Energy Act 2013

In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations), in section D4 (nuclear energy), after “occurrences.” insert— “ The Office for Nuclear Regulation. ”

Greater London Authority Act 1999 (c. 29)

73

In section 235 of the Greater London Authority Act 1999 (restrictions on disclosure of information), in subsection (2), after paragraph (f) insert—

(fa) for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;

.

Regulation of Investigatory Powers Act 2000 (c. 23)

74

In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant authorities for the purposes of sections 28 and 29), after paragraph 20G insert—

(20H) The Office for Nuclear Regulation.

Freedom of Information Act 2000 (c. 36)

75

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), at the appropriate place insert— “ The Office for Nuclear Regulation. ”

Transport Act 2000 (c. 38)

76

In Schedule 9 to the Transport Act 2000 (air traffic: information), in paragraph 3(1), after paragraph (f) insert—

(fa) for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;

.

Energy Act 2004 (c. 20)

77

The Energy Act 2004 is amended as follows.

78

In section 14 (annual reports), in subsection (3)(g), after “with” insert “ the Office for Nuclear Regulation, ”.

79

• (1) Schedule 2 (procedural requirements applicable to NDA's strategy) is amended as follows.

• (2) In paragraph 4(2) (consultation by NDA), before paragraph (a) insert—

(za) the Office for Nuclear Regulation;

.

• (3) In paragraph 5(9) (approval of strategy), after paragraph (a) insert—

(aa) the Office for Nuclear Regulation;

.

80

• (1) Schedule 3 (procedural requirements applicable to NDA's annual plans) is amended as follows.

• (2) In paragraph 2(1) (consultation by NDA), before paragraph (a) insert—

(za) the Office for Nuclear Regulation;

.

• (3) In paragraph 3(8) (approval of annual plan), after paragraph (a) insert—

(aa) the Office for Nuclear Regulation;

.

Civil Contingencies Act 2004 (c. 36)

81

In Part 3 of Schedule 1 to the Civil Contingencies Act 2004 (category 2 responders: general), after paragraph 29A insert—

(29B) The Office for Nuclear Regulation.

Railways Act 2005 (c. 14)

82

Schedule 3 to the Railways Act 2005 (transfer of safety functions) is amended as follows.

83

In paragraph 1(5) (railway safety purposes), after paragraph (b) (but before the “and” immediately following it) insert—

(ba) the Office for Nuclear Regulation;

.

84

• (1) Paragraph 2 (ORR's principal railway safety functions) is amended as follows.

• (2) In sub-paragraph (6), for the words following “must” substitute

— (a) if the proposals relate to regulations that are relevant to the ONR's purposes (within the meaning of Part 3 of the Energy Act 2013), consult the Office for Nuclear Regulation; (b) in any case, consult— (i) such government departments, and (ii) such other persons, as it considers appropriate.

• (3) In sub-paragraph (7), at the end insert “ and, if the regulations are relevant to the ONR's purposes (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation ”.

85

In paragraph 4 (reports and investigations), after sub-paragraph (4) insert—

(4A) The Office of Rail Regulation must consult the Office for Nuclear Regulation before taking any step under sub-paragraph (1) in relation to a matter which appears to the Office of Rail Regulation to be, or likely to be, relevant to the ONR's purposes (within the meaning of Part 3 of the Energy Act 2013).

Fire (Scotland) Act 2005 (asp. 5)

86

• (1) Section 61 of the Fire (Scotland) Act 2005 (enforcing authorities) is amended as follows.

• (2) In subsection (7), for “Health and Safety Executive” (in both places) substitute “ appropriate body ”.

• (3) After that subsection insert—

(7A) For the purposes of subsection (7), “appropriate body” means— (a) in relation to a workplace which is, or is on, premises for which it is the enforcing authority, the Office for Nuclear Regulation; (b) in relation to any other workplace, the Health and Safety Executive.

• (4) Subsection (9) is amended as follows.

• (5) In paragraph (za)—

• (a) omit sub-paragraphs (i) and (ii);

• (b) for sub-paragraph (iv) substitute—

(iv) which are a workplace which is, or is on, a construction site, other than one in relation to which the Office for Nuclear Regulation is responsible for health and safety enforcement;

.

• (6) After that paragraph insert—

(zaa) in relation to relevant premises— (i) for which a licence is required by virtue of section 1 of the Nuclear Installations Act 1965 or for which a permit is required by virtue of section 2 of that Act; (ii) for which such a licence or permit would be required but for the fact that the premises are used by, or on behalf of, the Crown; or (iii) which are a workplace which is, or is on, a construction site in relation to which the Office for Nuclear Regulation is responsible for health and safety enforcement, the Office for Nuclear Regulation;

.

• (7) In paragraph (b)—

• (a) in sub-paragraph (i), for “(za)(ii), (iii)” substitute “ (za)(iii), (zaa)(ii) ”;

• (b) in sub-paragraph (ii), for “(za)(ii)” substitute “ (zaa)(ii) ”.

