The Electricity and Gas (Smart Meters Licensable Activity) Order 2012

Amendment to section 5 (prohibition on unlicensed activities)

19.—(1) Section 5(1) (prohibition on unlicensed activities) is amended as follows.

(2) In subsection (1)—

(a) omit the word “or” after paragraph (b); and

(b) after paragraph (c), insert—

“; or

(d) provides a smart meter communication service,”.

(3) After subsection (10), insert—

“(11) A reference in this Part to providing a smart meter communication service is a reference to making arrangements with each domestic supplier to provide a service, for such suppliers, of communicating relevant information to and from smart meters through which gas is supplied to domestic premises.

(12) In this section—

“domestic supplier” means a gas supplier—

(a)

who is authorised, in accordance with the conditions of a licence, to supply gas to domestic premises; and

(b)

who supplies gas to domestic premises in accordance with that licence;

“external electronic communications network” means a network which—

(a)

is an electronic communications network, within the meaning of section 32 of the Communications Act 2003(2); and

(b)

does not form part of a smart meter;

“relevant information” means information relating to the supply of gas; and

“smart meter” means—

(a)

a gas meter which can send and receive information using an external electronic communications network; or

(b)

a gas meter and a device which is associated with or ancillary to that meter and which enables information to be sent to and received by the meter using an external electronic communications network.”.

(1)

Section 5 was substituted by section 3 of the Gas Act 1995 (c. 45). Relevant amendments were made by section 108 of and Schedules 6 (Part 1, paragraphs 1 and 3) and 8 to the Utilities Act 2000 (c. 27) and section 149 of the Energy Act 2004 (c. 20).

(2)

2003 c. 21, as amended by SI 2011/1210.