” means a person who has provided security in relation to which section 38A applies;
“the protected assets”, in relation to a security provider, means the security, and any property or rights in which it consists.
(2) This section has effect in relation to a trust or other arrangements established on or after 1st December 2007.
(1) In Part 5 of the Petroleum Act 1998 (c. 17), before section 46 (Northern Ireland and Isle of Man shares of petroleum revenue) insert—
Abandoned wells
45A (1) This section applies in relation to a person who has drilled, or commenced drilling, a well in pursuance of a petroleum licence or a licence under section 4 of the Energy Act 2008 (gas storage and unloading licences).
(2) The Secretary of State may give a notice requiring the person—
(a) to provide specified information relating to the person's financial affairs, or
(b) to supply copies of specified documents, or documents of a specified description, relating to those affairs.
(3) A notice under subsection (2) must specify the time within which the information or documents must be provided.
(4) Subsection (5) applies if—
(a) the person fails to provide information or documents required by such a notice within the period specified in the notice, or
(b) on receiving information or documents required by a notice under subsection (2) the Secretary of State is not satisfied that the person will be capable of plugging and abandoning the well.
(5) Where this subsection applies the Secretary of State may give the person a notice, after consulting the Treasury, requiring the person to take the action specified in the notice within the time so specified.
(6) The Secretary of State may not give a notice to a person under subsection (5) without first giving the person an opportunity to make written representations as to whether the notice should be given.
(7) It is an offence for a person to fail to comply with a notice under subsection (2) or (5) unless it is proved that the person exercised due diligence to avoid the failure.
(8) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
(9) Section 41 (other than subsection (5)) applies in relation to prosecutions for offences under this section as it applies in relation to prosecutions for offences under Part 4.
(10) In this section—
“petroleum licence” means a licence under section 2 of the Petroleum (Production) Act 1934 or section 3 above;
“well” includes a borehole.
(2) This section applies in relation to any well the drilling of which commences on or after the date on which this section comes into force.
76 Transfers without the consent of the Secretary of State
After section 5 of the Petroleum Act 1998 (c. 17) (existing licences) insert—
Rights transferred without the consent of Secretary of State
5A (1) This section applies if—
(a) a person is (or two or more persons are) the licensee in respect of a licence under section 2 of the Petroleum (Production) Act 1934 or section 3 above (“the transferor”),
(b) the transferor transfers a right granted by the licence, or derived from a right so granted, to another person (“the transferee”) after commencement in circumstances where the consent of the Secretary of State is required for the transfer, and
(c) that consent is not obtained.
(2) The Secretary of State may, by notice given to the transferor and the transferee, direct that the right is to revert to the transferor from a date specified in the notice.
(3) The date specified must not be earlier than the date on which the notice is given.
(4) Before giving a notice to a person under subsection (2), the Secretary of State must—
(a) notify the person of the proposal to give the notice, and
(b) give the person a reasonable period within which to make written representations.
(5) The Secretary of State may not give a notice under subsection (2) after the end of the period of 3 months beginning with the date on which the Secretary of State learns of the transfer.
(6) In this section—
“commencement” means the time when this section comes into force;
“transfer” does not include a transfer by way of security for a loan.
Information
5B (1) The Commissioners for Her Majesty's Revenue and Customs may disclose to the Secretary of State information relating to the transfer of a right granted by a licence under section 2 of the Petroleum (Production) Act 1934 or section 3 above, or derived from a right so granted, for the purpose of enabling the Secretary of State to determine whether a transfer to which section 5A applies has taken place.
(2) This section applies despite any statutory or other restriction on the disclosure of information.
(3) Information disclosed under this section must not be further disclosed except—
(a) for the purpose mentioned in subsection (1), with the consent (which may be general or specific) of the Commissioners,
(b) in pursuance of an order of a court, or
(c) with the consent of each person to whom the information relates.
(4) A person who discloses information contrary to subsection (3) commits an offence if the identity of the person to whom the information relates—
(a) is specified in the disclosure, or
(b) can be deduced from it.
(5) It is a defence for a person charged with an offence under this section to prove that the person reasonably believed that—
(a) the disclosure was lawful, or
(b) the information had already and lawfully been made available to the public.
(6) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or both, and
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
Offences under section 5B: supplemental
5C (1) No proceedings for an offence under section 5B may be instituted in England and Wales except—
(a) by the Director of Revenue and Customs Prosecutions, or
(b) with the consent of the Director of Public Prosecutions.
(2) No proceedings for an offence under section 5B may be instituted in Northern Ireland except—
(a) by the Commissioners for Her Majesty's Revenue and Customs, or
(b) with the consent of the Director of Public Prosecutions for Northern Ireland.
(3) In the application of section 5B to Northern Ireland the reference in section 5B(6)(a) to 12 months is to be read as a reference to 6 months.