• (8) After subsection (9) insert—

(9A) For the purposes of subsection (9)— (a) “construction site” means a construction site, as defined in regulation 2(1) of the Construction (Design and Management) Regulations 2007, to which those Regulations apply, other than one to which regulation 46(1) of those Regulations applies; (b) the Office for Nuclear Regulation is responsible for health and safety enforcement in relation to a construction site if, by virtue of regulations under section 18(2) of the Health and Safety at Work etc. Act 1974 (enforcement), it is responsible for the enforcement of any of the relevant statutory provisions (within the meaning of Part 1 of that Act) in relation to the site.

• (9) In subsection (10), after “(9)” insert “ or (9A) ”.

Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)

87

The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) is amended as follows.

88

• (1) Article 25 (enforcing authorities) is amended as follows.

• (2) That Article becomes paragraph (1) and is amended as follows.

• (3) In paragraph (b)—

• (a) omit sub-paragraphs (i) and (ii);

• (b) for sub-paragraph (iv) substitute—

(iv) any workplace which is, or is on, a construction site, other than one in relation to which the Office for Nuclear Regulation is responsible for health and safety enforcement;

.

• (4) After that paragraph insert—

(bb) the Office for Nuclear Regulation in relation to— (i) any premises for which a licence is required by virtue of section 1 of the Nuclear Installations Act 1965 or for which a permit is required by virtue of section 2 of that Act; (ii) any premises for which such a licence or permit would be required but for the fact that the premises are used by, or on behalf of, the Crown; (iii) any workplace which is, or is on, a construction site in relation to which the Office for Nuclear Regulation is responsible for health and safety enforcement;

.

• (5) In paragraph (e)—

• (a) in sub-paragraph (i), for “(b)(ii)” substitute “ (bb)(ii) ”;

• (b) in sub-paragraph (ii), for “(b)(ii)” substitute “ (bb)(ii) ”.

• (6) After Article 25(1) insert—

(2) For the purposes of paragraph (1)— (a) “construction site” means a construction site, as defined in regulation 2(1) of the Construction (Design and Management) Regulations 2007, to which those Regulations apply, other than one to which regulation 46(1) of those Regulations applies; (b) the Office for Nuclear Regulation is responsible for health and safety enforcement in relation to a construction site if, by virtue of regulations under section 18(2) of the Health and Safety at Work etc. Act 1974 (enforcement), it is responsible for the enforcement of any of the relevant statutory provisions (within the meaning of Part 1 of that Act) in relation to the site.

89

In Article 26 (enforcement of Order), in paragraph (3), after “Health and Safety Executive” (in both places) insert “ , Office for Nuclear Regulation ”.

Government of Wales Act 2006 (c. 32)

90

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

National Health Service Act 2006 (c. 41)

91

In section 2A of the National Health Service Act 2006 (Secretary of State's duty as to protection of public health)—

• (a) in subsection (3)(b), for “the Health and Safety Executive” substitute “ a relevant body ”;

• (b) in subsection (4)(a), for “Health and Safety Executive” substitute “ relevant body ”;

• (c) after subsection (4) insert—

(5) For the purposes of subsections (3) and (4), each of the following is a relevant body— (a) the Health and Safety Executive; (b) the Office for Nuclear Regulation.

.

Road Safety Act 2006 (c. 49)

92

Section 57 of the Road Safety Act 2006 (which amends section 2 of the Radioactive Material (Road Transport) Act 1991) is repealed.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

93

In section 25 of the Corporate Manslaughter and Corporate Homicide Act 2007, in the definition of “health and safety legislation”, at the end insert “ and provision dealing with health and safety matters contained in Part 3 of the Energy Act 2013 (nuclear regulation) ”.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

94

In Schedule 6 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of orders under Part 3), the entry for sections 2 to 6 of the Radioactive Material (Road Transport) Act 1991 is repealed.

Energy Act 2008 (c. 32)

95

The Energy Act 2008 is amended as follows.

96

In section 46 (approval of a funded decommissioning programme), in subsection (6), for paragraph (a) substitute—

(a) the Office for Nuclear Regulation,

.

97

In section 50 (power to disapply section 49), in subsection (2), for paragraph (a) substitute—

(a) the Office for Nuclear Regulation,

.

98

In section 54 (nuclear decommissioning: regulations and guidance), in subsection (8), for paragraph (a) substitute—

(a) the Office for Nuclear Regulation,

.

99

In section 59 (offence of further disclosure of information), in subsection (2)(c)—

• (a) for “the Health and Safety Executive” substitute “ the Office for Nuclear Regulation ”;

• (b) for “the Executive” substitute “ the Office for Nuclear Regulation ”.

100

In section 63 (co-operation with other public bodies), in subsection (2), for paragraph (a) substitute—

(a) the Office for Nuclear Regulation;

.

Borders, Citizenship and Immigration Act 2009 (c. 11)

101

• (1) Part 1 of the Borders, Citizenship and Immigration Act 2009 (which provides for certain functions of the Commissioners for Her Majesty's Revenue and Customs to be exercisable concurrently by the Secretary of State or the Director of Border Revenue) is amended as follows.

• (2) In section 1 (general customs functions of the Secretary of State), in subsection (6), after paragraph (a) (but before the “and” immediately following it) insert—

(aa) sections 98 and 99 of the Energy Act 2013 (HMRC functions in relation to Office for Nuclear Regulation etc.),

.

