Office of Public Sector Information
(1) In section 4AA of the Gas Act 1986 (c. 44) (duties of the Gas and Electricity Markets Authority)—
(a) in subsection (1) after “interests of” insert “existing and future”,
(b) after subsection (2)(b) insert “; and
(c) the need to contribute to the achievement of sustainable development.”,
(c) omit subsection (5)(ba), and
(d) in subsection (6) for “this section “consumers” includes” substitute “subsections (3) and (4) references to consumers include”.
(2) In section 3A of the Electricity Act 1989 (c. 29) (duties of the Gas and Electricity Markets Authority)—
(a) in subsection (1) after “interests of” insert “existing and future”,
(b) after subsection (2)(b) insert “; and
(c) the need to contribute to the achievement of sustainable development.”,
(c) omit subsection (5)(ba), and
(d) in subsection (6) for “this section “consumers” includes” substitute “subsections (3) and (4) references to consumers include”.
(1) The Secretary of State may modify—
(a) a condition of a particular licence under section 6(1)(a) to (d) of the Electricity Act 1989 (generation, transmission, distribution and supply licences);
(b) the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act;
(c) a document maintained in accordance with the conditions of licences under section 6(1)(a) to (d) of that Act, or an agreement that gives effect to a document so maintained.
(2) The Secretary of State may exercise the power conferred by subsection (1) for the purpose only of facilitating—
(a) access to a transmission system in Great Britain or offshore waters;
(b) efficient use of a transmission system in Great Britain or offshore waters.
(3) The power conferred by subsection (1)—
(a) may be exercised to make different provision in relation to different classes of customer;
(b) may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);
(c) may be exercised differently in different cases or circumstances;
(d) includes a power to make incidental, supplementary, consequential or transitional modifications.
(4) The power conferred by subsection (1) may not be exercised after the end of the period of 2 years beginning with the day on which that subsection comes into force.
(5) Provision included in a licence by virtue of that power—
(a) need not relate to the activities authorised by the licence;
(b) may do any of the things authorised by section 7(2) to (4) of the Electricity Act 1989 (c. 29) (which apply to the Gas and Electricity Markets Authority’s power with respect to licence conditions under section 7(1)(a)).
(6) In this section—
“offshore waters” means—
waters in or adjacent to Great Britain which are between the low water mark and the seaward limits of the territorial sea, and
waters within an area designated under section 1(7) of the Continental Shelf Act 1964 (c. 29);
“transmission system” has the meaning given by section 4(4) of the Electricity Act 1989.
(1) Before making a modification, the Secretary of State must consult—
(a) the holder of any licence being modified,
(b) the Gas and Electricity Markets Authority, and
(c) such other persons as the Secretary of State considers appropriate.
(2) Subsection (1) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
(3) The Secretary of State must publish details of any modifications as soon as reasonably practicable after they are made.
(4) In this section “modification” means a modification under section 84.
(1) A modification under section 84 of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Electricity Act 1989 (c. 29).
(2) Where the Secretary of State makes modifications under section 84(1)(b) of the standard conditions of a licence of any type, the Gas and Electricity Markets Authority must—
(a) make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
(b) publish the modification.
(3) The Secretary of State may by order make such modifications of provisions made by or under an Act or an Act of the Scottish Parliament (whenever passed or made) as the Secretary of State considers appropriate in consequence of provision made under section 84.
(1) In section 1 of the Sustainable Energy Act 2003 (c. 30) (annual reports on progress towards sustainable energy aims)—
(a) in subsection (1) for “in each calendar year, beginning with 2004,” substitute “, for each reporting period,”,
(b) in subsection (1A) omit paragraphs (a), (b) and (c),
(c) omit subsections (1B) and (1C),
(d) for subsections (2) and (3) substitute—
“(2) “Reporting period”, for the purposes of subsections (1) to (1AA), means—
(a) the period beginning with 24 February 2008 and ending with 31 December 2008, and
(b) each successive calendar year.
(3) A sustainable energy report must be published during the period beginning with 1 January and ending with 31 October following the reporting period to which it relates (“the publication period”).”, and
(e) after subsection (4) insert—
“(4A) A report or part of a report published under this section must specify the period to which it relates.”
(2) In section 5 of the Climate Change and Sustainable Energy Act 2006 (c. 19) (national microgeneration targets: modification of section 1 of the Sustainable Energy Act 2003) in subsection (2)—
(a) for “(1B)” substitute “(1AA)”, and
(b) omit “and as if” to the end.
