Electricity Act 1989
Part I ELECTRICITY SUPPLY
Introductory
1 The Director General of Electricity Supply.
2 Consumers’ committees.
3 General duties of Secretary of State and Director.
3AThe principal objective and general duties of the Secretary of State and the Authority.
3B Guidance on social and environmental matters.
3C Health and safety.
3DExceptions from sections 3A to 3C.
3EBinding decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission
3FAuthority to consult and cooperate with other authorities
Licensing of supply etc.
4Prohibition on unlicensed supply etc.
5Exemptions from prohibition.
5ADuties of distribution exemption holders
5BDuties of supply exemption holders
6Licences authorising supply, etc.
6AProcedure for licence applications.
6BApplications for transmission licences.
6BAMeaning of “relevant electricity project”, “relevant licence” and “relevant contract”
6BBDesignation of a delivery body
6CCompetitive tenders
6CAPower to require information
6CBRecovery of tender costs
6CCCompetitive tenders: supplementary
6CDSections 6C to 6CC: further definitions
6DSection 6C: supplemental provision
6EProperty schemes in respect of relevant licences and contracts
6F... Transmission during commissioning period
6GSection 6F: meaning of “commissioning period”
6HSections 6C, 6F and 6G: modification of codes or agreements
7Conditions of licences: general.
7ATransfer of licences.
7BUniform prices etc. in certain areas of Scotland.
8Conditions for funding certain companies engaged in nuclear generation in Scotland.
8AStandard conditions of licences.
9General duties of licence holders.
10Powers etc. of licence holders.
Electricity transmission and the operation of electricity interconnectors: independence
10AElectricity transmission and the operation of electricity interconnectors: requirement for certain participants to be certified as independent
10BApplication for certification
10CReport where applicant connected with a country outside the United Kingdom
10DCertification
10EGrounds for certification
10FThe ownership unbundling requirement
10GThe ownership unbundling requirement: supplementary
10HDesignation for the purposes of the Electricity Regulation
10IMonitoring and review of certification
10JReview of certification: requirement to provide information etc
10KReport as to any connection of certified person with a country outside the United Kingdom
10LContinuation or withdrawal of certification
10MProhibition on the exercise of certain shareholder rights and rights of appointment
10NValidity of acts infringing section 10M
10OInterpretation
Modification of licences
11 Modification by agreement.
11AModification of conditions of licences
11BModification of conditions under section 11A: supplementary
Appeal from decisions of the Authority
11CAppeal to the CMA
11DProcedure on appeal to CMA
11EDetermination by CMA of appeal
11F CMA's powers on allowing appeal
11GTime limits for CMA to determine an appeal
11HDetermination of appeal by CMA : supplementary
12 Modification references to Monopolies Commission.
12A References under section 12: time limits
12B References under section 12: powers of investigation
13 Reports on modification references.
14 Modification following report.
14A Competition Commission’s power to veto modifications following report.
15 Modification by order under other enactments.
15A Licence modifications relating to new electricity trading arrangements.
Duties of electricity distributors
16 Duty to connect on request.
16A Procedure for requiring a connection.
17 Exceptions from duty to connect.
18 Power to recover charges.
19 Power to recover expenditure.
20 Power to require security.
21 Additional terms of connection.
22 Special agreements with respect to connection.
23 Determination of disputes.
24 The public electricity supply code.
Enforcement of obligations of regulated persons
25 Orders for securing compliance.
26 Procedural requirements.
27 Validity and effect of orders.
27A Penalties.
27BStatement of policy with respect to penalties.
27C Time limits on the imposition of financial penalties.
27D Interest and payment of instalments.
27E Appeals against penalties.
27F Recovery of penalties.
