|
| |
|
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 |
| |
| 5 |
134 | Property arrangements schemes |
| |
Schedule 18 (which makes provision about property arrangements schemes) |
| |
| |
135 | Interpretation of Chapter 1 of Part 3 |
| |
| 10 |
| “transmission licence” means a licence under section 6(1)(b) of the 1989 |
| |
| |
and references to the new trading and transmission arrangements are to be |
| |
construed in accordance with section 126. |
| |
136 | Amendments consequential on Chapter 1 of Part 3 |
| 15 |
(1) | Schedule 19 (which makes amendments consequential on the provisions of this |
| |
| |
| |
(a) | a modification under section 127, or |
| |
(b) | a scheme under Schedule 17, |
| 20 |
| 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 |
| |
| 25 |
| |
The Secretary of State may by order make in connection with the coming into |
| |
force of any provision of this Chapter such transitional provision or saving as |
| |
he considers necessary or expedient. |
| |
| 30 |
Interconnectors for electricity and gas |
| |
Electricity interconnectors |
| |
138 | Operators of electricity interconnectors to be licensed |
| |
(1) | The 1989 Act is amended as follows. |
| |
(2) | In subsection (1) of section 4 (licensable activities), at the end of paragraph (c) |
| 35 |
| |
(d) | participates in the operation of an electricity interconnector,”. |
| |
|
| |
|
| |
|
(3) | Before subsection (4) of that section insert— |
| |
“(3C) | A reference in this Part to participating in the operation of an electricity |
| |
interconnector is a reference to— |
| |
(a) | co-ordinating and directing the flow of electricity into or |
| |
through an electricity interconnector; or |
| 5 |
(b) | making such an interconnector available for use for the |
| |
conveyance of electricity; |
| |
| and a person is not to be regarded as participating in the transmission |
| |
of electricity by reason only of activities constituting participation in |
| |
the operation of an electricity interconnector. |
| 10 |
(3D) | For the purposes of subsection (3C)(b), a person shall not be regarded |
| |
as making something available just because he consents to its being |
| |
made available by another. |
| |
(3E) | In this Part ‘electricity interconnector’ means so much of an electric line |
| |
or other electrical plant as— |
| 15 |
(a) | is situated at a place within the jurisdiction of Great Britain; and |
| |
(b) | subsists wholly or primarily for the purposes of the conveyance |
| |
of electricity (whether in both directions or in only one) between |
| |
Great Britain and a place within the jurisdiction of another |
| |
| 20 |
(3F) | For the purposes of this section— |
| |
(a) | a place is within the jurisdiction of Great Britain if it is in Great |
| |
Britain, in the territorial sea adjacent to Great Britain or in an |
| |
area designated under section 1(7) of the Continental Shelf Act |
| |
| 25 |
(b) | a place is within the jurisdiction of another country or territory |
| |
if it is in that country or territory or in waters in relation to |
| |
which authorities of that country or territory exercise |
| |
| |
(4) | In section 5(1) (power of the Secretary of State to grant exemptions from |
| 30 |
licensing), for “or (c)” substitute “, (c) or (d)”. |
| |
(5) | In section 6 (power to grant licences), after subsection (1)(d) insert “or |
| |
(e) | a licence authorising a person to participate in the operation of |
| |
an electricity interconnector (‘an interconnector licence’).” |
| |
(6) | After subsection (2) of that section insert— |
| 35 |
“(2A) | The same person may not be the holder of an interconnector licence and |
| |
the holder of a licence falling within any of paragraphs (a) to (d) of |
| |
| |
(7) | Before subsection (7) of that section insert— |
| |
“(6C) | An interconnector licence authorising participation in the operation of |
| 40 |
an electricity interconnector— |
| |
(a) | must specify the interconnector or interconnectors in relation to |
| |
which participation is authorised; and |
| |
(b) | may limit the forms of participation in the operation of an |
| |
interconnector which are authorised by the licence.” |
| 45 |
|
| |
|
| |
|
139 | Standard conditions for electricity interconnectors |
| |
(1) | The Secretary of State must, before the commencement of subsection (6), |
| |
determine standard conditions for electricity interconnector licences. |
| |
(2) | Those standard conditions may contain provision— |
| |
(a) | for a standard condition included in an electricity interconnector |
| 5 |
licence not to have effect until brought into operation in such manner, |
| |