(1) The Secretary of State may modify—
(a) a condition of a particular licence under section 6(1)(c) or (d) of the Electricity Act 1989 (c. 29) (distribution and supply licences);
(b) the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act;
(c) a condition of a particular licence under section 7 or 7A of the Gas Act 1986 (c. 44) (transporter, supply and shipping licences);
(d) the standard conditions incorporated in licences under those provisions by virtue of section 8 of that Act;
(e) a document maintained in accordance with the conditions of licences under section 6(1) of the Electricity Act 1989 or section 7 or 7A of the Gas Act 1986, or an agreement that gives effect to a document so maintained.
(2) The Secretary of State may exercise the power in subsection (1) for the purpose only of—
(a) requiring the holder of a licence to provide or install, or facilitate the provision, installation or operation of, meters of a particular kind, or
(b) requiring the holder of a licence to make arrangements related to the matters mentioned in paragraph (a).
(3) Modifications made by virtue of subsection (1) may include—
(a) technical specifications for meters (including specifications in respect of matters relevant to the ability to obtain remote access to meters);
(b) a prohibition on the supply of gas or electricity through a meter other than a meter which complies with a technical specification under paragraph (a);
(c) provision about the installation of meters which comply with a technical specification under paragraph (a) (including provision about the replacement of existing meters);
(d) provision about electricity generated by a customer;
(e) provision about the circumstances in which any pre-payment facilities of a meter may be utilised;
(f) provision about the use of a meter remotely to disconnect a customer’s premises;
(g) provision about the protection of consumers;
(h) provision about access to, and the use of, an electricity distribution system or part of an electricity distribution system for communication in connection with a meter;
(i) provision about access to information from meters (including provision enabling a customer, or a person acting on a customer’s behalf, to have access to information about the customer’s consumption of gas or electricity);
(j) provision about communication of information by or to meters (including provision about its onward communication) and about the use of such information;
(k) provision requiring the holder of the licence to enter (or refrain from entering) into an agreement of a specified kind, or with a specified person;
(l) provision specifying, or enabling the determination of, a date from which a modification is to take effect.
(4) The power conferred by subsection (1)—
(a) may be exercised to make different provision in relation to different classes of customer;
(b) may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);
(c) may be exercised differently in different cases or circumstances;
(d) includes a power to make incidental, supplementary, consequential or transitional modifications.
(5) The power conferred by subsection (1) may not be exercised after the end of the period of 5 years beginning with the day on which that subsection comes into force.
(6) Provision included in a licence by virtue of that power—
(a) need not relate to the activities authorised by the licence;
(b) in the case of a licence under section 7 or 7A of the Gas Act 1986 (c. 44), may do any of the things authorised by section 7B(5) of that Act (which apply to the Gas and Electricity Markets Authority’s power with respect to licence conditions under section 7B(4)(a));
(c) in the case of a licence under section 6(1)(c) or (d) of the Electricity Act 1989 (c. 29), may do any of the things authorised by section 7(2) to (4) of that Act (which apply to that Authority’s power with respect to licence conditions under section 7(1)(a)).
(7) In this section a reference to a meter includes a reference to a visual display unit, or any other device, associated with or ancillary to a meter.
(1) Before making a modification, the Secretary of State must consult—
(a) the holder of any licence being modified,
(b) the Gas and Electricity Markets Authority, and
(c) such other persons as the Secretary of State considers appropriate.
(2) Subsection (1) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
(3) Before making modifications, the Secretary of State must lay a draft of the modifications before Parliament.
(4) If, within the 40-day period, either House of Parliament resolves not to approve the draft, the Secretary of State may not take any further steps in relation to the proposed modifications.
(5) If no such resolution is made within that period, the Secretary of State may make the modifications in the form of the draft.
(6) Subsection (4) does not prevent a new draft of proposed modifications being laid before Parliament.
(7) The Secretary of State must publish details of any modifications as soon as reasonably practicable after they are made.
(8) In this section “40-day period”, in relation to a draft of proposed modifications, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).
(9) For the purposes of calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
(10) In this section “modification” means a modification under section 88.
(1) A modification under section 88 of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986 (c. 44) or Part 1 of the Electricity Act 1989 (c. 29).
(2) Where the Secretary of State makes modifications under section 88(1)(b) or (d) of the standard conditions of a licence of any type, the Gas and Electricity Markets Authority must—
(a) make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
(b) publish the modification.
(3) The Secretary of State may by order make such modifications of provision made by or under an Act or an Act of the Scottish Parliament (whenever passed or made) as the Secretary of State considers appropriate in consequence of provision made under section 88.
Schedule 4 contains amendments to the Gas Act 1986 and the Electricity Act 1989.
(1) The functions of the Gas and Electricity Markets Authority (“the Authority”) under gas meter legislation are transferred to the Secretary of State.