27GConsumer redress orders
27HRemedial action under a consumer redress order
27IOther procedural requirements in relation to consumer redress orders
27JStatement of policy with respect to consumer redress orders
27KTime limits for making consumer redress orders
27LEnforcement of consumer redress orders
27MAppeals against consumer redress orders
27NConsumer redress orders: miscellaneous
27OMaximum amount of penalty or compensation
28 Power to require information etc.
Provisions with respect to supply generally
29 Regulations relating to supply and safety.
30 Electrical inspectors.
31 Use etc. of meters.
Protection of public interest
32 The renewables obligation
32AFurther provision about the renewables obligation
32BRenewables obligation certificates
32CSection 32B: supplemental provision
32DAmounts of electricity specified in certificates
32ESection 32D: transitional provision and savings
32FUse of renewables obligation certificates issued in Northern Ireland
32GPayment as alternative to complying with renewables obligation order
32HAllocation of amounts to electricity suppliers
32ICosts of the Authority and the Northern Ireland authority
32JInformation
32KRenewables obligation order: general provision
32LRenewables obligation orders: procedure
32LARenewables obligation closure order
32LBRenewables obligation closure orders: procedure
32LCOnshore wind generating stations: closure of renewables obligation
32LDOnshore wind generating stations accredited, or additional capacity added, on or before the onshore wind closure date
32LEOnshore wind generating stations accredited, or additional capacity added, in the year after the onshore wind closure date: grid or radar delay condition met
32LFOnshore wind generating stations accredited, or additional capacity added, on or before 31 March 2017: approved development condition met
32LGOnshore wind generating stations accredited, or additional capacity added, between 1 April 2017 and 31 March 2018: grid or radar delay condition met
32LHOnshore wind generating stations accredited, or additional capacity added, between 1 April 2017 and 31 January 2018: investment freezing condition met
32LIOnshore wind generating stations accredited, or additional capacity added, between 1 February 2018 and 31 January 2019: grid or radar delay condition met
32LJThe approved development condition
32LKThe investment freezing condition
32LLThe grid or radar delay condition
32LMUse of Northern Ireland certificates: onshore wind power
32MInterpretation of sections 32 to 32M
32NThe certificate purchase obligation
32OFurther provision about the certificate purchase obligation
32PCertificate purchase levy
32QUse of levy payments
32RDesignation of a CFD counterparty as purchasing body or administrator
32SGB certificates
32T NI certificates
32USections 32S and 32T: supplemental provision
32VCertificate purchase orders: amounts of electricity stated in certificates
32WSection 32V: transitional provision and savings
32XCertificate purchase orders: information
32YCertificate purchase orders: corresponding provision
32ZCertificate purchase orders: general provision
32Z1Certificate purchase orders: procedure
32Z2Interpretation of sections 32N to 32Z2
33 Fossil fuel levy.
34 Fuel stocks etc. at generating stations.
35 Provisions supplementary to section 34.
36 Consent required for construction etc. of generating stations.
36ADeclarations extinguishing etc. public rights of navigation
36BDuties in relation to navigation
36CVariation of consents under section 36
36DProceedings for questioning certain decisions under section 36
36EApplications under section 36D: requirement for permission
37 Consent required for overhead lines.
38 Preservation of amenity and fisheries.
Consumer protection: standards of performance
39 Electricity supply: performance in individual cases.
39A Standards of performance in individual cases: electricity distributors.
39B Standards of performance in individual cases: disputes.
40 Electricity supply: overall performance.
40A Overall standards of performance: electricity distributors.
40B Procedures for prescribing or determining standards of performance.
41APromotion of reductions in carbon emissions: ... electricity distributors and electricity suppliers
41AAScottish Ministers' promotion of reductions in carbon emissions: electricity suppliers
41BPromotion of reductions in home-heating costs: electricity distributors and electricity suppliers
41BAScottish Ministers' promotion of reductions in home-heating costs: electricity suppliers
42 Information with respect to levels of performance.
42A Information to be given to customers about overall performance.
42AA Publication of statistical information about standards of performance.
42ABInformation relating to complaints handling standards
42B Procedures for dealing with complaints.
42C Remuneration and service standards.
Consumer protection: miscellaneous
43 Functions with respect to competition.
43A Adjustment of charges to help disadvantaged groups of customers.
43B Orders: supplementary.
44 Maximum prices for reselling electricity.
Section 44B disputes
44BMeaning of “section 44B dispute”
44CDetermination of disputes
44DTime limit for determinations
Investigation of complaints
45 Investigation of enforcement matters.
46 Consumer complaints.
46A Power of Council to investigate other matters.
Other functions of Director
47ZAAnnual report by Authority on security of electricity supply
47 General functions.
47APower to require information etc for the purpose of monitoring
48 Publication of information and advice.
49Keeping of register.
49A Reasons for decisions.
50 Other functions of Director
Provisions with respect to committees
51 General duty of consumers’ committees to advise Director etc.
52 Periodical and other reports of consumers’ committees.
53 The National Consumers’ Consultative Committee.
Provisions with respect to Consumers’ etc. Councils
54 Abolition of Consumers’ etc. Councils.
55 Compensation for chairmen and officers of abolished Councils.
56 Continuity of employment of officers of abolished Councils.
Alteration of activities requiring licence
56APower to alter activities requiring licence.
56BApplication by Authority for order including new activities.
56CReferences to CMA .
56CAReferences under section 56C: time limits
56CBReferences under section 56C: application of Enterprise Act 2002
56DReports on references.
56EApplication by Authority for order excluding activities.
56FConsultation by Secretary of State about order excluding activities.
56FANew licensable activities: smart meters
56FBSection 56FA: supplemental
56FBANew licensable activities: load control of energy smart appliances
56FBBRegulations under section 56FBA
56FCCompetitive tenders for licences for new licensable activities
Miscellaneous
56G Service by Authority of certain notices on Citizens Advice and Consumer Scotland.
57 General restrictions on disclosure of information.
58 Directions restricting the use of certain information.
59 Making of false statements etc.
Supplemental
60 Powers to make regulations.
61 Concurrent proceedings.
62 Public inquiries.
63 Application to Crown land.
64Interpretation etc. of Part I.
