Utilities Act 2000

(32A) (1) An order under section 32 may make provision generally in relation to the renewables obligation imposed by the order, and may in particular specify— (a) different obligations for successive periods of time; (b) that only electricity generated using specified descriptions of renewable source is to count towards discharging the obligation (or that such electricity is to count only up to a specified amount); (c) that only electricity generated by specified descriptions of generating station is to count towards discharging the obligation (or that such electricity is to count only up to a specified amount); (d) that a specified minimum amount of electricity generated as mentioned in paragraph (b) or (c) is to be counted towards the discharge of the renewables obligation; (e) how the amount of electricity supplied by an electricity supplier (whether generally or to particular customers or descriptions of customer) is to be determined; (f) how the proportion referred to in section 32(6) or in the definition of “renewable sources” in section 32(8) is to be determined; (g) the consequences for the discharge of the renewables obligation if a generating station of the type mentioned in section 32(6) uses more than a specified proportion of fossil fuel during a specified period (which may include the consequence that none of the electricity generated by that generating station during that period is to count towards discharging the obligation); (h) that specified information, or information of a specified nature, is to be given to the Authority (in addition to the evidence referred to in section 32(3)), and the form in which it is to be given. (2) An order may, in relation to any specified period (“the current period”)— (a) provide that evidence of electricity supplied in a later period may, when available, be counted towards discharging the renewables obligation for the current period; (b) provide that evidence of electricity supplied in the current period may, in a later period, be counted towards discharging the renewables obligation for that period; (c) specify how much later the later period referred to in paragraph (a) or (b) may be; (d) specify a maximum proportion of the renewables obligation for any period which may be discharged as mentioned in paragraph (a) or (b); (e) specify a maximum proportion of electricity supplied in any period evidence of which may be counted towards discharging the renewables obligation for a different period. (3) An order may make— (a) different provision for different cases or circumstances; and (b) different provision in relation to different suppliers, if the Secretary of State is of the opinion that the differences are such that no electricity supplier would be unduly disadvantaged in competing with other electricity suppliers. (4) An order may provide for the Authority to require an electricity supplier to provide it with information, or with information of a particular kind, which is in its opinion relevant to the question whether the supplier is discharging, or has discharged, the renewables obligation. (5) That information must be given to the Authority in whatever form it requires. (6) No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session. (7) An order may make further provision as to the functions of the Authority in relation to the obligation imposed by the order.

Green certificates

64

After section 32A of the 1989 Act there is inserted—

(32B) (1) An order under section 32 may provide for the Authority to issue from time to time, in accordance with such criteria (if any) as are specified in the order, a certificate to the operator of a generating station or to an electricity supplier. (2) A certificate is to certify— (a) that the generating station or, in the case of a certificate issued to an electricity supplier, a generating station specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate; and (b) that it has been supplied to customers in Great Britain (or the part of Great Britain stated in the certificate). (3) If an electricity supplier produces a certificate to the Authority, it is to count for the purposes of section 32(3) as sufficient evidence of the facts certified.

Alternative way of discharging renewables obligation: payments

65

After section 32B of the 1989 Act there is inserted—

(32C) (1) An order under section 32 may provide that instead of producing evidence under section 32(3), an electricity supplier may discharge (in whole or in part) its renewables obligation (or its obligation in relation to a particular period) by making a payment to the Authority. (2) The order may make provision— (a) as to the sum which for the purposes of subsection (1) is to correspond to the supply of a given amount of electricity; (b) for different such sums in relation to different periods; (c) for different such sums in relation to electricity generated in different ways specified in the order (such as those referred to in section 32A(1)(b) and (c)); and (d) for any such sum to be adjusted from time to time for inflation by a method specified in the order (which may refer to a specified scale or index or to other specified data of any description, including such a scale or index or such data in a form not current when the order was made, but in a subsequent form attributable to revision or any other cause and taking effect afterwards). (3) The Authority must pay the amounts received to electricity suppliers in accordance with a system of allocation specified in the order. (4) The system of allocation specified in the order may provide for payments to specified categories of electricity supplier only.

Abolition of fossil fuel levy

66

Section 33 of the 1989 Act shall cease to have effect.

Supplementary

67

• (1) The Secretary of State may by order made by statutory instrument make such provision as he considers necessary or expedient for the purpose of—

• (a) providing for section 32 of the 1989 Act to have effect, before its substitution by section 62 of this Act, with modifications specified in the order (but if this power is exercised the modifications must include the omission of subsections (3) and (4) of section 32);

• (b) saving orders under section 32 of the 1989 Act made before the coming into force of section 62;

• (c) preserving, modifying, replacing or otherwise dealing with arrangements made pursuant to such an order (or such arrangements as modified or replaced by virtue of an order under this section), including making provision for substituting different parties to the arrangements or for replacement arrangements to be between parties different from those party to the replaced arrangements;

• (d) requiring the continued payment of any fossil fuel levy payable by virtue of section 33 of the 1989 Act and providing for payments out of that levy despite the repeal of that section.

• (2) The power in subsection (1)(c) may be exercised both before the coming into force of section 62 and afterwards.

• (3) An order under this section may, in particular, provide for section 32 (apart from subsections (3) and (4)) or 33 of the 1989 Act (as they had effect immediately before the coming into force of section 62 or 66) to continue to have effect with modifications specified in the order.

• (4) An order under this section may, in particular—

• (a) provide for what is to happen in relation to the fossil fuel levy and payments out of it if in any month—

• (i) the cost referred to in section 33(5)(b) of the 1989 Act is greater than the cost referred to in section 33(5)(a) of the 1989 Act, or

• (ii) the same is true in relation to any other corresponding measures referred to in section 33 of the 1989 Act as modified under subsection (3);

• (b) provide in such a case for payments of amounts determined in accordance with the order (but not exceeding the difference between the sums referred to in paragraph (a)) to be made by, instead of to, the person to whom payments out of the fossil fuel levy would otherwise have been made.

