Office of Public Sector Information
PART I continued
(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 public gas 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.
(2) The Director may only make a determination under subsection (1)(a) above after—
(a) consulting the public gas suppliers and persons or bodies appearing to the Director to be representative of persons likely to be affected; and
(b) arranging for such research as the Director considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and considering the results.
(3) Different standards may be determined for different public gas suppliers.
(4) It shall be the duty of every public gas 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.”
The following section shall be inserted in the [1986 c. 44.] Gas Act 1986, after section 33B—
(1) The Director shall from time to time collect information with respect to—
(a) the compensation made by public gas suppliers under section 33A above;
(b) the levels of overall performance achieved by public gas suppliers in connection with the provision of gas supply services; and
(c) the levels of performance achieved by public gas suppliers in connection with the promotion of the efficient use of gas by consumers.
(2) At such times as the Director may direct, each public gas 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 section 15B or 33B above, such information with respect to the level of performance achieved by the supplier as may be so specified.
(3) A public gas supplier who without reasonable excuse fails to do anything required of him by subsection (2) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) The Director shall, at least once in every year, arrange for the publication, in such form and in such manner as he considers appropriate, of such of the information collected by or given to him under this section as appears to him expedient to give to customers, or potential customers, of public gas suppliers.
(5) In arranging for the publication of any such information, the Director shall have regard to the need for excluding, so far as practicable—
(a) any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the Director, seriously and prejudicially affect the interests of that individual; and
(b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Director, seriously and prejudicially affect the interests of that body.”
The following section shall be inserted in the [1986 c. 44.] Gas Act 1986, after section 33C—
(1) Each public gas supplier shall, in such form and manner and with such frequency as the Director may direct, take steps to inform his customers of—
(a) the standards of overall performance determined under section 33B above which are applicable to that supplier; and
(b) that supplier’s level of performance as respects each of those standards.
(2) In giving any such direction, the Director shall not specify a frequency of less than once in every period of twelve months.”
The following section shall be inserted in the Gas Act 1986, after section 33D—
(1) Each public gas supplier shall establish a procedure for dealing with complaints made by his tariff customers or potential tariff customers in connection with the provision of gas supply services.
(2) No such procedure shall be established, and no modification of such a procedure shall be made, unless—
(a) the public gas supplier has consulted the Council; and
(b) the proposed procedure or modification has been approved by the Director.
(3) The public gas supplier shall—
(a) publicise the procedure in such manner as may be approved by the Director; and
(b) send a description of the procedure, free of charge, to any person who asks for one.
(4) The Director may give a direction to a public gas supplier requiring the supplier to review his procedure or the manner in which it operates.
(5) A direction under subsection (4) above—
(a) may specify the manner in which the review is to be conducted; and
(b) shall require a written report of the review to be made to the Director.
(6) Where the Director receives a report under subsection (5)(b) above, he may, after consulting the public gas supplier, direct him to make such modifications of—
(a) the procedure; or
(b) the manner in which the procedure operates,
as may be specified in the direction.
(7) Subsection (2) above does not apply to any modification made in compliance with a direction under subsection (6) above.”
The following section shall be inserted in the [1986 c. 44.] Gas Act 1986 after section 15A (which is inserted by section 17)—
(1) The Director may, after consulting the public gas suppliers and persons or bodies appearing to him to be representative of persons likely to be affected, from time to time—
(a) determine such standards of performance in connection with the promotion of the efficient use of gas by consumers as, in his opinion, ought to be achieved by public gas suppliers; 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 public gas suppliers.
(3) Each public gas supplier shall, in such form and manner and with such frequency as the Director may direct, take steps to inform his customers of—
(a) the standards determined under this section which are applicable to that supplier; and
(b) that supplier’s level of performance as respects those standards.”
The following section shall be inserted in the Gas Act 1986, after section 14—
(1) Any dispute arising under section 9(1)(b), 10, 11 or 14 above, or any provision of paragraphs 1 to 4 of Schedule 5 to this Act (“the relevant provisions”), between a public gas supplier and a person who is, or wishes to become, a tariff customer of that supplier—
(a) may be referred to the Director 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 either by the Director, or if he thinks fit by an arbitrator (or in Scotland arbiter), appointed by him.