(4) In the application of section 5B to England and Wales in relation to an offence committed before the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (short sentences) the reference in section 5B(6)(a) to 12 months is to be read as a reference to 6 months.
(1) Schedule 3 amends the model clauses contained in the instruments specified in that Schedule.
(2) Where a licence granted under the Petroleum (Production) Act 1934 (c. 36) or the Petroleum Act 1998 (c. 17), and in force immediately before commencement, incorporates model clauses amended by a paragraph of Schedule 3, the licence has effect with the amendments provided for by that paragraph of that Schedule.
(3) The reference in subsection (2) to model clauses includes model clauses subject to any amendment or modification or with the omission of any model clause.
(4) Where an amendment made by a paragraph of Schedule 3 confers a power to give a notice requiring the plugging and abandonment of a well, the power may not be exercised in relation to a well the drilling of which began before commencement.
(5) Where an amendment made by a paragraph of Schedule 3 confers a power of revocation or partial revocation of a licence, that power may not be exercised by reason of an event which takes place before commencement.
(6) A reference in any document to provisions of a licence which are amended by Schedule 3 is to be construed, unless the nature of the document or the context otherwise requires, as a reference to those provisions as amended.
(7) A provision inserted in a licence by virtue of Schedule 3 may be altered or deleted by deed executed by the Secretary of State and the licensee or, as respects Scotland, by an instrument subscribed or authenticated by the Secretary of State and the licensee in accordance with the Requirements of Writing (Scotland) Act 1995 (c. 7).
(8) In this section “commencement”, in relation to a paragraph of Schedule 3, means the time when that paragraph comes into force.
(1) In section 66(1) of the Pipe-lines Act 1962 (c. 58) (interpretation)—
(a) in the definition of “gas processing operation”, omit “and” after paragraph (b) and after paragraph (c) insert—
(d) separating, purifying, blending, odorising or compressing gas, for the purpose of—
(i) converting it into a form in which a purchaser is willing to accept delivery from a seller, or
(ii) enabling it to be loaded for conveyance to another place (whether inside or outside Great Britain); and
(e) loading gas—
(i) at a facility which carries out operations of a kind mentioned in paragraph (d), or
(ii) piped from such a facility,
for the purpose of enabling the gas to be conveyed to another place (whether inside or outside Great Britain);
,
(b) in the definition of “terminal”, omit “and” after paragraph (b) and after paragraph (c) insert
; and
(d) oil processing facilities (within the meaning given by section 81(8) of the Energy Act 2008);
, and
(c) in the definition of “upstream petroleum pipe-line” after paragraph (c) insert— “ including all apparatus, works and services associated with the operation of such a pipe-line or network. ”
(2) In section 12 of the Gas Act 1995 (c. 45) (rights to use gas processing facilities)—
(a) in subsection (6), in the definition of “gas processing operation”, omit “and” at the end of paragraph (b) and after paragraph (c) insert—
(d) separating, purifying, blending, odorising or compressing gas for the purpose of—
(i) converting it into a form in which a purchaser is willing to accept delivery from a seller, or
(ii) enabling it to be loaded for conveyance to another place (whether inside or outside Great Britain); and
(e) loading gas—
(i) at a facility which carries out operations of a kind mentioned in paragraph (d), or
(ii) piped from such a facility,
for the purpose of enabling the gas to be conveyed to another place (whether inside or outside Great Britain);
, and
(b) for subsection (7) substitute—
(7) For the purposes of this section “associate”, in relation to the owner of a gas processing facility, is to be construed in accordance with section 82 of the Energy Act 2008 (and for this purpose the reference in subsection (1) of that section to the owner of an oil processing facility is to be read as a reference to the owner of a gas processing facility).
(3) In section 26 of the Petroleum Act 1998 (c. 17) (meaning of “pipeline”)—
(a) in subsection (1) for “any apparatus and works associated with such a pipe or system” substitute “ all apparatus, works and services associated with the operation of such a pipe or system ”, and
(b) omit subsection (2).
(4) In section 28 of that Act (interpretation of Part 3)—
(a) in the definition of “gas processing operation”, omit “and” after paragraph (b) and after paragraph (c) insert—
(d) separating, purifying, blending, odorising or compressing gas, for the purpose of—
(i) converting it into a form in which a purchaser is willing to accept delivery from a seller, or
(ii) enabling it to be loaded for conveyance to another place (whether inside or outside Great Britain); and
(e) loading gas—
(i) at a facility which carries out operations of a kind mentioned in paragraph (d), or
(ii) piped from such a facility,
for the purpose of enabling the gas to be conveyed to another place (whether inside or outside Great Britain);
,
(b) after the definition of “notice” insert—
“oil processing facility” means any facility in Great Britain, the territorial sea adjacent to the United Kingdom or the sea in any area designated under section 1(7) of the Continental Shelf Act 1964 which carries out oil processing operations;
“oil processing operations” means any of the following operations—
(a) initial blending and such other treatment of petroleum as may be required to produce stabilised crude oil and other hydrocarbon liquids to the point at which a seller could reasonably make a delivery to a purchaser of such oil and liquids;
(b) receiving stabilised crude oil and other hydrocarbon liquids piped from an oil processing facility carrying out operations of a kind mentioned in paragraph (a), or storing oil or other hydrocarbon liquids so received, prior to their conveyance to another place (whether inside or outside Great Britain);
(c) loading stabilised crude oil and other hydrocarbon liquids piped from a facility carrying out operations of a kind mentioned in paragraph (a) or (b) for conveyance to another place (whether inside or outside Great Britain);
, and
(c) in the definition of “terminal”, after paragraph (a) insert—
(aa) oil processing facilities;
.
