Moved by
Lord Callanan
66: After Clause 81, insert the following new Clause—
“Section (Modifications of licences etc): supplementary
(1) In this section “relevant power” means a power conferred by any of subsections (1) to (4) of section (Modifications of licences etc).
(2) Before making modifications under a relevant power, the Secretary of State must lay a draft of the modifications before Parliament.
(3) 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.
(4) If no such resolution is made within that period, the Secretary of State may make the modifications in the form of the draft.
(5) Subsection (3) does not prevent a new draft of proposed modifications being laid before Parliament.
(6) 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).
(7) 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.
(8) A relevant power—
(a) 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);
(b) may be exercised differently in different cases or circumstances;
(c) includes a power to make incidental, supplementary, consequential or transitional modifications.
(9) Provision included in a licence, or in a document or agreement relating to licences, by virtue of a relevant power—
(a) may make different provision for different cases;
(b) need not relate to the activities authorised by the licence.
(10) The Secretary of State must publish details of any modifications made under a relevant power as soon as reasonably practicable after they are made.
(11) A modification made under a relevant power 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, Part 1 of the Electricity Act 1989, the Electricity (Northern Ireland) Order 1992 or the Gas (Northern Ireland) Order 1996.
(12) The power conferred by a relevant power to “modify” (in relation to licence conditions or a document) includes a power to amend, add to or remove, and references to modifications are to be construed accordingly.
(13) In section 81 of the Utilities Act 2000 (standard conditions of gas licences), in subsection (2), after “Smart Meters Act 2018” insert “or under section (Modifications of licences etc) or sections 193 to 195 of the Energy Act 2022”.
(14) In section 137 of the Energy Act 2004 (new standard conditions for transmission licences), in subsection (3)—
(a) omit the “or” after paragraph (f);
(b) after paragraph (g) insert—
“(h) under section (Modifications of licences etc) of the Energy Act 2022,”
Member's explanatory statement
See the explanatory statement for new clause (Modifications of licences etc).