Office of Public Sector Information
PART I continued
(1)Any dispute arising under section 33A or 33AA or regulations made under either of those sections—
(a)may be referred to the Authority by either party or, with the agreement of either party, by the Council; and
(b)on such a reference, shall be determined by order made by the Authority or, if it thinks fit, by such person (other than the Council) as may be prescribed.
(2)A person making an order under subsection (1) shall include in the order his reasons for reaching his decision with respect to the dispute.
(3)The practice and procedure to be followed in connection with any such determination shall be such as may be prescribed.
(4)An order under subsection (1) shall be final and shall be enforceable—
(a)in England and Wales, as if it were a judgment of a county court; and
(b)in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.
(5)In this section “prescribed” means prescribed by regulations made by the Authority with the consent of the Secretary of State.]
F1S. 33AB inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 90(2); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
(1)The Director may from time to time—
(a)determine such standards of overall performance in connection with the provision of gas supply services by [F2gas suppliers] as, in his opinion, ought to be achieved by them; and
(b)arrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined.
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(3)Different standards may be determined for different gas suppliers if the Director is of the opinion that the differences are such that no gas supplier would be unduly disadvantaged in competing with other gas suppliers.
(3A)Standards may be determined either as respects the provision of gas supply services generally or as respects the provision of such services to customers of a particular class or description.]
(4)It shall be the duty of every [F5gas supplier] to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this section.]
F1Cross heading, ss. 33A and 33B inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 11; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.
F2Words in s. 33B(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 35(1); S.I. 1996/218, art. 2
F3S. 33B(2) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F4S. 33B(3)(3A) substituted for s. 33B(3) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 35(3); S.I. 1996/218, art. 2
F5Words in s. 33B(4) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 35(4); S.I. 1996/218, art. 2
(1)The Authority may from time to time—
(a)determine such standards of overall performance in connection with the activities of gas transporters as, in its opinion, ought to be achieved by them; and
(b)arrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined.
(2)Different standards may be determined for different gas transporters if the Authority is of the opinion that the differences are such that no gas transporter would be unduly disadvantaged in competing with other gas transporters.
(3)It shall be the duty of every gas transporter to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this section.]
F1S. 33BA inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 91; S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
(1)Before prescribing standards of performance in regulations under section 33A or 33AA, or determining standards of performance under section 33B or 33BA, the Authority shall—
(a)arrange for such research as the Authority considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and consider the results;
(b)publish a notice of its proposals in accordance with subsections (2) and (3) and consider any representations which are duly made in respect of those proposals; and
(c)consult the Council and other persons or bodies mentioned in subsection (4).
(2)The notice required by subsection (1)(b) is a notice—
(a)stating that the Authority proposes to prescribe or determine standards of performance and setting out the standards of performance proposed;
(b)stating the reasons why it proposes to prescribe or determine those standards of performance; and
(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposals may be made.
(3)A notice required by subsection (1)(b) shall be published in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of those likely to be affected by the proposals.
(4)The persons or bodies to be consulted by the Authority under subsection (1)(c) are—
(a)gas suppliers (in the case of standards of performance under section 33A or 33B) or gas transporters and gas suppliers (in the case of standards of performance under section 33AA or 33BA); and
(b)persons or bodies appearing to the Authority to be representative of persons likely to be affected by the regulations or determination.
(5)The Authority shall make arrangements for securing that notices under subsection (1)(b), regulations under section 33A or 33AA and determinations under section 33B or 33BA are made available to the public by whatever means it considers appropriate.]
F1s. 33BAA inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 92; S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
(1)The Secretary of State may by order impose—
(a)on each gas transporter (or each gas transporter of a specified description); and
(b)on each gas supplier (or each gas supplier of a specified description),
an obligation to achieve, within a specified period and in accordance with the order, the energy efficiency target to be determined by the Authority under the order for that transporter or supplier (and that obligation is referred to in this section as an “energy efficiency obligation”).
(2)In this section “energy efficiency target” means a target for the promotion of improvements in energy efficiency, that is to say, efficiency in the use by consumers of gas conveyed through pipes, electricity or any other source of energy which is specified in the order.
