Energy Act 2023

Section 201

Schedule 14 Minor and consequential amendments relating to Part 6

Gas Act 1986

1 The Gas Act 1986 is amended as follows.

2 In section 6A(1) (power to grant exemptions from prohibition), for “or (d)” substitute “, (d) or (e)”.

3 (1) Section 28 (orders for securing compliance with certain provisions) is amended as follows.

(2) In subsection (8), in the definition of “regulated person”, after paragraph (f) insert—

“(g) a responsible body for a central system;”.

(3) After subsection (8) insert—

“(8A) In paragraph (g) of the definition of “regulated person” in subsection (8), the reference to a responsible body for a central system is a reference to a person for the time being specified in a notice under section 184(1) of the Energy Act 2023 in relation to a designated central system (within the meaning of Part 6 of that Act).”

4 In Schedule 4B (provisions imposing obligations enforceable as relevant requirements), after paragraph 9A insert—

“Responsible bodies for central systems

9B (1) Section 194(3) of the Energy Act 2023 is a relevant provision in relation to a responsible body for a central system.

(2) The reference in sub-paragraph (1) to a responsible body for a central system is a reference to a person for the time being specified in a notice under section 184(1) of the Energy Act 2023 in relation to a designated central system (within the meaning of Part 6 of that Act).”

Electricity Act 1989

5 The Electricity Act 1989 is amended as follows.

6 In section 5(1) (power to grant exemptions from prohibition), for “or (e)” substitute “, (e) or (f)”.

7 (1) Section 25 (orders for securing compliance) is amended as follows.

(2) In subsection (8), in the definition of “regulated person”, after paragraph (d) insert—

“(da) a responsible body for a central system;”;

(3) After subsection (8) insert—

“(8A) In paragraph (da) of the definition of “regulated person” in subsection (8), the reference to a responsible body for a central system is a reference to a person for the time being specified in a notice under section 184(1) of the Energy Act 2023 in relation to a designated central system (within the meaning of Part 6 of that Act).”

8 In Schedule 6A (provisions imposing obligations enforceable as relevant requirements), after paragraph 9 insert—

“Responsible bodies for central systems

9ZA (1) Section 194(3) of the Energy Act 2023 is a relevant provision in relation to a responsible body for a central system.

(2) The reference in sub-paragraph (1) to a responsible body for a central system is a reference to a person for the time being specified in a notice under section 184(1) of the Energy Act 2023 in relation to a designated central system (within the meaning of Part 6 of that Act).”

Energy Act 2004

9 The Energy Act 2004 is amended as follows.

10 In section 173 (appeals to the Competition and Markets Authority), after subsection (2B) insert—

“(2C) This section also applies to a decision by GEMA to modify a designated document (within the meaning of Part 6 of the Energy Act 2023) under section 192 of that Act.”

11 (1) Schedule 22 (procedure for appeals under section 173) is amended as follows.

(2) In paragraph 4 (time limit for representations and observations)—

(a) in sub-paragraph (1), for the words from “fifteen working days” to the end substitute “the relevant period”;

(b) after sub-paragraph (1) insert—

“(1A) “The relevant period” means—

(a) 15 working days following the day of the making of the application for permission to bring the appeal, or

(b) such longer period following that day as an authorised member of the CMA may allow.”;

(c) in sub-paragraph (2), for “that period of fifteen working days” substitute “the relevant period”.

(3) In paragraph 6 (timetable for determination of appeal)—

(a) in sub-paragraph (1), for “thirty working days” substitute “4 months”;

(b) in sub-paragraph (2)—

(i) for “thirty working days” substitute “4 months”;

(ii) for “ten more working days” substitute “1 month”.

Energy Act 2023

12 In section 89—

(a) in subsection (1)(a)—

(i) after “7”, insert “or 7AC”;

(ii) after “transporters” insert “or code manager licence”;

(b) in subsection (1)(c), after “7” insert “or 7AC”.