Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019

PART 4

Arrangements in relation to Electricity and Fluorinated Greenhouse Gases

Chapter 1

Amendment of Electricity Regulation Act 1999

Supplementary power to modify licence conditions

9. The Electricity Regulation Act 1999 is amended by the insertion of the following section after section 14A:

14B. (1) Notwithstanding sections 8A(4) and 14(6)(a), and any terms and conditions that may apply to a licence, the Commission may modify a condition of a licence where, in consequence of the withdrawal of the United Kingdom from membership of the European Union, the Commission considers it necessary or expedient to do so in order for the State to continue to comply with—

(a) the European Union rules for cross-border trade in electricity contained within or adopted pursuant to the Electricity Market Regulation as amended from time to time and as supplemented by—

(i) network codes established under Article 6 of that Regulation, and

(ii) guidelines adopted under Article 18 of that Regulation,

or

(b) the Electricity Market Directive.

(2) The power to modify under subsection (1) includes the power to make incidental or consequential modifications.

(3) Before a modification is made under subsection (1), the Commission shall consult—

(a) the holder of the licence concerned,

(b) the Authority, and

(c) such other persons as the Commission considers appropriate.

(4) The Commission shall, as soon as practicable after a modification has been made under subsection (1)—

(a) notify the parties consulted under subsection (3), and

(b) publish the modification on the Commission’s website and in such other manner as the Commission considers appropriate.

(5) The power to modify under subsection (1) may not be exercised after the end of the period of 1 year from the time at which Chapter 1of Part 4 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 comes into operation.

(6) Sections 19 to 22 and 29 to 31 shall not apply to a modification under subsection (1).”.