Electricity Act 1989

1. Introductory Text

2. Part I ELECTRICITY SUPPLY

   1. Introductory

      1. 1. The Director General of Electricity Supply.

      2. 2. Consumers’ committees.

      3. 3. General duties of Secretary of State and Director.

      4. 3A. The principal objective and general duties of the Secretary of State and the Authority.

      5. 3B. Guidance on social and environmental matters.

      6. 3C. Health and safety.

      7. 3D. Exceptions from sections 3A to 3C.

      8. 3E. Binding decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission

      9. 3F. Authority to consult and cooperate with other authorities

   2. Licensing of supply etc.

      1. 4. Prohibition on unlicensed supply etc.

      2. 5. Exemptions from prohibition.

      3. 5A. Duties of distribution exemption holders

      4. 5B. Duties of supply exemption holders

      5. 6. Licences authorising supply, etc.

      6. 6A. Procedure for licence applications.

      7. 6B. Applications for transmission licences.

      8. 6C. Competitive tenders for offshore transmission licences

      9. 6D. Section 6C: supplemental provision

      10. 6E. Property schemes in respect of offshore transmission licences

      11. 6F. Offshore transmission during commissioning period

      12. 6G. Section 6F: meaning of “commissioning period”

      13. 6H. Sections 6F and 6G: modification of codes or agreements

      14. 7. Conditions of licences: general.

      15. 7A. Transfer of licences.

      16. 7B. Uniform prices etc. in certain areas of Scotland.

      17. 8. Conditions for funding certain companies engaged in nuclear generation in Scotland.

      18. 8A. Standard conditions of licences.

      19. 9. General duties of licence holders.

      20. 10. Powers etc. of licence holders.

   3. Electricity transmission and the operation of electricity interconnectors: independence

      1. 10A. Electricity transmission and the operation of electricity interconnectors: requirement for certain participants to be certified as independent

      2. 10B. Application for certification

      3. 10C. Report where applicant connected with a country outside the European Economic Area

      4. 10D. Certification

      5. 10E. Grounds for certification

      6. 10F. The ownership unbundling requirement

      7. 10G. The ownership unbundling requirement: supplementary

      8. 10H. Designation for the purposes of EU electricity legislation

      9. 10I. Monitoring and review of certification

      10. 10J. Review of certification: requirement to provide information etc

      11. 10K. Report as to any connection of certified person with a country outside the European Economic Area

      12. 10L. Continuation or withdrawal of certification

      13. 10M. Prohibition on the exercise of certain shareholder rights and rights of appointment

      14. 10N. Validity of acts infringing section 10M

      15. 10O. Interpretation

   4. Modification of licences

      1. 11. Modification by agreement.

      2. 11A. Modification of conditions of licences

      3. 11B. Modification of conditions under section 11A: supplementary

   5. Appeal from decisions of the Authority

      1. 11C. Appeal to the CMA

      2. 11D. Procedure on appeal to CMA

      3. 11E. Determination by CMA of appeal

      4. 11F. CMA's powers on allowing appeal

      5. 11G. Time limits for CMA to determine an appeal

      6. 11H. Determination of appeal by CMA : supplementary

      7. 12. Modification references to Monopolies Commission.

      8. 12A. References under section 12: time limits

      9. 12B. References under section 12: powers of investigation

      10. 13. Reports on modification references.

      11. 14. Modification following report.

      12. 14A. Competition Commission’s power to veto modifications following report.

      13. 15. Modification by order under other enactments.

      14. 15A. Licence modifications relating to new electricity trading arrangements.

   6. Duties of electricity distributors

      1. 16. Duty to connect on request.

      2. 16A. Procedure for requiring a connection.

      3. 17. Exceptions from duty to connect.

      4. 18. Power to recover charges.

      5. 19. Power to recover expenditure.

      6. 20. Power to require security.

      7. 21. Additional terms of connection.

      8. 22. Special agreements with respect to connection.

      9. 23. Determination of disputes.

      10. 24. The public electricity supply code.

   7. Enforcement of obligations of regulated persons

      1. 25. Orders for securing compliance.

      2. 26. Procedural requirements.

      3. 27. Validity and effect of orders.

      4. 27A. Penalties.

      5. 27B. Statement of policy with respect to penalties.

      6. 27C. Time limits on the imposition of financial penalties.

      7. 27D. Interest and payment of instalments.

      8. 27E. Appeals against penalties.

      9. 27F. Recovery of penalties.

      10. 27G. Consumer redress orders

      11. 27H. Remedial action under a consumer redress order

      12. 27I. Other procedural requirements in relation to consumer redress orders

      13. 27J. Statement of policy with respect to consumer redress orders

      14. 27K. Time limits for making consumer redress orders

      15. 27L. Enforcement of consumer redress orders

      16. 27M. Appeals against consumer redress orders

      17. 27N. Consumer redress orders: miscellaneous

      18. 27O. Maximum amount of penalty or compensation

      19. 28. Power to require information etc.

   8. Provisions with respect to supply generally

      1. 29. Regulations relating to supply and safety.

      2. 30. Electrical inspectors.

      3. 31. Use etc. of meters.

