Office of Public Sector Information
PART I continued
(5)The statement required by subsection (2) must also state—
(a)whether or not there are in force in respect of the financial year during which the statement is made arrangements falling within subsection (3); or
(b)if not, whether the company intends that such arrangements will be in force at some time during that financial year,
and if there are, or it is intended that there will be, such arrangements in force the statement must describe those arrangements.
(6)A description under subsection (5) must—
(a)include in particular the matters listed in subsection (4)(a), (b) and (c); and
(b)where the arrangements described are different from any arrangements described under subsection (2)(b), state the likely effect of those differences on the remuneration of each director of the company.
(7)The statement required by subsection (2) must be made to the Authority in such manner as may be required by the Authority.
(8)The statement required by subsection (2)—
(a)must be published by the company making the statement in such manner as it reasonably considers will secure adequate publicity for it; and
(b)may be published by the Authority in such manner as it may consider appropriate.
(9)The duty of a company under this section applies in respect of any person who has at any time been a director of the company.
(10)In this section—
“activities subject to price regulation”, in relation to any company, are activities for which—
a maximum price which may be charged by the company, or a method for calculating such a maximum price; or
a maximum revenue which may be received by the company, or a method for calculating such a maximum revenue,
is determined by or under the licence granted under this Part;
“company” means a company within the meaning of the M1Companies Act 1985 which is limited by shares;
“remuneration” in relation to a director of a company—
means any form of payment, consideration or other benefit (including pension benefit), paid or due to or in respect of the director; and
includes remuneration in respect of any of his services while a director of the company;
“service standards” in relation to any company, means standards relating to the quality of service received by customers or potential customers of the company, including any such standards which are—
set by or under any conditions included in a licence granted under this Part;
prescribed by the Authority in regulations made under section 33A and 33AA;
determined by the Authority under section 33B or 33BA; or
set or agreed to by the company.]
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)
M11985 c. 6.
(1)It shall be the duty of the Director, so far as it appears to him practicable from time to time, to keep under review the carrying on both within and outside Great Britain of
[F1(a)such activities as are mentioned in section 5(1) above; and
(b)activities ancillary to such activities (including in particular the storage of gas, the provision and reading of meters and the provision of pre-payment facilities).]
(2)It shall also be the duty of the Director, so far as it appears to him practicable from time to time, to collect information with respect to
[F2(a)the carrying on of such activities as are mentioned in subsection (1) above; and
(b)the persons by whom such activities are carried on,]
with a view to his becoming aware of, and ascertaining the circumstances relating to, matters with respect to which his functions are exercisable.
(3)The Secretary of State may give general directions indicating—
(a)considerations to which the Director should have particular regard in determining the priority in which matters are to be brought under review in the performance of his duty under subsection (1) or (2) above; and
(b)considerations to which, in cases where it appears to the Director that any of his functions are exercisable, he should have particular regard in determining whether to exercise those functions.
(4)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 [F3or the Secretary of State.] is exercisable.
[F4(5)The Director shall have power to make agreements with the Health and Safety Commission for the Director to perform on behalf of that Commission or the Health and Safety Executive (with or without payment) any of the functions of that Commission or, as the case may be, that Executive.]
F1S. 34(1)(a)(b) substituted for words in s. 34(1) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 40(1); S.I. 1996/218, art. 2
F2S. 34(2)(a)(b) substituted for words in s. 34(2) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 40(2); S.I. 1996/218, art. 2
F3Words in s. 34(4) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 40(3); S.I. 1996/218, art. 2
F4S. 34(5) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 40(4); S.I. 1996/218, art. 2
(1)If it appears to the Authority that the publication of any advice and information would promote the interests of consumers in relation to gas conveyed through pipes, the Authority may publish that advice or information in such manner as it thinks fit.
(2)In publishing advice or information under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.
(3)Before deciding to publish under this section any advice or information relating to a particular individual or body of persons the Authority shall consult that individual or body.
(4)In this section “consumers” includes both existing and future consumers.]
F1S. 35 substituted (20.12.2000) by 2000 c. 27, s. 6(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)
[F1(1)The Director shall keep a register of notifications and directions under [F2paragraph 5 of Schedule 2A to this Act], exemptions granted under section 6A above to particular persons, [F3licences under section 7 or 7A] above [F4, final and provisional orders and penalties imposed under section 30A(1)] at such premises and in such form as he may determine.
