PART 3 continued CHAPTER 4 continued
(4) Before making regulations under this paragraph the Authority must consult—
(a) the Council;
(b) all authorised suppliers;
(c) such other persons as the Authority considers appropriate.
(5) The approval of the Secretary of State is required for the making of regulations under this paragraph.”
(2) In paragraph 12 of Schedule 7 to the 1989 Act (use of pre-payment meters), for sub-paragraph (2) substitute—
“(2) A pre-payment meter installed by an authorised supplier through which a customer of such a supplier takes his supply of electricity shall not be used to recover a sum unless—
(a) the sum is owed to an authorised supplier in respect of the supply of electricity to the premises on which the meter is installed or in respect of the provision of the meter; or
(b) the recovery of the sum in that manner is permitted by both—
(i) regulations; and
(ii) an agreement falling within sub-paragraph (3) below between the customer and the person to whom the sum is owed.
(3) An agreement falls within this sub-paragraph if—
(a) the person to whom the sum is owed is a person who is authorised by regulations to enter into agreements falling within this sub-paragraph;
(b) the agreement permits that person to use the meter in question to recover such sums as may be specified in or determined under the agreement; and
(c) the agreement complies with the requirements specified for the purposes of this sub-paragraph by regulations.
(4) The sums that regulations under this paragraph may permit the recovery of through a pre-payment meter include—
(a) sums owed to a person other than an authorised supplier;
(b) sums owed in respect of premises other than the premises on which the meter is installed;
(c) sums owed in respect of matters other than the supply of electricity.
(5) Before making regulations under this paragraph the Authority must consult—
(a) the Council;
(b) all authorised suppliers;
(c) such other persons as the Authority considers appropriate.”
(1) In Schedule 8 to the 1989 Act (procedure for consents under sections 36 and 37 relating to the installation of generating stations and electric lines), after paragraph 5 insert—
5A (1) This paragraph applies in the case of—
(a) a public inquiry in England and Wales by virtue of paragraph 2(2) or 3(2); or
(b) a public inquiry in England and Wales which is a combination under section 62 of this Act into one inquiry—
(i) of two or more such inquiries; or
(ii) of one or more such inquiries and one or more other inquiries.
(2) At any time after appointing a person to hold the inquiry (“the lead inspector”), the Secretary of State may direct him—
(a) to consider such matters relating to the conduct of the inquiry as are specified in the direction; and
(b) to make recommendations to the Secretary of State about those matters.
(3) After considering the recommendations of the lead inspector, the Secretary of State may—
(a) appoint for the purposes of the inquiry such number of additional inspectors as he thinks appropriate; and
(b) direct that each additional inspector must consider such of the matters to which the inquiry relates as are allocated to him by the lead inspector.
(4) An additional inspector must—
(a) comply with every direction as to procedural matters given to him by the lead inspector; and
(b) report to the lead inspector on every matter allocated to him.
(5) It is to be for the lead inspector to report to the Secretary of State on the consideration of both—
(a) the matters which he considered himself; and
(b) the matters the consideration of which was allocated to additional inspectors.
(6) The power of the Secretary of State to give directions to the lead inspector may be exercised on one or more different occasions after the appointment of the lead inspector.
(7) Accordingly—
(a) the recommendations that may be made by the lead inspector following such a direction include, in particular, a recommendation for varying the number of additional inspectors; and
(b) the power of the Secretary of State to appoint an additional inspector includes power to revoke such an appointment.
(8) A direction by any person under this paragraph may be varied or revoked by a subsequent direction by that person.”
(2) This section does not extend to Scotland.
(1) In section 36 of the Gas Act 1986 (c. 44) (register to be kept by GEMA), after subsection (2) insert—
“(2A) The Authority may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as it considers it appropriate to exclude for the purpose of maintaining the confidentiality of—
(a) matters relating to the affairs of an individual the publication of which would or might, in its opinion, seriously and prejudicially affect the interests of that individual; and
(b) matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Authority’s opinion, seriously and prejudicially affect the interests of that body.”
(2) In subsection (2) of that section, after “Subject to” insert “subsection (2A) and to”.
