Office of Public Sector Information

(3)Different directions may be given under this section as respects different classes of cases, which may be defined by reference to areas or any other relevant circumstances.

(4)If any person resells any gas supplied by a [F3an authorised supplier] at a price exceeding the maximum price determined by or under a direction under this section and applicable to the resale—

(a)the amount of the excess; and

(b)if the direction so provides, interest on that amount at a rate specified or described in the direction,

shall be recoverable by the purchaser.

(5)Nothing in this section shall apply in relation to the resale of gas for use in a motor vehicle which is constructed or adapted to use gas as fuel for its propulsion.]

38 Power to require information etc

(1)Where it appears to the [F1Authority]that a [F2licence holder] may be contravening, or may have contravened, any relevant condition or requirement [F3or may be failing, or may have failed, to achieve any standard of performance prescribed under section 33A or 33AA,], the [F1Authority]may, for any purpose connected with the exercise of [F4its functions under section 28 or 30A to 30F in relation to that matter, by notice in writing]—

(a)require any person to produce, at a time and place specified in the notice, to the [F1Authority]or to any person appointed by [F5it] for the purpose, any documents which are specified or described in the notice and are in that person’s custody or under his control; or

(b)require any person carrying on any business to furnish to the [F1Authority]such information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished;

F6. . .

[F7(1A)Where a licence has been or is to be revoked or suspended, or has expired or is about to expire by effluxion of time, and it appears to the Director, having regard to the duties imposed by section [F84AA, 4AB or 4A], to be requisite or expedient to do so for any purpose connected with the revocation, suspension or expiry, the Director may, with the consent of the Secretary of State, by notice signed by him—

(a)require the licence holder to produce, at a time and place specified in the notice, to the Director, or to any person so specified, any records which are specified or described in the notice and are in the licence holder’s custody or under his control; or

(b)require the licence holder to furnish to the Director, or to any person specified in the notice, such information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished.

(1B)No person shall be compelled for any such purpose as is mentioned in subsection (1) or (1A) above to produce any documents or records which he could not be compelled to produce in civil proceedings before the court or, in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in such proceedings.]

(2)A person who without reasonable excuse fails to do anything duly required of him by a notice under subsection (1) [F9or (1A)]above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)A person who intentionally alters, suppresses or destroys any document [F10or records]which he has been required by any such notice to produce shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(4)If a person makes default in complying with a notice under subsection (1) [F9or (1A)]above, the court may, on the application of the Director, make such order as the court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.

(5)In this section—

• “relevant condition” and “relevant requirement” have the same meanings as in section 28 above;

• “the court” has the same meaning as in section 30 above.

[F138A Reasons for decisions

(1)This section applies to the following decisions of the Authority or the Secretary of State, namely—

(a)the revocation of a licence;

(b)the modification of the conditions of a licence;

(c)the giving of any directions or consent in pursuance of a condition included in a licence by virtue of section 7B(5)(a)(i) or (ii);

(d)the determination of a question referred in pursuance of a condition included in a licence by virtue of section 7B(5)(a)(iii);

(e)the determination of a dispute referred under section 27A(1);

(f)the making of a final order, the making or confirmation of a provisional order or the revocation of a final order or of a provisional order which has been confirmed.

(2)As soon as reasonably practicable after making such a decision the Authority or the Secretary of State shall publish a notice stating the reasons for the decision in such manner as it or he considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be interested.

(3)The Authority shall send a copy of a notice published in respect of a decision mentioned in paragraph (a), (b), (c), (d) or (f) of subsection (1) to the licence holder to whose licence, or to whom, the decision relates.

(4)In preparing a notice under subsection (2) the Authority or the Secretary of State 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 it or he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body.

(5)This section does not apply to a decision resulting in any provision which the Secretary of State has under section 36(3) directed the Authority not to enter in the register required to be kept under that section.

(6)In this section “final order” and “provisional order” have the same meanings as in section 28.]