(2) Any person making an order under subsection (1) above 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 the Director may consider appropriate.
(4) Where any dispute between a public gas supplier and a person requiring a supply of gas falls to be determined under this section, the Director may give directions as to the circumstances in which, and the terms on which, the supplier is to give or (as the case may be) to continue to give the supply pending the determination of the dispute.
(5) Where any dispute arising under section 11(1) above falls to be determined under this section, the Director may give directions as to the security (if any) to be given pending the determination of the dispute.
(6) Any direction under subsection (4) or (5) above may be expressed to apply either in relation to a particular case or in relation to a class of case.
(7) An order under this section—
(a) may include such incidental, supplemental and consequential provision (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order) as that person considers appropriate; and
(b) shall be final and—
(i) in England and Wales enforceable, in so far as it includes such provision as to costs or expenses, as if it were a judgment of a county court; and
(ii) in Scotland, enforceable as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.
(8) In including in an order under this section any such provision as to costs or expenses, the person making the order shall have regard to the conduct and means of the parties and any other relevant circumstances.”
The following section shall be inserted in the [1986 c. 44.] Gas Act 1986, after section 15—
(1) The Secretary of State may by regulations make provision for billing disputes to be referred to the Director for determination in accordance with the regulations.
(2) In this section “billing dispute” means a dispute between a public gas supplier and a tariff customer of his concerning the amount of the charge which the supplier is entitled to recover from the customer in connection with the provision of gas supply services.
(3) Regulations under this section may only be made after consulting—
(a) the Director; and
(b) persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations.
(4) Regulations under this section may provide that, where a billing dispute is referred to the Director, he may either—
(a) determine the dispute, or
(b) appoint an arbitrator (or in Scotland an arbiter) to determine it.
(5) Any person determining any billing dispute in accordance with regulations under this section shall, in such manner as may be specified in the regulations, give his reasons for reaching his decision with respect to the dispute.
(6) Regulations under this section may provide—
(a) that disputes may be referred to the Director under this section only by prescribed persons; and
(b) for any determination to be final and enforceable—
(i) in England and Wales, as if it were a judgment of a county court; and
(ii) in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.
(7) Except in such circumstances (if any) as may be prescribed—
(a) the Director or an arbitrator (or in Scotland an arbiter) appointed by him shall not determine any billing dispute which is the subject of proceedings before, or with respect to which judgment has been given by, any court; and
(b) neither party to any billing dispute which has been referred to the Director for determination in accordance with regulations under this section shall commence proceedings before any court in respect of that dispute pending its determination in accordance with the regulations.
(8) No public gas supplier may commence proceedings before any court in respect of any charge in connection with the provision by him of gas supply services unless, not less than 28 days before doing so, the tariff customer concerned was informed by him, in such form and manner as may be prescribed, of—
(a) his intention to commence proceedings;
(b) the customer’s rights by virtue of this section; and
(c) such other matters (if any) as may be prescribed.
(9) The powers of the Director under section 38 below shall also be exercisable for any purpose connected with the determination of any dispute referred to him in accordance with regulations made under this section.”
The following section shall be inserted in the [1986 c. 44.] Gas Act 1986, after section 32—
(1) This section applies where—
(a) representations are made to the Council by or on behalf of a person who appears to the Council to have an interest in the matter to which the representations relate; and
(b) that matter appears to the Council to constitute a dispute of a kind which may be referred to the Director under section 14A above or 33A below, or under regulations made under section 15A above.
(2) It shall be the duty of the Council—
(a) to inform the person by or on whose behalf the representations are made that he may have the right to refer his dispute to the Director; and
(b) to make such investigations with respect to the matter to which the representations relate as may be specified in a direction given by the Director.
(3) Any such direction may be given so as to apply generally or to a specified class of matter or particular matter and may, in particular, specify in relation to any investigation which the Council is required to make under this section—
(a) the practice and procedure which it is to follow in conducting its investigation; and
(b) the information which it is to give to the Director with respect to the matter investigated.”