   9. Protection of public interest

      1. 32. The renewables obligation

      2. 32A. Further provision about the renewables obligation

      3. 32B. Renewables obligation certificates

      4. 32C. Section 32B: supplemental provision

      5. 32D. Amounts of electricity specified in certificates

      6. 32E. Section 32D: transitional provision and savings

      7. 32F. Use of renewables obligation certificates issued in Northern Ireland

      8. 32G. Payment as alternative to complying with renewables obligation order

      9. 32H. Allocation of amounts to electricity suppliers

      10. 32I. Costs of the Authority and the Northern Ireland authority

      11. 32J. Information

      12. 32K. Renewables obligation order: general provision

      13. 32L. Renewables obligation orders: procedure

      14. 32LA. Renewables obligation closure order

      15. 32LB. Renewables obligation closure orders: procedure

      16. 32LC. Onshore wind generating stations: closure of renewables obligation

      17. 32LD. Onshore wind generating stations accredited, or additional capacity added, on or before the onshore wind closure date

      18. 32LE. Onshore wind generating stations accredited, or additional capacity added, in the year after the onshore wind closure date: grid or radar delay condition met

      19. 32LF. Onshore wind generating stations accredited, or additional capacity added, on or before 31 March 2017: approved development condition met

      20. 32LG. Onshore wind generating stations accredited, or additional capacity added, between 1 April 2017 and 31 March 2018: grid or radar delay condition met

      21. 32LH. Onshore wind generating stations accredited, or additional capacity added, between 1 April 2017 and 31 January 2018: investment freezing condition met

      22. 32LI. Onshore wind generating stations accredited, or additional capacity added, between 1 February 2018 and 31 January 2019: grid or radar delay condition met

      23. 32LJ. The approved development condition

      24. 32LK. The investment freezing condition

      25. 32LL. The grid or radar delay condition

      26. 32LM. Use of Northern Ireland certificates: onshore wind power

      27. 32M. Interpretation of sections 32 to 32M

      28. 32N. The certificate purchase obligation

      29. 32O. Further provision about the certificate purchase obligation

      30. 32P. Certificate purchase levy

      31. 32Q. Use of levy payments

      32. 32R. Designation of a CFD counterparty as purchasing body or administrator

      33. 32S. GB certificates

      34. 32T. NI certificates

      35. 32U. Sections 32S and 32T: supplemental provision

      36. 32V. Certificate purchase orders: amounts of electricity stated in certificates

      37. 32W. Section 32V: transitional provision and savings

      38. 32X. Certificate purchase orders: information

      39. 32Y. Certificate purchase orders: corresponding provision

      40. 32Z. Certificate purchase orders: general provision

      41. 32Z1. Certificate purchase orders: procedure

      42. 32Z2. Interpretation of sections 32N to 32Z2

      43. 33. Fossil fuel levy.

      44. 34. Fuel stocks etc. at generating stations.

      45. 35. Provisions supplementary to section 34.

      46. 36. Consent required for construction etc. of generating stations.

      47. 36A. Declarations extinguishing etc. public rights of navigation

      48. 36B. Duties in relation to navigation

      49. 36C. Variation of consents under section 36

      50. 36D. Proceedings for questioning certain decisions under section 36

      51. 36E. Applications under section 36D: requirement for permission

      52. 37. Consent required for overhead lines.

      53. 38. Preservation of amenity and fisheries.

   10. Consumer protection: standards of performance

       1. 39. Electricity supply: performance in individual cases.

       2. 39A. Standards of performance in individual cases: electricity distributors.

       3. 39B. Standards of performance in individual cases: disputes.

       4. 40. Electricity supply: overall performance.

       5. 40A. Overall standards of performance: electricity distributors.

       6. 40B. Procedures for prescribing or determining standards of performance.

       7. 41A. Promotion of reductions in carbon emissions: ... electricity distributors and electricity suppliers

       8. 41AA. Scottish Ministers' promotion of reductions in carbon emissions: electricity suppliers

       9. 41B. Promotion of reductions in home-heating costs: electricity distributors and electricity suppliers

       10. 41BA. Scottish Ministers' promotion of reductions in home-heating costs: electricity suppliers

       11. 42. Information with respect to levels of performance.

       12. 42A. Information to be given to customers about overall performance.

       13. 42AA. Publication of statistical information about standards of performance.

       14. 42AB. Information relating to complaints handling standards

       15. 42B. Procedures for dealing with complaints.

       16. 42C. Remuneration and service standards.

   11. Consumer protection: miscellaneous

       1. 43. Functions with respect to competition.

       2. 43A. Adjustment of charges to help disadvantaged groups of customers.

       3. 43B. Orders: supplementary.

       4. 44. Maximum prices for reselling electricity.

   12. Article 37 Disputes

       1. 44B. Meaning of “Article 37dispute”

       2. 44C. Determination of disputes

       3. 44D. Time limit for determinations

   13. Investigation of complaints

       1. 45. Investigation of enforcement matters.

       2. 46. Consumer complaints.

       3. 46A. Power of Council to investigate other matters.

   14. Other functions of Director

       1. 47ZA. Annual report by Authority on security of electricity supply

       2. 47. General functions.

       3. 47A. Power to require information etc for the purpose of monitoring

       4. 48. Publication of information and advice.

       5. 49. Keeping of register.

       6. 49A. Reasons for decisions.

       7. 50. Other functions of Director

   15. Provisions with respect to committees

       1. 51. General duty of consumers’ committees to advise Director etc.

       2. 52. Periodical and other reports of consumers’ committees.

       3. 53. The National Consumers’ Consultative Committee.

   16. Provisions with respect to Consumers’ etc. Councils

       1. 54. Abolition of Consumers’ etc. Councils.

       2. 55. Compensation for chairmen and officers of abolished Councils.

       3. 56. Continuity of employment of officers of abolished Councils.

   17. Alteration of activities requiring licence

       1. 56A. Power to alter activities requiring licence.

       2. 56B. Application by Authority for order including new activities.

       3. 56C. References to CMA .

       4. 56CA. References under section 56C: time limits

       5. 56CB. References under section 56C: application of Enterprise Act 2002

       6. 56D. Reports on references.

       7. 56E. Application by Authority for order excluding activities.

       8. 56F. Consultation by Secretary of State about order excluding activities.

       9. 56FA. New licensable activities: smart meters

       10. 56FB. Section 56FA: supplemental

       11. 56FC. Competitive tenders for licences for new licensable activities

   18. Miscellaneous

       1. 56G. Service by Authority of certain notices on Citizens Advice and Citizens Advice Scotland .

