Electricity Regulation Act, 1999
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Procedures to be followed before modifying licences or authorisations. |
20.—(1) Subsections (2) to (6) shall apply to all modifications of a licence or an authorisation other than a modification made to give effect to an order under section 39 or 40 . | |
(2) Before modifying a licence or an authorisation the Commission shall issue a notice— | ||
(a) stating that it proposes to make such modification, | ||
(b) stating the nature of such modification and the reasons therefor, and | ||
(c) specifying the period (being not less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modification may be made. | ||
(3) The Commission shall consider any representations or objections which are made under subsection (2) and not withdrawn. | ||
(4) A notice under subsection (2) shall be given— | ||
(a) by publishing the notice in a newspaper circulating in the State, and | ||
(b) by serving a copy of the notice on the holder of the licence or authorisation. | ||
(5) The Commission shall send a copy of a notice issued under subsection (2) to the Minister who shall arrange, without undue delay, to provide a copy of the notice to the Oireachtas library. | ||
(6) Where, within the period specified in subsection (2) (c), no objections or representations are made or such objections or representations as are made in that period are subsequently withdrawn, the modification of the licence or authorisation concerned shall have effect accordingly. | ||
(7) Where objections or representations made within the period specified in subsection (2) (c) are not withdrawn— | ||
(a) the Commission may either accept or reject such objections or representations, in whole or in part, and the modification shall have effect accordingly, or | ||
(b) where it is satisfied that sufficient grounds exist to warrant a public hearing, the Commission may cause such a public hearing to be held. | ||
(8) Where the Commission rejects any objections or representations made under this section without a public hearing being held, the reasons for the rejection and the refusal of a public hearing shall be notified to the persons who made those objections or representations and the proposed modification shall be effected in accordance with section 22 (3). |