Part 4: Final ProvisionsCommentary on Sections Section 33: Licence modifications etc
147.This section contains additional provision about the modification of licences under the powers in the Energy Act. In relation to the power to make modifications conferred by section 12(1), section 18(1) or section 25(1), subsections (3) and (4) allow flexibility for the Secretary of State to exercise the power either generally, in relation solely to specified cases or subject to exceptions. Where the Secretary of State modifies a standard licence condition, Ofgem must incorporate the same modification in the standard conditions of licences subsequently granted and publish the modification (subsection (7)). Subsection (6) provides that the modification of part of a standard licence condition does prevent any other part of condition being regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986 and Electricity Act 1989.
148.The Secretary of State must publish the details of any modifications made as soon as reasonably practicable (subsection (5)). This requirement also applies in relation to modifications under section 23(7) (subsection (2)).