Office of Public Sector Information
PART I continued
(2) Subject to subsection (3) below, it shall be the duty of the Director to refer to a consumers' committee any matter which—
(a) appears to the Director to be a relevant matter; and
(b) is the subject of a representation (other than one appearing to the Director to be frivolous) made to the Director by or on behalf of a person appearing to the Director to have an interest in that matter.
(3) Nothing in subsection (2) above shall require the Director to refer to a consumers' committee any matter in respect of which he is already considering exercising functions under this Part.
(4) Where on an investigation under subsection (1) above any matter appears to a consumers' committee to be a matter in respect of which it would be appropriate for the Director to exercise any functions under this Part, the committee shall refer that matter to the Director with a view to his exercising those functions with respect to that matter.
(5) In this section “relevant matter”, in relation to a consumers' committee, means any matter (other than an enforcement matter)—
(a) in respect of which any functions of the Director under this Part are or may be exercisable; and
(b) which relates to a public electricity supplier allocated to the committee or to any other person authorised by a licence to supply electricity in that committee’s area.
(1) It shall be the duty of the Director, so far as it appears to him practicable from time to time to do so—
(a) to keep under review the carrying on both in Great Britain and elsewhere of activities to which this subsection applies; and
(b) to collect information with respect to those activities, and the persons by whom they are carried on, with a view to facilitating the exercise of his functions under this Part;
and this subsection applies to any activities connected with the generation, transmission and supply of electricity, including in particular activities connected with the supply to any premises of heat produced in association with electricity and steam produced from and air and water heated by such heat.
(2) The Secretary of State may give general directions indicating—
(a) considerations to which the Director should have particular regard in determining the order of priority in which matters are to be brought under review in performing his duty under subsection (1)(a) or (b) above; and
(b) considerations to which, in cases where it appears to the Director that any of his functions under this Part are exercisable, he should have particular regard in determining whether to exercise those functions.
(3) It shall be the duty of the Director, where either he considers it expedient or he is requested by the Secretary of State or the Director General of Fair Trading to do so, to give information, advice and assistance to the Secretary of State or that Director with respect to any matter in respect of which any function of the Director under this Part is exercisable.
(4) It shall be the duty of the Director to make such arrangements as he considers appropriate—
(a) for the provision of information by him to consumers' committees; or
(b) for facilitating the provision of information by consumers' committees to other such committees.
(1) The Director may arrange for the publication, in such form and in such manner as he considers appropriate, of such information and advice as it may appear to him expedient to give to customers or potential customers of persons authorised by a licence to supply electricity.
(2) In arranging for the publication of any such information or advice the Director shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 42(5)(a) and (b) above.
(3) The Director General of Fair Trading shall consult the Director before publishing under section 124 of the 1973 Act any information or advice which may be published by the Director under this section.
(1) The Director shall, at such premises and in such form as he may determine, maintain a register for the purposes of this Part.
(2) Subject to subsection (3) and to any direction given under subsection (4) below, the Director shall cause to be entered in the register the provisions of—
(a) every licence and every exemption granted to a particular person;
(b) every modification or revocation of a licence;
(c) every direction or consent given or determination made under a licence; and
(d) every final or provisional order, every revocation of such an order and every notice under section 25(6) above.
(3) In entering any provision in the register, the Director shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 42(5)(a) and (b) above.
(4) If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest or the commercial interests of any person, he may direct the Director not to enter that provision in the register.
(5) The contents of the register shall be available for inspection by the public during such hours and subject to the payment of such fee as may be specified in an order made by the Secretary of State.
(6) Any person may, on the payment of such fee as may be specified in an order so made, require the Director to supply him with a copy of, or extract from, any part of the register, being a copy or extract which is certified by the Director to be a true copy or extract.
(7) Any sums received by the Director under this section shall be paid into the Consolidated Fund.
(1) The Director shall, as soon as practicable after the end of the year 1989 and of each subsequent calendar year—
(a) make to the Secretary of State a report on—
(i) his activities during that year; and
(ii) the Monopolies Commission’s activities during that year so far as relating to references made by him; and
(b) send a copy of that report to the chairman and members of each of the consumers' committees.
(2) Every such report shall—
(a) include a general survey of developments, during the year to which it relates, in respect of matters falling within the scope of the Director’s functions;
(b) set out any final or provisional orders made by the Director during that year;
(c) set out any general directions given to the Director during that year under section 47(2) above;
(d) include a general survey of the activities during that year of the consumers' committees and a summary of any reports made to him by those committees under section 52 below; and
(e) include a general survey of the activities during the year of the National Consumers' Consultative Committee.
(3) The Secretary of State shall lay a copy of every report made by the Director under subsection (1) above before each House of Parliament and shall arrange for copies of every such report to be published in such manner as he considers appropriate.