• (5) An order under this section may provide—

• (a) that any specified requirement contained in it is to be treated as a relevant requirement for the purposes of Part I of the 1989 Act; and

• (b) for one of those requirements to be that a person referred to in paragraph (a) or (b) of subsection (6) is not to act or omit to act as set out there,

but while subsections (3) and (4) of section 32 of the 1989 Act remain in force an order may not provide for anything which would be an offence under section 32(3) to be treated as a relevant requirement.

• (6) The persons, acts and omissions referred to in subsection (5)(b) are—

• (a) an act or omission by a person subject to requirements contained in the order which prevents any arrangements made pursuant to the order from securing such results as are specified in the order; and

• (b) an act or omission by a party to arrangements made pursuant to an order under section 32 of the 1989 Act made before the coming into force of section 62 of this Act (or such arrangements as modified or replaced by virtue of an order under this section) which prevents the arrangements from securing the result mentioned in subsection (2) of that section (or that subsection as modified by virtue of an order under this section), or such corresponding result as is specified in the order.

• (7) An order under this section may make different provision for different areas.

• (8) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Miscellaneous

Modification of licences: electricity trading arrangements

68

• (1) After section 15 of the Electricity Act 1989 (modification of licences by order under other enactments) there is inserted—

(15A) (1) The Secretary of State may, in accordance with this section, modify— (a) the conditions of a particular licence; or (b) the standard conditions of licences of any type mentioned in section 6(1), where he considers it necessary or expedient to do so for the purpose of implementing, or facilitating the operation of, new arrangements relating to the trading of electricity. (2) The power to modify licence conditions under paragraph (a) or (b) of subsection (1) includes power— (a) to make modifications relating to the operation of transmission systems and distribution systems; and (b) to make incidental or consequential, or transitional, modifications. (3) Before making modifications under this section the Secretary of State shall consult the holder of any licence being modified and such other persons as he considers appropriate. (4) Any consultation undertaken by the Secretary of State before the commencement of this section shall be as effective, for the purposes of subsection (3), as if undertaken after that commencement. (5) Any modification of part of a standard condition of a licence under subsection (1)(a) shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part. (6) Where the standard conditions of licences of any type are modified under subsection (1)(b), the Secretary of State shall make (as nearly as may be) the same modifications of the standard conditions for the purposes of their incorporation in licences of that type granted after that time. (7) The Secretary of State shall publish any modifications under this section in such manner as he considers appropriate. (8) The power of the Secretary of State under this section may not be exercised after the end of the period of two years beginning with the passing of the Utilities Act 2000.

• (2) This section shall come into force on the passing of this Act.

Help for disadvantaged groups of electricity customers

69

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

Energy efficiency requirements for electricity distributors and suppliers

70

For section 41 of the 1989 Act (promotion of efficient use of electricity) there is substituted—

(41A) (1) The Secretary of State may by order impose— (a) on each electricity distributor (or each electricity distributor of a specified description); and (b) on each electricity supplier (or each electricity supplier of a specified description), an obligation to achieve, within a specified period and in accordance with the order, the energy efficiency target to be determined by the Authority under the order for that distributor or supplier (and that obligation is referred to in this section as an “energy efficiency obligation”). (2) In this section “energy efficiency target” means a target for the promotion of improvements in energy efficiency, that is to say, efficiency in the use by consumers of electricity, gas conveyed through pipes or any other source of energy which is specified in the order. (3) An order under this section may specify criteria by reference to which the Authority is to determine energy efficiency targets for the electricity distributors or electricity suppliers on whom obligations are imposed by the order. (4) The Secretary of State and the Authority shall carry out their respective functions under this section in the manner he or it considers is best calculated to ensure that no electricity distributor is unduly disadvantaged in competing with other electricity distributors and no electricity supplier is unduly disadvantaged in competing with other electricity suppliers. (5) The order may make provision generally in relation to the energy efficiency obligations which it imposes, including in particular provision— (a) as to the treatment of persons who become electricity distributors or electricity suppliers after the beginning of the period to which the order relates; (b) as to the action which qualifies for the purpose of meeting the whole or any part of an energy efficiency target; (c) as to the method by which improvements in energy efficiency attributable to any qualifying action are to be assessed; (d) requiring distributors and suppliers to give to the Authority specified information, or information of a specified nature, about their proposals for complying with their energy efficiency obligations; (e) requiring the Authority to determine— (i) whether any proposed action qualifies for the purpose of achieving the whole or any part of a person’s energy efficiency target; and (ii) if so, what improvement in energy efficiency is to be attributed for that purpose to the proposed action or to any result of that action specified in the determination; and (f) requiring distributors or suppliers to produce to the Authority evidence of a specified kind demonstrating that they have complied with their energy efficiency obligations. (6) The order may make provision authorising the Authority to require a distributor or supplier to provide it with specified information, or information of a specified nature, relating to— (a) his proposals for complying with his energy efficiency obligation; or (b) the question whether he has complied with that obligation. (7) The order may make provision as to circumstances in which— (a) a person’s energy efficiency target may be altered during the period to which the order relates; (b) the whole or any part of a person’s energy efficiency target may be treated as having been achieved by action taken otherwise than by or on behalf of that person; (c) any action taken before the period to which the order relates may be treated as qualifying action taken during that period; (d) the whole or any part of a person’s energy efficiency target may be transferred to another electricity distributor or electricity supplier or to a gas transporter or gas supplier (within the meaning of Part I of the Gas Act 1986); or (e) a person may carry forward the whole or any part of his energy efficiency target for the period to which the order relates to a subsequent period. (8) The order may— (a) provide for exceptions from any requirement of the order; (b) provide that any specified requirement contained in it is to be treated as a relevant requirement for the purposes of this Part; (c) make supplementary, incidental and transitional provision; and (d) subject to subsection (4), make different provision for different cases (including different provision in relation to different distributors or suppliers). (9) The order may include provision for treating the promotion of the supply to premises of— (a) electricity generated by a generating station which is operated for the purposes of producing heat, or a cooling effect, in association with electricity; (b) heat produced in association with electricity or steam produced from (or air or water heated by) such heat; (c) any gas or liquid subjected to a cooling effect produced in association with electricity, as promotion of energy efficiency. (10) No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session. (11) Before making an order under this section the Secretary of State shall consult the Authority, the Council, electricity distributors and electricity suppliers and such other persons as he considers appropriate. (12) An order under this section shall not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

General duties of transmission licence holders in Scotland

71

Section 9(3) and (4) of the 1989 Act (special duty in Scotland for transmission licence holders who also hold licences to supply or generate electricity) shall cease to have effect.