(1) The Pipe-lines Act 1962 (c. 58) is amended as follows.
(2) After section 10F (reducing necessity for constructing additional pipelines) insert—
Compulsory modifications of pipe-lines
10G (1) In the case of an upstream petroleum pipe-line, the Secretary of State may, on the application of a person other than the owner, give a notice (a “pipe-line modification notice”) to the applicant and the owner.
(2) The Secretary of State may give a pipe-line modification notice only if the Secretary of State is satisfied—
(a) that the capacity of the pipe-line can and should be increased by modifying the apparatus and works associated with the pipe-line, or
(b) that the pipe-line can and should be modified by installing in it a junction through which another pipe-line may be connected to the pipe-line.
(3) A pipe-line modification notice must—
(a) specify the modifications which the Secretary of State thinks should be made,
(b) specify the sums, or the method of determining the sums, which the Secretary of State thinks should be paid to the owner by the applicant for the purpose of defraying the cost of the modifications,
(c) require the applicant to make such arrangements as the Secretary of State thinks appropriate to secure that those sums will be paid to the owner if the owner carries out the modifications or satisfies the Secretary of State that they will be carried out,
(d) specify the period within which the applicant must make the arrangements mentioned in paragraph (c),
(e) require the owner, if the applicant makes the arrangements mentioned in paragraph (c) within the period specified under paragraph (d), to carry out the modifications within a period specified in the notice, and
(f) authorise the owner to recover the sums mentioned in paragraph (b) from the applicant if the works are carried out or the Secretary of State is satisfied that they will be carried out.
(4) Before giving a pipe-line modification notice, the Secretary of State must give the owner of the pipe-line an opportunity to be heard.
(5) References in this section to modifications include, in the case of apparatus and works, references to changes in, substitutions for and additions to the apparatus and works.
(6) This section does not apply in relation to a pipe-line if and to the extent that section 14 of the Petroleum Act 1998 applies in relation to it.
Enforcement
10H (1) It is an offence for the owner of a pipe-line to contravene any provision of a pipe-line modification notice under section 10G in respect of the pipe-line.
(2) A person guilty of the offence is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, and
(b) on conviction on indictment, to a fine.
(3) It is a defence, in any proceedings for the offence, to prove that the accused exercised due diligence to comply with the provisions of the pipe-line modification notice.
(4) Proceedings for the offence may not be instituted in England and Wales except—
(a) by the Secretary of State or by a person authorised to do so by the Secretary of State, or
(b) by or with the consent of the Director of Public Prosecutions.
(5) Where the 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 neglect on the part of, an officer of the body corporate, that officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and dealt with accordingly.
(6) Where the affairs of a body corporate are managed by its members, subsection (5) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of the body corporate.
(7) In this section “officer”, in relation to a body corporate, means—
(a) any director, secretary or other similar officer of the body corporate, or
(b) any person who was purporting to act in any such capacity.
(3) In section 10E (third party access to upstream petroleum pipelines), in subsection (1) after “pipe-lines” insert “ (but does not apply to a pipe-line if and to the extent that section 14 of the Petroleum Act 1998 applies in relation to it) ”.
(4) In section 10F (supplemental provision relating to third party access), after subsection (4) add—
(5) Before giving a notice under section 10G(1), the Secretary of State must give the person who applied for that notice—
(a) particulars of the modifications which it is proposed to specify in the notice, and
(b) an opportunity to make applications under section 10E in respect of the pipeline;
and section 10E and subsections (1) to (4) of this section have effect for this purpose as if references to a pipe-line were references to the pipe-line as it would be with those modifications.
82A Restriction of works detrimental to navigation
(1) A person must not, without the written consent of the Secretary of State, carry out in the regulated zone (see section 82Q) any operation to which this subsection applies (see subsections (2) and (3)).
(2) Subsection (1) does not apply to an operation if a marine licence under Part 4 of the Marine and Coastal Access Act 2009 is needed to carry out the operation.
(3) Subject to that, subsection (1) applies to an operation if—
(a) it causes, or is likely to result in, obstruction or danger to navigation (whether while the operation is being carried out or subsequently),
(b) it is of a description falling within subsection (4), and
(c) it may be carried out only with a permission falling within subsection (5).