The following sub-paragraph shall be inserted in paragraph 7 of Schedule 5 to the Gas Act 1986 (public gas supply code: recovery of charges from tariff customers), after sub-paragraph (5)—
“(5A) The powers conferred by sub-paragraph (5) above shall not be exercisable as respects any amount which is genuinely in dispute.”
(1) In section 39(1) of the [1989 c. 29.] Electricity Act 1989 (electricity supply: performance in individual cases) there shall be inserted, after paragraph (b),
“; and (c) after arranging for such research as the Director considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and considering the results,”.
(2) In section 40 of the Act of 1989 (electricity supply: overall performance), the words from “after” to “affected” shall be omitted from subsection (1) and the following subsection shall be inserted after that subsection—
“(1A) The Director may only make a determination under subsection (1)(a) above after—
(a) consultation with public electricity suppliers and with persons or bodies appearing to him to be representative of persons likely to be affected; and
(b) arranging for such research as the Director considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and considering the results.”
The following section shall be inserted in the [1989 c. 29.] Electricity Act 1989, after section 42—
(1) Each public electricity supplier shall, in such form and manner and with such frequency as the Director may direct, take steps to inform his customers of—
(a) the standards of overall performance determined under section 40 above which are applicable to that supplier; and
(b) that supplier’s level of performance as respects each of those standards.
(2) In giving any such direction, the Director shall not specify a frequency of less than once in every period of twelve months.”
The following section shall be inserted in the Electricity Act 1989, after section 42A—
(1) Each public electricity supplier shall establish a procedure for dealing with complaints made by his customers or potential customers in connection with the provision of electricity supply services.
(2) No such procedure shall be established, and no modification of such a procedure shall be made, unless—
(a) the supplier has consulted the consumers' committee to which he has been allocated; and
(b) the proposed procedure or modification has been approved by the Director.
(3) The supplier shall—
(a) publicise the procedure in such manner as may be approved by the Director; and
(b) send a description of the procedure, free of charge, to any person who asks for one.
(4) The Director may give a direction to any public electricity supplier requiring the supplier to review his procedure or the manner in which it operates.
(5) A direction under subsection (4) above—
(a) may specify the manner in which the review is to be conducted; and
(b) shall require a written report of the review to be made to the Director.
(6) Where the Director receives a report under subsection (5)(b) above, he may, after consulting the supplier, direct him to make such modifications of—
(a) the procedure; or
(b) the manner in which the procedure operates,
as may be specified in the direction.
(7) Subsection (2) above does not apply to any modification made in compliance with a direction under subsection (6) above.”
The following section shall be inserted in the [1989 c. 29.] Electricity Act 1989, after section 44—
(1) The Secretary of State may by regulations make provision for billing disputes to be referred to the Director for determination in accordance with the regulations.
(2) In this section “billing dispute” means a dispute between a public electricity supplier and a tariff customer concerning the amount of the charge which the supplier is entitled to recover from the customer in connection with the provision of electricity supply services.
(3) Regulations under this section may only be made after consulting—
(a) the Director; and
(b) persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations.
(4) Regulations under this section may provide that, where a billing dispute is referred to the Director, he may either—
(a) determine the dispute, or
(b) appoint an arbitrator (or in Scotland an arbiter) to determine it.
(5) Any person determining any billing dispute in accordance with regulations under this section shall, in such manner as may be specified in the regulations, give his reasons for reaching his decision with respect to the dispute.
(6) Regulations under this section may provide—
(a) that disputes may be referred to the Director under this section only by prescribed persons; and
(b) for any determination to be final and enforceable—
(i) in England and Wales, as if it were a judgment of a county court; and
(ii) in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.
(7) Except in such circumstances (if any) as may be prescribed—
(a) the Director or an arbitrator (or in Scotland an arbiter) appointed by him shall not determine any billing dispute which is the subject of proceedings before, or with respect to which judgment has been given by, any court; and
(b) neither party to any billing dispute which has been referred to the Director for determination in accordance with regulations under this section shall commence proceedings before any court in respect of that dispute pending its determination in accordance with the regulations.
