Electricity Regulation Act 1999
Modification of licence or authorisation.
19.—(1) Where the holder of a licence or an authorisation so requests the Commission may modify the conditions or requirements of the licence or authorisation.
(2) Where the Commission is of the opinion that a licence or an authorisation should be amended it may do so with or without the consent of the holder of the licence or the authorisation, as the case may be.
(3) Where the Commission is of the opinion that a modification of a condition or requirement of a licence or an authorisation is a modification of a class required by an order of the Minister made under section 39 or 40 the Commission may modify the conditions or requirements of the licence or authorisation concerned without the consent of the holder of that licence or authorisation, as the case may be.
Annotations
Modifications (not altering text):
C19
Application of ss. 19-22 and 29-31 extended to modified licences for interim period under certain conditions (30.07.2017) by Energy Act 2016 (12/2016), s. 7(3)(c), commenced on enactment.
Single Electricity Market: provision in respect of revised arrangements in the State and Northern Ireland
7. ...
(3) (a) During the interim period the Commission for Energy Regulation may modify the conditions of a licence or authorisation where the Commission considers it necessary or expedient to do so—
(i) for the purpose of implementing, or facilitating the operation of, the revised arrangements in the State and Northern Ireland, or
(ii) in consequence of, or for giving full effect to, those arrangements.
(b) The power to modify the conditions of a licence or authorisation under this subsection includes the power to make incidental, consequential or transitional modifications.
(c) Where a licence or authorisation is modified under this subsection, sections 19 to 22 and 29 to 32 of the Act of 1999 shall apply in relation to any such modification.
(d) Sections 20(4)(a) and (9), 21(2)(a) and 22(3)(b) of the Act of 1999 shall, for the purposes of this subsection, have effect as if references to the Single Electricity Market included references to the revised arrangements in the State and Northern Ireland.
C20
Application of ss. 19-22 and 29-31 restricted (8.10.2007) by European Communities (Conditions for Access to the Natural Gas Transmission Networks) Regulations 2007 (S.I. No. 691 of 2007), reg. 3(2).
European Communities (Conditions for Access to the Natural Gas Transmission Networks) Regulations
3. (1) The Commission shall cause every gas transmission licence to contain such terms and conditions as it considers necessary for the purpose of ensuring that every holder of such a licence complies with the provisions of the European Regulation which relate to the provision of access to the transmission system.
(2) Sections 19 to 22 and sections 29 to 31 of the Act of 1999 shall not apply in relation to any modifications made in accordance with paragraph (1) of this Regulation.
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