       2. 57. General restrictions on disclosure of information.

       3. 58. Directions restricting the use of certain information.

       4. 59. Making of false statements etc.

   19. Supplemental

       1. 60. Powers to make regulations.

       2. 61. Concurrent proceedings.

       3. 62. Public inquiries.

       4. 63. Application to Crown land.

       5. 64. Interpretation etc. of Part I.

3. PART II REORGANISATION OF THE INDUSTRY

   1. Transfers to successor companies

      1. 65. Transfer of property etc. of Area Boards.

      2. 66. Transfer of property etc. of Generating Board and Electricity Council.

      3. 67. Transfer of property etc. of Scottish Boards.

      4. 68. Transfer schemes under sections 66 and 67.

      5. 69. Functions of Secretary of State in relation to transfer schemes.

      6. 70. Supplementary provisions as to transfers under sections 66 and 67.

   2. Ownership of successor companies

      1. 71. Initial Government holding in the companies.

      2. 72. Government investment in securities of the companies.

      3. 73. Exercise of functions through nominees.

      4. 74. Target investment limit for Government shareholding.

   3. Finances of successor companies

      1. 75. Statutory reserves.

      2. 76. Statutory accounts.

      3. 77. Temporary restrictions on borrowings etc.

      4. 78. Government lending to the companies.

      5. 79. Treasury guarentees for loans made to the companies.

      6. 80. Conversion of certain loans etc. to the Scottish companies.

      7. 81. Financial limits on borrowing etc.

   4. Provisions with respect to floatation

      1. 82. Responsibility for composite listing particulars.

      2. 83. Application of Trustee Investments Act 1961 in relation to investment in operating companies.

   5. Provisions with respect to existing bodies

      1. 84. Dissolution etc. of existing bodies.

      2. 85. Compensation to members and employees of existing bodies.

      3. 86. Discharge of certain advances and loans made to existing bodies.

      4. 87. Expenditure and receipts of Electricity Council.

      5. 88. Grants towards expenditure during transitional period.

   6. Miscellaneous

      1. 89. Payments for the use of tax losses.

      2. 90. Taxation provisions.

      3. 91. Electricity Stock.

      4. 92. Abolition of central guarantee fund.

   7. Supplemental

      1. 93. Parliamentary disqualification.

      2. 94. Construction of references to property, rights and liabilities.

      3. 95. Other interpretation of Part II.

4. Part III MISCELLANEOUS AND SUPPLEMENTAL

   1. Miscellaneous

      1. 96. Directions for preserving security of electricity supplies etc.

      2. 97. Financial assistance for discharge of nuclear liabilities.

      3. 98. Provision of statistical information.

      4. 99. Promotion of new techniques in national interest.

   2. Amendment of enactments

      1. 100. Competition and restrictive trade practices.

      2. 101. Rights of entry.

      3. 102. Production and supply of heat or electricity etc. by Scottish local authorities.

      4. 103. Stamp duty exemption for certain contracts.

   3. Amendment etc. of pension schemes

      1. 104. Amendment etc. of Electricity Supply Pension Scheme.

      2. 105. Amendment etc. of Scottish Pension Schemes.

   4. Supplemental

      1. 106. Regulations and orders.

      2. 107. Directions.

      3. 108. Offences by bodies corporate.

      4. 108A. Extraterritorial operation of Act

      5. 109. Service of documents.

      6. 110. Financial provisions.

      7. 111. General interpretation.

      8. 112. Amendments, transitional provisions, savings and repeals.

      9. 113. Short title, commencement and extent.

5. Electricity Act 1989

   1. SCHEDULE 1

      1. Remuneration, pensions etc.

         1. 1.

      2. Staff

         1. 2.

      3. Expenses of the Director and his staff

         1. 3.

      4. Official seal

         1. 4.

      5. Performance of functions

         1. 5.

      6. Documentary evidence

         1. 6.

      7. The Parliamentary Commissioner

         1. 7.

      8. Parliamentary disqualification etc.

         1. 8.

   2. SCHEDULE 2

      1. Preliminary

         1. 1.

      2. Remuneration, pensions etc. of chairman

         1. 2.

      3. Allowances for other members

         1. 3.

      4. Administration etc.

         1. 4.

      5. Proceedings

         1. 5.

         2. 6.

      6. Sub-committees

         1. 7.

      7. Financial provisions

         1. 8.

      8. Amendment of other Acts

         1. 9.

         2. 10.

   3. SCHEDULE 2ZA

      Duties of distribution exemption holders

      1. Third party access

         1. 1. (1) This paragraph applies where— (a) a customer owns or...

         2. 2. (1) This paragraph and paragraph 3 apply where a customer...

         3. 3. (1) The third party supplier mentioned in paragraph 2(1) may...

         4. 4. (1) This paragraph applies where a distribution exemption holder is...

      2. Charges for use of system

         1. 5. (1) Subject to paragraph 13(1), a distribution exemption holder on...

         2. 6. (1) Sub-paragraph (2) applies where a distribution exemption holder is...

      3. Connection

         1. 7. (1) This paragraph applies where a distribution exemption holder is...

         2. 8. (1) Where a distribution exemption holder makes a connection under...

         3. 9. (1) This paragraph applies where a distribution exemption holder has...

         4. 10. (1) The distribution exemption holder may enter into an agreement...

         5. 11. (1) Section 23 (determination of disputes) applies in relation to...

      4. Closed distribution systems

         1. 12. (1) A distribution exemption holder may apply to the Authority...

         2. 13. (1) Paragraph 5(1) to (8) does not apply in relation...

         3. 14. (1) Sub-paragraphs (2) and (3) apply if a customer has...

      5. Change of circumstance in respect of a closed distribution system

         1. 15. (1) If, after a system has been classified as a...

