Legalize / United Kingdom / Public General Act

Gas Act 1986

Type Public General Act

Publication 1986-07-25

Last updated 2025-11-13

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

[^key-f6534c11e5849729f8334f1ec8d5622c]: Ss. 6B , 6C inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 20(2)

[^key-f68e0628e06a399b61be9f7f5b7e64ca]: Words in s. 33BC(11) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(11) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

[^key-f70d769a842108d526e924fccad5b930]: S. 33BC(2A) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(3), 121(3)

[^key-f77dcac8fe53adb90a50912523351116]: Word in s. 48(1) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(8)(a), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2

[^key-f7e43fbe2d3b2f8e49a4d1a7b444c758]: S. 19C(3)(3A) substituted for s. 19C(3) (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(5)

[^key-f80809370fa0c1c01ed324b4d0bd29d1]: Word in s. 23C heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 17(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f83ac1bc0dbfc9fdfd5f69f3307cedb8]: S. 4AA(4)(b)(i) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 81 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

[^key-f83eb5502ba6f220e5205a45d3ba57b2]: Word in Sch. 4A para. 2(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 29(3)(e)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f843f52a5ef74f84e08b2586e0c6393f]: S. 32 repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 8; S.I. 2008/2550, art. 2, Sch.

[^key-f851cda2aab29e8d5750f5dd0c83e952]: Word in Sch. 4A para. 3(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 29(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f97a6ed3283ca4483c97883f640abd85]: Words in s. 4D(3) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 46(a) (with art. 3)

[^key-fa1463468f3e9131b6cbd38a96b448e8]: Words in s. 8E(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 13(4) (with reg. 14) (as amended by S.I. 2020/1016, regs. 1(2), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fac1ae9f8f076c88f1d786a6c81dd59f]: Word in s. 23F(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 20(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-fb32e9937044340852ff2d1c619f4af8]: Words in s. 34(2A)(b) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 34(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fb7359a0a8e4c1923f53943eb5425ea7]: S. 4E repealed (31.12.2020 immediately before IP completion day) by The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 10(4)

[^key-fb8bda44b08b548a622ba151916a316e]: S. 36C inserted (18.10.2011) by Energy Act 2011 (c. 16), ss. 81(1), 121(4) (with s. 81(2))

[^key-fbd443b9b71c2186675c480396095c96]: Words in s. 27(1)(b) inserted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 2(7)

[^key-fc2d0af54524173516b9f65b485db3e7]: S. 5(1)(a) restricted (conditional) (12.8.2013) by The Gas Act 1986 (Exemption) (Onshore Gas) Order 2013 (S.I. 2013/1726), arts. 1, 3, 4

[^key-fcc3f3f6de7fa88eaa0b709cd666637b]: Word in s. 23E(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-fcec546bfe22ee27dd00bd4461e915fe]: Words in s. 41D(2) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(12) (with art. 5)

[^key-fe71a61d5fe1f0fec95079ad62ccaa8e]: Words in s. 19D(1) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(a)

[^key-fef118a857deff331044a3ef7ba8ecbe]: Words in s. 4D(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fef50324d50656ae9f01ca1326d0331c]: Words in s. 19E(1) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 6(a)

[^key-ff6494b862237264218c58ca521cbeef]: Word in s. 8N(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(2)(b) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ff7cb83af6c10344389c29021239ab33]: Words in s. 4AA(5)(b) inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 18(2)(a)

[^key-ff89c8fdd0e3fe0bd4b977520d2f320d]: Words in s. 36(5) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 97(4), 115(3)(k)

[^key-ff9702d477d6c7e6360e9c6cab1793bb]: Words in s. 4AA(8) substituted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 18(3)

[^M_C_240209fc-6d14-478c-8626-f3140a7a5a85]: Act: power to amend conferred (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 138(2)-(7), 339(2)(c)

[^M_C_76ab7dfb-df0f-485b-a462-b2b481a26d04]: Act: power to exclude or modify (including by way of amendment) conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 155(1)(2), 334(3)(e)

[^M_C_a7e75168-a2db-4396-be9f-af5f012a4a0f]: Act: references to the Director General of Gas Supply ("the Director") shall be read as references to the Gas and Electricity Markets Authority ("the Authority") (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch.