(8) No public electricity supplier may commence proceedings before any court in respect of any charge in connection with the provision by him of electricity supply services unless, not less than 28 days before doing so, the tariff customer concerned was informed by him, in such form and manner as may be prescribed, of—
(a) his intention to commence proceedings;
(b) the customer’s rights by virtue of this section; and
(c) such other matters (if any) as may be prescribed.
(9) The powers of the Director under section 28 above shall also be exercisable for any purpose connected with the determination of any dispute referred to him in accordance with regulations made under this section.”
In section 40 of the [1989 c. 29.] Electricity Act 1989 (electricity supply: overall performance), the following subsection shall be added at the end—
“(3) It shall be the duty of every public electricity 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.”
(1) The power of the Director General of Electricity Supply, under section 23(2) of the [1989 c. 29.] Electricity Act 1989, to require a public electricity supplier to continue a supply of electricity pending the Director’s determination of a dispute shall be extended to enable the Director to require the giving of a supply of electricity pending such a determination.
(2) Accordingly, in section 23(2) of that Act, the words “to continue” shall be omitted, in both places where they occur.
(1) Section 39 of the [1991 c. 56.] Water Industry Act 1991 (procedure for making regulations under section 38 relating to standards of performance in the supply of water) shall be amended as follows.
(2) In subsection (1)(d), for “both” there shall be substituted “the summary mentioned in subsection (2)(bb) below,”.
(3) The following subsection shall be inserted after subsection (1)—
“(1A) Before making an application to the Secretary of State under this section the Director shall arrange for such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and consider the results.”
(4) In subsection (2), the following paragraph shall be inserted after “apply” in paragraph (b)—
“(bb) is accompanied by a written summary of the results of the research carried out in accordance with subsection (1A) above;”.
The following section shall be inserted in the Water Industry Act 1991, after section 38—
(1) The Director shall from time to time collect information with respect to—
(a) the compensation paid by water undertakers under regulations under section 38(2) above; and
(b) the levels of overall performance achieved by water undertakers in connection with the provision of water supplies.
(2) At such times as the Director may direct, each water undertaker shall give the following information to the Director—
(a) as respects each standard prescribed by regulations under section 38(2) above, the number of cases in which compensation was paid and the aggregate amount or value of that compensation; and
(b) as respects each standard established by regulations under section 38(1)(b) above, such information with respect to the level of performance achieved by the undertaker as may be so specified.
(3) A water undertaker who without reasonable excuse fails to do anything required of him by subsection (2) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) The Director shall, at least once in every year, arrange for the publication, in such form and in such manner as he considers appropriate, of such of the information collected by or given to him under this section as it may appear to him expedient to give to customers or potential customers of water undertakers.
(5) In arranging for the publication of any such information the Director shall have regard to the need for excluding, so far as practicable—
(a) any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the Director, seriously and prejudicially affect the interests of that individual; and
(b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Director, seriously and prejudicially affect the interests of that body.”
The following section shall be inserted in the [1991 c. 56.] Water Industry Act 1991, after section 39—
(1) Each water undertaker shall, in such form and manner and with such frequency as the Director may direct, take steps to inform its customers of—
(a) the standards of overall performance established under section 38(1)(b) above which are applicable to that undertaker; and
(b) that undertaker’s level of performance as respects each of those standards.
(2) In giving any such direction, the Director shall not specify a frequency of less than once in every period of twelve months.
(3) The duty of a water undertaker to comply with this section shall be enforceable by the Director under section 18 above.”
The following section shall be inserted in the Water Industry Act 1991, after section 86—
(1) Each water undertaker shall establish a procedure for dealing with complaints made by its customers or potential customers in connection with the supply of water.
(2) No such procedure shall be established, and no modification of such a procedure shall be made, unless—
(a) the water undertaker has consulted the customer service committee to which it has been allocated; and
(b) the proposed procedure or modification has been approved by the Director.
Competition and Service (Utilities) Act 1992