PART II REORGANISATION OF THE INDUSTRY
Transfers to successor companies
65 Transfer of property etc. of Area Boards.
66 Transfer of property etc. of Generating Board and Electricity Council.
67 Transfer of property etc. of Scottish Boards.
68 Transfer schemes under sections 66 and 67.
69 Functions of Secretary of State in relation to transfer schemes.
70 Supplementary provisions as to transfers under sections 66 and 67.
Ownership of successor companies
71 Initial Government holding in the companies.
72 Government investment in securities of the companies.
73 Exercise of functions through nominees.
74 Target investment limit for Government shareholding.
Finances of successor companies
75 Statutory reserves.
76 Statutory accounts.
77 Temporary restrictions on borrowings etc.
78 Government lending to the companies.
79 Treasury guarentees for loans made to the companies.
80 Conversion of certain loans etc. to the Scottish companies.
81 Financial limits on borrowing etc.
Provisions with respect to floatation
82 Responsibility for composite listing particulars.
83 Application of Trustee Investments Act 1961 in relation to investment in operating companies.
Provisions with respect to existing bodies
84 Dissolution etc. of existing bodies.
85 Compensation to members and employees of existing bodies.
86 Discharge of certain advances and loans made to existing bodies.
87 Expenditure and receipts of Electricity Council.
88 Grants towards expenditure during transitional period.
Miscellaneous
89 Payments for the use of tax losses.
90 Taxation provisions.
91 Electricity Stock.
92 Abolition of central guarantee fund.
Supplemental
93 Parliamentary disqualification.
94 Construction of references to property, rights and liabilities.
95 Other interpretation of Part II.
Part III MISCELLANEOUS AND SUPPLEMENTAL
Miscellaneous
96 Directions for preserving security of electricity supplies etc.
97 Financial assistance for discharge of nuclear liabilities.
98 Provision of statistical information.
99 Promotion of new techniques in national interest.
Amendment of enactments
100 Competition and restrictive trade practices.
101 Rights of entry.
102 Production and supply of heat or electricity etc. by Scottish local authorities.
103 Stamp duty exemption for certain contracts.
Amendment etc. of pension schemes
104 Amendment etc. of Electricity Supply Pension Scheme.
105 Amendment etc. of Scottish Pension Schemes.
Supplemental
106Regulations and orders.
107 Directions.
108 Offences by bodies corporate.
108AExtraterritorial operation of Act
109 Service of documents.
110 Financial provisions.
111 General interpretation.
112 Amendments, transitional provisions, savings and repeals.
113 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1
Remuneration, pensions etc.
1
Staff
2
Expenses of the Director and his staff
3
Official seal
4
Performance of functions
5
Documentary evidence
6
The Parliamentary Commissioner
7
Parliamentary disqualification etc.
8
SCHEDULE 2
Preliminary
1
Remuneration, pensions etc. of chairman
2
Allowances for other members
3
Administration etc.
4
Proceedings
5
6
Sub-committees
7
Financial provisions
8
Amendment of other Acts
9
10
SCHEDULE 2ZADuties of distribution exemption holders
Third party access
1(1) This paragraph applies where— (a) a customer owns or...
2(1) This paragraph and paragraph 3 apply where a customer...
3(1) The third party supplier mentioned in paragraph 2(1) may...
4(1) This paragraph applies where a distribution exemption holder is...
Charges for use of system
5(1) Subject to paragraph 13(1), a distribution exemption holder on...
6(1) Sub-paragraph (2) applies where a distribution exemption holder is...
Connection
7(1) This paragraph applies where a distribution exemption holder is...
8(1) Where a distribution exemption holder makes a connection under...
9(1) This paragraph applies where a distribution exemption holder has...
10(1) The distribution exemption holder may enter into an agreement...
11(1) Section 23 (determination of disputes) applies in relation to...
Closed distribution systems
12(1) A distribution exemption holder may apply to the Authority...
13(1) Paragraph 5(1) to (8) does not apply in relation...
14(1) Sub-paragraphs (2) and (3) apply if a customer has...
Change of circumstance in respect of a closed distribution system
15(1) If, after a system has been classified as a...
Interpretation
16(1) In this Schedule— “charging statement” (in relation to a...
SCHEDULE 2ZBDuties of supply exemption holders
Change of supplier
1(1) This paragraph applies if a supply exemption holder enters...
2(1) This paragraph applies if— (a) a person (“the new...
3(1) A supply exemption holder must not require a household...
Customer contracts
4(1) Where a supply exemption holder enters into a contract...
Customer information
5(1) No later than 12 months after entering into a...
6(1) A supply exemption holder must, so far as is...
7(1) A supply exemption holder must— (a) with each bill...
Determination of disputes
8(1) Sections 44C and 44D apply in relation to an...
Interpretation
9In this Schedule— “customer” means a person who purchases electricity...