(2) References in gas meter legislation to the Authority (including references in that legislation which, by virtue of section 3(2) of the Utilities Act 2000 (c. 27), are treated as references to the Authority) are to be treated, so far as necessary for the purposes or in consequence of the transfer, as if they were references to the Secretary of State.
(3) Regulations made, or treated as made, by the Authority under section 17 of the Gas Act 1986 (gas meter testing and stamping) and in force immediately before commencement have effect on and after commencement as if they had been made by the Secretary of State.
(4) Anything else done by the Authority under gas meter legislation which has effect immediately before commencement has effect on and after commencement as if it had been done by the Secretary of State.
(5) In this section—
“commencement” means the day on which this section comes into force;
“gas meter legislation” means—
section 17 of the Gas Act 1986 (c. 44), and
gas meter regulations;
“gas meter regulations” means—
the Measuring Instruments (EEC Requirements) Regulations 1988 (S.I. 1988/186);
the Measuring Instruments (EEC Requirements) (Gas Volume Meters) Regulations 1988 (S.I. 1988/296);
the Measuring Instruments (Non-Prescribed Instruments) Regulations 2006 (S.I. 2006/1270);
the Measuring Instruments (Gas Meters) Regulations 2006 (S.I. 2006/2647);
any regulations made, or treated as made, under section 17 of the Gas Act 1986.
(1) Section 17 of the Gas Act 1986 is amended as follows.
(2) In subsection (2) for the words “a member of the Director’s staff” (which, by virtue of section 3(2) of the Utilities Act 2000 (c. 27), are treated as a reference to a member of the staff of the Gas and Electricity Markets Authority) substitute “employed in the civil service of the State”.
(3) In subsections (7), (8) and (10) for the words “members of the Director’s staff” (which, by virtue of section 3(2) of the Utilities Act 2000, are treated as references to members of the Authority’s staff) substitute “employed in the civil service of the State”.
(4) After subsection (7) insert—
“(7A) The Secretary of State may pay, out of money provided by Parliament, to meter examiners who are not employed in the civil service of the State or to any employer of such examiners—
(a) sums in connection with the performance by such examiners of functions conferred by or under this section or gas meter regulations (within the meaning of section 92 of the Energy Act 2008), and
(b) sums in respect of any pension payable to or in respect of such examiners.”
(5) In subsection (9) omit “with the consent of the Secretary of State”.
(1) The Secretary of State may modify—
(a) the conditions of a particular licence under section 7 of the Gas Act 1986;
(b) the standard conditions incorporated in licences under that section by virtue of section 8 of that Act.
(2) The Secretary of State may exercise the power in subsection (1) for the purpose only of enabling the Gas and Electricity Markets Authority (“the Authority”) to recover and pay into the Consolidated Fund amounts in respect of—
(a) payments made by the Secretary of State by virtue of section 17(7) or (7A) of the Gas Act 1986 (c. 44);
(b) other costs incurred by the Secretary of State in performing a function conferred by section 17 of the Gas Act 1986 or by gas meter regulations (within the meaning of section 92).
(3) The power in subsection (1) includes a power to make incidental, consequential or transitional modifications.
(4) Before making a modification under this section the Secretary of State must consult—
(a) the holder of any licence being modified,
(b) the Authority, and
(c) such other persons as the Secretary of State considers appropriate.
(5) Subsection (4) may be satisfied by consultation before, as well as by consultation after, the time when this section comes into force.
(6) The Secretary of State must publish modifications under this section.
(7) A modification under subsection (1)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986.
(8) Where the Secretary of State modifies the standard conditions under subsection (1)(b), the Authority must—
(a) make the same modifications of those standard conditions for the purposes of their incorporation in licences granted after that time, and
(b) publish the modifications.
(9) The power under subsection (1) may not be exercised after the end of the period of 6 months beginning with the day on which that subsection comes into force.
(1) The functions of the Gas and Electricity Markets Authority (“the Authority”) under electricity meter legislation are transferred to the Secretary of State.
(2) References in electricity meter legislation to the Authority (including references in that legislation which, by virtue of section 3(2) of the Utilities Act 2000 (c. 27), are treated as references to the Authority) are to be treated, so far as necessary for the purposes or in consequence of the transfer, as if they were references to the Secretary of State.
(3) Regulations made, or treated as made, by the Authority under Schedule 7 (other than paragraph 12 of that Schedule) to the Electricity Act 1989 (c. 29) (electricity meters) and in force immediately before commencement have effect on and after commencement as if they had been made by the Secretary of State.
(4) Anything else done by the Authority under electricity meter legislation which has effect immediately before commencement is treated on and after commencement as if it had been done by the Secretary of State.