(4) The Director shall also make to the Secretary of State—
(a) such reports with respect to the matters mentioned in subsection (2)(a) above as the Secretary of State may from time to time require; and
(b) such other reports with respect to those matters as may appear to him to be expedient;
and the Director shall, if the Secretary of State so directs, arrange for copies of any report made under this subsection to be published in such manner as is specified in the direction.
(5) In making or preparing any report under this section the Director shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 42(5)(a) and (b) above.
(6) Section 125(1) of the 1973 Act (annual and other reports) shall not apply to activities of the Monopolies Commission on which the Director is required to report by this section.
It shall be the duty of each consumers' committee—
(a) to make representations to and consult with each public electricity supplier allocated to the committee about all such matters as appear to the committee to affect the interests of customers or potential customers of that supplier;
(b) to keep under review matters affecting the interests of consumers of electricity supplied to premises in the committee’s area; and
(c) to advise the Director on any matter relating to the supply of electricity in that area on which they consider they should offer advice or which is referred to them by the Director.
(1) Each consumers' committee—
(a) shall make a report to the Director on any such matter as he may require; and
(b) may make a report to the Director concerning any matter which appears to the committee to affect the interests of customers or potential customers of a public electricity supplier allocated to the committee.
(2) Each consumers' committee shall at least once in every year, and whenever directed to do so by the Director, make a report to him on their activities; and every such report shall include a statement of the matters on which, during the period to which it relates, the committee have advised the Director under section 51 above.
(3) The Director may arrange for a report made to him under this section to be published in such manner as he considers appropriate.
(4) In publishing any report under this section the Director shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 42(5)(a) and (b) above.
(1) There shall be a committee, to be known as the National Consumers' Consultative Committee, of which the Director shall be chairman and the ordinary members shall be the persons who for the time being hold office as chairmen of consumers' committees.
(2) The Committee shall meet at least four times a year and shall be under a duty—
(a) to keep under review matters affecting the interests of consumers of electricity generally; and
(b) to facilitate the exchange of information relating to such matters between the Director, the ordinary members and their respective consumers' committees.
The following Councils, namely—
(a) the Electricity Consumers' Council;
(b) the Consultative Councils established under section 7 of the [1947 c. 54.] Electricity Act 1947 for the areas of Area Boards; and
(c) the Consultative Councils established under section 7A of that Act for the districts of Scottish Boards,
shall cease to exist.
(1) The Secretary of State may pay to the persons who immediately before the commencement of section 54 above are the chairmen of the Councils ceasing to exist by virtue of that section such sums by way of compensation for loss of office, or loss or diminution of pension rights, as the Secretary of State may with the approval of the Treasury determine.
(2) The Secretary of State may also pay to persons who immediately before the commencement of section 54 above are officers of the Councils ceasing to exist by virtue of that section such sums by way of compensation for loss of employment, or loss or diminution of remuneration or pension rights, as the Secretary of State may with the approval of the Treasury determine.
(3) Any sums required by the Secretary of State for making payments under this section shall be paid out of money provided by Parliament.
(1) This section applies to any person who—
(a) immediately before the date on which section 54 above comes into force is an officer of one of the Councils ceasing to exist by virtue of that section (in this section referred to as his “former employer”); and
(b) within four weeks after that date, is employed by one of the successor companies or the Director (in this section referred to as his “new employer”) in pursuance of an offer made before that date;
and in this subsection “successor company” has the same meaning as in Part II.
(2) A person to whom this section applies shall not be entitled, by reason of the termination of his employment with his former employer, to receive any redundancy payment under Part VI of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978.
(3) Schedule 13 to the said Act of 1978 (computation of period of employment) shall have effect in relation to a person to whom this section applies as if it included the following provisions, that is to say—
(a) the period of his employment with his former employer shall count as a period of employment with his new employer; and
(b) the change of employer shall not break the continuity of the period of employment.
(4) Where this section applies to a person, the period of his employment with his former employer shall count as a period of employment with his new employer for the purposes of any provision of his contract of employment with his new employer which depends on his length of service with that employer.