Uniform prices etc. in certain areas of Scotland

72

After section 7A of the 1989 Act (which is inserted by section 41 above) there is inserted—

(7B) (1) The Secretary of State may, by an order made under this section, require the holder of— (a) a transmission licence; or (b) a distribution licence, to apply in respect of the use of the transmission or, as the case may be, distribution system, or any part of the system, in a specified area charges which do not distinguish (whether directly or indirectly) between users in different parts of the area. (2) The Secretary of State may, by such an order, require the holder of a supply licence— (a) to charge prices; or (b) to offer conditions of contract, in respect of a comparable supply of electricity in a specified area which do not distinguish (whether directly or indirectly) between consumers in different parts of the area. (3) The Secretary of State shall not specify in such an order any particular or maximum charge or price or any particular condition of contract. (4) Such an order may make different provision for different cases or descriptions of case. (5) For the purposes of this section— (a) a specified area is an area of Scotland specified in such an order; and (b) supplies of electricity are comparable if they are— (i) at the same or similar voltages; and (ii) are in accordance with the same or similar demand characteristics.

Maximum prices for reselling electricity

73

• (1) For section 44 of the 1989 Act (maximum charges for reselling electricity) there is substituted—

(44) (1) The Authority may from time to time direct that the maximum prices at which electricity supplied by authorised suppliers may be resold— (a) shall be such as may be specified in the direction; or (b) shall be calculated by such method and by reference to such matters as may be so specified; and shall publish directions under this section in such manner as in its opinion will secure adequate publicity for them. (2) A direction under this section may— (a) require any person who resells electricity supplied by an authorised supplier to furnish the purchaser with such information as may be specified or described in the direction; and (b) provide that, in the event of his failing to do so, the maximum price applicable to the resale shall be such as may be specified in the direction, or shall be reduced by such amount or such percentage as may be so specified. (3) Different directions may be given under this section as respects different classes of cases, which may be defined by reference to areas or any other relevant circumstances. (4) If any person resells electricity supplied by an authorised supplier at a price exceeding the maximum price determined by or under a direction under this section and applicable to the resale— (a) the amount of the excess; and (b) if the direction so provides, interest on that amount at a rate specified or described in the direction, shall be recoverable by the person to whom the electricity was resold.

• (2) Any maximum price fixed under section 44 of the 1989 Act which is in force immediately before the date on which this section comes into force shall be treated on and after that date as if it had been specified in a direction under section 44 as substituted by this section.

Part V — Amendment of the Gas Act 1986

Gas licensing

Gas licence conditions

74

• (1) Section 7B of the 1986 Act (general provisions about licences) is amended as follows.

• (2) After subsection (2) there is inserted—

(2A) Where the Authority proposes to refuse the application, it shall give to the applicant a notice— (a) stating that it proposes to refuse the application; (b) stating the reasons why it proposes to refuse the application; and (c) specifying the time within which representations with respect to the proposed refusal may be made, and shall consider any representations which are duly made and not withdrawn.

• (3) In subsection (4)—

• (a) in paragraph (a) for “section 4 or 4A above” there is substituted “ sections 4AA, 4AB and 4A ”; and

• (b) paragraph (b) (which is superseded by provision made in section 4AA) is omitted.

• (4) After subsection (4) there is inserted—

(4A) Without prejudice to the generality of paragraph (a) of subsection (4), conditions included in a licence under section 7 by virtue of that paragraph— (a) may require the licence holder to enter into agreements with other persons for the use of any pipe-line system of his (wherever situated and whether or not used for the purpose of carrying on the activities authorised by the licence) for such purposes as may be specified in the conditions; (b) may include provision for determining the terms on which such agreements are to be entered into.

• (5) In subsection (5)(a)(iii) for “specified or described” there is substituted “ referred to ”.

• (6) In subsection (6) the words “specified or described in the licence” shall cease to have effect.

• (7) After subsection (10) there is inserted—

(11) In this section “prescribed” means prescribed in regulations made by the Authority.

Exceptions from section 5 of 1986 Act

75

Section 5(2) of and Schedule 2A to the 1986 Act shall cease to have effect.

Gas transporters

76

• (1) The authorised areas of persons holding gas transportation licences under section 7 of the 1986 Act (licensing of public gas transporters) shall cease to be exclusive and, accordingly, section 7 is amended as follows.

• (2) In subsection (1), for “public gas transporter” (the expression defined in that subsection) there is substituted “ gas transporter ”.

• (3) In paragraph (a) of subsection (2), for the words from “so much of” to the “and” preceding paragraph (b), there is substituted “ any area specified in the licence as it has effect for the time being; ”.

• (4) After subsection (4) there is inserted—

(4A) The Authority may, with the consent of the licence holder, direct that any licence under this section shall have effect as if any area or pipe-line system specified in the direction were not specified in the licence; and references in this Part to, or to the grant of, a restriction under this section, or a restriction of such a licence, shall be construed as references to, or to the giving of, such a direction.

• (5) In subsections (5) and (6) the words “or extension”, in each place where they appear and, in subsection (5), the words “or, in the case of an extension, such shorter time as may be prescribed” shall cease to have effect.

• (6) Subsections (7) and (8) shall cease to have effect.

• (7) References in any enactment in force immediately before the commencement of this section to a public gas transporter or to the holder of a licence under section 7 of the 1986 Act shall have effect after that commencement as if they were references to a gas transporter.