(4) The descriptions of operations are—
(a) the construction, alteration, improvement, dismantlement or abandonment of any works;
(b) the deposit of any object or materials;
(c) the removal of any object or materials.
(5) The permissions are—
(a) a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934,
(b) a licence under section 4 or 18 of this Act (gas storage and gas unloading, and carbon capture and storage licences),
(c) a works authorisation under Part 3 of the Petroleum Act 1998 (construction etc of submarine pipelines),
and see also subsection (6).
(6) For the purposes of this Part, the operations which may be carried out only with a permission falling within subsection (5) include operations which, by virtue of a permission falling within paragraph (a) or (b) of that subsection, may be carried out only with the consent of the Secretary of State or another person.
(7) In the case of an authorised exploration or exploitation operation (see subsection (8))—
(a) the reference in subsection (3) to an operation being likely to result in obstruction or danger to navigation,includes
(b) a reference to the operation being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.
(8) In this Part “ authorised exploration or exploitation operation ” means any operation—
(a) which is of a description falling within subsection (4)(a), and
(b) which may be carried out only with a permission falling within subsection (5).
(1) The Secretary of State may, as a condition of considering an application for consent under section 82A, require to be furnished with such plans and particulars of the proposed operation as the Secretary of State may consider necessary.
(2) On receipt of any such application, the Secretary of State may cause to be published notice of—
(a) the application, and
(b) the time within which, and the manner in which, objections to the application may be made.
(3) Any such notice is to be published in such a manner as to be likely to come to the attention of those likely to be interested in, or affected by, the application.
(4) The Secretary of State may cause an inquiry to be held in connection with the determination of an application for consent.
82C Determination of applications for consent under section 82A
(1) If the Secretary of State is of the opinion that any operation in respect of which an application is made for consent under section 82A will cause, or is likely to result in, obstruction or danger to navigation, subsection (2) applies.
(2) In any such case, the Secretary of State must either—
(a) refuse to give consent, or
(b) give consent subject to such conditions as the Secretary of State considers appropriate.
(3) In exercising functions under subsection (2), the Secretary of State must have regard to the nature and extent of the obstruction or danger which it appears to the Secretary of State would otherwise be caused or be likely to result.
(4) In the case of an authorised exploration or exploitation operation—
(a) any reference in subsection (1) or (3) to an operation being likely to result in obstruction or danger to navigation,includes
(b) a reference to the operation being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.
(5) A consent of the Secretary of State under section 82A may be given so as to continue in force, unless renewed, only if the operation for which the consent is given is begun or completed within such period as may be specified in the consent.
(6) Subsection (5) applies in relation to the renewal of a consent as it applies in relation to the giving of consent.
82D Authorised exploration or exploitation operations: consent conditions
(1) This section applies where the Secretary of State has given consent for an authorised exploration or exploitation operation, but subject to a condition (a “consent condition”).
(2) A consent condition shall either—
(a) remain in force for a specified period, or
(b) remain in force without limit of time,
but this is subject to subsection (5).
(3) A consent condition, in addition to binding the person to whom the consent is given, also binds, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of, the works in question.
(4) Where—
(a) a consent condition relates to the taking of navigational precautions, and
(b) the Secretary of State considers it appropriate to vary the condition in the interests of the safety of navigation (whether or not the operation has been completed),
the Secretary of State may vary the condition for the purpose of enhancing the effectiveness of the aids to navigation which are to be provided or the other measures which are to be taken.
(5) The Secretary of State may revoke any consent condition.
(6) In this section “ taking of navigational precautions ” means any of the following—
(a) the provision of any lights, signals or other aids to navigation;
(b) the stationing of guard ships in the vicinity of the works in question;
(c) the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works.
(1) This section applies if—
(a) the person to whom a consent under section 82A is given fails to comply with any provision of the consent, or
(b) a person who, by virtue of section 82D(3), is bound by a consent condition fails to comply with the condition.
(2) The Secretary of State may direct that person (the “defaulter”) to take steps which the Secretary of State considers necessary or appropriate to comply with the provision or condition within a period specified in the direction.
(3) The Secretary of State must consult the defaulter before giving a direction under subsection (2).
(4) If the defaulter fails to comply with a direction under subsection (2), the Secretary of State may—
(a) comply with the direction on behalf of the defaulter, or
(b) make arrangements for another person to do so.
(5) A person taking action by virtue of subsection (4) may—
(a) do anything which the defaulter could have done, and
(b) recover from the defaulter any reasonable costs incurred in taking the action.
(6) A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment.
(7) The rate of interest payable in accordance with subsection (6) is a rate determined by the Secretary of State as comparable with commercial rates.
(8) The defaulter must provide a person taking action by virtue of subsection (4) with such assistance as the Secretary of State may direct.