• (3) In section 7 (customs revenue functions of the Director of Border Revenue) in subsection (7), after paragraph (a) (but before the “and” immediately following it) insert—

(aa) sections 98 and 99 of the Energy Act 2013 (HMRC functions in relation to Office for Nuclear Regulation etc.),

.

Equality Act 2010 (c. 15)

102

In Schedule 19 to the Equality Act 2010 (public authorities: general), after the entry for the Health and Safety Executive insert— “ The Office for Nuclear Regulation. ”.

Health and Social Care Act 2012 (c. 7)

103

In section 58(6) of the Health and Social Care Act 2012 (radiation protection functions), after paragraph (b) insert—

(c) the Office for Nuclear Regulation.

.

SCHEDULE 13

1

• (1) On the transfer date, the designated property, rights and liabilities that are to be transferred from the Oil and Pipelines Agency (“the transferor”) to the Secretary of State (“the transferee”) are transferred and vest in accordance with the scheme.

• (2) The rights and liabilities that may be transferred by a scheme include those arising under or in connection with a contract of employment.

• (3) A certificate by the Secretary of State that anything specified in the certificate has vested in the Secretary of State by virtue of a scheme is conclusive evidence for all purposes of that fact.

• (4) In this Schedule—

• “civil service” means the civil service of the state;

• “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;

• “property” includes interests of any description;

• “the transfer date” means a date specified by a scheme as the date on which the scheme is to have effect;

• “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

2

• (1) A scheme may make provision—

• (a) for anything done by or in relation to the transferor in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the transferee;

• (b) for references to the transferor in any agreement (whether written or not), instrument or other document relating to any property, rights or liabilities transferred by the scheme to be treated as references to the transferee;

• (c) about the continuation of legal proceedings;

• (d) for transferring property, rights or liabilities which could not otherwise be transferred or assigned;

• (e) for transferring property, rights and liabilities irrespective of any requirement for consent which would otherwise apply;

• (f) for preventing a right of pre-emption, right of reverter, right of forfeiture, right to compensation or other similar right from arising or becoming exercisable as a result of the transfer of property, rights or liabilities;

• (g) for dispensing with any formality in relation to the transfer of property, rights or liabilities by the scheme;

• (h) for transferring property acquired, or rights or liabilities arising, after the scheme is made but before it takes effect;

• (i) for apportioning property, rights or liabilities;

• (j) for creating rights, or imposing liabilities, in connection with property, rights or liabilities transferred by the scheme;

• (k) for requiring the transferee to enter into any agreement of any kind, or for a purpose, specified in or determined in accordance with the scheme;

• (l) if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.

• (2) Sub-paragraph (1)(b) does not apply to references in primary legislation or in subordinate legislation.

3

For the purposes of this Schedule—

• (a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

• (b) the terms of the individual's employment in the civil service are to be regarded as constituting the terms of the contract of employment.

SCHEDULE 14

PART 1 — Gas consumers

1

• (1) The Gas Act 1986 is amended as set out in sub-paragraphs (2) to (7).