[^M_C_ee52f3a8-db2c-4561-b3ed-ae149f3332f3]: Act: references to a public gas transporter or to the holder of a licence under section 7 of the 1986 Act shall have effect as if they were references to a gas transporter (1.10.2001) by virtue of Utilities Act 2000 (c. 27), s. 76(7); S.I. 2001/3266, art. 2, Sch. (with arts. 3-20)

[^M_F_2e9154ad-3676-480b-8be2-0329b463e741]: Sch. 4B inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(6), Sch. 3

[^M_F_37d5e6d2-f893-4fb5-e02f-4790a251476a]: Words in s. 64(2) repealed (1.3.1996) by 1995 c. 45, ss. 11(7), 17(5), Sch. 6; S.I. 1996/218, art. 2

[^M_F_8d61c9bc-020f-4e33-ead9-573492093108]: Words in Sch. 3 para. 10 substituted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 22 para. 4; S.I. 2007/2709, art. 5(b)

[^M_F_e0c7c866-4912-44f9-9aa2-1b8bc2a0348d]: Words in s. 41E(6)(c) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)

[^key-91ea1212ccfd171cdb696fe7b542a9b3]: Ss. 4AA-4B applied (10.9.2024) by Energy Act 2023 (c. 52), ss. 196, 334(1); S.I. 2024/890, reg. 2(b)(vii)

[^key-03526a01468076529272e903df04acef]: Sch. 4B para. 9B and cross-heading inserted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 4; S.I. 2024/890, reg. 2(b)(x)

[^key-4fe685151c37f3cddd05e63ea2993c73]: S. 7AC inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(6), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-0c65ae77c08af283150c28cd53573c42]: S. 5(1)(e) and word inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(3), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-8e98252c160cb09e5478510216ef0689]: S. 5(11A)(11B) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(4), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-114589ee6b690b17282254d54d91179e]: Word in s. 5(12) omitted (10.9.2024) by virtue of Energy Act 2023 (c. 52), ss. 185(5)(a), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-52b52ec546707adfc7ec47ef28c88eca]: Words in s. 5(12) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(5)(b), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-357223ad88a0c0655072a20ae73a96ff]: Words in s. 6A(1) substituted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 2; S.I. 2024/890, reg. 2(b)(x)

[^key-3aaa191ee00baf27db543bba42b6331e]: S. 7B(5FA) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(13), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-f29f82af38f12dd0c24b99bd551890dc]: Words in s. 7B(5A) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(8)(a), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-f1d8cc8aad4cee595092333f861e8af3]: Words in s. 7B(5A) substituted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(8)(b), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-011a76035ca2805f21142651f9d81f2c]: Words in s. 7B(5B) substituted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(9)(a), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-76466b8806e4e4e78aebbde91121d30c]: Words in s. 7B(5B)(b)(ii) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(9)(b), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-59e7c61431da7c61d4548e4768d77401]: Words in s. 7B(5C) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(10), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-51f033bbb5513bbea8cbe1d1993af433]: Words in s. 7B(5D) substituted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(11), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-f72be914b3a1ee1684a7dc1a85a9a355]: Words in s. 7B(5E)(a) substituted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(12)(a), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-7d7a698d4b143568434a882363239070]: Words in s. 7B(5E)(b) substituted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(12)(b), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-e6e4fbb0b507c7b15eb097ed3a359fca]: S. 8AA(11B) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(14), 334(1); S.I. 2024/890, reg. 2(b)(ii)

[^key-7a15c61dfeb06ca96d4026fc9c41fd02]: S. 28(8A) inserted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 3(3); S.I. 2024/890, reg. 2(b)(x)

[^key-7b7c2960c90a61d88625d176b045c51c]: Words in s. 28(8) inserted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 3(2); S.I. 2024/890, reg. 2(b)(x)

[^M_F_f1a13a5b-1538-47ea-f363-3bf23f3e504d]: S. 38(1)(ea) inserted (18.10.2011) by Energy Act 2011 (c. 16), ss. 81(3), 121(4)

[^key-8cba12b522ff9acc2b8732f9a019205c]: Sch. 4B para. 3A and cross-heading inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(11)(b); S.I. 2024/957, reg. 2(a)

[^key-fc79148f147fa72643a50c39199b09f5]: Word in s. 27B(1)(a) omitted (1.10.2024) by virtue of The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(8)(a); S.I. 2024/957, reg. 2(a)

[^key-6325e50403810eeaa71eb58fb6a68db4]: S. 27B(1)(a)(vii) and word inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(8)(b); S.I. 2024/957, reg. 2(a)