(3) For section 49(3) of 1989 Act (matters needing to be excluded so far as practicable from register to be kept by GEMA) substitute—
“(3) The Authority may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as it considers it appropriate to exclude for the purpose of maintaining the confidentiality of—
(a) matters relating to the affairs of an individual the publication of which would or might, in its opinion, seriously and prejudicially affect the interests of that individual; and
(b) matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Authority’s opinion, seriously and prejudicially affect the interests of that body.”
(1) If it appears to the Secretary of State—
(a) that the costs of distributing electricity within a particular area of Great Britain are significantly higher (when calculated on a per customer basis) than in other areas of Great Britain, and
(b) that within that area there are at least 100,000 premises that are connected to the same distribution system,
he may make an order under this section.
(2) An order under this section is one that establishes a scheme which—
(a) requires authorised transmitters to make a payment each year to relevant distributors distributing electricity in that area of Great Britain of such amount as may be determined in accordance with provision contained in the scheme;
(b) requires the charges imposed by the authorised transmitters on authorised suppliers to be adjusted in accordance with the scheme for the purpose of enabling the transmitters to make that payment; and
(c) requires relevant distributors in receipt of a payment under the order to secure, in accordance with the order, that the benefit of the payment is passed to the authorised suppliers supplying electricity in the area of Great Britain in question.
(3) An order under this section establishing a scheme in relation to the distribution of electricity within a particular area must specify the area.
(4) For the purpose of facilitating the implementation of a scheme for which an order under this section provides, such an order may make such modifications as the Secretary of State considers appropriate of the conditions of the licences of authorised suppliers, of authorised transmitters and of authorised distributors.
(5) For the purpose of carrying out the functions conferred on him by or under this section the Secretary of State may require—
(a) an authorised supplier,
(b) an authorised distributor, or
(c) an authorised transmitter,
to supply him, in a specified form and within a specified time, with information of a specified description.
(6) No person may be required under this section to supply information he could not be compelled to give in evidence in civil proceedings in the High Court or the Court of Session.
(7) Before making an order under this section, the Secretary of State must consult such persons as he considers appropriate.
(8) Subsection (7) may be satisfied by consultation that took place wholly or partly before the commencement of this section.
(9) An order under this section is subject to the negative resolution procedure.
(10) Where a scheme established under this section in relation to the distribution of electricity within a particular area is in force, no scheme shall be established under this section in relation to the distribution of electricity outside that area.
(11) Where a scheme is established under this section, it shall be the duty of the Secretary of State to carry out a review of that scheme—
(a) three years after its establishment; and
(b) thereafter at three yearly intervals.
(12) Part 1 of the 1989 Act shall have effect as if every requirement or other duty imposed on a licence holder under this section were a relevant requirement within the meaning of that Part (see section 25(8) of that Act).
(13) In this section—
“authorised distributor” and “authorised supplier” have the same meanings as in Part 1 of the 1989 Act;
“authorised transmitter” means a person authorised by a licence under section 6(1)(b) of that Act to participate in the transmission of electricity;
“distributing”, “distribution” and “distribution system” have the same meanings as in Part 1 of that Act;
“licence” means a licence for the purposes of section 4 of that Act;
“licence holder” has the same meaning as in Part 1 of that Act;
“premises” has the same meaning as in Part 1 of that Act;
“relevant distributor” means an authorised distributor who distributes electricity by means of a distribution system to which at least 100,000 premises are connected.
(1) The Secretary of State may make an order under this section if it appears to him—
(a) that a particular area of Great Britain is suitable as a location for the generation of electricity from renewable sources;
(b) that, as a result, that area represents an area of high potential for the development of the generation of electricity from such sources; and
(c) that that development is likely to be deterred, or otherwise hindered in a material respect, by the level of charges that would (apart from the order) be imposed by authorised transmitters on persons generating electricity in that area from renewable sources.
(2) An order under this section is one that establishes a scheme which—
(a) limits the amounts of charges that authorised transmitters may impose on persons so generating electricity in that area to amounts determined in accordance with provision contained in the scheme; and
(b) requires the charges imposed by the authorised transmitters on authorised suppliers to be adjusted in accordance with the scheme for the purpose of making good shortfalls resulting from that limitation.
(3) An order under this section establishing a scheme in relation to the generation of electricity from renewable sources in a particular area must specify the area.