(9) The power to give a direction under this section is without prejudice to any provision made—
(a) in the consent, with regard to the enforcement of any of its provisions, or
(b) in the condition, with regard to the enforcement of the condition.
82F Damage to, or changes in, the works: emergency safety notices
(1) This section applies in any case where—
(a) the Secretary of State has given consent (“the relevant consent”) for an authorised exploration or exploitation operation, and
(b) at any time after the giving of that consent, the condition in subsection (2) is met.
(2) The condition is that it appears to the Secretary of State that any danger to navigation has arisen by reason of—
(a) any substantial damage to any works to which the relevant consent relates, or
(b) any other substantial and unforeseen change in the state or position of any such works.
(3) If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “emergency safety notice”) on the consent holder.
(4) By serving an emergency safety notice on the consent holder, the Secretary of State imposes on the consent holder such requirements as are prescribed in the notice with respect to any of the matters specified in subsection (5).
(5) Those matters are—
(a) the provision on, or in the vicinity of, the works in question of any lights, signals or other aids to navigation, and
(b) the stationing of guard ships in the vicinity of those works.
(6) An emergency safety notice may be served by the Secretary of State whether or not—
(a) the operation in question has been completed, or
(b) any condition was imposed by the Secretary of State, on giving the relevant consent, with respect to any of the matters referred to in subsection (5).
(1) If the consent holder fails to comply with an emergency safety notice within the time allowed, the Secretary of State may—
(a) comply with the notice on behalf of the consent holder, or
(b) make arrangements for another person to do so.
(2) For the purposes of subsection (1) “the time allowed” is the period of 24 hours beginning with the time when the emergency safety notice is served on the consent holder or as soon after the end of that period as is reasonably practicable.
(3) A person taking action by virtue of subsection (1) may—
(a) do anything which the consent holder could have done, and
(b) recover any reasonable costs incurred in taking the action from such one or more persons falling within subsection (4) as the Secretary of State considers appropriate.
(4) The persons are—
(a) the consent holder;
(b) any other person or persons bound by a consent condition by virtue of section 82D(3).
(5) A person (“P”) liable to pay any sum by virtue of subsection (3)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (1) notified P of the sum payable and ending with the date of payment.
(6) The rate of interest payable in accordance with subsection (5) is a rate determined by the Secretary of State as comparable with commercial rates.
(7) Once an emergency safety notice has been complied with (whether by the consent holder or otherwise)—
(a) the requirements of the notice are, subject to subsection (8), to be treated for the purposes of this Part as conditions subject to which the consent was given, but
(b) section 82D(2) and (5) are not to apply in the case of those requirements.
(8) If it appears to the Secretary of State (whether on the application of any person or otherwise) that the circumstances giving rise to the urgent necessity for the imposition of the requirements no longer exist, the Secretary of State must revoke the requirements by notice served on the consent holder.
(9) Where the Secretary of State has served an emergency safety notice in respect of any particular circumstances, subsection (7) does not preclude the Secretary of State from serving a further such notice in respect of those circumstances.
82H Failure to comply with condition: immediate action notice
(1) This section applies where—
(a) a consent under section 82A(1) has been given subject to conditions,
(b) a person falling within subsection (2) fails to comply with a condition, and
(c) it appears to the Secretary of State that any danger to navigation has arisen by reason of the failure to comply with the condition.
(2) The persons are—
(a) the consent holder;
(b) any person bound by the condition by virtue of section 82D(3).
(3) If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “immediate action notice”) on the person, imposing on the person one or more specified requirements falling within subsection (4).
(4) The requirements are—
(a) a requirement to comply with the condition;
(b) a requirement to take any specified action or actions to remedy the failure to comply with the condition.
(5) Subsections (1) to (6) of section 82G apply in relation to a person and an immediate action notice as they apply in relation to the consent holder and an emergency safety notice.
(6) In this section “ specified ” means specified in the immediate action notice.
(1) It is an offence for a person—
(a) to carry out an operation to which subsection (1) of section 82A applies without the written consent of the Secretary of State under that subsection, or
(b) to fail to comply with a condition of such a consent.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding £50,000a fine, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
(1) It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain the consent of the Secretary of State under section 82A(1).
(2) It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for the consent of the Secretary of State under section 82A(1).
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to a fine.
82K Failure to comply with direction under section 82E
(1) It is an offence for a person to fail to comply with a direction under section 82E, unless the person proves that due diligence was exercised in order to avoid the failure.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding £50,000a fine, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
82L Failure to comply with notice under section 82F or 82H
(1) It is an offence for a person to fail to comply with—
(a) an emergency safety notice, or
(b) an immediate action notice,
within the time allowed (within the meaning of section 82G(1)).
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding £50,000a fine, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
82M Injunctions restraining breaches of section 82A(1)
(1) Where the Secretary of State considers it necessary or expedient to restrain any actual or apprehended breach of section 82A(1), the Secretary of State may apply to the court for an injunction or, in Scotland, an interdict.
