Schedule 9: Independent System Operator and Planner: transfers Schedule 19: Licensing of activities relating to load control Section 56FBB: Regulations made under section 56FBA
This section sets out the procedure with which the Secretary of State must comply when making regulations under section 56FBA. For example, it obliges the Secretary of State to consult the Authority and others as appropriate before making the regulations. The section states that the power to make regulations cannot be exercised after the end of a period of seven years, beginning when the first regulations come into force. Regulations to introduce a new licensable activity are subject to the affirmative resolution procedure.
	This section also amends section 56FC(2) of the Electricity Act 1989 to give the Secretary of State power to make regulations providing for the award of a licence through competitive tender to a person who will provide these centralised services by extending the existing relevant power within the Electricity Act to include load control activities. The Secretary of State may wish to ensure the establishment of a centralised body that will provide data and/or communication services to all of those who hold licences in relation to the provision of load control, and through which communications with relevant smart devices must or may be made.
	It also amends section 106(2) of the Electricity Act to exempt new licensable activities regulations from being subject to the negative parliamentary process (since they are instead subject to the affirmative process by virtue of 56FBB(3)).