[^key-4616613dabfa76a89e1107075dbc887b]: Words in s. 36(1) substituted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(9)(a); S.I. 2024/957, reg. 2(a)

[^key-5709283f177bb1881099be2006ad94ff]: Words in s. 36(2)(d) substituted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(9)(b); S.I. 2024/957, reg. 2(a)

[^key-b7483b0aae3c2305e45faaf0f1a4bb5f]: Words in s. 48(1) inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(10)(b); S.I. 2024/957, reg. 2(a)

[^key-c86e8416c237e2eeedab8efd6d6d2e84]: Words in Sch. 4B para. 1 inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(11)(a); S.I. 2024/957, reg. 2(a)

[^key-5772e0f8d14ca4d5fd0c563c223deb15]: Sch. 4B para. 9A cross-heading substituted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(11)(c); S.I. 2024/957, reg. 2(a)

[^key-288778118125337cb6c2d6a2393638bd]: Words in Sch. 4B para. 9A inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(11)(d); S.I. 2024/957, reg. 2(a)

[^key-a0633ef20c3e84e16952712c7366c099]: Word in s. 36A(3) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 18(4); S.I. 2024/1226, regs. 1(2), 2(1)(16)

[^key-202b1705d926754b29b853b85e17965b]: Word in s. 36A(3A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 18(5); S.I. 2024/1226, regs. 1(2), 2(1)(16)

[^key-2a9a216fee0e13be964fb482d21d8022]: Words in s. 36A(3A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 11; S.I. 2024/1226, regs. 1(2), 2(1)(17)

[^key-2a587770d5ae790231af32b7e1b2f550]: S. 36A(8) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 18(7); S.I. 2024/1226, regs. 1(2), 2(1)(16)

[^key-1bc1cac9b590bda5f607a28414d64f38]: Word in s. 36A(7)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 18(6); S.I. 2024/1226, regs. 1(2), 2(1)(16)

[^key-5e53bc4fad62b1bb6d97a5cce9df0824]: Word in s. 36A(2A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 18(2); S.I. 2024/1226, regs. 1(2), 2(1)(16)

[^key-b7add710793a5fa07f769b6e15bfd242]: Word in s. 36A(2B)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 18(3); S.I. 2024/1226, regs. 1(2), 2(1)(16)

[^key-b5ba5629af25abbe430ac50dc7a76202]: S. 41EB(7) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(5); S.I. 2024/1226, regs. 1(2), 2(1)(22)

[^key-932b605abe0cbd48c321db842133496f]: Words in s. 41EB(4) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)

[^key-91360e49be783145efa3009685eb20c8]: Words in s. 41EB(4) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(3)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)

[^key-7c237ac448dcba6a078015e42d50d1c5]: Words in s. 41EB(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)

[^key-845962d4e65f3a5afaca127a86cf39ee]: Words in s. 41EB(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)

[^key-bb5fa6a6452294d94a429bc93969701e]: Words in s. 41EB(5) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(4)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)

[^key-bdf58ce3d71e7e61dea1b5157ff95ab4]: Words in s. 41EB(5) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(4)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)

[^key-455ab46de17d1cc552b78791ca77fcd1]: S. 36A(11) inserted (1.1.2025 for specified purposes, 6.4.2025 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 29 para. 8; S.I. 2024/1226, regs. 1(2), 2(1)(21); S.I. 2025/272, reg. 2(1)(13)

[^key-f5c2e716223e29107d4476333cbac5a3]: Sch. 3 applied (13.11.2025) by The Stonestreet Green Solar Order 2025 (S.I. 2025/1175), art. 1, Sch. 12 para. 8(3) (with art. 40, Sch. 13)

Standards of performance in individual cases.

Promotion of reductions in home-heating costs: gas transporters and gas suppliers

Amendments, transitional provisions, savings and repeals.

Information with respect to levels of performance.

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19DA

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7ZA

(1) Subject to subsection (2), the Authority may grant a licence authorising any person to participate in the operation of a gas interconnector.

(2) A licence shall not be granted under this section to a person who is the holder of a licence under section 7 or 7A.

(3) A licence under this section—

(a) must specify the interconnector or interconnectors in relation to which participation is authorised; and

(b) may limit the forms of participation in the operation of an interconnector which are authorised by the licence.

Reports on references.

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64A

(1) Where by virtue of this Act an act or omission taking place outside Great Britain constitutes an offence, proceedings for the offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Great Britain.

