ELECTRICITY Citation, commencement and transitional provision 1 1 These Regulations may be cited as the Electricity (Applications for Licences, Modification of an Area and Extensions and Restrictions of Licences) Regulations 2004 and shall come into force on 21st October 2004. 2 Where an original application is outstanding at the date these Regulations come into force— a the applicant shall provide to the Authority any information required by these Regulations in addition to the information included in the original application or a statement to the effect that it reasonably believes that no further information would be required by the Authority; and b if the applicant provides the information referred to in sub-paragraph (a), the original application will be taken to be an application under these Regulations. Revocation 2 Subject to Regulation 1, the Electricity (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2001 and the Electricity (Applications for Licences and Extensions and Restrictions of Licences) (Amendment) Regulations 2003 are hereby revoked. Interpretation 3 1 In these Regulations— “the 2000 Act ” means the Utilities Act 2000 ; “the 2004 Act ” means the Energy Act 2004 ; “ the Act ” means the Electricity Act 1989; “application” means an application for a licence, an application for a modification of an area of a licence, an application for an extension of a licence or an application for a restriction of a licence under the Act; and references to an application in respect of a licence shall be construed accordingly; “the Authority” means the Gas and Electricity Markets Authority established by section 1 of the 2000 Act; “distribution licence” means a licence granted or to be granted under section 6(1)(c) of the Act; “domestic premises” means premises used wholly or mainly for domestic purposes; “extension” in relation to a supply licence, means an extension of the licence under section 6(4) of the Act and, in relation to a distribution licence, means an extension of the licence under section 6(6) of the Act; “generation licence” means a licence granted or to be granted under section 6(1)(a) of the Act; “modification of an area” in relation to a transmission licence, means a modification of an area of the licence under section 6(6B) of the Act; “original application” means an application made under the Electricity (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2001 as amended by the Electricity (Applications for Licences and Extensions and Restrictions of Licences) (Amendment) Regulations 2003; “restriction” in relation to a supply licence, means a restriction of the licence under section 6(4) of the Act and, in relation to a distribution licence, means a restriction of the licence under section 6(6) of the Act, and, only in relation to a transmission licence for the purpose of Regulation 8(4) and Part II of Schedule 2 of these Regulations, means a modification of an area of the licence under section 6(6B) of the Act by a restriction of the area of the licence; “supply licence” means a licence granted or to be granted under section 6(1)(d) of the Act; “transmission licence” means a licence granted or to be granted under section 6(1)(b) of the Act; and “ultimate holding company” means a holding company (within the meaning of sections 736, 736A and 736B of the Companies Act 1985 ) of the licensee which is not itself a subsidiary of another company; which is in the position to control, or exercise significant influence over, a policy of the licensee by virtue of rights under contractual arrangements or rights of ownership which are held by the company or of which the company is a beneficiary. 2 In these Regulations, unless the context otherwise requires, a reference to a standard condition is a reference to a standard condition in relation to licences under sections 6(1)(a), (b), (c) and (d) of the Act which is determined under section 33(1) of the 2000 Act or section 137(1) of the 2004 Act, subject to such modifications of the standard conditions made under Part I of the Act, the 2000 Act, or the 2004 Act after the determination under those sections. 3 Unless the context otherwise requires, other expressions appearing in these Regulations shall have the same meaning, if any, as they have in Part I of the Act. 4 In these Regulations, unless the context otherwise requires— a any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations; and b any reference to a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference occurs. Manner of Application 4 An application shall be— a made in writing, addressed to the Authority and delivered or sent by prepaid post to the Authority at its principal office; and b signed and dated by or on behalf of the applicant, stating, where signed on behalf of the applicant, the capacity of the signatory. Form of application 5 An application shall be in the form specified in Schedule 1 or a form to the like effect, and shall contain the information there specified. Additional information and documents to accompany application 6 1 Subject to paragraphs (2) and (3)— a an application in respect of a generation licence shall be accompanied by the information and documents specified in Part 1 of Schedule 2; b an application in respect of a transmission licence shall be accompanied by the information and documents specified in Part 2 of Schedule 2; c an application in respect of a distribution licence shall be accompanied by the information and documents specified in Part 3 of Schedule 2; and d an application in respect of a supply licence shall be accompanied by the information and documents specified in Part 4 of Schedule 2. 2 The obligation imposed by paragraph 6(1) shall, to the extent that information and documents are specified in Schedule 2 by reference to, or in relation to, a standard condition, apply— a subject to paragraph 6(3), in the case of an application for a licence, as if the standard condition in question were to be included and have effect in any licence granted as a result of the application; and b in the case of an application for a modification of an area, or for an extension or restriction of a licence, in relation to such of the standard conditions in question as have been included and have effect in that licence. 3 Where a modification to any standard condition is requested in accordance with paragraph 3 of Schedule 1, the obligation imposed by paragraph (2)(a) above shall be modified accordingly. Application fees 7 1 Subject to paragraph (2), each application of the description specified in the first column of the Table in Schedule 3 shall be accompanied by the corresponding fee specified in the second column of that Table. 2 Where more than one fee would, but for this paragraph, be payable in respect of a particular application, only the higher or highest such fee, as the case may be, shall be payable. Notice of application 8 1 The period prescribed for the purpose of section 6A(3) of the Act (notice of applications) is ten working days (“the prescribed period”). 2 The applicant shall publish the notice of application within the prescribed period either by— a requesting the Authority to place the notice on the website address of the Authority (at “ www.ofgem.gov.uk ” or such other website address as may be notified to the applicant by the Authority in writing); or b publishing the notice on the website address of the applicant and requesting the Authority to place a link to the applicant’s website address on the website address of the Authority (at “ www.ofgem.gov.uk ” or such other website address as may be notified to the applicant by the Authority in writing). 3 In the event that it is not practicable to publish the notice of application as specified in paragraph (2) above, the Authority may specify by notice in writing an alternative means of publication. 4 Where an application is for the restriction of a licence, the applicant shall also ensure that notice of application is published within the prescribed period in such newspapers as are calculated to ensure that the notice is circulated throughout the area to which the proposed restriction relates. The seal of the Gas and Electricity Markets Authority here affixed is authenticated by the signature of J.S. Neilson, A member of the Authority 22nd September 2004