(2) An application may be made whether or not the Secretary of State has exercised, or is proposing to exercise, any of the other powers under this Part.
(3) On an application under subsection (1), the court may grant such an injunction or interdict as the court considers appropriate for the purpose of restraining the breach.
(4) Rules of court may provide for an injunction or interdict to be issued against a person whose identity is unknown.
(5) In this section “ the court ” means—
(a) the High Court, or
(b) in Scotland, the Court of Session.
(1) The Secretary of State may appoint persons to act as inspectors to assist in carrying out the functions of the Secretary of State under this Part.
(2) The Secretary of State may make payments, by way of remuneration or otherwise, to inspectors appointed under this section.
(3) The Secretary of State may make regulations about—
(a) the powers and duties of inspectors appointed under this section;
(b) the powers and duties of any other person acting on the directions of the Secretary of State in connection with a function under this Part;
(c) the facilities and assistance to be accorded to persons mentioned in paragraph (a) or (b).
(4) The powers conferred by virtue of subsection (3) may include powers of a kind specified in section 108(4) of the Environment Act 1995 (powers of entry, investigation, etc ).
(5) Any regulations under this section may provide for the creation of offences which are punishable—
(a) on summary conviction, by a fine not exceeding the statutory maximum or such lesser amount as is specified in the regulations, and
(b) on conviction on indictment, by a fine.
(1) Proceedings for a relevant 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.
(2) Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) does not apply to any proceedings for a relevant offence.
(3) In this section “ relevant offence ” means—
(a) an offence under this Part, or
(b) an offence created by regulations under section 82N.
(1) The Secretary of State may charge fees in connection with carrying out functions under this Part.
(2) The fees are to be determined by or in accordance with regulations made by the Secretary of State.
(3) The regulations may authorise the fees to be determined by or in accordance with a scheme made by the Secretary of State.
(1) The Secretary of State may by order provide that specified provisions of this Part are to apply, subject to any specified modifications, in relation to the carrying out of specified operations, or operations of a specified description, in the Scottish inshore region.
(2) The operations must be operations—
(a) which either fall within section 82A(4) or are carried on in the course of taking installation abandonment measures (or both),
(b) which cause, or are likely to result in, obstruction or danger to navigation (whether while the operation is being carried out or subsequently), and
(c) which the Scottish Ministers do not have power to control or regulate for the purpose of preventing such obstruction or danger.
(3) The reference in subsection (1) to “ the Scottish inshore region ” includes a reference to—
(a) the shore adjoining that region, and
(b) any land in Scotland adjoining or adjacent to that shore.
(4) If an order under this section makes provision in relation to the carrying out of an operation in the course of taking installation abandonment measures—
(a) section 82A(3)(c) does not apply in relation to the operation, but
(b) paragraph (a) is subject to any different modification or other provision to the contrary made by an order under this section.
(5) For the purposes of this section “installation abandonment measures” are any measures taken in connection with the abandonment of—
(a) an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998, or
(b) a carbon storage installation, within the meaning of section 30 of this Act,
whether or not the measures are taken in pursuance of an abandonment programme.
(6) In subsection (5) “ abandonment programme ” means—
(a) an abandonment programme under Part 4 of the Petroleum Act 1998;
(b) an abandonment programme under that Part, as it applies by virtue of section 30 of this Act.
(7) In this section “ specified ” means specified in the order.
In this Part—
“ authorised exploration or exploitation operation ” has the meaning given by section 82A(8);
“ consent holder ” means the person to whom a consent under section 82A is given;
“ emergency safety notice ” is to be read in accordance with section 82F(3);
“ immediate action notice ” is to be read in accordance with section 82H(3);
“ regulated zone ” means the area that consists of—
the area of sea within the seaward limits of the territorial sea, other than the Scottish inshore region, and
the area of sea within the limits of the UK sector of the continental shelf,
and includes the bed and subsoil of the sea within those areas, the shore adjoining, and any land adjoining or adjacent to that shore, but does not include any land in Scotland;
“ Scottish inshore region ” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act);
“ sea ” includes—
any tidal waters; and
any land covered with water at mean high water spring tide;
“ UK sector of the continental shelf ” means the areas for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964.
83 Duties of the Gas and Electricity Markets Authority
(1) In section 4AA of the Gas Act 1986 (c. 44) (duties of the Gas and Electricity Markets Authority)—
(a) in subsection (1) after “interests of” insert “ existing and future ”,
(b) after subsection (2)(b) insert
; and
(c) the need to contribute to the achievement of sustainable development.
,
(c) omit subsection (5)(ba), and
(d) in subsection (6) for “this section “consumers” includes” substitute “ subsections (3) and (4) references to consumers include ”.