Restriction on use of certain pipe-lines for providing a supply of gas

77

• (1) After section 10 of the 1986 Act (duty of gas transporters to make a connection in certain circumstances) there is inserted—

(10A) (1) Any pipe-line of a gas transporter— (a) for the construction of which the execution of works has begun before the commencement of section 76 of the Utilities Act 2000 (abolition of geographical exclusivity of authorised areas of gas transporters); and (b) which is situated in an area which, immediately before the commencement of that section, is the authorised area of a public gas transporter (the “other transporter”), shall not be used for the purpose of giving a supply of gas to any premises in that area at a rate less than 2,196,000 kilowatt hours per year unless the other transporter consents in writing to such use. (2) If the other transporter refuses or fails to give consent under subsection (1) consent may instead be given in writing by the Authority where it considers it appropriate to do so. (3) Consent given under this section may not be withdrawn. (4) In this section “pipe-line” has the same meaning as in the Pipe-lines Act 1962.

.

• (2) In section 28(8) of the 1986 Act (definition of “relevant requirement”) after “or (14)” there is inserted “ 10A(1), ”.

Construction of pipe-lines by gas transporters

78

• (1) Section 22A of the 1986 Act (prohibition on execution of works for the construction of pipe-lines) is amended as follows.

• (2) In subsection (1)—

• (a) for the words “A public gas transporter shall not at any time execute in an authorised area of another public gas transporter” there is substituted “ A gas transporter shall not at any time execute within 23 metres from a pipe-line of another gas transporter (the “other transporter”) ”;

• (b) in paragraph (b), the words “in that area” (in both places where they appear) shall cease to have effect;

• (c) after paragraph (c) there is inserted

; and (d) (subject to subsection (1C)) where the existing pipe-line is a relevant main of the other transporter, that transporter has consented in writing to the construction of the proposed pipe-line, either unconditionally or subject to conditions.

.

• (3) After subsection (1) there is inserted—

(1A) Subsection (1) does not apply if the proposed pipe-line is required to enable a gas transporter to comply with any duty imposed by section 10(2). (1B) Conditions imposed under subsection (1)(d) may relate to matters arising after the construction of the proposed pipe-line, including the use to be made of the pipe-line. (1C) If the other transporter— (a) refuses or fails to give consent under subsection (1)(d); or (b) gives such consent subject to conditions, consent may instead be given in writing by the Authority where it considers it appropriate to do so. (1D) Consent under subsection (1C) may only be given unconditionally or, in a case falling within subsection (1C)(b), subject to the same conditions as were imposed by the other transporter. (1E) A condition imposed on a gas transporter under this section shall be enforceable by civil proceedings by the other transporter for an injunction or for interdict or for any other appropriate relief.

• (4) In subsection (3), after the definition of “pipe-line” there is inserted

; “relevant main” has the meaning given by section 10(12).

Duty to facilitate competition

79

• (1) Section 9 of the 1986 Act (general powers and duties of gas transporters) is amended as follows.

• (2) In subsection (1)(b)—

• (a) after “him” there is inserted

— (i)

; and

• (b) after “premises” there is inserted

; or (ii) to connect to that system a pipe-line system operated by an authorised transporter.

• (3) After subsection (1) there is inserted—

(1A) It shall also be the duty of a gas transporter to facilitate competition in the supply of gas.

• (4) In subsection (2)(a), after “premises” there is inserted “ , or a pipe-line system operated by an authorised transporter, ”.

Gas transporters' duty to make a connection

80

• (1) Section 10 of the 1986 Act (duty of gas transporters to make a connection in certain circumstances) is amended as follows.

• (2) After subsection (3) there is inserted—

(3A) A gas transporter may require any person who requires a connection under subsection (2)(b) to accept any terms— (a) indemnifying the transporter in respect of any liability connected with the laying of the pipe; (b) which it is reasonable in all the circumstances for that person to be required to accept.

• (3) After subsection (5) there is inserted—

(5A) Where in pursuance of subsection (2)(b) a gas transporter connects any premises to a relevant main by a pipe supplied and laid by the owner or occupier of the premises, the cost of making the connection shall, if and to the extent that the transporter so requires and the conditions of his licence so allow, be defrayed by the person supplying and laying the pipe.

• (4) In subsection (6)(b) after “rights” there is inserted “ or liabilities ”.

• (5) In the words following subsection (6)(b), for “or rights” there is substituted “ , rights or liabilities ”.

• (6) In subsection (12) for “his authorised area” there is substituted “ an authorised area of his ”.

Standard conditions of gas licences

81

• (1) The standard conditions for the purposes of gas licences of any type (that is to say, licences under section 7, section 7A(1) , section 7A(2) or 7AC(1) of the 1986 Act) may contain provision—

• (a) for any standard condition included in a licence of that type not to have effect until brought into operation in such manner and in such circumstances as may be specified in or determined under the standard conditions;

• (b) for the effect of any standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined; or

• (c) for any standard condition included in such a licence which is for the time being suspended to be brought back into operation in such manner and in such circumstances as may be so specified or determined.

• (2) Such conditions as may be determined by the Secretary of State before the relevant time, and published by him in such manner as he considers appropriate, in relation to gas licences of any type shall, subject to any modifications made ... under Part 1 or section 76 or 98 of the 1986 Act or , under the Energy Act 2004, under section 88 or 94 of the Energy Act 2008, under the Energy Act 2010 , under Chapter 1 of Part 1 or section 98 of the Energy Act 2011 , under section 139 of the Energy Act 2013 or under section 1 or 10 of the Domestic Gas and Electricity (Tariff Cap) Act 2018 or under section 6 of the Smart Meters Act 2018 or under or by virtue of section 21 of the Energy Prices Act 2022 or under sections 89, 136(1) or (4), 169, 245 to 247 of, and paragraph 4 of Schedule 12 to, the Energy Act 2023 after the determination under this subsection, be standard conditions for the purposes of licences of that type (in place of the standard conditions which would otherwise be incorporated in licences of that type granted immediately before that commencement).

• (2A) In subsection (2), “the relevant time” means—

• (a) where the determination relates to any of the types of licence mentioned in sections 7, 7A(1) or 7A(2) of the 1986 Act, the time when subsection (3) comes into force;

• (b) where the determination relates to the type of licence mentioned in section 7AC of the 1986 Act (licence of a person performing code manager function), 26th October 2030.