SCHEDULE 2AProperty Schemes
Scheme-making power
1(1) This paragraph applies where a tender exercise is held...
Further provision about the content of a scheme
2(1) A property scheme may also contain—
Applications for schemes
3(1) An application for a property scheme may be made...
Timing of applications
4An application for a property scheme, in relation to a...
5(1) No application may be made for a property scheme...
Notifying the non-applicant party
6(1) On receipt of an application for a property scheme,...
Notifying third parties
7(1) As soon as reasonably practicable after receiving the information...
Publishing the application
8As soon as reasonably practicable after an application is made...
Supplementing the application
9(1) The non-applicant party may, by notice served on the...
10As soon as reasonably practicable after the Authority receives a...
Restricting or withdrawing the application
11(1) Where an application for a property scheme has been...
The Authority's functions in relation to applications
12(1) On an application for the making of a property...
13On an application for a property scheme, no scheme may...
Terms of a property scheme
14(1) Where the Authority is required to make a property...
15(1) A determination under paragraph 14, so far as relating...
Additional powers of the Authority
16(1) The Authority may, by notice, require any of the...
17The Authority may engage consultants for the purpose of advising...
Notification of property scheme
18(1) This paragraph applies where the Authority makes a property...
Refusal of application or part of application
19(1) This paragraph applies where the Authority—
Effect of property scheme
20A property scheme, by virtue of this paragraph, has effect...
21(1) A transaction of any description effected by or under...
22Where— (a) an amount of compensation is owed to a...
Review of determinations
23(1) Any person affected by a determination of the Authority...
24(1) This paragraph applies where— (a) the Competition Appeal Tribunal...
25(1) This paragraph applies where— (a) the Competition Appeal Tribunal...
26(1) This paragraph applies where— (a) the Competition Appeal Tribunal...
27(1) An order under paragraph 23(4)(b) may include provision for...
Interim arrangements pending review of determination
28(1) This paragraph applies where— (a) a person makes an...
29(1) This paragraph applies where— (a) a person makes an...
30In exercising its powers under paragraph 28 or 29, the...
31Paragraphs 28 or 29 are without prejudice to any powers...
32(1) If an order under paragraph 28 or 29 is...
Appeal on a point of law
33(1) An appeal lies on any point of law arising...
Change of asset owner during application process
34(1) Where any property, rights or liabilities specified in an...
The preferred bidder
35(1) The preferred bidder, in relation to a tender exercise,...
The successful bidder
36(1) The successful bidder, in relation to a tender exercise,...
Transmission owner and distribution network owner of last resort
36A(1) Before directing the holder of a transmission licence to...
36B(1) Before directing the holder of a distribution licence to...
Associated bodies corporate
37(1) For the purposes of this Schedule, one body corporate...
Interpretation
38(1) In this Schedule— “the asset owner”— in relation to...
SCHEDULE 3 Compulsory Acquisition of Land etc. by Licence Holders
Part I Powers of Acquisition
1(1) Subject to paragraph 2 below, the Secretary of State...
2(1) No order shall be made under paragraph 1 above...
3(1) This paragraph applies to land which—
4Where a licence holder has acquired any land by virtue...
Part II Procedure, Compensation etc. (England and Wales)
Application of Acquisition of Land Act 1981 generally
5(1) Subject to sub-paragraph (2) below, the Acquisition of Land...
New rights: general adaptation of Compulsory Purchase Act 1965
6The Compulsory Purchase Act 1965 shall have effect with the...
New rights: specific adaptations of Act of 1965
7Without prejudice to the generality of paragraph 6 above, Part...
8For section 7 of that Act (measure of compensation) there...
9Section 8(1) of the Compulsory Purchase Act 1965 has effect...
10The following provisions of that Act (being provisions stating the...
11Section 11 of that Act (powers of entry) shall be...
12Section 20 of that Act (protection for interests of tenants...
13Section 22 of that Act (protection of acquiring authority’s possession...
New rights: compensation
14The enactments in force in England and Wales with respect...
Part III Procedure, Compensation etc. (Scotland)
Application of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 generally
15(1) Subject to sub-paragraph (2) below, the Acquisition of Land...
New rights: general application of Act of 1947 and incorporated enactments
16The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and...
New rights: specific adaptations of Act of 1947
17Without prejudice to the generality of paragraph 16 above, Part...
18In paragraph 9 of that Schedule (compulsory purchase affecting land...
19In paragraph 10 of that Schedule (land of statutory undertakers)—...
20In paragraph 11 of that Schedule (common or open space),...
21 Compulsory Acquisition of Land by Licence Holders
22Paragraph 3(1) of the Second Schedule to the Acquisition of...
23For paragraph 4 of that Schedule (protection for owner against...
New rights: specific adaptations of Lands Clauses Consolidation (Scotland) Act 1845
24Without prejudice to the generality of paragraph 16 above, the...
25For section 61 of that Act (estimation of compensation) there...