• (2) After section 30F insert—

(30G) (1) This section applies where the Authority is satisfied that— (a) a regulated person has contravened, or is contravening, any relevant condition or requirement, and (b) as a result of the contravention, one or more consumers have suffered loss or damage or been caused inconvenience. (2) The Authority may make an order (a “consumer redress order”) requiring the regulated person to do such things as appear to the Authority necessary for the purposes of— (a) remedying the consequences of the contravention, or (b) preventing a contravention of the same or a similar kind from being repeated. (3) A consumer redress order must specify the following— (a) the regulated person to whom the order applies; (b) the contravention in respect of which the order is made; (c) the affected consumers, or a description of such consumers; (d) the requirements imposed by the order; (e) the date by which the regulated person must comply with such requirements. (4) As soon as practicable after making a consumer redress order, the Authority must— (a) serve a copy of the order on the regulated person to whom the order applies, and (b) either— (i) serve a copy of the order on each affected consumer, or (ii) publish the order in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of affected consumers. (5) The date specified in a consumer redress order under subsection (3)(e) may not be earlier than the end of the period of 7 days from the date of the service of a copy of the order on the regulated person. (6) Different dates may be specified under subsection (3)(e) in relation to different requirements imposed by the order. (7) This section is subject to sections 30H to 30O. (8) In this section and in sections 30H to 30O— - “affected consumers”, in relation to a consumer redress order (or proposed order), are those consumers that the Authority is satisfied have suffered loss or damage, or been caused inconvenience, as a result of the contravention in respect of which the order is (or would be) made; - “consumers” means consumers in relation to gas conveyed through pipes; - “consumer redress order” means an order under subsection (2). (30H) (1) The things mentioned in section 30G(2) that a regulated person may be required to do under a consumer redress order (“the required remedial action”) include, in particular— (a) paying an amount to each affected consumer by way of compensation for the loss or damage suffered, or for the inconvenience caused, as a result of the contravention; (b) preparing and distributing a written statement setting out the contravention and its consequences; (c) terminating or varying any contracts entered into between the regulated person and affected consumers. (2) Where the required remedial action includes the payment of compensation, the order must specify— (a) the amount of compensation to be paid, and (b) the affected consumers, or a description of such consumers, to whom it is to be paid. (3) Where the required remedial action includes the preparation and distribution of a statement, the order may specify the information to be contained in the statement and the form and manner in which it is to be distributed. (4) The manner so specified may in particular include— (a) sending a copy of the statement to each affected consumer; (b) publishing the statement in such manner as the Authority considers appropriate for the purpose of bringing the statement to the attention of those consumers. (5) Where the required remedial action includes the termination or variation of a contract with an affected consumer— (a) the order may specify the terms on which the contract is to be terminated or the way in which it is to be varied, (b) the requirement has effect only if, and to the extent that, the affected consumer consents to the termination of the contract on those terms or to its variation in that way, and (c) the order may specify the steps to be taken by the regulated person for the purpose of enabling the affected consumer to give such consent. (30I) (1) Before making a consumer redress order the Authority must give notice stating that it proposes to make the order. (2) A notice under subsection (1) must specify— (a) the regulated person to whom the order will apply, (b) the contravention in respect of which the order is to be made, (c) the affected consumers, or a description of such consumers, (d) the requirements to be imposed by the order and the period within which such requirements are to be complied with, and (e) the time (not being less than 21 days from the relevant date) by which representations or objections with respect to the proposed order may be made, and the Authority must consider any representations or objections which are duly made and not withdrawn. (3) Before varying any proposal stated in a notice under subsection (1) the Authority must give notice specifying— (a) the proposed variation and the reasons for it, and (b) the time (not being less than 21 days from the relevant date) by which representations or objections with respect to the proposed variation may be made, and the Authority must consider any representations or objections which are duly made and not withdrawn. (4) Before revoking a consumer redress order the Authority must give notice— (a) stating that it proposes to revoke the order and the reasons for doing so, and (b) specifying the time (not being less than 21 days from the relevant date) within which representations or objections to the proposed revocation may be made, and the Authority must consider any representations or objections which are duly made and not withdrawn. (5) A notice required to be given under this section is to be given— (a) by serving a copy of the notice on the regulated person, and (b) either— (i) by serving a copy of the notice on each affected consumer, or (ii) by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of affected consumers. (6) The “relevant date”, in relation to a notice under this section, is— (a) in a case where the notice is published in accordance with subsection (5)(b)(ii), the date on which it is published; (b) in any other case, the latest date on which a copy of the notice is served in accordance with subsection (5)(a) and (b)(i). (30J) (1) The Authority must prepare and publish a statement of policy with respect to— (a) the making of consumer redress orders, and (b) the determination of the requirements to be imposed by such orders (including, in particular, the considerations the Authority will have regard to in determining such requirements). (2) The Authority must have regard to its current statement of policy— (a) in deciding whether to make a consumer redress order in respect of a contravention, and (b) in determining the requirements to be imposed by any such order. (3) The Authority may revise its statement of policy and, where it does so, must publish the revised statement. (4) Publication under this section is to be in such manner as the Authority considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them. (5) The Authority must consult such persons as it considers appropriate when preparing or revising its statement of policy. (30K) (1) Where no final or provisional order has been made in relation to a contravention, the Authority may not give a consumer redress order in respect of the contravention later than the end of the period of 5 years from the time of the contravention. (2) Subsection (1) does not apply if before the end of that period— (a) the notice under section 30I(1) relating to the order is served on the regulated person, or (b) a notice relating to the contravention is served on the regulated person under section 38(1). (3) Where a final or provisional order has been made in relation to a contravention, the Authority may give a consumer redress order in respect of the contravention only if the notice relating to the consumer redress order under section 30I(1) is served on the regulated person— (a) within 3 months from the confirmation of the provisional order or the making of the final order, or (b) where the provisional order is not confirmed, within 6 months from the making of the provisional order. (30L) (1) Compliance with a consumer redress order is enforceable by civil proceedings by the Authority— (a) for an injunction or interdict, (b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or (c) for any other appropriate remedy or relief. (2) Proceedings under subsection (1) are to be brought— (a) in England and Wales, in the High Court, or (b) in Scotland, in the Court of Session. (3) The obligation of a regulated person to comply with a consumer redress order is a duty owed to any person who may be affected by a contravention of the order. (4) Without limiting the Authority's right to bring civil proceedings under subsection (1), a duty owed to any person (“P”) by virtue of subsection (3) may be enforced by civil proceedings by P for any appropriate remedy or relief. (5) For the purposes of subsection (4), the duty owed to P may in particular be enforced by P as if it were contained in a contract between P and the regulated person who owes the duty. (30M) (1) A regulated person in respect of whom a consumer redress order is made may make an application to the court under this section if the person is aggrieved by— (a) the making of the order, or (b) any requirement imposed by the order. (2) An application under subsection (1) must be made within 42 days from the date of service on the regulated person of a copy of the order under section 30G(4)(a). (3) On an application under subsection (1) the court may— (a) quash the order or any provision of the order, or (b) vary any such provision in such manner as the court considers appropriate. (4) The court may exercise the powers under subsection (3) only if it considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the following grounds— (a) that the making of the order was not within the power of the Authority under section 30G; (b) that any of the requirements under section 30G(4) and 30I have not been complied with in relation to the making of the order and the interests of the regulated person have been substantially prejudiced by the non-compliance; (c) that it was unreasonable of the Authority to require something to be done under the order (whether at all or in accordance with the provisions of the order). (5) If an application is made under this section in relation to a consumer redress order, a requirement imposed by the order does not need to be carried out in accordance with the order until the application has been determined. (6) Where the court substitutes a lesser amount of compensation for an amount required by the Authority in a consumer redress order, it may require the payment of interest on the substituted amount at such rate, and from such date, as it considers just and equitable. (7) Where the court specifies as a date by which any compensation under a consumer redress order is to be paid a date before the determination of the application under this section, it may require the payment of interest on the amount from that date at such rate as it considers just and equitable. (8) Except as provided by this section, the validity of a consumer redress order is not to be questioned by any legal proceedings whatever. (9) In this section “the court” means— (a) in relation to England and Wales, the High Court; (b) in relation to Scotland, the Court of Session. (30N) (1) If— (a) compensation is required to be paid under a consumer redress order, and (b) it is not paid by the date by which it is required to be paid in accordance with the order, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838. (2) The Authority may not make a consumer redress order where it is satisfied that the most appropriate way of proceeding is under the Competition Act 1998. (3) The Authority's power to make a consumer redress order as a result of a contravention of a relevant condition or requirement is not to be taken as limiting the Authority's power to impose a penalty under section 30A in relation to the same contravention (whether instead of, or in addition to, making a consumer redress order). (4) The power of the Authority to make a consumer redress order is not exercisable in respect of any contravention before the coming into force of Schedule 14 to the Energy Act 2013. (30O) (1) The maximum amount of penalty that may be imposed on a regulated person in respect of a contravention may not exceed 10 per cent of the person's turnover. (2) The maximum amount of compensation that a regulated person may be required to pay in respect of a contravention may not exceed 10 per cent of the person's turnover. (3) Subsections (1) and (2) are subject to subsection (4) if, in respect of a contravention, both a penalty is imposed and compensation is required to be paid. (4) The maximum amount in total of the penalty and compensation combined in respect of the contravention may not exceed 10 per cent of the regulated person's turnover. (5) The Secretary of State may by order provide for how a person's turnover is to be determined for the purposes of this section. (6) An order under subsection (5) may make different provision for penalties and compensation. (7) An order under subsection (5) 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. (8) In this section— - “compensation” means compensation that a regulated person is required to pay by a consumer redress order; - “penalty” means a penalty imposed on a regulated person under section 30A.