• (3) In section 8(1) of the 1986 Act (standard conditions of licences to be incorporated in gas licences)—

• (a) the words “and sections 23(2), 26(1A) and 27(2) below” shall be omitted; and

• (b) for “section 8(2) of the Gas Act 1995” there is substituted “ section 81(2) of the Utilities Act 2000 ”.

Modification of standard conditions of gas licences

82

• (1) In section 8(7) of the 1986 Act (standard conditions of licences to be incorporated in gas licences)—

• (a) after “such that” there is inserted—

(a) the licence holder would not be unduly disadvantaged in competing with other holders of a licence under that subsection; and (b)

;

and

• (b) after “the holder of the licence” there is inserted “being modified”.

• (2) In section 23 of the 1986 Act (modification of conditions by agreement), for subsection (6) there is substituted—

(6) The Authority shall not make any modifications under subsection (1)(a) unless the licence holder has consented to the modifications and, in the case of standard conditions of a licence under subsection (1) or (2) of section 7A, the Authority is of the opinion that the modifications— (a) are requisite to meet the circumstances of the particular case; and (b) are such that— (i) the licence holder would not be unduly disadvantaged in competing with other holders of licences under that subsection; and (ii) no other holder of such a licence would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence being modified). (6A) The modification under subsection (1)(a) of part of a standard condition of a licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.

• (3) For subsections (7) to (9) of that section there is substituted—

(7) The Authority may not under subsection (1)(b) make any modifications of the standard conditions of any licences unless— (a) no notice of objection to those modifications is given to the Authority within the time specified in the notice under subsection (3) by any relevant licence holder; (b) if one or more relevant licence holders give notice of objection to the Authority within that time— (i) the proportion (expressed as a percentage) of the relevant licence holders who have given notice of objection is less than such percentage as may be prescribed; and (ii) the percentage given by subsection (8) is less than such percentage as may be prescribed; or (c) subsection (10) applies to the case. (8) The percentage given by this subsection is the proportion (expressed as a percentage) of the relevant licence holders who have given notice of objection, weighted according to their market share in such manner as may be prescribed.

• (4) For subsection (12) of that section there is substituted—

(12) In this section— - “prescribed” means prescribed by order made by the Secretary of State; - “relevant licence holder”, in relation to proposed modifications under subsection (1)(b) of standard conditions of licences of any type, means the holder of a licence of that type which- 1. is to be modified under the proposals by the inclusion of any new standard condition; or 2. includes any standard conditions to which the proposals relate, other than standard conditions which are not in effect (by virtue of anything done under section 81(1) of the Utilities Act 2000) at the time specified in the notice under subsection (3). (13) A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Modification following Competition Commission report

83

• (1) In section 24(5) of the 1986 Act (modification references to the Competition Commission), after “this section” there is inserted “ or in carrying out functions under section 26A ”, after “the investigation” there is inserted “ or the carrying out of those functions ” and after “such investigation” there is inserted “ or such functions ”.

• (2) In section 26 of that Act (modification of licence conditions following report of Competition Commission) after subsection (4) there is inserted—

(4A) After considering any representations or objections made in response to proposals set out in a notice under subsection (3), the Authority shall give notice to the Competition Commission— (a) setting out the modifications it proposes to make to remedy or prevent the adverse effects specified in the report; and (b) stating the reasons for making the modifications. (4B) The Authority shall include with the notice under subsection (4A) a copy of any representations or objections received in relation to the notice under subsection (3). (4C) If the period of four weeks from the date on which the notice under subsection (4A) is given elapses without a direction under section 26A(1)(a) having been given to it, the Authority shall— (a) make the modifications set out in the notice; or (b) if a direction under section 26A(1)(b) has been given, make the modifications which are not specified in the direction.

• (3) After subsection (5) of that section there is inserted—

(6) The modification under subsection (1) of part of a standard condition of a particular licence in consequence of a reference under section 24(1) shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.

• (4) After section 26 of that Act there is inserted—

(26A) (1) The Competition Commission (in this section referred to as “the Commission”) may, within the period of four weeks after the date on which it is given a notice under section 26(4A), direct the Authority— (a) not to make the modifications set out in that notice; or (b) not to make such of the modifications as may be specified in the direction; and the Authority shall comply with any such direction. (2) The Secretary of State may, within the period of four weeks after the date on which the Commission is given a notice under section 26(4A) and on the application of the Commission, direct that the period for giving a direction under subsection (1) (and, accordingly, the period mentioned in section 26(4C)) shall be extended by 14 days. (3) The power to give a direction under subsection (1) may only be exercised in respect of such of the modifications set out in the notice under section 26(4A)(a) as appear to the Commission not to be the modifications which are requisite for the purpose of remedying or preventing all or any of the adverse effects specified in the report as effects which could be remedied or prevented by modifications. (4) If the Commission gives a direction under subsection (1), the Commission— (a) shall give notice setting out the modifications proposed by the Authority, the terms of the direction and the reasons for giving it; and (b) shall itself make such modifications of the relevant conditions as appear to it to be requisite for the purpose of remedying or preventing— (i) if the direction was given under subsection (1)(a), the adverse effects specified in the report as effects which could be remedied or prevented by modifications; (ii) if the direction was given under subsection (1)(b), such of those adverse effects as are not remedied or prevented by the modifications made by the Authority under section 26(4C)(b). (5) In exercising its function under subsection (4)(b) the Commission shall have regard to the matters to which the Authority is required to have regard when determining the conditions of a licence. (6) Before making modifications under subsection (4)(b) the Commission shall give notice— (a) stating that it proposes to make the modifications and setting them out; (b) stating the reason why it proposes to make them; (c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made, and shall consider any representations or objections which are duly made and not withdrawn. (7) A notice under subsection (4)(a) or (6) shall be given— (a) by publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the making of the modifications; and (b) by serving a copy on the Authority and the holder of the licence in question or, as the case may be, the relevant licence holders. (8) After making modifications under this section the Commission shall publish a notice stating that the modifications have been made and setting them out, with the reasons for making them. (9) Where, in consequence of a reference under section 24(1A), the Commission modifies under subsection (4)(b) the standard conditions of licences of any type (that is to say, licences under section 7 or section 7A(1) or 7A(2)) the Authority may make such incidental and consequential modifications as it considers necessary or expedient of any conditions of licences of that type granted before that time. (10) Where the Commission modifies the standard conditions of licences of any type as mentioned in subsection (9) the Authority— (a) shall make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time; and (b) shall publish the modifications made for those purposes in such manner as it considers appropriate. (11) The modification under this section of part of a standard condition of a particular licence in consequence of a reference under section 24(1) shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part. (12) The provisions mentioned in subsection (13) are to apply in relation to the exercise by the Commission of its functions under this section as if— (a) in section 82(1) and (2) of the Fair Trading Act 1973 references to a report of the Commission under that Act were references to a notice under subsection (4)(a), (6) or (8) of this section; (b) in section 85 of that Act references to an investigation on a reference made to the Commission were references to an investigation by the Commission for the purposes of the exercise of its functions under this section. (13) The provisions are— (a) section 82(1) and (2) of the Fair Trading Act 1973 (general provisions as to reports under that Act); (b) section 85 of that Act (attendance of witnesses and production of documents); (c) section 24 of the Competition Act 1980 (modification of provisions about the Competition Commission’s general functions); and (d) Part II of Schedule 7 to the Competition Act 1998 (the Competition Commission’s general functions). (14) This section does not apply to the modification of a licence following a report of the Commission made before the commencement of section 83(4) of the Utilities Act 2000.