26The following provisions of that Act (being provisions stating the...
27Sections 114 (compensation to be made to tenants for a...
28Sections 117 (protection of promoter of undertaking where by inadvertence...
New rights: compensation
29The enactments in force in Scotland with respect to compensation...
SCHEDULE 4 Other Powers etc. of Licence Holders
Street works etc. in England and Wales
1(1) Subject to the following provisions of this paragraph, for...
Road works etc. in Scotland
2(1) Subject to the following provisions of this paragraph, for...
Alteration of works
3(1) A licence holder may execute works in pursuance of...
4(1) Any of the following who is authorised by or...
Protection from interference
5(1) Subject to sub-paragraph (2) below, a licence holder who...
Acquisition of wayleaves
6(1) This paragraph applies where— (a) for any purpose connected...
Provisions supplementary to paragraph 6
7(1) Where a wayleave is granted to a licence holder...
Temporary continuation of wayleaves
8(1) This paragraph applies where at any time such a...
Felling and lopping of trees etc.
9(1) This paragraph applies where any tree is or will...
Entry on land for purposes of exploration
10(1) Subject to the following provisions of this paragraph and...
Provisions supplementary to paragraphs 9 and 10
11(1) Any person who intentionally obstructs a person acting in...
Interpretation
12In this Schedule— “moveables” means chattels in relation to England...
SCHEDULE 5 Water Rights for Hydro-Electric Generating Stations in Scotland
1In Scotland, a person who holds a licence under section...
2Authorisation under paragraph 1 above shall be by order and...
3Where the abstraction, diversion, and use will, in the opinion...
4In this Schedule “compensation water” means a flow of water,...
5Subject to paragraphs 5A and 5B, In deciding whether to...
5ABefore making an order under paragraph 2, and in considering...
5BIn the event that the provisions of an order made...
6Any question of disputed compensation under paragraph 1 above shall...
7An applicant for authorisation under paragraph 1 above shall submit...
8Not later than the date on which the said notice...
9The applicant shall also publish in the Edinburgh Gazette a...
10The applicant shall, at the request of any person interested,...
11The Secretary of State may make an order in the...
12If before the expiration of the 28 days referred to...
13The expenses incurred by the Secretary of State in connection...
14 Water Rights for Hydro-Electric Generating Stations in Scotland
15In paragraphs 1 to 8 above “watercourse” includes all rivers,...
SCHEDULE 5AProcedure for appeals under section 11C
Application for permission to bring appeal
1(1) An application for permission to bring an appeal may...
Suspension of decision
2(1) The CMA may direct that, pending the determination of...
Time limit for representations and observations by the Authority
3(1) Sub-paragraph (2) applies where the Authority wishes to make...
Consideration and determination of appeal by group
4(1) The following functions of the Commission must be carried...
Matters to be considered on appeal
5(1) The CMA , if it thinks it necessary to...
Production of documents etc.
6(1) For the purposes of this Schedule, the CMA may,...
Oral hearings
7(1) For the purposes of this Schedule an oral hearing...
Written statements
8(1) The CMA may, by notice, require a person to...
Expert advice
9Where permission to bring an appeal is granted under paragraph...
Defaults in relation to evidence
10(1) If a person (“the defaulter”)— (a) fails to comply...
Appeal rules
11(1) The CMA Board may make rules of procedure regulating...
Costs
12(1) A group that determines an appeal must make an...
Interpretation of Schedule
13(1) In this Schedule— “appeal” means an appeal under section...
SCHEDULE 5BReimbursement of persons who have met expenses
Power to make regulations
1(1) The Secretary of State may, by regulations, make provision...
The reimbursement powers
2(1) The “reimbursement powers” are— (a) the power to demand...
Other provision about regulations under this Schedule
3(1) The Secretary of State must consult the Authority before...
Interpretation
4(1) In this Schedule— “ first connection ” has the...
Schedule 6 The electricity code
Suppliers’ charges relating to meters for disabled persons
1(1) Where an electricity supplier, for the purpose of meeting...
Non-payment of suppliers’ charges
2(1) Where a customer has not, within the requisite period,...
Deemed contracts in certain cases
3(1) Where an electricity supplier supplies electricity to any premises...
Supplies of electricity illegally taken
4(1) Where any person takes a supply of electricity which...
Restoration of connection without consent
5(1) Where, otherwise than in the exercise of a power...
Damage to electrical plant etc.
6(1) A person who intentionally or by culpable negligence damages...
Entry during continuance of connection or supply
7(1) Any officer or other person authorised by an electricity...
Entry on discontinuance of supply or connection
8(1) Where an electricity supplier or an electricity distributor is...
Entry for replacing, repairing or altering lines or plant
9(1) Any officer or other person authorised by an electricity...
Provisions as to powers of entry
10(1) The Rights of Entry (Gas and Electricity Boards) Act...
Electrical plant etc. not to be subject to distress
11(1) This paragraph applies to any electric line, electrical plant...
