Energy Act 2023

Prospective

Amendment or termination of qualifying contractsE+W+S

This section has no associated Explanatory Notes

6(1)The GEMA may amend a qualifying contract.

(2)Before making an amendment under sub-paragraph (1), the GEMA must—

(a)send a notice about the proposed amendment to the persons listed in sub-paragraph (4), and

(b)consider any representations made within the period specified in the notice about the proposed amendment or the date from which it would take effect.

(3)A notice under sub-paragraph (2) must—

(a)state that the GEMA proposes to make an amendment;

(b)set out the proposed amendment and its effect;

(c)specify the date from which the GEMA proposes that the amendment will have effect;

(d)state the reasons why the GEMA proposes to make the amendment.

(4)The persons mentioned in sub-paragraph (2)(a) are—

(a)each person who is a party to the contract to which the proposed amendment relates;

(b)any person liable by virtue of paragraph 12 to make a payment by way of compensation as a result of the proposed amendment;

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

(5)If, after complying with sub-paragraphs (2) to (4) in relation to an amendment, the GEMA decides to make an amendment, it must send a notice to the persons listed in sub-paragraph (4) about the decision.

(6)A notice under sub-paragraph (5) must—

(a)state that the GEMA has decided to make the amendment;

(b)set out the amendment and its effect;

(c)specify the date from which the amendment has effect;

(d)state how the GEMA has taken account of any representations made in the period specified in the notice under sub-paragraph (2);

(e)state the reason for any differences between the amendment set out in the notice and the proposed amendment.

(7)In this paragraph, “amend”, in relation to a contract, includes terminate.

Commencement Information

I1Sch. 12 para. 6 not in force at Royal Assent, see s. 334(1)