(3)An order under this section may specify criteria by reference to which the Authority is to determine energy efficiency targets for the gas transporters and gas suppliers on whom obligations are imposed by the order.
(4)The Secretary of State and the Authority shall carry out their respective functions under this section in the manner he or it considers is best calculated to ensure that no gas transporter is unduly disadvantaged in competing with other gas transporters and no gas supplier is unduly disadvantaged in competing with other gas suppliers.
(5)The order may make provision generally in relation to the energy efficiency obligations which it imposes, including in particular provision—
(a)as to the treatment of persons who become gas transporters or gas suppliers after the beginning of the period to which the order relates;
(b)as to the action which qualifies for the purpose of meeting the whole or any part of an energy efficiency target;
(c)as to the method by which improvements in energy efficiency attributable to any qualifying action are to be assessed;
(d)requiring transporters and suppliers to give to the Authority specified information, or information of a specified nature, about their proposals for complying with their energy efficiency obligations;
(e)requiring the Authority to determine—
(i)whether any proposed action qualifies for the purpose of achieving the whole or any part of a person’s energy efficiency target; and
(ii)if so, what improvement in energy efficiency is to be attributed for that purpose to the proposed action or to any result of that action specified in the determination; and
(f)requiring transporters or suppliers to produce to the Authority evidence of a specified kind demonstrating that they have complied with their energy efficiency obligations.
(6)The order may make provision authorising the Authority to require a transporter or supplier to provide it with specified information, or information of a specified nature, relating to—
(a)his proposals for complying with his energy efficiency obligation; or
(b)the question whether he has complied with that obligation.
(7)The order may make provision as to circumstances in which—
(a)a person’s energy efficiency target may be altered during the period to which the order relates;
(b)the whole or any part of a person’s energy efficiency target may be treated as having been achieved by action taken otherwise than by or on behalf of that person;
(c)any action taken before the period to which the order relates may be treated as qualifying action taken during that period;
(d)the whole or any part of a person’s energy efficiency target may be transferred to another gas transporter or gas supplier or to an electricity distributor or electricity supplier (within the meaning of Part I of the M1Electricity Act 1989); or
(e)a person may carry forward the whole or any part of his energy efficiency target for the period to which the order relates to a subsequent period.
(8)The order may—
(a)provide for exceptions from any requirement of the order;
(b)provide that any specified requirement contained in it is to be treated as a relevant requirement for the purposes of this Part;
(c)make supplementary, incidental and transitional provision; and
(d)subject to subsection (4), make different provision for different cases (including different provision in relation to different transporters or suppliers).
(9)The order may include provision for treating the promotion of the supply to premises of—
(a)electricity generated by a generating station which is operated for the purposes of producing heat, or a cooling effect, in association with electricity;
(b)heat produced in association with electricity or steam produced from (or air or water heated by) such heat; or
(c)any gas or liquid subjected to a cooling effect produced in association with electricity,
as promotion of improvements in energy efficiency.
(10)No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.
(11)Before making an order under this section the Secretary of State shall consult the Authority, the Council, gas transporters and gas suppliers and such other persons as he considers appropriate.
(12)An order under this section shall not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.]
F1S. 33BC substituted (1.10.2001) for s. 33BB by 2000 c. 27, s. 99; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
C1Definition of
“energy efficiency target”
in s. 33BC(2) modified (15.12.2001) by S.I. 2001/4011, art. 5
M11989 c. 29.
(1)The Director shall from time to time collect information with respect to—
(a)the compensation made by [F2gas suppliers] under section 33A above;
(b)the levels of overall performance achieved by [F2gas suppliers] in connection with the provision of gas supply services; F3. . .
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(1A)The Authority shall from time to time collect information with respect to—
(a)the compensation made by gas transporters under section 33AA;
(b)the levels of overall performance achieved by gas transporters.]