(2)Subject to any direction given under subsection (3) below, the Director shall cause to be entered in the register the provisions of—
(a)every notification or direction under [F5paragraph 5 of Schedule 2A to this Act];
(b)every exemption granted under section 6A above to a particular person and every revocation of such exemption;
(c)every revocation F6. . .of an exemption granted under that section to persons of a particular class [F7and every direction under [F8subsection (7)] of that section];
(d)every [F9licence under section 7 or 7A] above and every modification or revocation of, and every direction or consent given or determination made under, [F10such a licence]; and
(e)every final or provisional order, every revocation of such an order and every notice under section 28(6) above][F11; and.
(f)every notice under section 30A(5).]
(3)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.
(4)The register shall be open to public inspection during such hours and subject to payment of such fee as may be prescribed by an order made by the Secretary of State.
(5)Any person may, on payment of such fee as may be prescribed by an order so made, require the Director to supply to him a copy of or extract from any part of the register, certified by the Director to be a true copy or extract.
(6)Any sums received by the Director under this section shall be paid into the Consolidated Fund.
(7)In this section “final order” and “provisional order” have the same meanings as in section 28 above.
F1S. 36(1)(2) substituted (31.10.1994) by 1993 c. 1, s. 3; S.I. 1994/2568, art. 2
F2Words in s. 36(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 42(1)(a); S.I. 1996/218, art. 2
F3Words in s. 36(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 42(1)(b); S.I. 1996/218, art. 2
F4Words in s. 36(1) substituted (1.10.2001) by 2000 c. 27, s. 95(4)(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F5Words in s. 36(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 42(2)(a); S.I. 1996/218, art. 2
F6Words in s. 36(2)(c) omitted (1.10.2001) by virtue of 2000 c. 27, s. 108, Sch. 6, Pt. I para. 16(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20) and are repealed (prosp.) by 2000 c. 27, ss. 108, 110(2), Sch. 8
F7Words in s. 36(2) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 42(2)(b); S.I. 1996/218, art. 2
F8Words in s. 36(2)(c) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 16(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F9Words in s. 36(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 42(2)(c); S.I. 1996/218, art. 2
F10Words in s. 36(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 42(2)(d); S.I. 1996/218, art. 2
F11S. 36(2)(f) and word “and”immediately preceding it inserted (1.10.2001) by 2000 c. 27, s. 95(4)(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
(1)If and to the extent that he is requested by the Director General of Fair Trading to do so, it shall be the duty of the Director to exercise the functions of that Director under Part III of the M1Fair Trading Act 1973 (“the 1973 Act”) so far as relating to courses of conduct which are or may be detrimental to the interests of consumers of gas conveyed through pipes, whether those interests are economic or interests in respect of health, safety or other matters; and references in that Part to that Director shall be construed accordingly.
(2)There are hereby transferred to the Director (so as to be exercisable concurrently with the Director General of Fair Trading)—
(a)the functions of that Director under sections 44 and 45 of the 1973 Act;
(b)the functions of that Director under sections 50, 52, 53, 86 and 88 of that Act; and
(c)the functions of that Director under sections 56A to 56G of that Act,
so far as relating to monopoly situations which exist or may exist in relation to commercial activities connected with the carrying on of activities to which this subsection applies; and references in Part IV and sections 86, 88 and 133 of that Act to that Director shall be construed accordingly.
[F2(3)The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—
(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or
(b)conduct of the kind mentioned in section 18(1) of that Act,
which relate to the carrying on of activities to which this subsection applies.
(3A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).]
(4)Subsections (2) and (3) above apply to—
(a)such activities as are mentioned in section 5(1) above; and
(b)activities ancillary to such activities as are so mentioned (including in particular the storage of gas, the provision and reading of meters and the provision of pre-payment facilities).
(5)Before either Director first exercises in relation to any matter functions [F3mentioned in] any of the following provisions, namely—
(a)paragraph (a) of subsection (2) above;
(b)paragraph (b) of that subsection; [F4and]
(c)paragraph (c) of that subsection; F5. . .
F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
he shall consult the other Director; and neither Director shall exercise in relation to any matter functions transferred by any of those provisions if functions [F3mentioned in] that provision have been exercised in relation to that matter by the other Director.