(2) In section 3A of the Electricity Act 1989 (c. 29) (duties of the Gas and Electricity Markets Authority)—
(a) in subsection (1) after “interests of” insert “ existing and future ”,
(b) after subsection (2)(b) insert
; and
(c) the need to contribute to the achievement of sustainable development.
,
(c) omit subsection (5)(ba), and
(d) in subsection (6) for “this section “consumers” includes” substitute “ subsections (3) and (4) references to consumers include ”.
84 Power to amend licence conditions etc: transmission systems
(1) The Secretary of State may modify—
(a) a condition of a particular licence under section 6(1)(a) to (d) of the Electricity Act 1989 (generation, transmission, distribution and supply licences);
(b) the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act;
(c) a document maintained in accordance with the conditions of licences under section 6(1)(a) to (d) of that Act, or an agreement that gives effect to a document so maintained.
(2) The Secretary of State may exercise the power conferred by subsection (1) for the purpose only of facilitating—
(a) access to a transmission system in Great Britain or offshore waters;
(b) efficient use of a transmission system in Great Britain or offshore waters.
(3) The power conferred by subsection (1)—
(a) may be exercised to make different provision in relation to different classes of customer;
(b) may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);
(c) may be exercised differently in different cases or circumstances;
(d) includes a power to make incidental, supplementary, consequential or transitional modifications.
(4) The power conferred by subsection (1) may not be exercised after the end of the period of 2 years beginning with the day on which that subsection comes into force.
(5) Provision included in a licence by virtue of that power—
(a) need not relate to the activities authorised by the licence;
(b) may do any of the things authorised by section 7(2) to (4) of the Electricity Act 1989 (c. 29) (which apply to the Gas and Electricity Markets Authority's power with respect to licence conditions under section 7(1)(a)).
(6) In this section—
“offshore waters” means—
waters in or adjacent to Great Britain which are between the low water mark and the seaward limits of the territorial sea, and
waters within an area designated under section 1(7) of the Continental Shelf Act 1964 (c. 29);
“transmission system” has the meaning given by section 4(4) of the Electricity Act 1989.
(1) Before making a modification, the Secretary of State must consult—
(a) the holder of any licence being modified,
(b) the Gas and Electricity Markets Authority, and
(c) such other persons as the Secretary of State considers appropriate.
(2) Subsection (1) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
(3) The Secretary of State must publish details of any modifications as soon as reasonably practicable after they are made.
(4) In this section “modification” means a modification under section 84.
(1) A modification under section 84 of part of a standard condition of a licence does 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 Electricity Act 1989 (c. 29).
(2) Where the Secretary of State makes modifications under section 84(1)(b) of the standard conditions of a licence of any type, the Gas and Electricity Markets Authority must—
(a) make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
(b) publish the modification.
(3) The Secretary of State may by order make such modifications of provisions made by or under an Act or an Act of the Scottish Parliament (whenever passed or made) as the Secretary of State considers appropriate in consequence of provision made under section 84.
(1) In section 1 of the Sustainable Energy Act 2003 (c. 30) (annual reports on progress towards sustainable energy aims)—
(a) in subsection (1) for “in each calendar year, beginning with 2004,” substitute “ , for each reporting period, ”,
(b) in subsection (1A) omit paragraphs (a), (b) and (c),
(c) omit subsections (1B) and (1C),
(d) for subsections (2) and (3) substitute—
(2) “Reporting period”, for the purposes of subsections (1) to (1AA), means—
(a) the period beginning with 24 February 2008 and ending with 31 December 2008, and
(b) each successive calendar year.
(3) A sustainable energy report must be published during the period beginning with 1 January and ending with 31 October following the reporting period to which it relates (“the publication period”).
, and
(e) after subsection (4) insert—
(4A) A report or part of a report published under this section must specify the period to which it relates.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
88 Power to amend licence conditions etc: smart meters
(1) The Secretary of State may modify—
(a) a condition of a particular licence under section 6(1)(b), (c) , (d) or (da) of the Electricity Act 1989 (c. 29) (transmission, distribution, supply and electricity system operator licence);
(b) the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act;
(c) a condition of a particular licence under section 7 or 7A of the Gas Act 1986 (c. 44) (transporter, supply and shipping licences);
(d) the standard conditions incorporated in licences under those provisions by virtue of section 8 of that Act;
(da) a condition of a particular licence under section 6(1)(f) of the Electricity Act 1989, or under section 7AB of the Gas Act 1986 (smart meter communication licences);
(e) a document maintained in accordance with the conditions of licences under section 6(1) of the Electricity Act 1989 or section 7 , 7A , 7AA or 7AB of the Gas Act 1986, or an agreement that gives effect to a document so maintained.
(2) The Secretary of State may exercise the power in subsection (1) for the purpose only of—
(a) requiring the holder of a licence to provide or install, or facilitate the provision, installation or operation of, meters of a particular kind, or
(b) requiring the holder of a licence to make arrangements related to the matters mentioned in paragraph (a).
