91A Grant of smart meter communication licences
(1) The Gas and Electricity Markets Authority may by regulations make provision about the procedure to be followed in relation to the grant of a smart meter communication licence.
(2) Regulations under subsection (1) may provide that the procedure is to consist of either (but not both) of the following—
(a) a determination by the Authority, on a competitive basis, of the person to whom a licence is to be granted;
(b) the selection by the Authority, on a non-competitive basis, of the person to whom a licence is to be granted.
(3) Regulations under subsection (1) may make provision by reference to a determination by the Authority or to the opinion of the Authority as to any matter.
(4) The approval of the Secretary of State is required for the making of regulations under subsection (1) .
(5) In this section and in sections 91B to 91D —
“ the Authority ” means the Gas and Electricity Markets Authority;
“ smart meter communication licence ” means a licence under section 7AB of the Gas Act 1986 or a licence under section 6 (1) (f) of the Electricity Act 1989 .
91B Regulations under section 91A (1) : further provision
(1) Regulations under section 91A (1) —
(a) must make provision so as to ensure that a smart meter communication licence must not be granted to a person unless the Authority is satisfied that the person would not, if granted the licence, have a financial or other interest likely to prejudice the discharge of their functions as the licence holder;
(b) may make provision about the granting of a licence to a person formed by the Authority.
(2) Any sums received by the Authority under regulations under section 91A (1) are to be paid into the Consolidated Fund.
(3) Regulations made in reliance on section 91A (2) (a) may—
(a) provide for the publication of a proposal to grant a smart meter communication licence;
(b) provide for the inclusion in such a proposal of an invitation to apply for such a licence;
(c) impose conditions in relation to the making of an application for a licence;
(d) impose restrictions in relation to persons who may apply for a licence;
(e) impose requirements as to the period within which applications must be made;
(f) make provision for regulating the manner in which applications are to be considered or determined;
(g) confer on the Authority functions in connection with tender exercises.
(4) Regulations in reliance on section 91A (2) (a) may also include provision—
(a) enabling the Authority to require payments to be made, in the form and manner prescribed, in respect of costs incurred or likely to be incurred by the Authority for the purposes of a tender exercise;
(b) about the effect on a person’s participation in a tender exercise of a failure to comply with a requirement imposed by virtue of paragraph (a) ;