The Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2019

Document Number:2019 No. 1023
Coming into force:Coming into force on the 05/07/2019
 
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Statutory Instruments

Electricity

Made

13 th June 2019

Coming into force

5 th July 2019

The Gas and Electricity Markets Authority(1) , in exercise of the powers conferred by sections 6 A(2) , (3) and (6) and 60 of the Electricity Act 1989(2) makes the following Regulations:

Citation, commencement and revocation

  1. —(1) These Regulations may be cited as the Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2019 and come into force on 5 th July 2019.

    (2) The Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2010(3) (“the 2010 Regulations”) are revoked.

    Transitional provisions

  2. —(1) Where an application has been made under the 2010 Regulations but at the date upon which these Regulations come into force the application has neither been granted nor refused, the application shall be treated thereafter as having been made under these Regulations.

    (2) In relation to an application to which paragraph (1) applies, the Authority, where necessary, will require applicants to supplement their application with additional information to meet the requirements of these Regulations.

    (3) Where, in relation to an application to which paragraph (1) applies, the applicant, before the coming into force of these Regulations, published a notice of the application in accordance with the 2010 Regulations, the requirements of these Regulations as regards publication shall be taken to have been met.

    Interpretation

  3. —(1) In these Regulations—

    “the 2000 Act” means the Utilities Act 2000(4);

    “the 2004 Act” means the Energy Act 2004(5);

    “the Act” means the Electricity Act 1989;

    “application” means an application for a licence or for a modification of a licence under the Act and references to an application in respect of a licence shall be construed accordingly;

    “the Authority” means the Gas and Electricity Markets Authority established by section 1 of the 2000 Act;

    “distribution licence” means a licence granted or to be granted under section 6(1)(c) of the Act(6);

    “domestic premises” means premises used wholly or mainly for domestic purposes;

    “extension”, in relation to a supply licence, means an extension of the licence under section 6(4) of the Act and, in relation to a distribution licence, means an extension of the licence under section 6(6) of the Act;

    “generation licence” means a licence granted or to be granted under section 6(1)(a) of the Act;

    “interconnector licence” means a licence granted or to be granted under section 6(1)(e) of the Act(7);

    “modification of an area” in relation to a transmission licence, means a modification of an area of the licence under section 6(6 B) of the Act(8);

    “principal undertaking” means an undertaking within the meaning of section 1161 of the Companies Act 2006(9);

    “related person” means

    in relation to an applicant who is the principal undertaking, a parent or subsidiary undertaking of the principal undertaking or a subsidiary undertaking of the parent undertaking of the principal undertaking, in each case within the meaning of section 1162 and Schedule 7 of the Companies Act 2006 , and

    in relation to any applicant (including such an undertaking) , a connected person of the applicant within the meaning of section 286 of the Taxation of Chargeable Gains...

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