(2)At such times as the Director may direct, each [F5gas supplier] shall give the following information to the Director—
(a)as respects each standard prescribed by regulations under section 33A above, the number of cases in which compensation was made and the aggregate amount or value of that compensation; and
(b)as respects each standard determined under [F6section 33B F7. . ., ]such information with respect to the level of performance achieved by the supplier as [F8the Authority may direct].
[F9(2A)At such times as the Authority may direct, each gas transporter shall give the following information to the Authority—
(a)as respects each standard prescribed by regulations under section 33AA, the number of cases in which compensation was made and the aggregate amount or value of that compensation; and
(b)as respects each standard determined under section 33BA, such information with respect to the level of performance achieved by the transporter as the Authority may direct.]
F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F1S. 33C inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 12; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.
F2Words in s. 33C(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 36(1); S.I. 1996/218, art. 2
F3s. 33C(1)(c) and word “and”immediately preceding it repealed (1.10.2001) by 2000 c. 27, ss. 93(2), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F4S. 33C(1A) inserted (1.10.2001) by 2000 c. 27, s. 93(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F5Words in s. 33C(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 37(2)(a); S.I. 1996/218, art. 2
F6Words in s. 33C(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 37(2)(b); S.I. 1996/218, art. 2
F7Words in s. 33C(2)(b) repealed (1.10.2001) by 2000 c. 27, ss. 93(4), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F8Words in s. 33C(2)(b) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 14; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F9S. 33C(2A) inserted (1.10.2001) by 2000 c. 27, s. 93(5); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F10S. 33C(3) repealed (1.10.2001) by 2000 c. 27, ss. 93(6), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F11S. 33C(4)(5) repealed (1.10.2001) by 2000 c. 27, ss. 20(7), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
(1)The Authority may make regulations requiring such information as may be specified or described in the regulations about—
(a)the standards of overall performance determined under section 33B or 33BA; and
(b)the levels of performance achieved as respects those standards,
to be given by gas suppliers or gas transporters to customers or potential customers of gas suppliers.
(2)Regulations under this section may include provision—
(a)as to the form and manner in which and the frequency with which information is to be given; and
(b)requiring information about the matters mentioned in subsection (1)(a) or (b) and relating to gas transporters to be given by gas transporters to gas suppliers and by gas suppliers to their customers or potential customers.]
F1S. 33D substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 94; S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
(1)It shall be the duty of the Council to publish, in such form and manner and with such frequency as it thinks appropriate, such statistical information as it considers appropriate in relation to—
(a)the levels of performance achieved by gas suppliers and gas transporters in respect of—
(i)standards of performance prescribed or determined under sections 33A, 33AA, 33B and 33BA; and
(ii)energy efficiency obligations imposed by order under section 33BC; and
(b)complaints made by consumers about any matter relating to the activities of such suppliers or transporters and the handling of such complaints.
(2)In subsection (1)(b) “complaints” includes complaints made directly to gas suppliers and gas transporters (or anyone carrying on activities on their behalf) and complaints to the Authority or the Council.]
F1S. 33DA inserted (7.11.2000 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 20(5); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F1S. 33E repealed (7.11.2000 for s. 33E(2)(a) and oherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 15, Sch. 8; S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F1S. 33F and cross heading inserted (1.10.2001) by 2000 c. 27, s. 97; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
(1)This section applies to any company which is authorised by a licence to carry on activities subject to price regulation.
(2)As soon as reasonably practicable after the end of each financial year of the company it must make a statement to the Authority—
(a)disclosing whether or not remuneration has been paid or become due during that financial year to the directors of the company as a result of arrangements falling within subsection (3); and
(b)where such remuneration has been paid or become due, describing the arrangements and the remuneration.
(3)Arrangements fall within this subsection if they are arrangements for linking the remuneration of the directors of the company to levels of performance as respects service standards in connection with activities subject to price regulation.
(4)A description under subsection (2)(b) must include in particular—
(a)a statement of when the arrangements were made;
(b)a description of the service standards in question;
(c)an explanation of the means by which the levels of performance as respects those service standards are assessed; and
(d)an explanation of how the remuneration was calculated.
Gas Act 1986