(3) Modifications made by virtue of subsection (1) may include—
(a) technical specifications for meters (including specifications in respect of matters relevant to the ability to obtain remote access to meters);
(b) a prohibition on the supply of gas or electricity through a meter other than a meter which complies with a technical specification under paragraph (a);
(c) provision about the installation of meters which comply with a technical specification under paragraph (a) (including provision about the replacement of existing meters);
(d) provision about electricity generated by a customer;
(e) provision about the circumstances in which any pre-payment facilities of a meter may be utilised;
(f) provision about the use of a meter remotely to disconnect a customer's premises;
(g) provision about the protection of consumers;
(h) provision about access to, and the use of, an electricity distribution system or part of an electricity distribution system for communication in connection with a meter;
(i) provision about access to information from meters (including provision enabling a customer, or a person acting on a customer's behalf, to have access to information about the customer's consumption of gas or electricity);
(j) provision about communication of information by or to meters (including provision about its onward communication) and about the use of such information;
(ja) provision requiring the holder of a licence to supply information to the Secretary of State or the Authority (or both) so as to enable them to assess any matter relating to the provision, installation, or operation of meters;
(k) provision requiring the holder of the licence to enter (or refrain from entering) into an agreement of a specified kind, or with a specified person;
(l) provision specifying, or enabling the determination of, a date from which a modification is to take effect.
(4) The power conferred by subsection (1)—
(a) may be exercised to make different provision in relation to different areas or different classes of customer;
(b) may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);
(c) may be exercised differently in different cases or circumstances;
(d) includes a power to make incidental, supplementary, consequential or transitional modifications.
(5) The power conferred by subsection (1) may not be exercised after the end of 1 November 2028.
(6) Provision included in a licence by virtue of that power—
(a) need not relate to the activities authorised by the licence;
(b) in the case of a licence under section 7, 7A , 7AA or 7AB of the Gas Act 1986 (c. 44), may do any of the things authorised by section 7B(5) of that Act (which apply to the Gas and Electricity Markets Authority's power with respect to licence conditions under section 7B(4)(a));
(c) in the case of a licence under section 6(1)(b), (c), (d) , (da) or (f) of the Electricity Act 1989 (c. 29), may do any of the things authorised by section 7(2) to (4) of that Act (which apply to that Authority's power with respect to licence conditions under section 7(1)(a)).
(7) In this section a reference to a meter includes a reference to a visual display unit, or any other device, associated with or ancillary to a meter.
89 Power to amend licence conditions etc: procedure
(1) Before making a modification, the Secretary of State must consult—
(a) the holder of any licence being modified,
(b) the Gas and Electricity Markets Authority, and
(c) such other persons as the Secretary of State considers appropriate.
(2) Subsection (1) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
(3) Before making modifications, the Secretary of State must lay a draft of the modifications before Parliament.
(4) If, within the 40-day period, either House of Parliament resolves not to approve the draft, the Secretary of State may not take any further steps in relation to the proposed modifications.
(5) If no such resolution is made within that period, the Secretary of State may make the modifications in the form of the draft.
(6) Subsection (4) does not prevent a new draft of proposed modifications being laid before Parliament.
(7) The Secretary of State must publish details of any modifications as soon as reasonably practicable after they are made.
(8) In this section “40-day period”, in relation to a draft of proposed modifications, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).
(9) For the purposes of calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
(10) In this section “modification” means a modification under section 88.
(1) A modification under section 88 of part of a standard condition of a licence does 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 Gas Act 1986 (c. 44) or Part 1 of the Electricity Act 1989 (c. 29).
(2) Where the Secretary of State makes modifications under section 88(1)(b) or (d) of the standard conditions of a licence of any type, the Gas and Electricity Markets Authority must—
(a) make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
(b) publish the modification.
(3) The Secretary of State may by order make such modifications of provision made by or under an Act or an Act of the Scottish Parliament (whenever passed or made) as the Secretary of State considers appropriate in consequence of provision made under section 88.
(1) The Gas and Electricity Markets Authority may by regulations make provision about the procedure to be followed in relation to the grant of a smart meter communication licence.
(2) Regulations under subsection (1) may provide that the procedure is to consist of either (but not both) of the following—
(a) a determination by the Authority, on a competitive basis, of the person to whom a licence is to be granted;
(b) the selection by the Authority, on a non-competitive basis, of the person to whom a licence is to be granted.
(3) Regulations under subsection (1) may make provision by reference to a determination by the Authority or to the opinion of the Authority as to any matter.
(4) The approval of the Secretary of State is required for the making of regulations under subsection (1).
(5) In this section and in sections 91B to 91D—
“the Authority” means the Gas and Electricity Markets Authority;
“smart meter communication licence” means a licence under section 7AB of the Gas Act 1986 or a licence under section 6(1)(f) of the Electricity Act 1989.