s.23Procedure for the grant of a licence
23
Section 23Part 3 — Licensing

Procedure for the grant of a licence

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

Subject to section 9(2)(q), no person shall generate, transmit, distribute or deliver electricity for reward unless licensed under this Law.
Subject to this Law, the Office may grant a generation licence or a T&D licence to any person, upon such terms and conditions as it shall deem appropriate.
An applicant for a licence under this section shall submit an application to the Office in the form, and accompanied by such application fee, as the Office shall prescribe from time to time which fee shall be credited against the licence fee payable by the successful applicant.
Before granting a licence under this section, the Office shall —
ensure that the applicant possesses the financial capacity, industry experience and technical qualifications necessary to perform fully the obligations attached to the licence for which the applicant is applying;
ensure that the applicant intends to commence performance of those obligations within a reasonable period of time; and
take into account —
whether, during the term of any current or prior licence or authorisation granted in respect of the Islands or any other jurisdiction, the applicant has complied with all terms, conditions, specifications and requirements of any licence or authorisation, order, directive, rule or regulation pertaining to such licence or authorisation;
the safety and security of the electricity transmission and distribution system and generating station;
the protection of the environment generally including plans for the limitation of emissions to the atmosphere, water or land;
whether any site or sites proposed for a generating station or T&D system and any associated land use is appropriate in all the circumstances;
the efficiency of the proposed generation or transmission and distribution system;
the nature of the primary source of energy to be used by a generating station (which shall in no circumstance include the use of nuclear fission for the generation of electricity);
whether the persons directly associated with the application are fit and proper persons to be granted a licence;
whether the best interests of consumers will be promoted or enhanced;
whether the aim of achieving sustainable competition for additional electricity generation in each of the Islands may be promoted or enhanced;
whether research, development and introduction of methods of generating electricity using renewable or alternative forms of energy and methods of increasing efficiency in the use and production of electricity will be promoted or enhanced; and
whether the security and public interests of the Islands will be preserved and protected.
For the purposes of this section, in determining whether a person is a fit and proper person, regard shall be had to all circumstances, including evidence of that person's —
honesty, integrity and reputation;
experience, reliability, competence and capability; and
financial capacity and soundness.
Upon the grant of a licence, the Office shall monitor the licensee to ensure that it complies and continues to comply with the terms, conditions and requirements of its licence.
Every T&D licensee shall offer to deliver electricity to any member of the public who may request such delivery without discrimination against or preference to such person.
Upon the grant of any licence the licence fee in respect thereof shall be payable quarterly in arrears to the Office by the licensee.
Subject to section 75(1), a person who performs any of the activities requiring a licence otherwise than for their own use or consumption, without being in possession of a valid licence issued by the Office to do so, is commits an offence and is liable —
on summary conviction to a fine of ten thousand dollars; or
on conviction on indictment to a fine of twenty thousand dollars, for each day the offence continues after the date it first occurred.
No licensee is required to be licensed under the Trade and Business Licensing Law (2019 Revision), and all licensees shall be exempt from the Local Companies (Control) Law (2019 Revision).

Cross References

Referenced By