(6)It shall be the duty of the Director, for the purpose of assisting the [F6Competition Commission] in carrying out an investigation on a reference made to them by the Director by virtue of subsection (2) F7. . . above, to give to the Commission—
(a)any information which is in his possession and which relates to matters falling within the scope of the investigation and—
(i)is requested by the Commission for that purpose; or
(ii)is information which in his opinion it would be appropriate for that purpose to give to the Commission without any such request; and
(b)any other assistance which the Commission may require and which it is within his power to give, in relation to any such matters,
and the Commission shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.
(7)If any question arises as to whether subsection (2) or (3) above applies to any particular case, that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—
(a)Part IV or section 86 or 88 of the 1973 Act; or
[F8(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),]
by or in relation to the Director on the ground that it should have been done by or in relation to the Director General of Fair Trading.
(8)Section 93B of the 1973 Act (offences of supplying false or misleading information to the Secretary of State, the Director General of Fair Trading or the [F6Competition Commission] in connection with their functions under Parts IV, V, VI or VIII of the 1973 Act F9. . .) shall have effect, so far as relating to functions exercisable by the Director by virtue of subsection (2) [F10above and paragraph 1 of Schedule 10 to the Competition Act 1998], as if the reference in subsection (1)(a) of that section to the Director of Fair Trading included a reference to the Director.
(9)Expressions used in this section which are also used in the 1973 Act F11. . . have the same meanings as in that Act.
(10)Any reference in this Part to functions of the Director under this Part, or to functions assigned to him by or under this Part, includes a reference to functions [F12mentioned in subsection (2) or (3) above.].]
F1S. 36A inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 43; S.I. 1996/218, art. 2
F2S. 36A(3)(3A) substituted for s. 36A(3) (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 3(5) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.
F3Words in s. 36A(5) substituted (26.11.1998 in accordance with art. 2 of the commencing S.I. and otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 3(6)(a) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.
F4Word in s. 36A(5) inserted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 3(6)(b) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.
F5S. 36A(5)(d) and word preceding it repealed (26.11.1998 in accordance with art. 2 of the commencing S.I. and otherwise 1.3.2000) by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. II para. 3(6)(c), Sch. 14 Pt. I (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.
F6Words in s. 36A(6)(8) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F7Words in s. 36A(6) repealed (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. II para. 3(7), Sch. 14 Pt. I (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.
F8S. 36A(7)(b) substituted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 3(8) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.
F9Words in s. 36A(8) repealed (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. II para. 3(9)(a), Sch. 14 Pt. I (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.
F10Words in s. 36A(8) substituted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 3(9)(b) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.
F11Words in s. 36A(9) repealed (26.11.1998 in accordance with art. 2 of the commencing S.I. and otherwise 1.3.2000) by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. II para. 3(10), Sch. 14 Pt. I (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.
F12Words in s. 36A(10) substituted (26.11.1998 for certain purposes and otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 3(11) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.
C1S. 36A(3) restricted (26.11.1998 for specified purposes, otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 3(1) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.
M11973 c. 41.
(1)If and to the extent that the Secretary of State so directs, the functions of the Secretary of State under section 6 of the M1Weights and Measures Act 1985 (testing of standards and equipment) so far as relating to—
(a)any article used or proposed to be used as a standard of a unit of measurement in relation to gas;
(b)any measuring equipment, or other metrological equipment, for use in relation to gas; or
(c)any article for use in connection with any such equipment,
shall be exercisable by the Director concurrently with the Secretary of State; and references in that section to the Secretary of State shall be construed accordingly.
(2)Any sums received by the Director by virtue of this section shall be paid into the Consolidated Fund.]
F1S. 36B inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 44; S.I. 1996/218, art. 2
M11985 c.72.
(1)The Director [F2may] from time to time direct that the maximum prices at which gas supplied by [F2authorised suppliers] may be resold—
(a)shall be such as may be specified in the direction; or
(b)shall be calculated by such method and by reference to such matters as may be so specified,
and shall publish directions under this section in such manner as in his opinion will secure adequate publicity for them.
(2)A direction under this section may—
(a)require any person who resells gas supplied by a [F3an authorised supplier] to furnish the purchaser with such information as may be specified or described in the direction; and
(b)provide that, in the event of his failing to do so, the maximum price applicable to the resale shall be such as may be specified in the direction, or shall be reduced by such amount or such percentage as may be so specified.
Gas Act 1986