      6. Interpretation

         1. 16. (1) In this Schedule— “charging statement” (in relation to a...

   4. SCHEDULE 2ZB

      Duties of supply exemption holders

      1. Change of supplier

         1. 1. (1) This paragraph applies if a supply exemption holder enters...

         2. 2. (1) This paragraph applies if— (a) a person (“the new...

         3. 3. (1) A supply exemption holder must not require a household...

      2. Customer contracts

         1. 4. (1) Where a supply exemption holder enters into a contract...

      3. Customer information

         1. 5. (1) No later than 12 months after entering into a...

         2. 6. (1) A supply exemption holder must, so far as is...

         3. 7. (1) A supply exemption holder must— (a) with each bill...

      4. Determination of disputes

         1. 8. (1) Sections 44C and 44D apply in relation to an...

      5. Interpretation

         1. 9. In this Schedule— “customer” means a person who purchases electricity...

   5. SCHEDULE 2A

      Property Schemes

      1. Scheme-making power

         1. 1. (1) This paragraph applies where— (a) a tender exercise is...

      2. Further provision about the content of a scheme

         1. 2. (1) A property scheme may also contain—

      3. Applications for schemes

         1. 3. (1) An application for a property scheme may be made...

      4. Timing of applications

         1. 4. An application for a property scheme, in relation to a...

         2. 5. (1) No application may be made for a property scheme...

      5. Notifying the non-applicant party

         1. 6. (1) On receipt of an application for a property scheme,...

      6. Notifying third parties

         1. 7. (1) As soon as reasonably practicable after receiving the information...

      7. Publishing the application

         1. 8. As soon as reasonably practicable after an application is made...

      8. Supplementing the application

         1. 9. (1) The non-applicant party may, by notice served on the...

         2. 10. As soon as reasonably practicable after the Authority receives a...

      9. Restricting or withdrawing the application

         1. 11. (1) Where an application for a property scheme has been...

      10. The Authority's functions in relation to applications

          1. 12. (1) On an application for the making of a property...

          2. 13. (1) On an application for a property scheme, no scheme...

      11. Terms of a property scheme

          1. 14. (1) Where the Authority is required to make a property...

          2. 15. (1) A determination under paragraph 14, so far as relating...

      12. Additional powers of the Authority

          1. 16. (1) The Authority may, by notice, require any of the...

          2. 17. The Authority may engage consultants for the purpose of advising...

      13. Notification of property scheme

          1. 18. (1) This paragraph applies where the Authority makes a property...

      14. Refusal of application or part of application

          1. 19. (1) This paragraph applies where the Authority—

      15. Effect of property scheme

          1. 20. A property scheme, by virtue of this paragraph, has effect...

          2. 21. (1) A transaction of any description effected by or under...

          3. 22. Where— (a) an amount of compensation is owed to a...

      16. Review of determinations

          1. 23. (1) Any person affected by a determination of the Authority...

          2. 24. (1) This paragraph applies where— (a) the Competition Appeal Tribunal...

          3. 25. (1) This paragraph applies where— (a) the Competition Appeal Tribunal...

          4. 26. (1) This paragraph applies where— (a) the Competition Appeal Tribunal...

          5. 27. (1) An order under paragraph 23(4)(b) may include provision for...

      17. Interim arrangements pending review of determination

          1. 28. (1) This paragraph applies where— (a) a person makes an...

          2. 29. (1) This paragraph applies where— (a) a person makes an...

          3. 30. In exercising its powers under paragraph 28 or 29, the...

          4. 31. Paragraphs 28 or 29 are without prejudice to any powers...

          5. 32. (1) If an order under paragraph 28 or 29 is...

      18. Appeal on a point of law

          1. 33. (1) An appeal lies on any point of law arising...

      19. Change of asset owner during application process

          1. 34. (1) Where any property, rights or liabilities specified in an...

      20. The preferred bidder

          1. 35. (1) The preferred bidder, in relation to a tender exercise,...

      21. The successful bidder

          1. 36. (1) The successful bidder, in relation to a tender exercise,...

      22. Associated bodies corporate

          1. 37. (1) For the purposes of this Schedule, one body corporate...

      23. Interpretation

          1. 38. (1) In this Schedule— “the asset owner”— in relation to...

   6. SCHEDULE 3

      Compulsory Acquisition of Land etc. by Licence Holders

      1. Part I Powers of Acquisition

         1. 1. (1) Subject to paragraph 2 below, the Secretary of State...

         2. 2. (1) No order shall be made under paragraph 1 above...

         3. 3. (1) This paragraph applies to land which—

         4. 4. Where a licence holder has acquired any land by virtue...

      2. Part II Procedure, Compensation etc. (England and Wales)

         1. Application of Acquisition of Land Act 1981 generally

            1. 5. (1) Subject to sub-paragraph (2) below, the Acquisition of Land...

         2. New rights: general adaptation of Compulsory Purchase Act 1965

            1. 6. The Compulsory Purchase Act 1965 shall have effect with the...

         3. New rights: specific adaptations of Act of 1965

            1. 7. Without prejudice to the generality of paragraph 6 above, Part...

            2. 8. For section 7 of that Act (measure of compensation) there...

            3. 9. Section 8(1) of the Compulsory Purchase Act 1965 has effect...

            4. 10. The following provisions of that Act (being provisions stating the...

            5. 11. Section 11 of that Act (powers of entry) shall be...

            6. 12. Section 20 of that Act (protection for interests of tenants...

            7. 13. Section 22 of that Act (protection of acquiring authority’s possession...

         4. New rights: compensation

            1. 14. The enactments in force in England and Wales with respect...

      3. Part III Procedure, Compensation etc. (Scotland)

         1. Application of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 generally

            1. 15. (1) Subject to sub-paragraph (2) below, the Acquisition of Land...

         2. New rights: general application of Act of 1947 and incorporated enactments

            1. 16. The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and...

