Electricity Industry Act 2010

Electricity industry governance - Electricity Industry Participation Code - Making and amending Code

40: Urgent amendments to Code

You could also call this:

“Quick changes to electricity rules for important reasons”

The Authority can make quick changes to the Code if they think it’s really important for the public. They don’t have to follow the normal rules for making changes when it’s urgent.

When the Authority makes a quick change, they have to do a few things:

They need to publish the change and explain why it was so urgent. This helps you understand why they had to act quickly.

The change doesn’t have to follow some of the usual rules that other changes do. This means they can put it in place faster.

The quick change only lasts for 9 months. After that, it stops being in effect unless they decide to end it earlier.

These rules help the Authority make important changes quickly when they need to, but also make sure the changes don’t last forever without proper review.

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39: Consultation on proposed amendments, or

"The Authority must ask people what they think about planned changes to the Code"


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40A: Revocation of urgent amendments, or

"Cancelling emergency rule changes when they're no longer needed"

Part 2 Electricity industry governance
Electricity Industry Participation Code: Making and amending Code

40Urgent amendments to Code

  1. The Authority may amend the Code without complying with section 39(1) if the Authority considers that it is necessary or desirable in the public interest that the proposed amendment be made urgently.

  2. Every amendment made under this section—

  3. must be published (as required under section 33) with a statement of the Authority’s reasons why the urgent amendment is needed; and
    1. is not subject to section 38(4); and
      1. expires on the date that is 9 months after the date on which it comes into force, unless it is revoked earlier under section 40A.
        Compare
        Notes
        • Section 40(1): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
        • Section 40(2)(aa): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
        • Section 40(2)(a): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
        • Section 40(2)(b): replaced, on , by section 16 of the Electricity Industry Amendment Act 2022 (2022 No 46).
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