Smart Meters Act 2018

in section 7A(10D) (expiry of provisions requiring proposed transfer of smart meter communication licence to be notified to Secretary of State), for “1 November 2018” substitute “1 November 2023”;

in section 56FB(2) (time limit for exercise of power to provide for activities connected with smart meters to be licensable activities), for “1 November 2018” substitute “1 November 2023”.

in section 8AA(10D) (expiry of provisions requiring proposed transfer of smart meter communication licence to be notified to Secretary of State), for “1 November 2018” substitute “1 November 2023”;

in section 41HB(2) (time limit for exercise of power to provide for activities connected with smart meters to be licensable activities), for “1 November 2018” substitute “1 November 2023”.

is made by the court in relation to a smart meter communication licensee; and

directs that, while the order is in force, the affairs, business and property of the company are to be managed by a person appointed by the court.

that the licensee's functions under the relevant licences are performed efficiently and economically, and

that it becomes unnecessary, by one or both of the following means, for the smcl administration order to remain in force for the purpose mentioned in paragraph (a).

the rescue as a going concern of the company subject to the smcl administration order; and

transfers falling within subsection (3).

to another company, or

as respects different parts of the undertaking of the company subject to the smcl administration order, to two or more different companies,

a transfer of the undertaking of the company subject to the smcl administration order, or of a part of its undertaking, to a wholly-owned subsidiary of that company; and

a transfer to a company of securities of a wholly-owned subsidiary to which there has been a transfer falling within paragraph (a).

the rescue as a going concern of the company subject to the smcl administration order is not reasonably practicable or is not reasonably practicable without such a transfer;

the rescue of that company as a going concern will not achieve that objective or will not do so without such a transfer;

such a transfer would produce a result for the company's creditors as a whole that is better than the result that would be produced without it; or

such a transfer would, without prejudicing the interests of those creditors as a whole, produce a result for the company's members as a whole that is better than the result that would be produced without it.

specify activities carried out by a smart meter communication licensee under the relevant licences to which a smart meter communication administrator must give priority in—

make provision about how the smart meter communication administrator is to give priority to specified activities.

for “energy administration”, in each place where it occurs, substitute “ smart meter communication licensee administration ”;

for “energy administrator”, in each place where it occurs, substitute “ smart meter communication administrator ”;

for “a protected energy company”, in each place where it occurs, substitute “ a smart meter communication licensee ”.

in paragraph 32(1)(d), for the words from “ “energy administration application”” to “Energy Act 2004” substitute “ “smart meter communication licensee administration application” means an application to the court for a smart meter communication licensee administration order under Chapter 3 of Part 3 of the Energy Act 2004, as applied by section 4 of the Smart Meters Act 2018 ”;

in paragraph 32(1)(e), for “section 155 of the Energy Act 2004” substitute “ section 3 of the Smart Meters Act 2018 ”;

in paragraph 36, for “section 154(4) of this Act” substitute “ section 2(4) of the Smart Meters Act 2018 ”;

in paragraph 43, after “the Energy Act 2004” insert “ and section 4 of the Smart Meters Act 2018 ”;

in paragraph 44(5), after “the Energy Act 2004” insert “ and section 4 of the Smart Meters Act 2018 ”;

in paragraph 45, after “section 157(1)(e) of this Act” insert “ as applied by section 4 of the Smart Meters Act 2018 ”;

omit paragraph 46 (but see section 9 of this Act);

in paragraph 47, after “Part 1 of this Schedule” insert “ and section 4 of the Smart Meters Act 2018 ”.

for “old energy company”, in each place where it occurs, substitute “ old licensee ”;

for “new energy company”, in each place where it occurs, substitute “ new licensee ”;

in paragraph 1(b), for “section 155(3)” substitute “ section 3(3) of the Smart Meters Act 2018 ”;

in paragraph 12, for “section 155” substitute “ section 3 of the Smart Meters Act 2018 ”.

insert, at the appropriate places, the following definitions—; “smart meter communication licensee” has the meaning given by section 2(5) of the Smart Meters Act 2018; “smart meter communication licensee administration order” has the meaning given by section 2(1) of the Smart Meters Act 2018; “smart meter communication licensee administration rules” means rules made under section 411 of the 1986 Act by virtue of section 159(3) of this Act, for the purpose of giving effect to this Chapter as applied by section 4 of the Smart Meters Act 2018;

“smart meter communication administrator” has the meaning given in section 10 of the Smart Meters Act 2018

“relevant licence” means either of the relevant licences within the meaning given by section 2(5) of the Smart Meters Act 2018.