• (3) In section 28 (orders for securing compliance), in subsection (8) for “30F” substitute “ 30O ”.

• (4) In section 30A (penalties), for subsections (8) and (9) substitute—

(8A) This section is subject to section 30O (maximum amount of penalty or compensation that may be imposed).

• (5) In the title of section 30E, after “Appeals” insert “ against penalties ”.

• (6) In section 38 (power to require information), in subsection (1) for “30F” substitute “ 30O ”.

• (7) In section 64 (provisions as to orders), in subsection (2) for “30A” substitute “ 30O ”.

• (8) An order under section 30A(8) of the Gas Act 1986 that is in force immediately before the coming into force of this paragraph—

• (a) is, on the coming into force of this paragraph, to have effect as if made in accordance with section 30O(5) of that Act (as inserted by this paragraph), and

• (b) is to be taken as applying in relation to a requirement to pay compensation imposed by a consumer redress order made under section 30G of that Act (as inserted by this paragraph) as it applies in relation to a penalty imposed under section 30A of that Act.

PART 2 — Electricity consumers

2

• (1) EA 1989 is amended as set out in sub-paragraphs (2) to (6).

• (2) After section 27F insert—

(27G) (1) This section applies where the Authority is satisfied that— (a) a regulated person has contravened, or is contravening, any relevant condition or requirement, and (b) as a result of the contravention, one or more consumers have suffered loss or damage or been caused inconvenience. (2) The Authority may make an order (a “consumer redress order”) requiring the regulated person to do such things as appear to the Authority necessary for the purposes of— (a) remedying the consequences of the contravention, or (b) preventing a contravention of the same or a similar kind from being repeated. (3) A consumer redress order must specify the following— (a) the regulated person to whom the order applies; (b) the contravention in respect of which the order is made; (c) the affected consumers, or a description of such consumers; (d) the requirements imposed by the order; (e) the date by which the regulated person must comply with such requirements. (4) As soon as practicable after making a consumer redress order, the Authority must— (a) serve a copy of the order on the regulated person to whom the order applies, and (b) either— (i) serve a copy of the order on each affected consumer, or (ii) publish the order in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of affected consumers. (5) The date specified in a consumer redress order under subsection (3)(e) may not be earlier than the end of the period of 7 days from the date of the service of a copy of the order on the regulated person. (6) Different dates may be specified under subsection (3)(e) in relation to different requirements imposed by the order. (7) This section is subject to sections 27H to 27O. (8) In this section and in sections 27H to 27O— - “affected consumers”, in relation to a consumer redress order (or proposed order), are those consumers that the Authority is satisfied have suffered loss or damage, or been caused inconvenience, as a result of the contravention in respect of which the order is (or would be) made; - “consumers” means consumers in relation to electricity conveyed by distribution systems or transmission systems; - “consumer redress order” means an order under subsection (2). (27H) (1) The things mentioned in section 27G(2) that a regulated person may be required to do under a consumer redress order (“the required remedial action”) include, in particular— (a) paying an amount to each affected consumer by way of compensation for the loss or damage suffered, or for the inconvenience caused, as a result of the contravention; (b) preparing and distributing a written statement setting out the contravention and its consequences; (c) terminating or varying any contracts entered into between the regulated person and affected consumers. (2) Where the required remedial action includes the payment of compensation, the order must specify— (a) the amount of compensation to be paid, and (b) the affected consumers, or a description of such consumers, to whom it is to be paid. (3) Where the required remedial action includes the preparation and distribution of a statement, the order may specify the information to be contained in the statement and the form and manner in which it is to be distributed. (4) The manner so specified may in particular include— (a) sending a copy of the statement to each affected consumer; (b) publishing the statement in such manner as the Authority considers appropriate for the purpose of bringing the statement to the attention of those consumers. (5) Where the required remedial action includes the termination or variation of a contract with an affected consumer— (a) the order may specify the terms on which the contract is to be terminated or the way in which it is to be varied, (b) the requirement has effect only if, and to the extent that, the affected consumer consents to the termination of the contract on those terms or to its variation in that way, and (c) the order may specify the steps to be taken by the regulated person for the purpose of enabling the affected consumer to give such consent. (27I) (1) Before making a consumer redress order the Authority must give notice stating that it proposes to make the order. (2) A notice under subsection (1) must specify— (a) the regulated person to whom the order will apply, (b) the contravention in respect of which the order is to be made, (c) the affected consumers, or a description of such consumers, (d) the requirements to be imposed by the order and the period within which such requirements are to be complied with, and (e) the time (not being less than 21 days from the relevant date) by which representations or objections with respect to the proposed order may be made, and the Authority must consider any representations or objections which are duly made and not withdrawn. (3) Before varying any proposal stated in a notice under subsection (1) the Authority must give notice specifying— (a) the proposed variation and the reasons for it, and (b) the time (not being less than 21 days from the relevant date) by which representations or objections with respect to the proposed variation may be made, and the Authority must consider any representations or objections which are duly made and not withdrawn. (4) Before revoking a consumer redress order the Authority must give notice— (a) stating that it proposes to revoke the order and the reasons for doing so, and (b) specifying the time (not being less than 21 days from the relevant date) within which representations or objections to the proposed revocation may be made, and the Authority must consider any representations or objections which are duly made and not withdrawn. (5) A notice required to be given under this section is to be given— (a) by serving a copy of the notice on the regulated person, and (b) either— (i) by serving a copy of the notice on each affected consumer, or (ii) by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of affected consumers. (6) The “relevant date”, in relation to a notice under this section, is— (a) in a case where the notice is published in accordance with subsection (5)(b)(ii), the date on which it is published; (b) in any other case, the