(1) Subject to the following provisions of this section, no information with respect to any particular business which—
(a) has been obtained under or by virtue of any of the provisions of this Part; and
(b) relates to the affairs of any individual or to any particular business,
shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
(2) Subsection (1) above does not apply to any disclosure of information which is made—
(a) for the purpose of facilitating the carrying out by the Secretary of State, the Director or the Monopolies Commission of any of his or, as the case may be, their functions under this Part;
(b) for the purpose of facilitating the carrying out by—
(i) any Minister of the Crown;
(ii) the Director General of Fair Trading;
(iii) the Monopolies Commission;
(iv) the Comptroller and Auditor General;
(v) the Director General of Telecommunications;
(vi) the Director General of Gas Supply;
(vii) the Director General of Water Supply;
(viii) the Civil Aviation Authority;
(ix) the Insolvency Practitioners Tribunal; or
(x) a local weights and measures authority in Great Britain,
of any of his or, as the case may be, their functions under any of the enactments or instruments specified in subsection (3) below;
(c) for the purpose of enabling or assisting the Secretary of State to exercise any powers conferred on him by the [1986 c. 60.] Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency or for the purpose of enabling or assisting any inspector appointed by him under the enactments relating to companies to carry out his functions;
(d) for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the [1986 c. 45.] Insolvency Act 1986 to carry out its functions as such;
(e) for the purpose of facilitating the carrying out by the Health and Safety Executive of any of their functions under any enactment;
(f) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
(g) for the purposes of any civil proceedings brought under or by virtue of this Part or any of the enactments or instruments specified in subsection (3) below; or
(h) in pursuance of a Community obligation.
(3) The enactments and instruments referred to in subsection (2) above are—
(a) the [1968 c. 29.] Trade Descriptions Act 1968;
(b) the 1973 Act;
(c) the [1974 c. 39.] Consumer Credit Act 1974;
(d) the [1976 c. 34.] Restrictive Trade Practices Act 1976;
(e) the [1976 c. 53.] Resale Prices Act 1976;
(f) the [1979 c. 38.] Estate Agents Act 1979;
(g) the 1980 Act;
(h) the [1983 c. 44.] National Audit Act 1983;
(i) the [1984 c. 12.] Telecommunications Act 1984;
(j) the [1986 c. 31.] Airports Act 1986;
(k) the [1986 c. 44.] Gas Act 1986;
(l) the Insolvency Act 1986;
(m) the [1987 c. 43.] Consumer Protection Act 1987;
(n) the [1989 c. 15.] Water Act 1989;
(o) any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.
(4) The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.
(5) Nothing in subsection (1) above shall be construed—
(a) as limiting the matters which may be published under section 42 or 48 above or may be included in, or made public as part of, a report of the Director, the Monopolies Commission or a consumers' committee under any provision of this Part; or
(b) as applying to any information which has been so published or has been made public as part of such a report.
(6) Any person who discloses any information in contravention of this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(1) The Secretary of State may give to any person who is authorised by a licence to transmit electricity (“the authorised person”) such directions as appear to the Secretary of State to be requisite or expedient for the purpose of securing that, in any case where subsection (2) below applies, neither the person by whom the information mentioned in that subsection is acquired nor any other person obtains any unfair commercial advantage from his possession of the information.
(2) This subsection applies where, in the course of any dealings with an outside person who is, or is an associate of, a person authorised by a licence or exemption to generate, transmit or supply electricity, the authorised person or any associate of his is furnished with or otherwise acquires any information which relates to the affairs of that outside person or any associate of his.
(3) As soon as practicable after giving any directions under subsection (1) above, the Secretary of State shall publish a copy of the directions in such manner as he considers appropriate for the purpose of bringing the directions to the attention of persons likely to be affected by a contravention of them.
(4) The obligation to comply with any directions under subsection (1) above is a duty owed to any person who may be affected by a contravention of them.
(5) Where a duty is owed by virtue of subsection (4) above to any person any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person.
(6) In any proceedings brought against any person in pursuance of subsection (5) above, it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the directions.
(7) Without prejudice to any right which any person may have by virtue of subsection (5) above to bring civil proceedings in respect of any contravention or apprehended contravention of any directions under this section, compliance with any such directions shall be enforceable by civil proceedings by the Secretary of State for an injunction or interdict or for any other appropriate relief.
(8) In this section—
“dealings” includes dealings entered into otherwise than for purposes connected with the transmission of electricity;
“outside person”, in relation to any person, means any person who is not an associate of his;
and for the purposes of this section a person is an associate of another if he and that other are connected with each other within the meaning of section 839 of the [1988 c. 1.] Income and Corporation Taxes Act 1988.
(1) If any person, in giving any information or making any application under or for the purposes of any provision of this Part, or of any regulations made under this Part, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(2) Any person who seeks to obtain entry to any premises by falsely pretending to be—
(a) an employee of a public electricity supplier;
(b) an electrical inspector; or
(c) a meter examiner,
shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) No proceedings shall be instituted in England and Wales in respect of an offence under subsection (1) above except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
(1) Regulations made under any provision of this Part may provide for the determination of questions of fact or of law which may arise in giving effect to the regulations and for regulating (otherwise than in relation to any court proceedings) any matters relating to the practice and procedure to be followed in connection with the determination of such questions, including provision—
(a) as to the mode of proof of any matter;
(b) as to parties and their representation;
(c) for the right to appear before and be heard by the Secretary of State, the Director and other authorities; and
(d) as to awarding costs or expenses of proceedings for the determination of such questions, including the amount of the costs or expenses and the enforcement of the awards.