modifications of the conditions of a gas or electricity licence held by a particular person;

modifications of the standard conditions of such licences of any type.

the holder of any licence being modified; and

such other persons as the Secretary of State considers appropriate.

make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time; and

publish the modifications in such manner as it considers appropriate.

in paragraph (f) omit the second “or”;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for “2011 or” substitute “ 2011, ”;

for “(power to amend licence conditions)” substitute “ or under section 6 of the Smart Meters Act 2018 ”.

references to a gas licence are to a licence for the purposes of section 5 of the Gas Act 1986 (prohibition on unlicensed activities relating to gas), and

references to an electricity licence are to a licence for the purposes of section 4 of the Electricity Act 1989 (prohibition on unlicensed activities relating to electricity).

so to modify the charges imposed by the licence holder for anything done by the licence holder in the carrying on of the licensed activities as to raise such amounts as may be determined by or under the conditions; and

to pay the amounts so raised to such persons as may be so determined for the purpose of—

there is a shortfall in the property available for meeting the expenses of a smart meter communication licensee administration if, in a case where a company is or has been subject to an smcl administration order, the property available (apart from conditions falling within subsection (1) or (2)) for meeting relevant debts is insufficient for meeting them; and

amounts are applied in making good that shortfall if they are paid in or towards discharging so much of a relevant debt as cannot be met out of the property otherwise available for meeting relevant debts.

to make payments in respect of the expenses or remuneration of any person as the smart meter communication administrator of that company;

to make a payment in discharge of a debt or liability of that company arising out of a contract entered into at a time when the order was in force by the person who at that time was the smart meter communication administrator of that company;

to repay the whole or a part of a grant made to that company under section 165 of the Energy Act 2004 as applied by section 4 of this Act;

to repay a loan made to the company under that section as so applied, or to pay interest on such a loan;

to make a payment under section 166(4) of that Act as so applied; or

to make a payment under section 167(5) of that Act as so applied.

sections 248 and 277 (amendments consequential on that Act); and

section 254 (power to apply insolvency law to foreign companies).

provide for insolvency legislation to apply in relation to any provision made by or under the smcl administration provisions;

make such modifications of insolvency legislation as the Secretary of State considers appropriate in relation to any provision made by or under the smcl administration provisions (including any insolvency legislation that is applied under paragraph (a)).

the Insolvency Act 1986,

Chapter 3 of Part 3 of the Energy Act 2004, and

any other provision that relates to insolvency, or makes provision by reference to anything that is or may be done under the Insolvency Act 1986, and is—

include references to a person appointed under paragraph 91 or 103 of Schedule B1 to the Insolvency Act 1986, as applied by Part 1 of Schedule 20 to the Energy Act 2004 and section 4 of this Act, to be the smart meter communication administrator of that company; and

where two or more persons are appointed to be the smart meter communication administrator of that company, are to be construed in accordance with the provision made under section 158(5) of the Energy Act 2004, as applied by section 4 of this Act.

the same meaning as in Part 1 of the Gas Act 1986 (see section 5(11) of that Act), in relation to holding of a licence under section 7AB of that Act by a company for which a smart meter communication administrator has been appointed;

the same meaning as in Part 1 of the Electricity Act 1989 (see section 4(3G) of that Act), in relation to the holding of a licence under section 6(1)(f) or (1A) of that Act by a company for which a smart meter communication administrator has been appointed.

modify a document maintained in accordance with an electricity licence, and

modify an agreement that gives effect to such a document,

power to make provision about the determination of amounts payable in connection with half-hourly electricity imbalances;

power to remove or replace all of the provisions of a document or agreement;

power to make different provision for different purposes;

power to make incidental, supplementary, consequential or transitional modifications.

publish a notice about the proposed modification,

send a copy of the notice to the persons listed in subsection (2), and

consider any representations made within the period specified in the notice about the proposed modification or the date from which it would take effect.

each relevant licence holder,

the Secretary of State,

Citizens Advice,

Consumer Scotland, and

such other persons as the Authority considers appropriate.

state that the Authority proposes to make a modification,

set out the proposed modification and its effect,

specify the date from which the Authority proposes that the modification will have effect, and

state the reasons why the Authority proposes to make the modification.

state that the Authority has decided to make the modification,

set out the modification and its effect,

specify the date from which the modification has effect,

state how the Authority has taken account of any representations made in the period specified in the notice under subsection (1), and

state the reason for any differences between the modification set out in the notice and the proposed modification.