         3. New rights: specific adaptations of Act of 1947

            1. 17. Without prejudice to the generality of paragraph 16 above, Part...

            2. 18. In paragraph 9 of that Schedule (compulsory purchase affecting land...

            3. 19. In paragraph 10 of that Schedule (land of statutory undertakers)—...

            4. 20. In paragraph 11 of that Schedule (common or open space),...

            5. 21. Compulsory Acquisition of Land by Licence Holders

            6. 22. Paragraph 3(1) of the Second Schedule to the Acquisition of...

            7. 23. For paragraph 4 of that Schedule (protection for owner against...

         4. New rights: specific adaptations of Lands Clauses Consolidation (Scotland) Act 1845

            1. 24. Without prejudice to the generality of paragraph 16 above, the...

            2. 25. For section 61 of that Act (estimation of compensation) there...

            3. 26. The following provisions of that Act (being provisions stating the...

            4. 27. Sections 114 (compensation to be made to tenants for a...

            5. 28. Sections 117 (protection of promoter of undertaking where by inadvertence...

         5. New rights: compensation

            1. 29. The enactments in force in Scotland with respect to compensation...

   7. SCHEDULE 4

      Other Powers etc. of Licence Holders

      1. Street works etc. in England and Wales

         1. 1. (1) Subject to the following provisions of this paragraph, for...

      2. Road works etc. in Scotland

         1. 2. (1) Subject to the following provisions of this paragraph, for...

      3. Alteration of works

         1. 3. (1) A licence holder may execute works in pursuance of...

         2. 4. (1) Any of the following who is authorised by or...

      4. Protection from interference

         1. 5. (1) Subject to sub-paragraph (2) below, a licence holder who...

      5. Acquisition of wayleaves

         1. 6. (1) This paragraph applies where— (a) for any purpose connected...

      6. Provisions supplementary to paragraph 6

         1. 7. (1) Where a wayleave is granted to a licence holder...

      7. Temporary continuation of wayleaves

         1. 8. (1) This paragraph applies where at any time such a...

      8. Felling and lopping of trees etc.

         1. 9. (1) This paragraph applies where any tree is or will...

      9. Entry on land for purposes of exploration

         1. 10. (1) Subject to the following provisions of this paragraph and...

      10. Provisions supplementary to paragraphs 9 and 10

          1. 11. (1) Any person who intentionally obstructs a person acting in...

      11. Interpretation

          1. 12. In this Schedule— “moveables” means chattels in relation to England...

   8. SCHEDULE 5

      Water Rights for Hydro-Electric Generating Stations in Scotland

      1. 1. In Scotland, a person who holds a licence under section...

      2. 2. Authorisation under paragraph 1 above shall be by order and...

      3. 3. Where the abstraction, diversion, and use will, in the opinion...

      4. 4. In this Schedule “compensation water” means a flow of water,...

      5. 5. Subject to paragraphs 5A and 5B, In deciding whether to...

      6. 5A. Before making an order under paragraph 2, and in considering...

      7. 5B. In the event that the provisions of an order made...

      8. 6. Any question of disputed compensation under paragraph 1 above shall...

      9. 7. An applicant for authorisation under paragraph 1 above shall submit...

      10. 8. Not later than the date on which the said notice...

      11. 9. The applicant shall also publish in the Edinburgh Gazette a...

      12. 10. The applicant shall, at the request of any person interested,...

      13. 11. The Secretary of State may make an order in the...

      14. 12. If before the expiration of the 28 days referred to...

      15. 13. The expenses incurred by the Secretary of State in connection...

      16. 14. Water Rights for Hydro-Electric Generating Stations in Scotland

      17. 15. In paragraphs 1 to 8 above “watercourse” includes all rivers,...

   9. SCHEDULE 5A

      Procedure for appeals under section 11C

      1. Application for permission to bring appeal

         1. 1. (1) An application for permission to bring an appeal may...

      2. Suspension of decision

         1. 2. (1) The CMA may direct that, pending the determination of...

      3. Time limit for representations and observations by the Authority

         1. 3. (1) Sub-paragraph (2) applies where the Authority wishes to make...

      4. Consideration and determination of appeal by group

         1. 4. (1) The following functions of the Commission must be carried...

      5. Matters to be considered on appeal

         1. 5. (1) The CMA , if it thinks it necessary to...

      6. Production of documents etc.

         1. 6. (1) For the purposes of this Schedule, the CMA may,...

      7. Oral hearings

         1. 7. (1) For the purposes of this Schedule an oral hearing...

      8. Written statements

         1. 8. (1) The CMA may, by notice, require a person to...

      9. Expert advice

         1. 9. Where permission to bring an appeal is granted under paragraph...

      10. Defaults in relation to evidence

          1. 10. (1) If a person (“the defaulter”)— (a) fails to comply...

      11. Appeal rules

          1. 11. (1) The CMA Board may make rules of procedure regulating...

      12. Costs

          1. 12. (1) A group that determines an appeal must make an...

      13. Interpretation of Schedule

          1. 13. (1) In this Schedule— “appeal” means an appeal under section...

   10. SCHEDULE 5B

       Reimbursement of persons who have met expenses

       1. Power to make regulations

          1. 1. (1) The Secretary of State may, by regulations, make provision...

       2. The reimbursement powers

          1. 2. (1) The “reimbursement powers” are— (a) the power to demand...

       3. Other provision about regulations under this Schedule

          1. 3. (1) The Secretary of State must consult the Authority before...

       4. Interpretation

          1. 4. (1) In this Schedule— “ first connection ” has the...

   11. Schedule 6

       The electricity code

       1. Suppliers’ charges relating to meters for disabled persons

          1. 1. (1) Where an electricity supplier, for the purpose of meeting...

       2. Non-payment of suppliers’ charges

          1. 2. (1) Where a customer has not, within the requisite period,...

