Energy Act 2004

Section 75

SCHEDULE 15Amendments of 1993 Act

Preliminary

1The 1993 Act is amended as follows.

Applications for authorisations

2In section 16(6) (obligation to send copy of application to local authorities), for “any application being made” substitute “receipt of an application”.

Duty to display documents

3In section 19 (duty to display authorisation etc.), for “to whom the authorisation was granted” substitute “who holds the authorisation”.

Requirements with respect to records

4In section 20(1) (imposition of requirements with respect to records), for “an authorisation under section 13 or 14 has been granted” substitute “who holds an authorisation under section 13 or 14”.

Enforcement notices

5(1)In subsection (1) of section 21 (enforcement notifications), for “to whom an authorisation was granted under section 13 or 14” substitute “who holds an authorisation under section 13 or 14”.

(2)In subsection (4)(b) of that section, after “16(9)(b)” insert “or 16A(8)(d)”.

Prohibition notices

6In section 22(6) (copy of prohibition notice to be served on persons to whom authorisation copied under section 16(9)(b)), after “16(9)(b)” insert “or 16A(8)(d)”.

Directions in relation to applications etc.

7(1)In subsection (1)(b) of section 23 (directions in relation to applications), after “14” insert “or for the transfer (in whole or in part) or variation of an authorisation”.

(2)In subsection (2)(a) of that section, after “authorisation” insert “or for the transfer (in whole or in part) or variation of an authorisation”.

(3)After subsection (2)(c) of that section insert—

“(ca)to grant an application for the transfer (in whole or in part) of an authorisation, or

(cb)to carry out a review under section 17A, or”.

Power to call in applications

8In section 24(1)(a) (applications that may be called in), for “or authorisations” substitute “, authorisations, transfers or variations”.

Power to restrict knowledge of applications etc.

9(1)In subsection (2)(a) of section 25 (directions to restrict knowledge of information about applications), after “14” insert “or for the transfer (in whole or in part) or variation of an authorisation”.

(2)In subsection (3) of that section—

(a)for “, as the case may be” substitute “or notice of variation”; and

(b)in paragraph (b), after “16” insert “16A or 17”.

Appeals

10(1)In subsection (1) of section 26 (appeals), after paragraph (a) insert—

“(aa)refuses an application under section 16A or 17 for the transfer (in whole or in part) or variation of such an authorisation,”.

(2)In subsection (5) of that section, after paragraph (b) insert—

“(c)in relation to an application under section 16A for the transfer of an authorisation, either or both of the persons making the application;

(d)in relation to an application for a variation under section 17, the person applying for the variation.”

Offences

11In each of paragraphs (c) and (d) of section 32(1) (offences relating to registrations and authorisations), for “to whom an authorisation under section 13 or 14 has been granted” substitute “who holds an authorisation under section 13 or 14”.

False and misleading statements

12In section 34A (offences of making false and misleading statements)—

(a)in subsection (1)(a), after “14” insert “, any transfer of such an authorisation under section 16A”; and

(b)in subsection (2)(a), for “or an authorisation under section 13 or 14” substitute “, an authorisation under section 13 or 14 or a transfer under section 16A”.

Meaning of “prescribed”

13In section 47(1) (interpretation), for the definition of “prescribed” substitute—

““prescribed”—

(a)in relation to a charging scheme under section 41 of the Environment Act 1995, has the same meaning as in that section;

(b)in relation to fees or charges payable in Northern Ireland in accordance with a scheme under section 43 of this Act, means prescribed under that scheme; and

(c)in other contexts, means prescribed by regulations under this Act.”