and in such circumstances, as may be specified in or determined under |
| |
| |
(b) | for the effect of a standard condition included in such a licence to be |
| |
suspended in such manner, and in such circumstances, as may be so |
| 10 |
specified or determined; or |
| |
(c) | for a standard condition included in such a licence the effect of which |
| |
is for the time being suspended to be brought back into operation in |
| |
such manner, and in such circumstances, as may be so specified or |
| |
| 15 |
(3) | The Secretary of State must publish the standard conditions determined by |
| |
| |
(4) | The publication must be in such manner as the Secretary of State considers |
| |
| |
(5) | The standard conditions determined by the Secretary of State have effect |
| 20 |
subject to any modifications made under Part 1 of the 1989 Act or under this |
| |
| |
(6) | Before subsection (2) of section 8A of the 1989 Act (standard conditions) |
| |
| |
“(1B) | Subject to subsection (2), each condition which by virtue of section 139 |
| 25 |
of the Energy Act 2004 is a standard condition for the purposes of |
| |
interconnector licences shall be incorporated, by reference, in each |
| |
interconnector licence granted on or after the commencement of |
| |
subsection (6) of that section.” |
| |
(7) | In this section “electricity interconnector licence” means an interconnector |
| 30 |
licence under section 6(1)(e) of the 1989 Act. |
| |
140 | Consequential amendments of the 1989 Act |
| |
(1) | The 1989 Act is amended as follows. |
| |
(2) | In section 3A(5)(a) (duty as to carrying out of functions), after “electricity”, |
| |
where first occurring, insert “or to participate in the operation of electricity |
| 35 |
| |
(3) | In section 29 (regulations)— |
| |
(a) | in subsection (1)(b), after “electricity”, where first occurring, insert |
| |
“from the use of electricity interconnectors,”; |
| |
(b) | in subsection (2)(b), after “electricity” insert “or in the use of electricity |
| 40 |
| |
(c) | in subsection (2)(c), after “electricity” insert “or to participate in the |
| |
operation of an electricity interconnector”. |
| |
|
| |
|
| |
|
(4) | In section 30(2)(a) (duty of inspector to inspect apparatus belonging to licence |
| |
holders), after “electricity” insert “or to participate in the operation of |
| |
electricity interconnectors”. |
| |
(5) | In section 43 (concurrent functions of GEMA and the OFT under the Enterprise |
| |
Act 2002), in each of subsections (2A) and (3), after “electricity” insert “or the |
| 5 |
use of electricity interconnectors”. |
| |
(6) | In section 58(2) (information protected by directions), after “electricity” insert |
| |
“or to participate in the operation of electricity interconnectors”. |
| |
(7) | In section 64(1) (interpretation), after the definitions of “electricity distributor” |
| |
and “electricity supplier” insert— |
| 10 |
| “‘electricity interconnector’ has the meaning given by section |
| |
| |
(8) | In section 98(1) (statistical information)— |
| |
(a) | after “electricity”, where first occurring, insert “or the use of electricity |
| |
| 15 |
(b) | at the end insert “or to participate in the operation of electricity |
| |
| |
141 | Grant of electricity interconnector licences to existing operators |
| |
(1) | This section applies where a person is participating in the operation of an |
| |
electricity interconnector at the time when the power of GEMA to grant |
| 20 |
electricity interconnector licences comes into force. |
| |
(2) | The Secretary of State shall have power to grant such a licence to that person |
| |
under section 6 of the 1989 Act. |
| |
(3) | Sections 6A(5), 7 and 8A of the 1989 Act (notice of licence and licence |
| |
conditions) shall have effect in relation to the grant of licences by the Secretary |
| 25 |
of State by virtue of this section as if— |
| |
(a) | references in those sections to GEMA included references to the |
| |
| |
(b) | in section 8A, the words “the Secretary of State and” in subsection (4)(b) |
| |
and subsection (5) were omitted. |
| 30 |
(4) | Before granting a licence to a person by virtue of this section, the Secretary of |
| |
| |
| |
| |
(c) | such other persons as the Secretary of State considers appropriate. |
| 35 |
(5) | Subsection (4) may be satisfied by consultation that took place wholly or partly |
| |
before the commencement of this section. |
| |
| |
| “electricity interconnector licence” means an interconnector licence under |
| |
section 6(1)(e) of the 1989 Act; and |
| 40 |
| “participating in the operation of an electricity interconnector” has the |
| |
same meaning as in Part 1 of the 1989 Act. |
| |
|
| |
|