       3. Deemed contracts in certain cases

          1. 3. (1) Where an electricity supplier supplies electricity to any premises...

       4. Supplies of electricity illegally taken

          1. 4. (1) Where any person takes a supply of electricity which...

       5. Restoration of connection without consent

          1. 5. (1) Where, otherwise than in the exercise of a power...

       6. Damage to electrical plant etc.

          1. 6. (1) A person who intentionally or by culpable negligence damages...

       7. Entry during continuance of connection or supply

          1. 7. (1) Any officer or other person authorised by an electricity...

       8. Entry on discontinuance of supply or connection

          1. 8. (1) Where an electricity supplier or an electricity distributor is...

       9. Entry for replacing, repairing or altering lines or plant

          1. 9. (1) Any officer or other person authorised by an electricity...

       10. Provisions as to powers of entry

           1. 10. (1) The Rights of Entry (Gas and Electricity Boards) Act...

       11. Electrical plant etc. not to be subject to distress

           1. 11. (1) This paragraph applies to any electric line, electrical plant...

   12. SCHEDULE 6A

       Provisions imposing obligations enforceable as relevant requirements

       1. All licence holders

          1. 1. The following are relevant provisions in relation to all licence...

       2. Generation licence holders

          1. 2. Article 15(6) of the Electricity Regulation (duty to keep specified...

       3. Transmission licence holders

          1. 3. The following are relevant provisions in relation to all holders...

       4. Persons required to be certified as to independence

          1. 4. The following are relevant provisions in relation to a person...

       5. Distribution licence holders

          1. 5. The following are relevant provisions in relation to the holder...

       6. Supply licence holders

          1. 6. The following are relevant provisions in relation to the holder...

       7. Distribution exemption holders

          1. 7. The following paragraphs of Schedule 2ZA are relevant provisions in...

       8. Supply exemption holders

          1. 8. The following are relevant provisions in relation to a supply...

       9. Electricity undertakings which are relevant producers or suppliers

          1. 9. The following are relevant provisions in relation to an electricity...

       10. Smart meter communication licence holders

           1. 9A. The following are relevant provisions in relation to the holder...

       11. Nominated electricity market operators

           1. 9B. The following provisions in the CACM Regulation are relevant provisions...

       12. Interpretation

           1. 10. In this Schedule “ ITC Regulation” means Commission Regulation 2010/838/...

           2. 11. . . . . . . . . . ....

   13. SCHEDULE 7

       Use etc. of Electricity Meters

       1. Consumption to be ascertained by appropriate meter

          1. 1. (1) Where a customer of an authorised supplier is to...

       2. Restrictions on use of meters

          1. 2. (1) No meter shall be used for ascertaining the quantity...

          2. 3. (1) If an authorised supplier supplies electricity through a meter...

       3. Meter examiners

          1. 4. (1) The Director shall appoint competent and impartial persons as...

       4. Certification of meters

          1. 5. (1) Subject to sub-paragraph (2) below, a meter may be...

       5. Apparatus for testing etc. of meters

          1. 6. (1) It shall be the duty of a person to...

       6. Testing etc. of meters

          1. 7. (1) It shall be the duty of a meter examiner...

          2. 8. (1) This paragraph applies where there is a genuine dispute...

       7. Presumptions and evidence

          1. 9. (1) This paragraph applies to meters used for ascertaining the...

       8. Meters to be kept in proper order

          1. 10. (1) A customer of an authorised supplier shall at all...

       9. Interference with meters

          1. 11. (1) If any person intentionally or by culpable negligence—

       10. Special provision for pre-payment meters

           1. 12. (1) A customer of an authorised supplier who takes his...

       11. Interpretation

           1. 13. In this Schedule— “agreed margins of error” has the meaning...

   14. SCHEDULE 8

       Consents under Sections 36 and 37

       1. Applications for consent

          1. 1. (1) An application for a consent under section 36 or...

       2. Objections by relevant planning authority

          1. 2. (1) Where an application is made to the Secretary of...

       3. Objections by other persons

          1. 3. (1) The Secretary of State may by regulations make provision...

       4. Public inquiries

          1. 4. (1) Where in accordance with paragraph 2(2) or 3(2) above...

       5. Provisions supplementary to paragraphs 2 to 4

          1. 5. (1) Where in accordance with paragraph 2(2) or 3(2) above...

       6. Additional inspectors

          1. 5A. (1) This paragraph applies in the case of—

          2. 5B. Proceedings for questioning certain decisions under paragraph 3(2)

          3. 5C. Applications under paragraph 5B: requirement for permission

       7. Special provisions as to consents under section 37

          1. 6. (1) Where an application for consent under section 37 of...

       8. Deemed planning permission etc.

          1. 7. Consents under Sections 36 and 37

       9. Generating stations not within areas of relevant planning authorities

          1. 7A. (1) This paragraph applies to every case where an application...

       10. Supplemental

           1. 8. (1) In this Schedule “relevant planning authority” has the meaning...

   15. SCHEDULE 9

       PRESERVATION OF AMENITY AND FISHERIES.

       1. Preservation of amenity: England and Wales

          1. 1. (1) In formulating any relevant proposals, a licence holder or...

          2. 2. (1) A licence holder shall within twelve months from the...

       2. Preservation of amenity and fisheries: Scotland

          1. 3. (1) In formulating any relevant proposals, a licence holder or...

          2. 4. (1) A licence holder shall within twelve months from the...

       3. Fisheries Committee: Scotland

          1. 5. . . . . . . . . . ....

   16. SCHEDULE 10

       Transfers under Sections 66 and 67

       1. Allocation of property, rights and liabilities: general

          1. 1. (1) The provisions of this paragraph shall apply where the...

          2. 2. (1) The provisions of this paragraph shall apply where the...