(4) For the purpose of facilitating the implementation of a scheme an order under this section may make such modifications as the Secretary of State considers appropriate of the conditions of the licences of authorised transmitters and of authorised suppliers.
(5) For the purpose of carrying out the functions conferred on him by or under this section the Secretary of State may require—
(a) an authorised supplier,
(b) an authorised distributor, or
(c) an authorised transmitter,
to supply him, in a specified form and within a specified time, with information of a specified description.
(6) No person may be required under subsection (5) to supply information he could not be compelled to give in evidence in civil proceedings in the High Court or the Court of Session.
(7) Before making an order under this section the Secretary of State must—
(a) publish a draft of any scheme proposed to be established by the order;
(b) publish an assessment of the costs likely to be incurred by different persons in consequence of the order; and
(c) consult authorised suppliers and such other persons likely to be affected by the order as he considers appropriate.
(8) An assessment published under subsection (7)(b) must set out, in particular, the Secretary of State’s assessment of the likely effect of the order on charges for electricity in Great Britain.
(9) Subsection (7) may be satisfied by publications and consultation taking place wholly or partly before the commencement of this section.
(10) Where a scheme in relation to the generation of electricity from renewable sources within a particular area is in force, no scheme shall be established in relation to the generation of electricity from renewable sources outside that area.
(11) A scheme shall not be applied in relation to a time more than ten years after the commencement of this section.
(12) A scheme—
(a) shall not be applied for a period of more than five years; but
(b) subject to subsection (11), may be renewed at any time by a further order under this section for a period of no more than five years from the coming into force of the further order.
(13) Part 1 of the 1989 Act shall have effect as if every requirement or other duty imposed on a licence holder under this section were a relevant requirement within the meaning of that Part (see section 25(8) of that Act).
(14) In this section—
“authorised distributor” and “authorised supplier” have the same meanings as in Part 1 of the 1989 Act;
“authorised transmitter” means a person authorised by a licence under section 6(1)(b) of that Act to participate in the transmission of electricity;
“licence” means a licence for the purposes of section 4 of that Act;
“licence holder” has the same meaning as in Part 1 of that Act;
“renewable sources” means sources of energy in relation to which the following condition is satisfied, namely, that the production of evidence in respect of electricity generated from those sources is capable of satisfying a renewables obligation imposed by an order under section 32 of that Act (obligation in respect of electricity generated from renewable sources);
“scheme” means a scheme established by an order under this section.
(15) The power to make an order containing provision authorised by this section is subject to the affirmative resolution procedure.
In section 105 of the Utilities Act 2000 (c. 27) (general restrictions on disclosure of information)—
(a) in subsection (1)(a) for “or Part I of the 1989 Act” substitute “, Part 1 of the 1989 Act or section 184(5) or 185(5) of the Energy Act 2004”; and
(b) in subsection (3)(a) after “1989 Act” insert “, section 184 or 185 of the Energy Act 2004”.
(1) If the Scottish Ministers so direct, the person prescribed under section 33(1)(b) of the 1989 Act (collection of fossil fuel levy) must pay an amount into the Scottish Consolidated Fund out of money that has been paid under section 33(5A) of that Act.
(2) The Scottish Ministers shall, in making budget proposals to the Scottish Parliament, include provision that the required amount for the financial year to which the proposals relate be used for the purpose of promoting the use of energy from renewable sources.
(3) In subsection (2)—
“budget proposals” means proposals made, in relation to each Bill for a Budget Act, for the use of resources;
“the required amount” means an amount of money equal to the total of the amounts paid into the Scottish Consolidated Fund under subsection (1) in the financial year in question; and
“renewable sources” means sources of energy other than fossil fuel or nuclear fuel.
(4) In subsection (3), “fossil fuel” means coal, substances produced directly or indirectly from coal, lignite, natural gas, crude liquid petroleum, or petroleum products (and “natural gas” and “petroleum products” have the same meanings as in the Energy Act 1976 (c. 76)).
(5) The Scottish Ministers' duty under subsection (2) is without prejudice to any power or duty of theirs apart from this section to spend money for the purpose mentioned in that subsection.
(6) In this section references to section 33 of the 1989 Act are references to that section as it has effect in Scotland.