(1)The Secretary of State may, for the purpose of facilitating or ensuring the effective performance of functions specified in subsection (3), modify—
(a)the conditions of a licence under section 6(1)(da) of the Electricity Act 1989 (electricity system operator licence);
(b)a document maintained in accordance with the conditions of such a licence, or an agreement that gives effect to a document so maintained.
(2)The Secretary of State may, for the purpose of facilitating or ensuring the effective performance of functions specified in subsection (3), modify—
(a)the conditions of a licence under section 7AA of the Gas Act 1986 (gas system planner licence);
(b)a document maintained in accordance with the conditions of such a licence, or an agreement that gives effect to a document so maintained.
(3)The functions referred to in subsections (1) and (2) are—
(a)functions of hydrogen production allocation bodies, and
(b)other functions under this Chapter which are related to such functions.
(4)Modifications under subsections (1) and (2) may only make provision in relation to times when the person holding the licence is a hydrogen production allocation body.
(5)The provision referred to in subsection (4) includes consequential or transitional provision in relation to times when it is no longer the case that the person holding the licence is a hydrogen production allocation body.
(6)Provision included in a licence, or in a document or agreement relating to licences, by virtue of a power under this section may in particular—
(a)include provision of any kind that may be included in revenue support regulations or regulations under section 73;
(b)do any of the things authorised for licences of that type by—
(i)section 7B(5)(a), (5ZA), (6) or (7) of the Gas Act 1986, or
(ii)section 7(3), (4), (5) or (6A) of the Electricity Act 1989.
(7)Before making a modification under this section the Secretary of State must consult—
(a)the holder of any licence being modified;
(b)the GEMA;
(c)such other persons as the Secretary of State considers it appropriate to consult.
(8)Subsection (7) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
Commencement Information
I1S. 90 in force at 26.12.2023, see s. 334(3)(b)