       2. Allocation of rights and liabilities: contracts of employment

          1. 3. (1) The provisions of this paragraph shall apply where—

       3. Variation of transfers by agreement

          1. 4. (1) The provisions of this paragraph shall apply where the...

       4. Right to production of documents of title

          1. 5. (1) The provisions of this paragraph shall apply where the...

       5. Proof of title by certificate

          1. 6. (1) Where two or more transfers are effected in pursuance...

       6. Restrictions on dealing with certain land

          1. 7. (1) Where two or more transfers are effected in pursuance...

       7. Third parties affected by vesting provisions

          1. 8. (1) A transaction of any description which, in pursuance of...

          2. 9. (1) If in consequence of two or more transfers effected...

       8. Interpretation

          1. 10. Any reference in this Schedule to a transfer effected in...

   17. SCHEDULE 11

       TAXATION PROVISIONS

       1. General

          1. 1. (1) Subject to sub-paragraphs (2) and (3) below, the following...

       2. Chargeable gains

          1. 2. (1) This paragraph applies where— (a) by virtue of a...

          2. 2A. In this Schedule “ the 1992 Act ” means the...

       3. Roll-over relief

          1. 3. (1) Where— (a) a held over gain would, but for...

       4. Unallowed capital losses

          1. 4. (1) Any unallowed capital losses of an existing body shall...

       5. Transaction in pursuance of section 68(2)(c)

          1. 5. (1) Sub-paragraph (2) below applies to any disposal (within the...

       6. Transfers in pursuance of Schedule 10

          1. 6. Where any property, rights and liabilities to which a transfer...

       7. Apportionments etc.

          1. 7. (1) This paragraph applies where any apportionment or other matter...

       8. Securities of successor companies

          1. 8. (1) Any share issued by a successor company in pursuance...

       9. Extinguishment of liabilities: restriction of tax losses

          1. 9. (1) Section 400(1) of the 1988 Act (write-off of government...

       10. Income tax exemption for certain interests

           1. 10. The vesting in a successor company by this Act of...

       11. Stamp Duty

           1. 11. (1) No transfer effected by this Act shall give rise...

       12. Stamp duty reserve tax

           1. 12. (1) No agreement made for the purposes of or for...

       13. Interpretation etc.

           1. 13. (1) In this Schedule— “the 1988 Act” means the Income...

   18. SCHEDULE 12

       Nuclear Liabilities: Financial Assistance

       1. Grants by Secretary of State

          1. 1. (1) ... , the Secretary of State may, with the...

       2. Loans by Secretary of State

          1. 2. (1) ... , the Secretary of State may, with the...

       3. Guarantees by Secretary of State

          1. 3. (1) ..., the Secretary of State with the approval of...

          2. 3A. The Secretary of State shall not— (a) make any grant...

       4. Financial limits

          1. 4. Nuclear Liabilities: Financial Assistance

       5. Interpretation

          1. 5. In this Schedule “qualifying expenditure” has the meaning given by...

   19. SCHEDULE 13

       Production and Supply of Heat or Electricity etc. by Scottish Local Authorities

   20. SCHEDULE 14

       The Electricity Supply Pension Scheme

       1. Power to amend scheme

          1. 1. (1) The Secretary of State may make regulations amending the...

       2. Protection for certain persons

          1. 2. (1) The Secretary of State may make regulations for the...

          2. 3. (1) Subject to sub-paragraph (3) below, this sub-paragraph applies to—...

          3. 4. (1) Chapter I of Part XIV of the Employment Rights...

       3. Interpretation

          1. 5. (1) In this Schedule— “Consultative Council” means a Consultative Council...

   21. SCHEDULE 15

       The Scottish Pension Schemes

       1. Power to amend schemes

          1. 1. (1) The Secretary of State may make regulations amending the...

       2. Protection for certain persons

          1. 2. (1) The Secretary of State may make regulations for the...

          2. 3. (1) Subject to sub-paragraph (3) below, this sub-paragraph applies to—...

          3. 4. (1) Chapter I of Part XIV of the Employment Rights...

       3. Interpretation

          1. 5. (1) In this Schedule— “Consultative Council” means a Consultative Council...

   22. SCHEDULE 16

       Minor and Consequential Amendments

       1. Enactments relating to statutory undertakers etc.

          1. 1. (1) The holder of a licence under section 6(1) of...

          2. 2. (1) A licence holder who is entitled to exercise any...

          3. 3. (1) In the following enactments, namely— (a) the Water Act...

       2. The Civil Defence Act 1939 (c.31)

          1. 4. Minor and Consequential Amendments

       3. The Water Act 1945 (c.42)

          1. 5. In Schedule 3 to the Water Act 1945 (incorporated provisions:...

       4. The Wireless Telegraphy Act 1949 (c.54)

          1. 6. Minor and Consequential Amendments

       5. The Public Utilities Street Works Act 1950 (c.39)

          1. 7. Minor and Consequential Amendments

       6. The Rights of Entry (Gas and Electricity Boards) Act 1954 (c.21)

          1. 8. (1) The Rights of Entry (Gas and Electricity Boards) Act...

       7. The Land Powers (Defence) Act 1958 (c.30)

          1. 9. In section 14(2)(b) of the Land Powers (Defence) Act 1958...

       8. The Water Resources Act 1963 (c.38)

          1. 10. In section 19(4)(f) of, and in paragraph 4(h) of Schedule...

       9. The Nuclear Installations Act 1965 (c.57)

          1. 11. For subsection (4) of section 3 of the Nuclear Installations...

       10. The Building Control Act 1966 (c.27)

           1. 12. In section 5(1) of the Building Control Act 1966, after...

       11. The Forestry Act 1967 (c.10)

           1. 13. (1) Section 9 of the Forestry Act 1967 (licences for...

       12. The Transport Act 1968 (c. 73)

           1. 14. In section 109(2) of the Transport Act 1968, for paragraphs...