(2) Regulations made under any provision of this Part which prescribe a period within which things are to be done may provide for extending the period so prescribed.
(3) Regulations made under any provision of this Part may—
(a) provide for anything falling to be determined under the regulations to be determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be prescribed by the regulations;
(b) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
(c) make such supplemental, consequential and transitional provision as the Secretary of State or, as the case may be, the Director considers appropriate.
(1) Subsection (2) below applies where a licence holder makes an application to the Secretary of State for his consent under section 36 above for the construction or extension of a generating station and, for a purpose connected with the proposed construction or extension of that station, makes either or both of the following, namely—
(a) a compulsory purchase order; and
(b) an application to the Secretary of State for authorisation under paragraph 1 of Schedule 5 to this Act (water rights for hydro-electric generating stations in Scotland).
(2) The proceedings which—
(a) in the case of a compulsory purchase order, are required by Part II of the [1981 c. 67.] Acquisition of Land Act 1981 or Schedule 1 to the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 to be taken for the purpose of confirming that order;
(b) in the case of an application under paragraph 1 of Schedule 5 to this Act, are required by paragraphs 7 to 12 of that Schedule to be taken in relation to that application,
may be taken concurrently (so far as practicable) with the proceedings required by Schedule 8 to this Act to be taken in relation to the application for consent under section 36 above.
(3) Subsection (4) below applies where a licence holder makes an application to the Secretary of State for his consent under section 37 above for the installation of an electric line above ground and, for a purpose connected with the proposed installation of that line, makes one or more of the following, namely—
(a) a compulsory purchase order;
(b) an application to the Secretary of State under paragraph 6 of Schedule 4 to this Act for a necessary wayleave; and
(c) a reference to the Secretary of State under paragraph 9 (felling and lopping of trees) of that Schedule.
(4) The proceedings which—
(a) in the case of a compulsory purchase order, are required by Part II of the Acquisition of Land Act 1981 or Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 to be taken for the purpose of confirming that order;
(b) in the case of an application under paragraph 6 of Schedule 4 to this Act, are required by that paragraph to be taken in relation to that application;
(c) in the case of a reference under paragraph 9 of that Schedule, are required by that paragraph to be taken in relation to that reference,
may be taken concurrently (so far as practicable) with the proceedings required by Schedule 8 to this Act to be taken in relation to the application for consent under section 37 above.
(5) Where, for a purpose connected with the proposed installation of an electric line, a licence holder makes—
(a) an application to the Secretary of State under paragraph 6 of Schedule 4 to this Act for the necessary wayleave; and
(b) a reference to the Secretary of State under paragraph 9 of that Schedule,
the proceedings required by the said paragraph 9 to be taken in relation to the reference under that paragraph may be taken concurrently (so far as practicable) with the proceedings required by the said paragraph 6 to be taken in relation to the application under that paragraph.
(1) The Secretary of State may cause an inquiry to be held in any case where he considers it advisable to do so in connection with any matter arising under this Part other than a matter in respect of which any functions of the Director under section 25 above are or may be exercisable.
(2) The provisions of subsections (2) to (5) of section 250 of the [1972 c. 70.] Local Government Act 1972 or subsections (2) to (8) of section 210 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall apply in relation to any inquiry held under this Part as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.
(3) Where—
(a) an inquiry is to be held under this Part in connection with any matter; and
(b) in the case of some other matter required or authorised (whether by this Part or by any other enactment) to be the subject of an inquiry (“the other inquiry”), it appears to the relevant Minister or Ministers that the matters are so far cognate that they should be considered together,
the relevant Minister or Ministers may direct that the two inquiries be held concurrently or combined as one inquiry.
(4) In subsection (3) above “the relevant Minister or Ministers” means the Secretary of State or, where causing the other inquiry to be held is a function of some other Minister of the Crown, the Secretary of State and that other Minister acting jointly.
(1) No power (whether a power of compulsory acquisition or other compulsory power, a power to carry out works or a power of entry) which is conferred by or under this Part shall, except with the consent of the appropriate authority, be exercisable in relation to any land in which there is a Crown or Duchy interest, that is to say, an interest—
(a) belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall; or
(b) belonging to a government department or held in trust for Her Majesty for the purposes of a government department.
(2) A consent given for the purposes of subsection (1) above may be given on such financial and other conditions as the appropriate authority giving the consent may consider appropriate.
(3) Subject to subsection (1) above, the provisions of this Part shall have effect in relation to land in which there is a Crown or Duchy interest as they have effect in relation to land in which there is no such interest.
(4) In this section “the appropriate authority”—
(a) in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;
(b) in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land;
(c) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of that Duchy;
(d) in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of that Duchy, appoints;
(e) in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department;
and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.
Electricity Act 1989