(2) Provision made by or under this Act in relation to places outside Great Britain—

(a) so far as it applies to individuals, applies to them whether or not they are British citizens; and

(b) so far as it applies to bodies corporate, applies to them whether or not they are incorporated under the law of a part of the United Kingdom.

The principal objective and general duties of the Secretary of State and the Authority.

Acquisition of rights to use storage facilities.

Information with respect to levels of performance.

33DB

(1) This section applies in relation to standards prescribed by the Authority by regulations under section 43 of the Consumers, Estate Agents and Redress Act 2007 (standards for complaints handling) in relation to licence holders (or some of them).

(2) The Authority must from time to time collect information with respect to the levels of compliance with the standards which those licence holders have achieved.

(3) At such times as the Authority may direct, each of those licence holders must give the Authority such information as the Authority may direct with respect to the levels of compliance with the standards which the licence holder has achieved.

Reports on references.

Scottish Ministers' promotion of reductions in home-heating costs: gas suppliers

Information with respect to levels of performance.

41HA

(1) The Secretary of State may by order amend this Part so as to provide—

(a) for one or more activities within subsection (3) to be added to the activities which are licensable activities, or

(b) where an order has previously been made under paragraph (a) in relation to an activity, for the activity to cease to be a licensable activity.

(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) The activities within this subsection are activities connected with the provision, installation or operation of relevant meters, including the provision or installation of infrastructure, or the provision of services, in connection with the communication of information by or to such meters.

(4) In this section—

(a) “relevant meter” means a meter of a kind prescribed by the order;

(b) a reference to a meter includes a reference to a visual display unit, or any other device, associated with or ancillary to a meter.

(5) 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;

(b) 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 the activities;

(6) Without prejudice to the generality of subsections (1) and (5), an order under this section may also make provision—

(a) for licences to authorise the holder to carry out the licensable activities in any area, or only in an area specified in the licence;

(b) enabling the terms of the licence to be modified so as to extend or restrict the area in which the licence holder may carry on the licensable activities;

(d) for a licence, if not previously revoked, to continue in force for such period as may be specified in or determined by or under the licence;

(e) conferring functions on the Secretary of State or the Authority.

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

41HB

(1) Before making an order under section 41HA, the Secretary of State must consult—

(a) the Authority, and

(b) such other persons as the Secretary of State thinks appropriate.

(2) The power to make such an order may not be exercised after 1 November 2028.

(3) An order under section 41HA may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(4) Subsections (1) to (3) of section 47 apply in relation to orders under section 41HA as they apply in relation to regulations under this Part.

41HC

(1) The Secretary of State may by regulations make provision for a determination on a competitive basis of the person to whom a licence in respect of new licensable activities is to be granted.

(2) In this section “new licensable activities” means one or more activities which are the subject of an order under section 41HA(1)(a).

(3) The regulations may—

(a) provide for the determination to be made by the Secretary of State or the Authority;

(b) provide, in prescribed cases, for the publication of a proposal to grant a licence in respect of the new licensable activities;

(d) impose conditions in relation to the making of an application for a licence;

(e) impose restrictions in relation to persons who may apply for a licence;

(f) impose requirements as to the period within which applications must be made;

(g) make provision for regulating the manner in which applications are to be considered or determined;

(h) authorise or require the Secretary of State or the Authority, when determining to whom a licence is to be granted, to have regard to the person's suitability for being granted both the licence and an electricity licence;

(i) confer on the Authority or the Secretary of State functions in connection with tender exercises.

(4) The regulations may also include provision—

(a) enabling the Secretary of State or the Authority to require prescribed persons, in relation to a tender exercise, to make payments, in the form and manner prescribed, in respect of tender costs;

(b) about the effect on a person's participation in the tender exercise of a failure to comply with a requirement imposed by virtue of paragraph (a), and the circumstances in which the tender exercise is to stop as a result of such a failure.

(5) In this section—

“electricity licence” means a licence for an activity to which an order under section 56FA(1)(a) of the Electricity Act 1989 applies;

“prescribed” means prescribed in or determined under regulations under this section;

“tender costs”, in relation to a tender exercise, means any costs incurred or likely to be incurred by the Authority or the Secretary of State for the purposes of the exercise;

“tender exercise” means the steps taken in accordance with regulations with a view to determining to whom a particular licence is to be granted.