latest date on which a copy of the notice is served in accordance with subsection (5)(a) and (b)(i). (27J) (1) The Authority must prepare and publish a statement of policy with respect to— (a) the making of consumer redress orders, and (b) the determination of the requirements to be imposed by such orders (including, in particular, the considerations the Authority will have regard to in determining such requirements). (2) The Authority must have regard to its current statement of policy— (a) in deciding whether to make a consumer redress order in respect of a contravention, and (b) in determining the requirements to be imposed by any such order. (3) The Authority may revise its statement of policy and, where it does so, must publish the revised statement. (4) Publication under this section is to be in such manner as the Authority considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them. (5) The Authority must consult such persons as it considers appropriate when preparing or revising its statement of policy. (27K) (1) Where no final or provisional order has been made in relation to a contravention, the Authority may not give a consumer redress order in respect of the contravention later than the end of the period of 5 years from the time of the contravention. (2) Subsection (1) does not apply if before the end of that period— (a) the notice under section 27I(1) relating to the order is served on the regulated person, or (b) a notice relating to the contravention is served on the regulated person under section 28(2). (3) Where a final or provisional order has been made in relation to a contravention, the Authority may give a consumer redress order in respect of the contravention only if the notice relating to the consumer redress order under section 27I(1) is served on the regulated person— (a) within 3 months from the confirmation of the provisional order or the making of the final order, or (b) where the provisional order is not confirmed, within 6 months from the making of the provisional order. (27L) (1) Compliance with a consumer redress order is enforceable by civil proceedings by the Authority— (a) for an injunction or interdict, (b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or (c) for any other appropriate remedy or relief. (2) Proceedings under subsection (1) are to be brought— (a) in England and Wales, in the High Court, or (b) in Scotland, in the Court of Session. (3) The obligation of a regulated person to comply with a consumer redress order is a duty owed to any person who may be affected by a contravention of the order. (4) Without limiting the Authority's right to bring civil proceedings under subsection (1), a duty owed to any person (“P”) by virtue of subsection (3) may be enforced by civil proceedings by P for any appropriate remedy or relief. (5) For the purposes of subsection (4), the duty owed to P may in particular be enforced by P as if it were contained in a contract between P and the regulated person who owes the duty. (27M) (1) A regulated person in respect of whom a consumer redress order is made may make an application to the court under this section if the person is aggrieved by— (a) the making of the order, or (b) any requirement imposed by the order. (2) An application under subsection (1) must be made within 42 days from the date of service on the regulated person of a copy of the order under section 27G(4)(a). (3) On an application under subsection (1) the court may— (a) quash the order or any provision of the order, or (b) vary any such provision in such manner as the court considers appropriate. (4) The court may exercise the powers under subsection (3) only if it considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the following grounds— (a) that the making of the order was not within the power of the Authority under section 27G; (b) that any of the requirements under sections 27G(4) and 27I have not been complied with in relation to the making of the order and the interests of the regulated person have been substantially prejudiced by the non-compliance; (c) that it was unreasonable of the Authority to require something to be done under the order (whether at all or in accordance with the provisions of the order). (5) If an application is made under this section in relation to a consumer redress order, a requirement imposed by the order does not need to be carried out in accordance with the order until the application has been determined. (6) Where the court substitutes a lesser amount of compensation for an amount required by the Authority in a consumer redress order, it may require the payment of interest on the substituted amount at such rate, and from such date, as it considers just and equitable. (7) Where the court specifies as a date by which any compensation under a consumer redress order is to be paid a date before the determination of the application under this section, it may require the payment of interest on the amount from that date at such rate as it considers just and equitable. (8) Except as provided by this section, the validity of a consumer redress order is not to be questioned by any legal proceedings whatever. (9) In this section “the court” means— (a) in relation to England and Wales, the High Court; (b) in relation to Scotland, the Court of Session. (27N) (1) If— (a) compensation is required to be paid under a consumer redress order, and (b) it is not paid by the date by which it is required to be paid in accordance with the order, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838. (2) The Authority may not make a consumer redress order where it is satisfied that the most appropriate way of proceeding is under the Competition Act 1998. (3) The Authority's power to make a consumer redress order as a result of a contravention of a relevant condition or requirement is not to be taken as limiting the Authority's power to impose a penalty under section 27A in relation to the same contravention (whether instead of, or in addition to, making a consumer redress order). (4) The power of the Authority to make a consumer redress order is not exercisable in respect of any contravention before the coming into force of Schedule 14 to the Energy Act 2013. (27O) (1) The maximum amount of penalty that may be imposed on a regulated person in respect of a contravention may not exceed 10 per cent of the person's turnover. (2) The maximum amount of compensation that a regulated person may be required to pay in respect of a contravention may not exceed 10 per cent of the person's turnover. (3) Subsections (1) and (2) are subject to subsection (4) if, in respect of a contravention, both a penalty is imposed and compensation is required to be paid. (4) The maximum amount in total of the penalty and compensation combined in respect of the contravention may not exceed 10 per cent of the turnover of the regulated person. (5) The Secretary of State may by order provide for how a person's turnover is to be determined for the purposes of this section. (6) An order under subsection (5) may make different provision for penalties and compensation. (7) An order under subsection (5) 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. (8) In this section— - “compensation” means compensation that a regulated person is required to pay by a consumer redress order; - “penalty” means a penalty imposed on a regulated person under section 27A.