       13. The Post Office Act 1969 (c.48)

           1. 15. Minor and Consequential Amendments

       14. The Fair Trading Act 1973 (c.41)

           1. 16. Minor and Consequential Amendments

       15. The Consumer Credit Act 1974 (c. 39)

           1. 17. (1) The Consumer Credit Act 1974 shall be amended as...

       16. The Control of Pollution Act 1974 (c. 40)

           1. 18. (1) Section 21 of the Control of Pollution Act 1974...

       17. The Restrictive Trade Practices Act 1976 (c. 34)

           1. 19. In section 41(1)(a) of the Restrictive Trade Practices Act 1976...

       18. The Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

           1. 20. (1) Section 11 of the Local Government (Miscellaneous Provisions) Act...

       19. The Land Drainage Act 1976 (c. 70)

           1. 21. In section 112(2)(a) of the Land Drainage Act 1976 (protection...

       20. The Energy Act 1976 (c. 76)

           1. 22. In section 14 of the Energy Act 1976 (fuelling for...

       21. The Land Registration (Scotland) Act 1979 (c. 33)

           1. 23. In section 28(1) of the Land Registration (Scotland) Act 1979...

       22. The Estate Agents Act 1979 (c. 38)

           1. 24. Minor and Consequential Amendments

       23. The Competition Act 1980 (c. 21)

           1. 25. Minor and Consequential Amendments

       24. The Water (Scotland) Act 1980 (c. 45)

           1. 26. (1) The Water (Scotland) Act 1980 shall be amended as...

       25. The Highways Act 1980 (c. 66)

           1. 27. Minor and Consequential Amendments

       26. The Acquisition of Land Act 1981 (c. 67)

           1. 28. In section 28 of the Acquisition of Land Act 1981...

       27. The Telecommunications Act 1984 (c. 12)

           1. 29. (1) The Telecommunications Act 1984 shall be amended as follows....

       28. The Roads (Scotland) Act 1984 (c. 54)

           1. 30. In section 61(4) of the Roads (Scotland) Act 1984 (permission...

       29. The Building Act 1984 (c. 55)

           1. 31. In section 80(3) of the Building Act 1984 (notice to...

       30. The Bankruptcy (Scotland) Act 1985 (c. 66)

           1. 32. In section 70(4)(b) of the Bankruptcy (Scotland) Act 1985 (supplies...

       31. The Airports Act 1986 (c. 31)

           1. 33. In section 74 of the Airports Act 1986 (restrictions on...

       32. The Gas Act 1986 (c. 44)

           1. 34. In section 42 of the Gas Act 1986 (general restrictions...

       33. The Insolvency Act 1986 (c. 45)

           1. 35. Minor and Consequential Amendments

       34. The Consumer Protection Act 1987 (c. 43)

           1. 36. Minor and Consequential Amendments

       35. The Water Act 1989 (c. 15)

           1. 37. In section 160 of the Water Act 1989 (protection of...

       36. Interpretation

           1. 38. In this Schedule expressions which are used in Part I...

   23. SCHEDULE 17

       Transitional Provisions and Savings

       1. Part I Provisions and Savings for Part I of Act

          1. 1. (1) In so far as any requisition made under section...

          2. 2. Any tariff fixed under section 37(3) of the Electricity Act...

          3. 3. Any regulations made under section 16 of the Energy Act...

          4. 4. (1) Where any application made under section 2 of the...

          5. 5. (1) Where any application made under section 10(b) of the...

          6. 6. Any maximum charge fixed by an Electricity Board under section...

          7. 7. Where any representation, reference or report made under, or in...

          8. 8. (1) Any land which has been compulsorily acquired under section...

          9. 9. Any consent given under subsection (1) of section 22 of...

          10. 10. Any order made under subsection (3) of section 34 of...

          11. 11. (1) Any meter of a pattern which is approved for...

          12. 12. Any regulations made under section 34(2) of the Electricity Act...

          13. 13. Where— (a) any sum was deposited with an Electricity Board...

          14. 14. (1) Where immediately before the day appointed for the coming...

          15. 15. The repeal by this Act of any provision by virtue...

          16. 16. In this Part of this Schedule “the Electricity Acts” means—...

       2. Part II Provisions and Savings for Part II of Act

          1. 17. Any licence granted under section 6 of this Act to...

          2. 18. Any tariff fixed, or having effect as if fixed, under...

          3. 19. Any consent given under section 36 of this Act to...

          4. 20. Any consent given under section 37 of this Act to...

          5. 21. Any maximum price fixed, or having effect as if fixed,...

          6. 22. A direction given under section 96 of this Act to...

          7. 23. (1) Any land compulsorily acquired by an Electricity Board before...

          8. 24. (1) Where immediately before the transfer date there is in...

          9. 25. (1) Any agreement made, transaction effected or other thing done...

          10. 26. It is hereby declared for the avoidance of doubt that—...

          11. 27. The Transfer of Undertakings (Protection of Employment) Regulations 1981 shall...

          12. 28. Any agreement made under section 53 of the Electricity Act...

          13. 29. Transitional Provisions and Savings

          14. 30. Transitional Provisions and Savings

          15. 31. Transitional Provisions and Savings

          16. 32. Notwithstanding the repeal by this Act of sections 10 and...

          17. 33. Where by virtue of anything done before the transfer date,...

          18. 34. Without prejudice to the powers conferred by section 112(2) of...

          19. 35. (1) Nothing in this Act shall affect the validity of...

          20. 36. (1) Where immediately before the transfer date an Electricity Board...

          21. 37. (1) An application or claim by an Electricity Board for...

          22. 38. (1) Where an asset, or the right to receive an...

          23. 39. (1) Where a distribution is proposed to be declared during...

          24. 40. In this Part of this Schedule expressions which are used...

   24. SCHEDULE 18

       Repeals