Part 6Governance of gas and electricity industry codes
Licensing and selection of code manager
I1185Licence under Gas Act 1986 for performance of code management function
1
Part 1 of the Gas Act 1986 is amended as follows.
2
Section 5 (prohibition on unlicensed activities) is amended as follows.
3
4
After subsection (11) insert—
11A
A reference in this Part to a person (“P”) performing the function of code manager in relation to a designated gas licence document is a reference to making arrangements, with the persons to whom subsection (11B) applies, under which P is responsible for the governance of the document.
11B
This subsection applies to the holder of a licence for the purposes of section 5 where a condition of the licence—
a
requires the holder to comply with, or to enter into arrangements that conform with, the designated gas licence document in question, or
b
imposes obligations on the holder that do not apply to the holder where the holder complies with that document.
5
In subsection (12)—
a
omit the “and” after the definition of “relevant information”;
b
at the appropriate place insert—
“designated gas licence document” means a document that is—
- a
maintained in accordance with the conditions of a licence for the purposes of section 5, and
- b
designated under section 182 of the Energy Act 2023;
6
After section 7AB insert—
7ACLicensing of a person performing code manager function
1
The Authority may grant a licence (“a code manager licence”) authorising a person to perform the function of code manager in respect of a designated gas licence document.
2
Where a designated gas licence document is also a designated electricity licence document, a person may not be granted a code manager licence in respect of the document unless the same person is at the same time granted a licence under section 6(1)(g) of the Electricity Act 1989.
3
In this section—
“designated electricity licence document” has the same meaning as in section 4 of the Electricity Act 1989;
“designated gas licence document” has the same meaning as in section 5.
7
Section 7B (licences: general) is amended as follows.
8
In subsection (5A)—
a
after “smart meter communication licence” (in the first place it occurs) insert “or in a code manager licence”
;
b
for “smart meter communication licence” (in the second place it occurs) substitute “a licence of the same type”
.
9
In subsection (5B)—
a
for “Secretary of State or the Authority” substitute “relevant authority”
;
b
in paragraph (b)(ii), after “licence” insert “or (in the case of an application for a code manager licence) apply for a licence otherwise than as part of a competition”
.
10
In subsection (5C), after “smart meter communication licence” insert “or in a code manager licence”
.
11
In subsection (5D), for “the Secretary of State or the Authority” substitute “the relevant authority”
.
12
In subsection (5E)—
a
in paragraph (a), for “Secretary of State or the Authority (as appropriate)” substitute “relevant authority”
;
b
in paragraph (b), for “Secretary of State or the Authority (as appropriate)” substitute “relevant authority”
.
13
After subsection (5F) insert—
5FA
In subsections (5B) to (5E), “the relevant authority” means—
a
in relation to a smart meter communication licence, the Secretary of State or the Authority;
b
in relation to a code manager licence, the Authority.
14
In section 8AA (transfer of licences), after subsection (11A) insert—
11B
Where the holder of a code manager licence is also the holder of a licence under section 6(1)(g) of the Electricity Act 1989, the code manager licence may not be transferred to a person unless the licence under section 6(1)(g) of that Act is transferred to the same person at the same time.