• (3) In section 27A (penalties), for subsections (8) and (9) substitute—

(8A) This section is subject to section 27O (maximum amount of penalty or compensation that may be imposed).

• (4) In the title of section 27E, after “Appeals” insert “ against penalties ”.

• (5) In section 28 (power to require information), in subsection (1) for “27F” substitute “ 27O ”.

• (6) In section 106 (regulations and orders), in subsection (2)(b) for “27A” substitute “ 27O ”.

• (7) An order under section 27A(8) of EA 1989 that is in force immediately before the coming into force of this paragraph—

• (a) is, on the coming into force of this paragraph, to have effect as if made in accordance with section 27O(5) of that Act (as inserted by this paragraph), and

• (b) is to be taken as applying in relation to a requirement to pay compensation imposed by a consumer redress order made under section 27G of that Act (as inserted by this paragraph) as it applies in relation to a penalty imposed under section 27A of that Act.

Decarbonisation target range

Further duties of the Secretary of State

Regulations to encourage low carbon electricity generation

Payments to electricity suppliers

Licence modifications under sections 49 and 50: further provisions

Transition to certificate purchase scheme

Duty not to exceed annual carbon dioxide emissions limit

Suspension etc of emissions limit in exceptional circumstances

The ONR's purposes

Meaning of “government pipe-line and storage system”

Rights apart from Part 4

Designation of statement

Designation of statement

Powers to alter activities requiring licence: activities related to supply contracts

Powers to alter activities requiring licence: activities related to supply contracts

Offshore transmission systems

Fees for services provided for energy resilience purposes

Fees for services provided for energy resilience purposes

Interpretation of Act

Interpretation of Act

Power to make transfer schemes

Contents of a scheme

Compensation

Meaning of “investment contract”

Varied investment contract

Confidential information

Interpretation for the purposes of this Schedule

Investment contract counterparty

Regulations for the purposes of investment contracts

Supplier obligation

Payments to electricity suppliers

Application of sums

Information and advice

Investment contracts: functions of the Authority

Enforcement

Consultation

Duties and liabilities of an investment contract counterparty and a CFD counterparty

Shadow directors, etc.

