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The Secretary of State, in exercise of the powers conferred on him by section 110 of the Utilities Act 2000[1], hereby makes the following Order: - Citation and interpretation 1. - (1) This Order may be cited as the Utilities Act 2000 (Commencement No. 1 and Saving) Order 2000. (2) In this Order:
(3) In this Order (save where the context otherwise requires) references to sections are references to sections of the Act.
(This note is not part of the Order) This is the first Commencement Order made under the Utilities Act 2000 ("the Act"). Sections 68 and 110 came into force on the passing of the Act. Article 2 of the Order brings into force on 29th September 2000 certain provisions of the Act. Article 2 brings into force section 27 in so far as this section relates to the making of regulations by the Secretary of State. Section 27(1) enables the Secretary of State to make regulations prescribing descriptions of information which the Gas and Electricity Markets Authority, a licence holder or the Gas and Electricity Consumer Council may refuse to supply under section 24 or 26 or prescribing the circumstances in which the Authority, a licence holder or the Council may refuse to comply with a direction under section 24 or 26. Under section 27(3) regulations may also appoint a person to determine disputes arising from a failure to provide information. Section 67 of the Act which article 2 brings into force creates an order making power for the Secretary of State to make saving and supplementary provision relating to sections 32 and 33 of the Electricity Act 1989. Article 2 also brings into force section 106 (which deals with interpretation), section 107 (relating to financial provisions) and section 109 (the power to make transitional provision etc.). Article 3 of the Order brings into force, on 21st November 2000, section 66 of the Act. Section 66 of the Act repeals section 33 of the Electricity Act 1989 which relates to the fossil fuel levy. Article 3(2) of this Order includes a saving provision with the effect that where an Order providing for section 33 of the Electricity Act 1989 to continue to have effect (despite its repeal) is made under section 67 of the Act, then any regulations made under section 33 before 21st November 2000 shall also continue to have effect. This saving makes provision for continuity in the collection of and payments out of the fossil fuel levy beyond 21st November 2000. Notes: [1] 2000 c. 27.back
ISBN 0 11 099972 X
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