F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other functions of Council

F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1 Adjustment of charges]

[F141A Adjustment of charges to help disadvantaged groups of customers

(1)If the Secretary of State considers that members of any group (a “disadvantaged group”) of customers of authorised suppliers are treated less favourably than other customers of theirs as respects charges for gas, he may make an order containing a scheme for the adjustment of charges for gas with a view to eliminating or reducing the less favourable treatment.

(2)The scheme may include—

(a)provision for the adjustment of charges by authorised shippers or authorised transporters (as well as by suppliers); and

(b)in relation to charges payable to suppliers, provision for the adjustment of charges payable by customers who are not members of the disadvantaged group (as well as by persons who are).

(3)The scheme shall—

(a)describe the disadvantaged group;

(b)specify the persons whose charges are covered by the scheme; and

(c)set out the basis of the adjustment of the charges.

(4)If the scheme does not relate to the whole of Great Britain, it shall specify the area or areas to which it relates.

(5)The scheme may—

(a)require authorised suppliers, authorised shippers or authorised transporters to supply information of any specified description, in any specified form, to any other such persons; and

(b)provide for the modification of conditions of licences,

for the purpose of facilitating the implementation of the scheme.

(6)An order shall not be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.]

[F141B Orders: supplementary

(1)Before making an order under section 41A, the Secretary of State shall give notice—

(a)stating that he proposes to make an order and setting out its effect;

(b)stating the reasons why he proposes to make the order; and

(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed order may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(2)The notice shall be given—

(a)by serving a copy of it on the persons whose charges are covered by the proposed order; and

(b)by publishing it in such manner as the Secretary of State considers appropriate for bringing the proposed order to the attention of other persons likely to be affected by it.

(3)An order under section 41A shall continue in force for such period not exceeding three years as is specified in the order; but that does not prevent the making of another order to come into force at the end of that period.

(4)The Secretary of State may by order require authorised suppliers, authorised shippers or authorised transporters to supply information of any specified description, in any specified form, to any other such persons for the purpose of enabling the making of an order under section 41A.

(5)The Authority—

(a)shall monitor the effect of orders under section 41A and report its findings to the Secretary of State whenever he directs it to do so; and

(b)may require authorised suppliers, authorised shippers or authorised transporters to supply to the Authority, in any specified form, such information as it requires for carrying out that duty.

(6)In section 41A references to customers do not include customers of a description excluded by an order made by the Secretary of State.

(7)In this section and section 41A “authorised shipper” means a person authorised by a licence or exemption to arrange with any gas transporter for gas to be introduced into, conveyed by means of, or taken out of a pipe-line system operated by that transporter.]

[F1 Alteration of activities requiring licence]

[F141C Power to alter activities requiring licence

(1)The Secretary of State may by order provide—

(a)that specified activities are to become licensable activities; or

(b)that specified activities are to cease to be licensable activities.

(2)For the purposes of this Part activities are licensable activities if undertaking them without the authority of a licence or exemption constitutes an offence under section 5(1).

(3)An order under this section may make consequential, transitional, incidental or supplementary provision including—

(a)amendments (or repeals) in any provision of this Act or any other enactment; and

(b)provision modifying any standard conditions of licences or (in the case of an order under subsection (1)(a)) provision determining the conditions which are to be standard conditions for the purposes of licences authorising the undertaking of activities which are to become licensable activities.

(4)An order under this section may only provide for activities to become licensable activities if they are activities connected with—

(a)the conveyance of gas through pipes to premises or to pipe-line systems operated by gas transporters;

(b)the supply to premises of gas conveyed through pipes; or

(c)arranging with gas transporters for gas to be introduced into, conveyed by means of or taken out of pipe-line systems operated by the gas transporters.

(5)An order under this section providing for activities to become licensable activities may only be made on the application of the Authority made in accordance with section 41D.

(6)An order under this section providing for activities to cease to be licensable activities may be made either—

(a)on the application of the Authority made in accordance with section 41G; or

(b)following consultation by the Secretary of State in accordance with section 41H.

