Smart Meters Act 2018

JurisdictionUK Non-devolved
Citation2018 c. 14
(1) In section 88 of the Energy Act 2008 (power to amend licence conditions etc: smart meters) , in subsection (5) , for “1 November 2018” substitute “ 1 November 2023 ”.in section 7A(10D) (expiry of provisions requiring proposed transfer of smart meter communication licence to be notified to Secretary of State) , for “1 November 2018” substitute “ 1 November 2023 ”;in section 56FB(2) (time limit for exercise of power to provide for activities connected with smart meters to be licensable activities) , for “1 November 2018” substitute “ 1 November 2023 ”.in section 8AA(10D) (expiry of provisions requiring proposed transfer of smart meter communication licence to be notified to Secretary of State) , for “1 November 2018” substitute “ 1 November 2023 ”;in section 41HB(2) (time limit for exercise of power to provide for activities connected with smart meters to be licensable activities) , for “1 November 2018” substitute “ 1 November 2023 ”.(4) In consequence of the amendments made by subsections (1) , (2) (b) and (3) (b) , in section 73 of the Energy Act 2011, omit subsections (5) , (7) and (8) .is made by the court in relation to a smart meter communication licensee; anddirects that, while the order is in force, the affairs, business and property of the company are to be managed by a person appointed by the court.(2) The person appointed in relation to a company for the purposes of an smcl administration order is the smart meter communication administrator of the company.(3) The smart meter communication administrator of a company must manage its affairs, business and property, and exercise and perform all the powers and duties of a smart meter communication administrator, so as to achieve the objective set out in section 3.(4) In relation to an smcl administration order applying to a non-GB company, references in this section to the affairs, business and property of the company are references only to its affairs and business so far as carried on in Great Britain and to its property in Great Britain.(5) In the smcl administration provisions—
  • smart meter communication licensee” means the company which is the holder of the relevant licences; and
  • relevant licences” means—
    • (a) the licence granted under section 7AB of the Gas Act 1986 to provide a smart meter communication service, and
    • (b) the licence granted under section 6 of the Electricity Act 1989 to provide a smart meter communication service.
that the licensee's functions under the relevant licences are performed efficiently and economically, andthat it becomes unnecessary, by one or both of the following means, for the smcl administration order to remain in force for the purpose mentioned in paragraph (a) .the rescue as a going concern of the company subject to the smcl administration order; andtransfers falling within subsection (3) .to another company, oras respects different parts of the undertaking of the company subject to the smcl administration order, to two or more different companies,a transfer of the undertaking of the company subject to the smcl administration order, or of a part of its undertaking, to a wholly-owned subsidiary of that company; anda transfer to a company of securities of a wholly-owned subsidiary to which there has been a transfer falling within paragraph (a) .the rescue as a going concern of the company subject to the smcl administration order is not reasonably practicable or is not reasonably practicable without such a transfer;the rescue of that company as a going concern will not achieve that objective or will not do so without such a transfer;such a transfer would produce a result for the company's creditors as a whole that is better than the result that would be produced without it; orsuch a transfer would, without prejudicing the interests of those creditors as a whole, produce a result for the company's members as a whole that is better than the result that would be produced without it.managing the affairs, business and property of the licensee, andotherwise exercising and performing the powers and duties of a smart meter communication administrator; andmake provision about how the smart meter communication administrator is to give priority to specified activities.(7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.(1) Sections 156 to 167 of, and Schedules 20 and 21 to, the Energy Act 2004 (special administration regime for energy licensees) apply in relation to an smcl administration order as they apply in relation to an energy administration order within the meaning given by section 154(1) of that Act, but with the modifications set out in subsections (2) to (4) .for “energy administration”, in each place where it occurs, substitute “ smart meter communication licensee administration ”;for “energy administrator”, in each place where it occurs, substitute “ smart meter communication administrator ”;for “a protected energy company”, in each place where it occurs, substitute “ a smart meter communication licensee ”.in paragraph 32(1) (d) , for the words from “ “energy administration application”” to “Energy Act 2004” substitute “ “smart meter communication licensee administration application” means an application to the court for a smart meter communication licensee administration order under Chapter 3 of Part 3 of the Energy Act 2004, as applied by section 4 of the Smart Meters Act 2018 ”;in paragraph 32(1) (e)

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