SCHEDULE 6AProvisions imposing obligations enforceable as relevant requirements
All licence holders
1The following are relevant provisions in relation to all licence...
Generation licence holders
2Article 50(6) of the Electricity Regulation (duty to keep specified...
Transmission licence holders
3The following are relevant provisions in relation to all holders...
Persons required to be certified as to independence
4The following are relevant provisions in relation to a person...
Distribution licence holders
5The following are relevant provisions in relation to the holder...
Supply licence holders
6The following are relevant provisions in relation to the holder...
Distribution exemption holders
7The following paragraphs of Schedule 2ZA are relevant provisions in...
Supply exemption holders
8The following are relevant provisions in relation to a supply...
Electricity undertakings which are relevant producers or suppliers
9The following are relevant provisions in relation to an electricity...
Smart meter communication licence holders
9AThe following are relevant provisions in relation to the holder...
Nominated electricity market operators
9B. . . . . . . . . ....
Interpretation
10In this Schedule— “the Electricity Balancing Regulation” means Commission Regulation...
11. . . . . . . . . ....
SCHEDULE 7 Use etc. of Electricity Meters
Consumption to be ascertained by appropriate meter
1(1) Where a customer of an authorised supplier is to...
Restrictions on use of meters
2(1) No meter shall be used for ascertaining the quantity...
3(1) If an authorised supplier supplies electricity through a meter...
Meter examiners
4(1) The Director shall appoint competent and impartial persons as...
Certification of meters
5(1) Subject to sub-paragraph (2) below, a meter may be...
Apparatus for testing etc. of meters
6(1) It shall be the duty of a person to...
Testing etc. of meters
7(1) It shall be the duty of a meter examiner...
8(1) This paragraph applies where there is a genuine dispute...
Presumptions and evidence
9(1) This paragraph applies to meters used for ascertaining the...
Meters to be kept in proper order
10(1) A customer of an authorised supplier shall at all...
Interference with meters
11(1) If any person intentionally or by culpable negligence—
Special provision for pre-payment meters
12(1) A customer of an authorised supplier who takes his...
Interpretation
13In this Schedule— “agreed margins of error” has the meaning...
SCHEDULE 8 Consents of the Secretary of State and the Scottish Ministers under Sections 36 and 37
Applications for consent
1(1) An application for a consent under section 36 or...
Objections by relevant planning authority
2(1) Where an application is made to the Secretary of...
Objections by other persons
3(1) The Secretary of State may by regulations make provision...
Public inquiries
4(1) Where in accordance with paragraph 2(2) or 3(2) above...
Provisions supplementary to paragraphs 2 to 4
5(1) Where in accordance with paragraph 2(2) or 3(2) above...
Additional inspectors
5A(1) This paragraph applies in the case of—
5B Proceedings for questioning certain decisions under paragraph 3(2)
5CApplications under paragraph 5B: requirement for permission
Special provisions as to consents under section 37
6(1) Where an application for consent under section 37 of...
Deemed planning permission etc.
7 Consents under Sections 36 and 37
Generating stations not within areas of relevant planning authorities
7A(1) This paragraph applies to every case where an application...
Supplemental
8(1) In this Schedule “relevant planning authority” has the meaning...
SCHEDULE 9 PRESERVATION OF AMENITY AND FISHERIES.
Preservation of amenity: England and Wales
1(1) In formulating any relevant proposals, a licence holder or...
2(1) A licence holder shall within twelve months from the...
Preservation of amenity and fisheries: Scotland
3(1) In formulating any relevant proposals, a licence holder or...
4(1) A licence holder shall within twelve months from the...
Fisheries Committee: Scotland
5. . . . . . . . . ....
SCHEDULE 10 Transfers under Sections 66 and 67
Allocation of property, rights and liabilities: general
1(1) The provisions of this paragraph shall apply where the...
2(1) The provisions of this paragraph shall apply where the...
Allocation of rights and liabilities: contracts of employment
3(1) The provisions of this paragraph shall apply where—
Variation of transfers by agreement
4(1) The provisions of this paragraph shall apply where the...
Right to production of documents of title
5(1) The provisions of this paragraph shall apply where the...
Proof of title by certificate
6(1) Where two or more transfers are effected in pursuance...
Restrictions on dealing with certain land
7(1) Where two or more transfers are effected in pursuance...
Third parties affected by vesting provisions
8(1) A transaction of any description which, in pursuance of...
9(1) If in consequence of two or more transfers effected...
Interpretation
10Any reference in this Schedule to a transfer effected in...
SCHEDULE 11 TAXATION PROVISIONS
General
1(1) Subject to sub-paragraphs (2) and (3) below, the following...
Chargeable gains
2(1) This paragraph applies where— (a) by virtue of a...
2AIn this Schedule “ the 1992 Act ” means the...
Roll-over relief
3(1) Where— (a) a held over gain would, but for...
Unallowed capital losses
4(1) Any unallowed capital losses of an existing body shall...
