Electricity Regulation Act 1999

Application for authorisation.

17

17.—(1) An application for an authorisation under section 16 shall be in writing F331[unless that it is not required by virtue of an order made under section 16(3A) or (3B),] and be in such form and contain such information as the Commission may reasonably request.

F332[(1A) The Commission shall publish the authorisation procedures as determined by it in such manner as it shall determine so as to bring it to the attention of those likely to be affected by it.]

(2) An application for an authorisation shall be accompanied by such a fee, if any, as the Commission may determine.

F333[(2A) The Commission shall determine an application in accordance with the criteria specified in an order made under section 18.

(2B) The Commission shall ensure that authorisation procedures for small generators and distributed generation take into account their limited size and potential impact.

(2C) An authorisation granted by the Commission under this section, shall be in writing and, unless previously revoked in accordance with any term contained in the authorisation, shall continue in force for such period as may be specified in or determined by or under the authorisation.

(2D) Subsection (2C) shall not apply to an authorisation provided for in an order made under section 16(3A) or (3B).]

(3) An authorisation granted by the Commission shall be subject to—

(a) modification in accordance with section 19, or

(b) revocation by the Commission in accordance with this Act.

F334[(3A) A person who is granted an authorisation other than pursuant to an order made under section 16(3A) or (3B), may appeal the terms and conditions of that authorisation under section 29.

(3B) Where the Commission modifies an authorisation or the terms and conditions of an authorisation the holder of the authorisation may appeal the modification in accordance with section 29.]

F335[(4) Where the Commission refuses to grant an authorisation—

(a) the reasons for such refusal shall be objective, non-discriminatory, well founded and duly substantiated,

(b) the applicant for the authorisation shall be notified, in writing, by the Commission of the reasons for the refusal, and

(c) the applicant may appeal the refusal in accordance with section 29.]

Annotations

Amendments:

F331

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 14(a), subject to transitional provision in reg. 40.

F332

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 14(b), subject to transitional provision in reg. 40.

F333

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 14(c), subject to transitional provision in reg. 40.

F334

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 14(d), subject to transitional provision in reg. 40.

F335

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 ( S.I. No. 60 of 2005), reg. 14(e), subject to transitional provision in reg. 40.

Modifications (not altering text):

C18

Term “authorisation” construed (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 16(17)(b), commenced on enactment.

Natural gas licences

17. ...

(b) in sections 17(4), 29, 30 and 32 of the Act of 1999 to an authorisation shall be construed as including a reference to a consent of a type mentioned in section 8(7), 39A(1) or 40(1) of the Gas Act, 1976, other than a consent in regard to an upstream pipeline.