• (5) In section 27 of that Act (modification of licences by order under enactments other than the 1986 Act), after subsection (1) there is inserted—

(1A) The modification under subsection (1)(a) of part of a standard condition of a particular licence in consequence of a reference under section 24(1) shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.

The gas code

84

• (1) Schedule 2B to the 1986 Act is amended as follows.

• (2) After paragraph 6 (meters for disabled persons) there is inserted—

(6A) A pre-payment meter installed by an authorised supplier on any premises shall not be used to recover any sum other than a sum owing to an authorised supplier in respect of the supply of gas to those premises or the provision of the meter.

• (3) In paragraph 7 (recovery of gas charges etc.)—

• (a) in sub-paragraph (1)(a) for the words from “the consumer’s” to “him” there is substituted “ any premises of his (in this paragraph referred to as “the premises”) ”;

• (b) sub-paragraph (2) shall cease to have effect; and

• (c) in sub-paragraph (3) for paragraphs (a) and (b) there is substituted—

(a) install a pre-payment meter on the premises in place of the existing meter; or (b) cut off the supply to the premises by disconnecting the service pipe at the meter or by such other means as he thinks fit; and the supplier may recover any expenses incurred in so doing from the consumer.

• (4) In paragraph 23(2), for paragraph (c) there is substituted—

(c) exercising a power conferred by paragraph 3(5) or 7(3)(a) (and testing gas fittings, and making any adjustments required for their safe operation, after the exercise of the power).

Transfer of gas licences

85

For section 8AA of the 1986 Act (assignment of gas licences) there is substituted—

(8AA) (1) A licence— (a) shall be capable of being transferred by the licence holder, with the consent of the Authority, in accordance with this section and subject to any term of the licence relating to its transfer; (b) may include conditions which must be complied with before the licence can be transferred. (2) A transfer may relate to the whole or any part of the licence. (3) The reference in subsection (2) to part of a licence is a reference to a part of the activities authorised by the licence (whether described by reference to activities being carried on by the licence holder or to activities which he is authorised to carry on). (4) Such consent may be given subject to compliance with such modification or other conditions as the Authority considers necessary or expedient. (5) In the case of a partial transfer, conditions imposed under subsection (4) may make as respects so much of the licence as is proposed to be retained by the transferor provision different from that made as respects so much of the licence as is proposed to be transferred. (6) In deciding whether to give its consent to a proposed transfer, the Authority shall apply the same criteria as it would apply if the Authority were deciding whether— (a) in the case of a general transfer, to grant a corresponding licence to the transferee; or (b) in the case of a partial transfer— (i) to grant to the transferee a licence corresponding to so much of the licence as is proposed to be transferred; and (ii) to grant to the transferor a licence corresponding to so much of the licence as is proposed to be retained. (7) The Authority shall— (a) give the Health and Safety Executive not less than 28 days’ notice of any proposal to consent to any proposed transfer; and (b) give that Executive and the Secretary of State not less than 28 days’ notice of any proposal to impose a modification condition. (8) If, before the expiry of the time specified in a notice given to the Secretary of State under subsection (7)(b), the Secretary of State directs the Authority not to impose the condition, the Authority shall comply with the direction. (9) Before giving consent to the transfer of a licence, the Authority shall give notice— (a) stating that it proposes to grant consent to the transfer; (b) stating the reasons why it proposes to give consent; and (c) specifying the time from the date of publication of the notice (not being less than two months) within which representations or objections with respect to the transfer may be made, and shall consider any representations or objections that are duly made and not withdrawn. (10) A notice under subsection (9) shall be given by publishing the notice in such manner as the Authority considers appropriate for bringing it to the attention of persons likely to be affected by the transfer. (11) A purported transfer of a licence shall be void— (a) if the licence is not capable of transfer or the Authority has not given its consent; (b) if the purported transfer is in breach of a condition of the licence; or (c) if there has, before the purported transfer, been a contravention of a condition subject to compliance with which the Authority’s consent is given. (12) In this section— - “transfer” includes any form of transfer or assignment or, in Scotland, assignation; - “modification condition” means a condition requiring or otherwise providing for the making of modifications to the conditions of a licence.

Exemptions from gas licensing

86

• (1) In subsection (1) of section 6A of the 1986 Act (exemptions from prohibition) the words “, after consultation with the Director,” shall be omitted.