Transaction in pursuance of section 68(2)(c)
5(1) Sub-paragraph (2) below applies to any disposal (within the...
Transfers in pursuance of Schedule 10
6Where any property, rights and liabilities to which a transfer...
Apportionments etc.
7(1) This paragraph applies where any apportionment or other matter...
Securities of successor companies
8(1) Any share issued by a successor company in pursuance...
Extinguishment of liabilities: restriction of tax losses
9(1) Section 400(1) of the 1988 Act (write-off of government...
Income tax exemption for certain interests
10The vesting in a successor company by this Act of...
Stamp Duty
11(1) No transfer effected by this Act shall give rise...
Stamp duty reserve tax
12(1) No agreement made for the purposes of or for...
Interpretation etc.
13(1) In this Schedule— “the 1988 Act” means the Income...
SCHEDULE 12 Nuclear Liabilities: Financial Assistance
Grants by Secretary of State
1(1) ... , the Secretary of State may, with the...
Loans by Secretary of State
2(1) ... , the Secretary of State may, with the...
Guarantees by Secretary of State
3(1) ..., the Secretary of State with the approval of...
3AThe Secretary of State shall not— (a) make any grant...
Financial limits
4 Nuclear Liabilities: Financial Assistance
Interpretation
5In this Schedule “qualifying expenditure” has the meaning given by...
SCHEDULE 13 Production and Supply of Heat or Electricity etc. by Scottish Local Authorities
SCHEDULE 14 The Electricity Supply Pension Scheme
Power to amend scheme
1(1) The Secretary of State may make regulations amending the...
Protection for certain persons
2(1) The Secretary of State may make regulations for the...
3(1) Subject to sub-paragraph (3) below, this sub-paragraph applies to—...
4(1) Chapter I of Part XIV of the Employment Rights...
Interpretation
5(1) In this Schedule— “Consultative Council” means a Consultative Council...
SCHEDULE 15 The Scottish Pension Schemes
Power to amend schemes
1(1) The Secretary of State may make regulations amending the...
Protection for certain persons
2(1) The Secretary of State may make regulations for the...
3(1) Subject to sub-paragraph (3) below, this sub-paragraph applies to—...
4(1) Chapter I of Part XIV of the Employment Rights...
Interpretation
5(1) In this Schedule— “Consultative Council” means a Consultative Council...
SCHEDULE 16 Minor and Consequential Amendments
Enactments relating to statutory undertakers etc.
1(1) The holder of a licence under section 6(1) of...
2(1) A licence holder who is entitled to exercise any...
3(1) In the following enactments, namely— (a) the Water Act...
The Civil Defence Act 1939 (c.31)
4 Minor and Consequential Amendments
The Water Act 1945 (c.42)
5In Schedule 3 to the Water Act 1945 (incorporated provisions:...
The Wireless Telegraphy Act 1949 (c.54)
6 Minor and Consequential Amendments
The Public Utilities Street Works Act 1950 (c.39)
7 Minor and Consequential Amendments
The Rights of Entry (Gas and Electricity Boards) Act 1954 (c.21)
8(1) The Rights of Entry (Gas and Electricity Boards) Act...
The Land Powers (Defence) Act 1958 (c.30)
9In section 14(2)(b) of the Land Powers (Defence) Act 1958...
The Water Resources Act 1963 (c.38)
10In section 19(4)(f) of, and in paragraph 4(h) of Schedule...
The Nuclear Installations Act 1965 (c.57)
11For subsection (4) of section 3 of the Nuclear Installations...
The Building Control Act 1966 (c.27)
12In section 5(1) of the Building Control Act 1966, after...
The Forestry Act 1967 (c.10)
13(1) Section 9 of the Forestry Act 1967 (licences for...
The Transport Act 1968 (c. 73)
14In section 109(2) of the Transport Act 1968, for paragraphs...
The Post Office Act 1969 (c.48)
15 Minor and Consequential Amendments
The Fair Trading Act 1973 (c.41)
16 Minor and Consequential Amendments
The Consumer Credit Act 1974 (c. 39)
17(1) The Consumer Credit Act 1974 shall be amended as...
The Control of Pollution Act 1974 (c. 40)
18(1) Section 21 of the Control of Pollution Act 1974...
The Restrictive Trade Practices Act 1976 (c. 34)
19In section 41(1)(a) of the Restrictive Trade Practices Act 1976...
The Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
20(1) Section 11 of the Local Government (Miscellaneous Provisions) Act...
The Land Drainage Act 1976 (c. 70)
21In section 112(2)(a) of the Land Drainage Act 1976 (protection...
The Energy Act 1976 (c. 76)
22In section 14 of the Energy Act 1976 (fuelling for...
The Land Registration (Scotland) Act 1979 (c. 33)
23In section 28(1) of the Land Registration (Scotland) Act 1979...