(6) Any sums received by the Secretary of State or the Authority under regulations made by virtue of this section are to be paid into the Consolidated Fund.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 27B disputes

27B

(1) For the purposes of sections 27C and 27D, a dispute is a “section 27B dispute” if—

(a) it arises from a written complaint—

(i) made against a gas transporter,

(ii) made against the holder of a licence under section 7ZA,

(iii) made against the owner of an LNG import or export facility,

(iv) made against the owner of a storage facility,

(v) made against a person carrying out an activity described in section 5(1)(a) or (aa) who has been granted an exemption under section 6A(1), ...

(vi) made by a person falling within paragraph (a) of subsection (1B) against a person falling within paragraph (b) of that subsection; or

(vii) made against the holder of a gas system planner licence;

(b) it is wholly or mainly a dispute regarding an obligation of the person complained against which falls within subsection (2A); and

(1A) Until section 75 of the Utilities Act 2000 comes into force the reference in subsection (1)(a)(v) above to a person who has been granted an exemption under section 6A(1) includes a person to whom one or more of the exceptions to section 5(1) contained in Schedule 2A applies.

(1B) For the purposes of subsection (1)(a)(vi)—

(a) a person falls within this paragraph if the person is certified on the ground mentioned in section 8G(5) in respect of a pipe-line system or gas interconnector;

(b) a person falls within this paragraph if the person is designated under section 8J(3)in respect of the pipe-line system or gas interconnector mentioned in paragraph (a).

(2) The reference in subsection (1)(a) to a complaint does not include a reference to—

(a) a complaint about a modification (or a failure to make a modification) of—

(i) a term or condition of a relevant licence held by the person complained against, or

(ii) an obligation or right contained in any code or other document and having effect by virtue of such a term or condition; or

(b) a complaint made by a person as a household customer or potential household customer.

(2A) An obligation of the person complained against falls within this subsection if it is—

(a) an obligation under a relevant condition or relevant requirement in relation to that person imposed before IP completion day for the purpose of implementing the Gas Directive, including such an obligation as modified on or after IP completion day, or

(b) an obligation under a relevant condition or relevant requirement in relation to that person imposed on or after IP completion day which, if it had been imposed immediately before IP completion day, would have been an obligation imposed for the purpose of implementing the Gas Directive.

(3) In this section and section 27C—

“household customer” means a customer who purchases gas for consumption by the customer’s own household;

“relevant licence” means a licence under section 7(2) or 7ZA.

27C

(1) A section 27B dispute (other than one which may be referred to the Authority under or by virtue of any other provision of this Act) may be referred to the Authority under this section by the person who is the complainant in relation to the dispute.

(2) A section 27B dispute referred to the Authority under this section shall be determined by order made either by the Authority or, if the Authority thinks fit, by an arbitrator (or in Scotland an arbiter) appointed by the Authority.

(3) The practice and procedure to be followed in connection with a section 27B dispute referred to the Authority under this section shall be such as the Authority may consider appropriate.

(4) An order under this section—

(a) may include such incidental, supplemental and consequential provision as the person making the order considers appropriate; and

(b) shall be final.

(5) The provision that may be included in an order under this section by virtue of subsection (4)(a) above includes provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order (“costs provision”).

(6) In including costs provision in an order under this section, the person making the order shall have regard to the conduct and means of the parties and any other relevant circumstances.

(7) Costs provision included in an order under this section shall be enforceable—

(a) in England and Wales, as if it were a judgment of the county court;

(b) in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.

(8) Sections 28 to 30F and 38 have effect in relation to a person against whom a complaint is made as mentioned in section 27B(1)(a), and on whom a duty or other requirement is imposed by an order under this section—

(a) as if references in those sections to a relevant requirement (other than the reference in section 28(8)) included references to that duty or requirement; and

(b) if the complaint is made against the person as mentioned in sub-paragraph (vi) of section 27B(1)(a), also as if references in those sections to a regulated person included references to that person.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27D

(1) An order determining a section 27B dispute (whether made under section 27C or made under or by virtue of any other provision of this Act) shall be made within the permitted period.

(2) Subject to subsection (3), the permitted period is the period of two months beginning with the day on which the dispute is referred to the Authority.

(3) Where the person determining the dispute requests further information from anyone for the purposes of determining the dispute, the person may, by giving notice to the parties, extend the permitted period—

(a) by two months, or

(b) with the agreement of the complainant, by a longer period.