(7)An order under this section may provide that it is to remain in force only for a period specified in the order.

(8)An order shall not be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.]

[F141D Application by Authority for order including new activities

(1)If the Authority proposes to make an application for an order providing for activities to become licensable activities, it shall give notice—

(a)stating that it proposes to make an application for an order providing for the activities to become licensable activities;

(b)setting out the conditions which it would expect such an order to determine to be standard conditions for the purposes of licences authorising the undertaking of the activities and any other conditions which it would expect to be included in such licences; and

(c)specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,

and shall consider any representations or objections which are duly made and not withdrawn.

(2)The notice shall be given by serving a copy on the Council and by publishing it in such manner as the Authority considers appropriate for bringing it to the attention of—

(a)persons appearing to it to be carrying on, or be intending to carry on, the activities; and

(b)any other persons appearing to it to be likely to be affected by an order providing for the activities to become licensable activities.

(3)If an objection has been duly made (and not withdrawn) by a person who is carrying on or intends to carry on the activities, the Authority shall make a reference to the Competition Commission under section 41E before making the application.

(4)In any other case where the Authority considers it appropriate to make a reference to the Commission under section 41E before making the application, the Authority may make such a reference.

(5)If a reference is made to the Commission, the application shall not be made unless the Commission has reported on the reference that the fact that the activities to which the application relates are not licensable activities operates, or may be expected to operate, against the public interest.

(6)The application shall set out—

(a)the activities which the Authority considers should become licensable activities; and

(b)the conditions which the Authority would expect to be determined to be standard conditions for the purposes of licences authorising the undertaking of the activities in question and any other conditions which the Authority would expect to be included in such licences.]

[F141E References to Competition Commission

(1)A reference to the Competition Commission under this section shall require the Commission to investigate and report on whether the fact that the activities specified in the reference are not licensable activities operates, or may be expected to operate, against the public interest.

(2)The Authority may, at any time, by notice given to the Commission vary the reference by adding to the activities specified in the reference or by excluding from the reference some of the activities so specified; and on receipt of such notice the Commission shall give effect to the variation.

(3)The Authority shall specify in the reference, or a variation of the reference, for the purpose of assisting the Commission in carrying out the investigation on the reference—

(a)the conditions which the Authority would expect to be determined to be standard conditions for the purposes of licences authorising the undertaking of the activities specified in the reference and any other conditions which the Authority would expect to be included in such licences; and

(b)any effects adverse to the public interest which, in its opinion, the fact that the activities so specified are not licensable activities has or may be expected to have.

(4)As soon as practicable after making the reference, or a variation of the reference, the Authority shall serve a copy of it on the Council and publish particulars of it in such manner as the Authority considers appropriate for bringing it to the attention of—

(a)persons appearing to the Authority to be carrying on, or be intending to carry on, the activities specified in it; and

(b)any other persons appearing to the Authority to be likely to be affected by it.

(5)The Authority shall, for the purpose of assisting the Commission in carrying out the investigation on the reference, give to the Commission—

(a)any information which is in its possession and which relates to matters falling within the scope of the investigation, and which is either requested by the Commission for that purpose or is information which in its 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 its power to give, in relation to any such matters,

and the Commission shall take account of the information for the purpose of carrying out the investigation.

(6)In determining for the purposes of this section whether the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, the Commission shall have regard to—

(a)the matters referred to in section 4AA;

(b)any social or environmental policies set out or referred to in guidance issued under section 4AB; and

(c)any advice given by the Health and Safety Commission under section 4A (advice about health and safety in relation to gas).

(7)The provisions mentioned in subsection (8) are to apply in relation to references under this section as if—

(a)the functions of the Commission in relation to those references were functions under the M1Fair Trading Act 1973;

(b)the expression “merger reference” included a reference under this section;

(c)in section 70 of the M2Fair Trading Act 1973—

(i)references to the Secretary of State were references to the Authority; and

(ii)the reference to three months were a reference to six months.