The Estate Agents Act 1979 (c. 38)
24 Minor and Consequential Amendments
The Competition Act 1980 (c. 21)
25 Minor and Consequential Amendments
The Water (Scotland) Act 1980 (c. 45)
26(1) The Water (Scotland) Act 1980 shall be amended as...
The Highways Act 1980 (c. 66)
27 Minor and Consequential Amendments
The Acquisition of Land Act 1981 (c. 67)
28In section 28 of the Acquisition of Land Act 1981...
The Telecommunications Act 1984 (c. 12)
29(1) The Telecommunications Act 1984 shall be amended as follows....
The Roads (Scotland) Act 1984 (c. 54)
30In section 61(4) of the Roads (Scotland) Act 1984 (permission...
The Building Act 1984 (c. 55)
31In section 80(3) of the Building Act 1984 (notice to...
The Bankruptcy (Scotland) Act 1985 (c. 66)
32In section 70(4)(b) of the Bankruptcy (Scotland) Act 1985 (supplies...
The Airports Act 1986 (c. 31)
33In section 74 of the Airports Act 1986 (restrictions on...
The Gas Act 1986 (c. 44)
34In section 42 of the Gas Act 1986 (general restrictions...
The Insolvency Act 1986 (c. 45)
35 Minor and Consequential Amendments
The Consumer Protection Act 1987 (c. 43)
36 Minor and Consequential Amendments
The Water Act 1989 (c. 15)
37In section 160 of the Water Act 1989 (protection of...
Interpretation
38In this Schedule expressions which are used in Part I...
SCHEDULE 17 Transitional Provisions and Savings
Part I Provisions and Savings for Part I of Act
1(1) In so far as any requisition made under section...
2Any tariff fixed under section 37(3) of the Electricity Act...
3Any regulations made under section 16 of the Energy Act...
4(1) Where any application made under section 2 of the...
5(1) Where any application made under section 10(b) of the...
6Any maximum charge fixed by an Electricity Board under section...
7Where any representation, reference or report made under, or in...
8(1) Any land which has been compulsorily acquired under section...
9Any consent given under subsection (1) of section 22 of...
10Any order made under subsection (3) of section 34 of...
11(1) Any meter of a pattern which is approved for...
12Any regulations made under section 34(2) of the Electricity Act...
13Where— (a) any sum was deposited with an Electricity Board...
14(1) Where immediately before the day appointed for the coming...
15The repeal by this Act of any provision by virtue...
16In this Part of this Schedule “the Electricity Acts” means—...
Part II Provisions and Savings for Part II of Act
17Any licence granted under section 6 of this Act to...
18Any tariff fixed, or having effect as if fixed, under...
19Any consent given under section 36 of this Act to...
20Any consent given under section 37 of this Act to...
21Any maximum price fixed, or having effect as if fixed,...
22A direction given under section 96 of this Act to...
23(1) Any land compulsorily acquired by an Electricity Board before...
24(1) Where immediately before the transfer date there is in...
25(1) Any agreement made, transaction effected or other thing done...
26It is hereby declared for the avoidance of doubt that—...
27The Transfer of Undertakings (Protection of Employment) Regulations 1981 shall...
28Any agreement made under section 53 of the Electricity Act...
29 Transitional Provisions and Savings
30 Transitional Provisions and Savings
31 Transitional Provisions and Savings
32Notwithstanding the repeal by this Act of sections 10 and...
33Where by virtue of anything done before the transfer date,...
34Without prejudice to the powers conferred by section 112(2) of...
35(1) Nothing in this Act shall affect the validity of...
36(1) Where immediately before the transfer date an Electricity Board...
37(1) An application or claim by an Electricity Board for...
38(1) Where an asset, or the right to receive an...
39(1) Where a distribution is proposed to be declared during...
40In this Part of this Schedule expressions which are used...
SCHEDULE 18 Repeals

Electricity Act 1989

1989 c. 29

An Act to provide for the appointment and functions of a Director General of Electricity Supply and of consumers’ committees for the electricity supply industry; to make new provision with respect to the supply of electricity through electric lines and the generation and transmission of electricity for such supply; to abolish the Electricity Consumers’ Council and the Consultative Councils established under the Electricity Act 1947; to provide for the vesting of the property, rights and liabilities of the Electricity Boards and the Electricity Council in companies nominated by the Secretary of State and the subsequent dissolution of those Boards and that Council; to provide for the giving of financial assistance in connection with the storage and reprocessing of nuclear fuel, the treatment, storage and disposal of radioactive waste and the decommissioning of nuclear installations; to amend the Rights of Entry (Gas and Electricity Boards) Act 1954 and the Local Government (Scotland) Act 1973; and for connected purposes.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C4C3C1C2

Annotations:
Modifications etc. (not altering text)
C4

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

C3

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

C1

Act: power to modify conferred (E.W.S.) (8.5.2003) by Electricity (Miscellaneous Provisions) Act 2003 (c. 9), s. 2(3)