(4) If a person refers a dispute to the Authority, or purports to do so, and the Authority gives to that person a notice—

(a) specifying information which it requires in order to assess whether the dispute is a section 27B dispute, or whether there is a dispute at all, and

(b) requesting the person to provide that information,

the dispute shall be treated for the purposes of subsection (2) as not referred to the Authority until the information is provided.

Promotion of reductions in home-heating costs: gas transporters and gas suppliers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments, transitional provisions, savings and repeals.

36C

(1) The Authority may direct the operator of the gas National Transmission System to make a modification to which this section applies and which is specified in the direction to the Uniform Network Code.

(2) This section applies to a modification—

(a) which relates to the arrangements contained in the Code in respect of a Gas Supply Emergency, and

(b) which the Authority considers is a market-based modification.

(3) The Authority may give a direction under this section only if it considers that the modification will do either or both of the following—

(a) decrease the likelihood of a Gas Supply Emergency occurring;

(b) decrease the duration or severity of a Gas Supply Emergency which occurs.

(4) In the exercise of the power under this section the Authority must have regard to the purposes of Standard Special Condition A11 of licences granted under section 7 of this Act.

(5) For the purposes of subsection (2), a modification is “market-based” if it relates to the creation of financial incentives for gas shippers or gas transporters.

(6) Before giving a direction under this section the Authority must consult such persons as it considers appropriate.

(7) In this section—

“Gas Supply Emergency” and “National Transmission System” have the meaning given by the Uniform Network Code;

“the Uniform Network Code” means the document of that title required to be prepared pursuant to Standard Special Condition A11 of licences granted under section 7 of this Act.

4C

(1) The Authority must carry out its functions under this Part in the manner that it considers is best calculated to implement, or to ensure compliance with, any binding decision of the Agency or the European Commission made under the Gas Directive, the Gas Regulation or the Agency Regulation (or the predecessor of the Agency Regulation) in relation to gas.

(2) For the purposes of subsection (1), a binding decision does not include a decision that is not, or so much of a decision as is not, assimilated law.

4D

(1) When carrying out its designated regulatory functions, the Authority must, wherever it thinks fit—

(a) consult and cooperate with the Northern Ireland Authority;

(b) provide the Northern Ireland Authority with information it may require in order to carry out its designated regulatory functions; ...

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In exercising functions in accordance with subsection (1), the Authority must, wherever it thinks fit, cooperate with the Northern Ireland Authority with a view ... to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the promotion and facilitation of cooperation between transmission system operators;

(d) the promotion of jointly managed trade in gas between Great Britain and Northern Ireland and the allocation of capacity between Great Britain and Northern Ireland;

(e) ensuring an adequate level of interconnection capacity;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(g) the coordination of the regulation of gas markets, including rules concerning the management of congestion of gas networks.

(3) In this section—

“relevant national authority” means any of the following—...the Office of Communications; the CMA;the Water Services Regulation Authority.

6B

Schedule 2AA (which relates to the duties of distribution exemption holders) has effect.

6C

Schedule 2AB (which relates to the duties of supply exemption holders) has effect.

Gas transmission and the operation of gas interconnectors: independence

8C

(1) A person who, for any period on or after the relevant date, holds a licence under section 7 and carries out transmission of gas must ensure that the person is certified by the Authority under section 8F throughout that period.

(2) A person who, for any period on or after the relevant date, holds a licence under section 7ZA and participates in the operation of a gas interconnector must ensure that the person is certified by the Authority under section 8F throughout that period.

(3) In subsections (1) and (2) the “relevant date” in respect of a person is 3 March 2012 or any later date before 4 March 2013 which the Authority specifies under subsection (4) or (5) in respect of the person.

(4) The Authority may specify a later date in respect of a person if—

(a) the person has asked the Authority to specify a later date;

(b) the person is not, and is not part of, a vertically integrated undertaking; and

(5) The Authority may also specify a later date in respect of a person if the Authority thinks that, for reasons beyond its and the person’s control, the Authority will not reasonably be able to make a final decision before 3 March 2012 as to whether to certify the person.

(6) In this section—

(a) “transmission” has the meaning given by Article 2(3) of the Gas Directive; and

(b) “vertically integrated undertaking” has the meaning given by Article 2(20) of that Directive.

8D

(1) Any person may apply for certification.

(2) An application for certification—

(a) must be made in writing to the Authority; and

(b) must be made in such form and contain such information as the Authority may specify.