• (2) After subsection (1) of that section there is inserted—

(1A) Before making an order under subsection (1) the Secretary of State shall give notice— (a) stating that he proposes to make such an order and setting out the terms of the proposed order; (b) stating the reasons why he proposes to make the order in the terms proposed; and (c) specifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposals may be made, and shall consider any representations which are duly made in respect of the proposals and not withdrawn. (1B) The notice required by subsection (1A) shall be given— (a) by serving a copy of it on the Authority and the Council; and (b) by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of those likely to be affected by the proposed order.

• (3) For subsections (2) and (3) of that section there is substituted—

(2) Notice of an exemption granted to a person shall be given— (a) by serving a copy of the exemption on him; and (b) by publishing the exemption in such manner as the Secretary of State considers appropriate for bringing it to the attention of other persons who may be affected by it. (2A) Notice of an exemption granted to persons of a class shall be given by publishing the exemption in such manner as the Secretary of State considers appropriate for bringing it to the attention of— (a) persons of that class; and (b) other persons who may be affected by it. (3) An exemption may be granted— (a) indefinitely; or (b) for a period specified in, or determined by or under, the exemption.

• (4) For subsection (5) of that section there is substituted—

(5) The Secretary of State may by order revoke an order by which an exemption was granted to a person or vary an order by which more than one exemption was so granted so as to terminate any of the exemptions— (a) at the person’s request; (b) in accordance with any provision of the order by which the exemption was granted; or (c) if it appears to the Secretary of State inappropriate that the exemption should continue to have effect. (6) The Secretary of State may by order revoke an order by which an exemption was granted to persons of a class or vary an order by which more than one exemption was so granted so as to terminate any of the exemptions— (a) in accordance with any provision of the order by which the exemption was granted; or (b) if it appears to the Secretary of State inappropriate that the exemption should continue to have effect. (7) The Secretary of State may by direction withdraw an exemption granted to persons of a class from any person of that class— (a) at the person’s request; (b) in accordance with any provision of the order by which the exemption was granted; or (c) if it appears to the Secretary of State inappropriate that the exemption should continue to have effect in the case of the person. (8) Before— (a) making an order under subsection (5)(b) or (c) or (6); or (b) giving a direction under subsection (7)(b) or (c), the Secretary of State shall consult the Authority and give notice of his proposal to do so (with reasons) and of a period within which representations may be made to him. (9) The notice under subsection (8) shall be given— (a) where the Secretary of State is proposing to make an order under subsection (5)(b) or (c), by serving a copy of it on the person to whom the exemption was granted; (b) where he is proposing to make an order under subsection (6), by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons of the class of persons to whom the exemption was granted; and (c) where he is proposing to give a direction under subsection (7)(b) or (c), by serving a copy of it on the person from whom he proposes to withdraw the exemption.

Reasons for decisions under 1986 Act

87

For section 38A of the 1986 Act (duty to consider representations and give reasons) there is substituted—

(38A) (1) This section applies to the following decisions of the Authority or the Secretary of State, namely— (a) the revocation of a licence; (b) the modification of the conditions of a licence; (c) the giving of any directions or consent in pursuance of a condition included in a licence by virtue of section 7B(5)(a)(i) or (ii); (d) the determination of a question referred in pursuance of a condition included in a licence by virtue of section 7B(5)(a)(iii); (e) the determination of a dispute referred under section 27A(1); (f) the making of a final order, the making or confirmation of a provisional order or the revocation of a final order or of a provisional order which has been confirmed. (2) As soon as reasonably practicable after making such a decision the Authority or the Secretary of State shall publish a notice stating the reasons for the decision in such manner as it or he considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be interested. (3) The Authority shall send a copy of a notice published in respect of a decision mentioned in paragraph (a), (b), (c), (d) or (f) of subsection (1) to the licence holder to whose licence, or to whom, the decision relates. (4) In preparing a notice under subsection (2) the Authority or the Secretary of State shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where it or he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body. (5) This section does not apply to a decision resulting in any provision which the Secretary of State has under section 36(3) directed the Authority not to enter in the register required to be kept under that section. (6) In this section “final order” and “provisional order” have the same meanings as in section 28.

Altering activities requiring gas licence

88

After section 41B of the 1986 Act (which is inserted by section 98 below) there is inserted—

