s 12 Modification of conditions of electricity licence
12.—(1) Subject to this section, the Authority may modify the conditions of an electricity licence. (2) The Authority must not modify any condition of an electricity licence unless the Authority is satisfied that the modification is requisite or expedient having regard to the functions and duties of the Authority under section 3. (3) Before making any modification to the conditions of an electricity licence under this section, the Authority must give notice to the electricity licensee concerned and other electricity licensees likely to be affected by the proposed modification —(a) stating that the Authority proposes to make a modification in the manner specified in the notice; (b) stating the reasons why the Authority proposes to make the modification, including whether the need for the modification was the subject of a prior representation made by a third party or the electricity licensee concerned; and (c) specifying the period from the date of the giving of the notice (not being less than 28 days) within which written representations with respect to the proposed modification may be made. (4) Where the Authority receives any written representation under subsection (3), the Authority must consider such representation and may —(a) reject the representation; or (b) withdraw or amend the proposed modification in accordance with the representation or otherwise, and, in either event, it must thereupon issue a written direction to the electricity licensee concerned requiring that effect be given to the proposed modification specified in the notice (if any) or to such modification as may be subsequently amended by the Authority, within a reasonable time. (5) Any electricity licensee who is aggrieved by a decision of the Authority under subsection (4) may, within 14 days of the receipt by it of the direction of the Authority, appeal to the Appeal Panel under Part 8. (6) The Authority must not enforce a direction given under subsection (4) —(a) during the period referred to in subsection (3)(c) unless the electricity licensee concerned consents to the modification referred to under subsection (3)(a) taking effect before the end of such period; and (b) whilst the appeal of any electricity licensee is under consideration by the Appeal Panel. (7) If no written representation is received by the Authority within the period specified in subsection (3)(c) or if any written representation made under that subsection is subsequently withdrawn, the Authority may forthwith carry out the modification as specified in the notice given under that subsection.