(3) If the application is made ... and the applicant is a person from a country outside the United Kingdom or a person controlled by a person from a country outside the United Kingdom, the Authority must, as soon as is reasonably practicable after receiving the application—

(a) notify the Secretary of State ... that an application has been made by such a person; and

(b) enclose with the notification ... any information which, at the time of the notification, the Authority has in its possession and thinks is relevant to the question of whether the security of gas supplies in the United Kingdom ... would be put at risk by the certification of the applicant.

(4) The Authority may ask an applicant for certification for any further information the Authority thinks is relevant to the application, and the applicant must supply that information if—

(a) it is in the applicant’s possession; or

(b) it is information which the applicant could reasonably be expected to obtain.

(5) The Authority may ask a relevant producer or supplier for any information the Authority thinks is relevant to an application for certification, and the relevant producer or supplier must supply that information if—

(a) it is in the relevant producer or supplier’s possession; or

(b) it is information which the relevant producer or supplier could reasonably be expected to obtain.

(6) A person required to supply information under subsection (4) or (5) must do so by any deadline specified by the Authority.

8E

(1) This section applies if the Secretary of State is notified by the Authority under section 8D(3) that an application has been made by a person from a country outside the United Kingdom or a person controlled by a person from a country outside the United Kingdom.

(2) The Secretary of State must prepare a report on whether the security of gas supplies in the United Kingdom ... would be put at risk by the certification of the applicant.

(3) The Secretary of State must prepare the report and send it to the Authority within the 6 weeks beginning with the day on which the notification under section 8D(3) is received.

(4) If, before the Secretary of State sends the report to the Authority, the Authority receives information under section 8D(4) or (5) and thinks that the information is relevant to the preparation of the report, the Authority must supply that information to the Secretary of State as soon as is reasonably practicable.

(5) In preparing the report, the Secretary of State must take into account—

(a) any relevant international law; and

(b) any relevant agreement between the government of the United Kingdom and the government of the ... country in question.

8F

(1) Where the Authority receives an application for certification, it must make a ... decision by the relevant deadline as to whether to certify the applicant.

(2) The relevant deadline is the end of the 4 months beginning with the day on which the Authority receives the application; but this is subject to any extension under subsection (3).

(3) If, before the deadline mentioned in subsection (2) (or before that deadline as previously extended under this subsection), the Authority asks the applicant or a relevant producer or supplier for information under section 8D(4) or (5), the relevant deadline is the end of the 4 months beginning with the day on which the last of that information is received.

(4) As soon as is reasonably practicable after making the ... decision the Authority must notify the decision and the reasons for it to—

(a) the applicant; and

(b) the Secretary of State; ...

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) The Authority must publish its decision to certify or to refuse to certify the applicant, together with the reasons for it, in such manner as it considers appropriate.

8G

(1) This section applies to—

(a) a ... decision under section 8F as to whether to certify an applicant;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Authority may only ... decide to certify the applicant, if one of the following ... grounds (“the certification grounds”) applies.

(3) The first certification ground is that the applicant meets the ownership unbundling requirement in section 8H.

(4) The second certification ground is that the applicant has asked the Authority to exempt it from the ownership unbundling requirement on the grounds in paragraph (9) of Article 9 of the Gas Directive (alternative arrangements for independence), and the Authority thinks the requirements of that paragraph are met.

(5) The third certification ground is that—

(a) the applicant has asked the Authority to exempt it from the ownership unbundling requirement on the grounds in paragraphs (1) and (2) of Article 14 of the Gas Directive (independent system operator);

(b) the applicant has nominated an independent system operator for designation in accordance with those paragraphs; and

(i) thinks that the requirements of those paragraphs are met, and

(ii) is minded to designate the nominated independent system operator.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The fifth certification ground is that—

(a) the applicant holds a licence under section 7ZA; and

(b) in accordance with the conditions of that licence, the applicant has been granted an exemption from the ownership unbundling requirement—

(i) in accordance with Article 36 of the Gas Directive (new infrastructure) before IP completion day and remains entitled to the benefit of it, or

(ii) on the basis set out in Article 36(1) to (3) and (6) of the Gas Directive and remains entitled to the benefit of it.

(8) The sixth certification ground is that—

(a) the applicant holds a licence under section 7ZA; and

(b) either—

(i) the applicant has, in accordance with the conditions of that licence, been granted an exemption in accordance with Article 22 of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 on common rules for the internal market in natural gas (new infrastructure) and remains entitled to the benefit of it; or

(ii) another person benefits from such an exemption, and the applicant is in a position which is substantially similar to the position of that person.