(41C) (1) The Secretary of State may by order provide— (a) that specified activities are to become licensable activities; or (b) that specified activities are to cease to be licensable activities. (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) 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; and (b) provision modifying any standard conditions of licences or (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 activities which are to become licensable activities. (4) An order under this section may only provide for activities to become licensable activities if they are activities connected with— (a) the conveyance of gas through pipes to premises or to pipe-line systems operated by gas transporters; (b) the supply to premises of gas conveyed through pipes; or (c) arranging with gas transporters for gas to be introduced into, conveyed by means of or taken out of pipe-line systems operated by the gas transporters. (5) An order under this section providing for activities to become licensable activities may only be made on the application of the Authority made in accordance with section 41D. (6) An order under this section providing for activities to cease to be licensable activities may be made either— (a) on the application of the Authority made in accordance with section 41G; or (b) following consultation by the Secretary of State in accordance with section 41H. (7) An order under this section may provide that it is to remain in force only for a period specified in the order. (8) An order shall not be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament. (41D) (1) If the Authority proposes to make an application for an order providing for activities to become licensable activities, it shall give notice— (a) stating that it proposes to make an application for an order providing for the activities to become licensable activities; (b) setting out the conditions which it would expect such an order to determine to be standard conditions for the purposes of licences authorising the undertaking of the activities and any other conditions which it would expect to be included in such licences; and (c) specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal, and shall consider any representations or objections which are duly made and not withdrawn. (2) The notice shall be given by serving a copy on the Council and by publishing it in such manner as the Authority considers appropriate for bringing it to the attention of— (a) persons appearing to it to be carrying on, or be intending to carry on, the activities; and (b) any other persons appearing to it to be likely to be affected by an order providing for the activities to become licensable activities. (3) If an objection has been duly made (and not withdrawn) by a person who is carrying on or intends to carry on the activities, the Authority shall make a reference to the Competition Commission under section 41E before making the application. (4) In any other case where the Authority considers it appropriate to make a reference to the Commission under section 41E before making the application, the Authority may make such a reference. (5) If a reference is made to the Commission, the application shall not be made unless the Commission has reported on the reference that the fact that the activities to which the application relates are not licensable activities operates, or may be expected to operate, against the public interest. (6) The application shall set out— (a) the activities which the Authority considers should become licensable activities; and (b) the conditions which the Authority would expect to be determined to be standard conditions for the purposes of licences authorising the undertaking of the activities in question and any other conditions which the Authority would expect to be included in such licences. (41E) (1) A reference to the Competition Commission under this section shall require the Commission to investigate and report on whether the fact that the activities specified in the reference are not licensable activities operates, or may be expected to operate, against the public interest. (2) The Authority may, at any time, by notice given to the Commission vary the reference by adding to the activities specified in the reference or by excluding from the reference some of the activities so specified; and on receipt of such notice the Commission shall give effect to the variation. (3) The Authority shall specify in the reference, or a variation of the reference, for the purpose of assisting the Commission in carrying out the investigation on the reference— (a) the conditions which the Authority would expect to be determined to be standard conditions for the purposes of licences authorising the undertaking of the activities specified in the reference and any other conditions which the Authority would expect to be included in such licences; and (b) any effects adverse to the public interest which, in its opinion, the fact that the activities so specified are not licensable activities has or may be expected to have. (4) As soon as practicable after making the reference, or a variation of the reference, the Authority shall serve a copy of it on the Council and publish particulars of it in such manner as the Authority considers appropriate for bringing it to the attention of— (a) persons appearing to the Authority to be carrying on, or be intending to carry on, the activities specified in it; and (b) any other persons appearing to the Authority to be likely to be affected by it. (5) The Authority shall, for the purpose of assisting the Commission in carrying out the investigation on the reference, give to the Commission— (a) any information which is in its possession and which relates to matters falling within the scope of the investigation, and which is either requested by the Commission for that purpose or is information which in its opinion it would be appropriate for that purpose to give to the Commission without any such request; and (b) any other assistance which the Commission may require, and which it is within its power to give, in relation to any such matters, and the Commission shall take account of the information for the purpose of carrying out the investigation. (6) In determining for the purposes of this section whether the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, the Commission shall have regard to— (a) the matters referred to in section 4AA; (b) any social or environmental policies set out or referred to in guidance issued under section 4AB; and (c) any advice given by the Health and Safety Commission under section 4A (advice about health and safety in relation to gas). (7) The provisions mentioned in subsection (8) are to apply in relation to references under this section as if— (a) the functions of the Commission in relation to those references were functions under the Fair Trading Act 1973; (b) the expression “merger reference” included a reference under this section; (c) in section 70 of the Fair Trading Act 1973— (i) references to the Secretary of State were references to the Authority; and (ii) the reference to three months were a reference to six months. (8) The provisions are— (a) sections 70 (time limit for report on merger), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the Fair Trading Act 1973; (b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Commission’s general functions); and (c) section 24 of the Competition Act 1980 (modification of provisions about performance of such functions). (41F) (1) In making a report on a reference under section 41E, the Competition Commission shall include in the report definite conclusions on whether the fact that the activities specified in the reference (or the reference as varied) are not licensable activities operates, or may be expected to operate, against the public interest. (2) The Commission shall also include in the report such an account of its reasons for those conclusions as in its opinion is expedient for facilitating proper understanding of the questions raised by the reference and of its conclusions. (3) Where the Commission concludes that the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, it shall specify in the report— (a) the effects adverse to the public interest which that fact has or may be expected to have; and (b) any modifications to the conditions specified in the reference in accordance with section 41E(3)(a) which they consider appropriate. (4) Section 82 of the Fair Trading Act 1973 (general provisions as to reports) shall apply in relation to reports of the Commission on references under section 41E as it applies to reports of the Commission under that Act. (5) A report of the Commission on a reference under section 41E shall be made to the Authority. (6) On receiving the report, the Authority shall send a copy of it to the Secretary of State. (7) Subject to subsection (8), the Authority shall, not less than 14 days after the copy is received by the Secretary of State, send another copy to the Council and publish that other copy in such manner as the Authority considers appropriate for bringing the report to the attention of persons likely to be affected by it. (8) If it appears to the Secretary of State that the publication of any matter in the report would be against the public interest or the commercial interests of any person, he may, before the end of the period of 14 days mentioned in subsection (7), direct the Authority to exclude that matter from the copy of the report to be sent to the Council and published under that subsection. (41G) (1) Before making an application for an order providing for activities to cease to be licensable activities the Authority shall give notice— (a) stating that it proposes to make an application for an order providing for the activities to cease to be licensable activities; and (b) specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal, and shall consider any representations or objections duly made and not withdrawn. (2) The notice shall be given— (a) by serving a copy on the Secretary of State, the Health and Safety Executive and the Council; and (b) by publishing it in such manner as the Authority considers appropriate for bringing it to the attention of persons likely to be affected by such an order. (3) An application under this section shall set out— (a) the activities which the Authority considers should cease to be licensable activities; and (b) the Authority’s reasons for proposing that the order be made. (41H) (1) If the Secretary of State proposes to make an order providing for activities to cease to be licensable activities (otherwise than on an application by the Authority under section 41G), he shall give notice— (a) stating that he proposes to make an order providing for the activities to cease to be licensable activities; and (b) specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal, and shall consider any representations or objections duly made (and not withdrawn). (2) The notice shall be given— (a) by serving a copy on the Authority, the Health and Safety Executive and the Council; and (b) by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by such an order.

Gas performance standards

Repeal of section 10(2) to (5) of Gas Act 1995

89

Subsections (2) to (5) of section 10 of the Gas Act 1995 shall cease to have effect and, accordingly, sections 33A to 33E of the 1986 Act are not liable to expire in accordance with those subsections.

Standards of performance in individual cases

90

• (1) In section 33A of the 1986 Act—

• (a) in subsection (3)(a), after “section” there is inserted “or their rights under section 33AA”; and

• (b) subsections (6) to (9) shall cease to have effect.

• (2) After section 33A of the 1986 Act there is inserted—