Transfers

Licence modifications

Expenditure

Power to make transfer schemes

Contents of a scheme

Compensation

Application of duty: changes to main boilers

Application of duty: generating stations not exporting to a network

Modifications where gasification or CCS plant associated with two or more generating stations

Modifications where carbon capture and storage process used in relation to part of generating station

Modifications of emissions limit duty for changes of circumstance during a year

Matters that may be contained in enforcement regulations

Enforcement notices

Financial penalties

General

Interpretation

Provision that may be made by nuclear regulations

Interpretation

Nuclear installations etc

Research

Import etc

Transport

Licences and approvals

Appointment of persons to carry out specified functions

Restrictions on employment

Instruction, training and supervision etc

Registration, notification and records

Accidents and other occurrences

Status

Membership

Terms of appointment

Remuneration, allowances and pensions etc of non-executive members

Employees and other members of staff

Committees

Procedure

Performance of functions

Payment of allowances and expenses

Indemnities

Accounts

Strategy

Annual plan

Reporting requirements of the ONR

Laying and publication

Payments and borrowing

Supplementary powers

Financial year

Appointment of inspectors

Powers of inspectors

Improvement notices

Prohibition notices

Improvement and prohibition notices: supplementary

Appeal against improvement or prohibition notice

Improvement and prohibition notices: offences

Power of entry

Power to take persons and equipment etc onto premises

Power to deal with cause of imminent danger

Powers exercisable in relation to particular articles or substances or in particular circumstances

Powers of inspection and examination and to take samples

Powers to require information and documents

Offences

Supplementary powers

Protection for documents subject to legal professional privilege etc

Duty to provide information to employees or their representatives

Interpretation

Meaning of “protected information” and related terms

Prohibition on disclosing protected information

Offence of disclosing protected information in contravention of paragraph 2

Offence of using protected information in contravention of a restriction in Part 3

Defence to offences under paragraphs 3 and 4

Penalty for offences under paragraphs 3 and 4

Disclosure with appropriate consent

Disclosure by ONR, inspectors etc

Disclosure to the ONR, inspectors etc

Ministers, government departments and certain authorities

Health and safety etc

Local authorities and water authorities etc

Police

Disclosure required under legislation

Legal proceedings, inquiries and investigations

Disclosure for safeguards purposes

Anonymised information

Interaction with other legislation

Interpretation

Venue

Extension of time for bringing summary proceedings

Continuation of offences

Offences due to fault of other person

Offences by bodies corporate

Offences by partnerships

Restriction on institution of proceedings in England and Wales

Prosecutions by inspectors in England and Wales

Onus of proving limits of what is practicable etc

Evidence

Power of court to order cause of offence to be remedied

Power to make staff transfer schemes

Staff to whom a transfer may apply

Content of a staff transfer scheme

Power to make property transfer schemes

Qualifying property

Content of a property transfer scheme

Compensation

Health and Safety at Work etc. Act 1974 (c. 37)

Nuclear Installations Act 1965 (c. 57)

Consequential repeals and revocations

Anti-terrorism, Crime and Security Act 2001 (c. 24)

Atomic Energy Act 1946 (c. 80)

Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25)

Nuclear Safeguards Act 2000 (c. 5)

Explosives Act 1875 (c. 17)

Factories Act 1961 (c. 34)

Parliamentary Commissioner Act 1967 (c. 13)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Employment Protection Act 1975 (c.71)

Civil Aviation Act 1982 (c. 16)

Water Act 1989 (c. 15)

Electricity Act 1989 (c. 29)

Radioactive Material (Road Transport) Act 1991 (c. 27)

Water Industry Act 1991 (c. 56)

Water Resources Act 1991 (c. 57)

Radioactive Substances Act 1993 (c. 12)

Railways Act 1993 (c. 43)

Coal Industry Act 1994 (c. 21)

Deregulation and Contracting Out Act 1994 (c. 40)

Scotland Act 1998 (c. 46)

Greater London Authority Act 1999 (c. 29)

Regulation of Investigatory Powers Act 2000 (c. 23)

Freedom of Information Act 2000 (c. 36)

Transport Act 2000 (c. 38)

Energy Act 2004 (c. 20)

Civil Contingencies Act 2004 (c. 36)

Railways Act 2005 (c. 14)

Fire (Scotland) Act 2005 (asp. 5)

Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)

Government of Wales Act 2006 (c. 32)

National Health Service Act 2006 (c. 41)

Road Safety Act 2006 (c. 49)

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

Energy Act 2008 (c. 32)

Borders, Citizenship and Immigration Act 2009 (c. 11)

Equality Act 2010 (c. 15)

Health and Social Care Act 2012 (c. 7)

Editorial notes