(9) But, regardless of whether a certification ground applies, the Authority—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ... must not decide to certify the applicant, if a report prepared by the Secretary of State under section 8E states that the certification of the applicant would put at risk the security of gas supplies in the United Kingdom ...;

(10) For the purposes of subsection (4), Article 9(9) of the Gas Directive is to be treated as if the comparison with the provisions of Chapter 4 of the Gas Directive were a comparison with the provisions of Chapter 4 as they applied in relation to a member State immediately before IP completion day.

(11) The references in subsection (5) to Article 14(1) and (2) of the Gas Directive are to be treated as references to those provisions with the following modifications—

(a) Article 14(1) is to be read as if the second and third sentences were omitted;

(b) Article 14(2)(b) is to be read as if after “Article 13” there were inserted—

as implemented in relation to Great Britain immediately before IP completion day, disregarding for this purpose— (i) paragraph 2, (ii) paragraph 3 so far as relating to Article 41(6)(c), and (iii) paragraph 4 except as it relates to such minimum standards, if any, as apply in Great Britain

;

(i) for “Regulation (EC) No 715/2009” there were substituted “ the Gas Regulation ”, and

(ii) the words from “including” to the end were omitted.

8H

(1) In section 8G(3) the ownership unbundling requirement is met by an applicant for certification if in relation to each of the five tests below—

(a) the Authority thinks that it is passed, or

(b) it is treated as passed by virtue of subsection (7), (9) or (9A).

(2) The first test is that the applicant—

(a) does not control a relevant producer or supplier;

(b) does not have a majority shareholding in a relevant producer or supplier; and

(3) For the purposes of subsection (2)(c), the Authority is entitled to think that the applicant will not exercise shareholder rights if the applicant has given an undertaking not to exercise those shareholder rights.

(4) The second test is that, where the applicant is a company, partnership or other business, none of its senior officers has been, or may be, appointed by a person who—

(a) controls a gas undertaking which is a relevant producer or supplier; or

(b) has a majority shareholding in a gas undertaking which is a relevant producer or supplier.

(5) The third test is that, where the applicant is a company, partnership or other business, none of its senior officers is also a senior officer of a gas undertaking which is a relevant producer or supplier.

(6) The fourth test is that the applicant is not controlled by a person who controls a relevant producer or supplier.

(7) But even where the fourth test is not passed, the Authority may treat it as passed if—

(a) the control over the applicant was gained through the exercise of a right conferred as a condition of the provision of either financial support or a guarantee (or both), in relation to the applicant’s business; or

(b) the control over the relevant producer or supplier was gained through the exercise of such a right conferred in relation to the business of the relevant producer or supplier.

(8) The fifth test is that the applicant is not controlled by a person who has a majority shareholding in a relevant producer or supplier.

(9) But even where the fifth test is not passed, the Authority may treat it as passed if—

(a) the control over the applicant was gained through the exercise of a right conferred as a condition of the provision of either financial support or a guarantee (or both), in relation to the applicant’s business; or

(b) the majority shareholding in the relevant producer or supplier was gained through the exercise of such a right conferred in relation to the business of the relevant producer or supplier.

(9A) The Authority may treat one or more of the five tests in this section as passed if—

(a) the test or tests are not passed in relation to a relevant producer or supplier,

(b) the applicant has demonstrated to the Authority’s satisfaction that the applicant does not have a relationship with the relevant producer or supplier which might lead the applicant to discriminate in favour of the relevant producer or supplier, and

(10) In subsection (2)(c) “relevant date” means the relevant date for the purposes of section 8C(1) or (2).

8I

(1) Subsections (2) and (3) apply where—

(a) by virtue of subsection (7) or (9) of section 8H, the Authority treats the fourth or fifth test under section 8H as passed in relation to a person; and

(b) the person is certified in reliance on that treatment.

(2) The Authority must by notice to the certified person specify a period of time at the end of which the Authority will cease to treat that test as passed by virtue of that subsection.

(3) The Authority may by notice to the certified person extend that period if the Authority thinks it necessary or expedient to do so.

(4) In deciding whether to treat a test as passed by virtue of section 8H(7) or (9), and in determining any period or extension under subsection (2) or (3), the Authority—

(a) must take into account—

(i) the period of time for which the test is likely to continue not to be passed, and

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