(5) In this section—
“commencement” means the day on which this section comes into force;
“electricity meter legislation” means—
Schedule 7 (other than paragraph 12 of that Schedule) to the Electricity Act 1989 (c. 29), and
electricity meter regulations;
“electricity meter regulations” means—
the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 (S.I. 1995/2607);
the Electromagnetic Compatibility Regulations 2006 (S.I. 2006/3418);
the Measuring Instruments (Active Electrical Energy Meters) Regulations 2006 (S.I. 2006/1679);
any regulations made under Schedule 7 (other than paragraph 12 of that Schedule) to the Electricity Act 1989.
(1) The Electricity Act 1989 is amended as follows.
(2) In section 106 (regulations and orders), in subsection (1) after “conferred by” insert “section 23,”.
(3) In paragraph 1 of Schedule 7 (consumption to be monitored by appropriate meters)—
(a) for sub-paragraph (7) substitute—
“(7) In relation to a dispute arising under this paragraph between an electricity supplier and a customer, section 23 of this Act applies with the substitution, for references to the Authority (and references treated as references to the Authority) of references to the Secretary of State.”, and
(b) in sub-paragraphs (8) and (9), after “section 23 of this Act” insert “(as modified by sub-paragraph (7))”.
(4) In paragraph 4 of that Schedule (appointment of meter examiners)—
(a) in sub-paragraph (2) after “examiners” insert “employed in the civil service of the State”,
(b) after that sub-paragraph insert—
“(2A) The Secretary of State may pay, out of money provided by Parliament, to meter examiners who are not employed in the civil service of the State or to any employer of such examiners—
(a) sums in connection with the performance by such examiners of functions conferred by or under this Schedule or electricity meter regulations (within the meaning of section 95 of the Energy Act 2008), and
(b) sums in respect of any pension payable to or in respect of such examiners.”, and
(c) in sub-paragraph (3) after “examiners” insert “employed in the civil service of the State”.
(5) In paragraph 5 of that Schedule (certification of meters), in sub-paragraph (4)(b) after “paid” (in the first place) insert “to meter examiners employed in the civil service of the State”.
(6) In paragraph 6 of that Schedule (apparatus for testing etc of meters), in sub-paragraph (2) for “their functions under” substitute “functions conferred by or under”.
(7) In paragraph 7 of that Schedule (testing etc of meters)—
(a) in sub-paragraph (1) after “examiner” insert “employed in the civil service of the State”, and
(b) in sub-paragraph (3) after “paid” (in the first place) insert “to meter examiners employed in the civil service of the State”.
(8) For paragraph 10 of that Schedule (meters to be kept in proper order), for sub-paragraph (2A) substitute—
“(2A) In relation to a dispute arising under this paragraph between an electricity supplier and a customer, section 23 of this Act applies, with the substitution for references to the Authority (and references treated as references to the Authority) of references to the Secretary of State.”
(9) In paragraph 13 of that Schedule (interpretation) for the definition of “regulations” substitute—
““regulations” means—
(a) in paragraph 12, regulations made by the Authority with the consent of the Secretary of State, and
(b) in every other case, regulations made by the Secretary of State.”
(1) The Secretary of State may modify—
(a) a condition of a particular licence under section 6(1)(b) or (c) of the Electricity Act 1989 (c. 29) (transmission and distribution licences);
(b) the standard conditions incorporated in licences under those provisions by virtue of section 8A of that Act.
(2) The Secretary of State may exercise the power in subsection (1) for the purpose only of enabling the Gas and Electricity Markets Authority (“the Authority”) to recover and pay into the Consolidated Fund amounts in respect of—
(a) payments made by the Secretary of State by virtue of paragraph 4(2) or (2A) of Schedule 7 to the Electricity Act 1989 (payments relating to meter examiners);
(b) other costs incurred by the Secretary of State in performing a function conferred by Schedule 7 to the Electricity Act 1989 or by electricity meter regulations (within the meaning of section 95).
(3) The power in subsection (1) includes a power to make incidental, consequential or transitional modifications.
(4) Before making a modification under this section the Secretary of State must consult—
(a) the holder of any licence being modified,
(b) the Authority, and
(c) such other persons as the Secretary of State considers appropriate.
(5) Subsection (4) may be satisfied by consultation before, as well as by consultation after, the time when this section comes into force.
(6) The Secretary of State must publish modifications under this section.
(7) A modification under subsection (1)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Electricity Act 1989 (c. 29).
(8) Where the Secretary of State modifies the standard conditions of licences of any type under subsection (1)(b), the Authority must—
(a) make the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
(b) publish the modifications.
(9) The power under subsection (1) may not be exercised after the end of the period of 6 months beginning with the day on which that subsection comes into force.
(1) Section 16A of the Electricity Act 1989 (procedure for requiring a connection) is amended as follows.
(2) After subsection (4) insert—
Energy Act 2008