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Part VIU.K. Miscellaneous and Supplementary

MiscellaneousU.K.

103 Overall [F1carbon emissions reduction targets].U.K.

(1)For the purposes of the exercise by the Authority of its functions under either or both of—

(a)section 33BC of the 1986 Act ([F2promotion of reductions in carbon emissions:] gas transporters and suppliers) and any order made under that section, and

(b)section 41A of the 1989 Act ([F2promotion of reductions in carbon emissions:] electricity [F3 generators,] distributors and suppliers) and any order made under that section,

the Secretary of State may by order specify an overall target for the promotion of [F4the measures mentioned in subsection (2) of each of those sections].

[F5(1A)The power conferred by this section may be exercised so as to specify more than one overall target in relation to the same period or to periods that overlap to any extent.]

(2)Where an overall target applies in relation to both sections mentioned in subsection (1), the order specifying the target may make provision for the Authority to apportion the target between—

(a)persons who are gas transporters or gas suppliers (for the purposes of section 33BC of the 1986 Act and any order under that section); and

(b)persons who are [F6 electricity generators,] electricity distributors or electricity suppliers (for the purposes of section 41A of the 1989 Act and any order under that section),

by reference to such criteria as may be specified in the order.

(3)The Authority shall exercise its functions under the provisions mentioned in subsection (1) in relation to which an overall target applies (and in particular its functions relating to the determination of [F7carbon emissions reduction targets]) in the manner it considers best calculated to result in the achievement of the overall target.

(4)Before making an order under this section the Secretary of State shall consult the Authority, the Council, gas transporters, gas suppliers, [F8 electricity generators,] electricity distributors, electricity suppliers, and such other persons as he considers appropriate.

(5)An order under this section shall not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

Textual Amendments

F3Word in s. 103(1)(b) inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 8 para. 6(2)

F6Words in s. 103(2)(b) inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 8 para. 6(4)

F8Words in s. 103(4) inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 8 para. 6(5)

Commencement Information

I1S. 103 wholly in force at 1.10.2001; s. 103 not in force at Royal Assent see s. 110(2); s. 103 in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

104 Specialist members of the Competition Commission.U.K.

(1)The Secretary of State shall appoint not less than six members of the Competition Commission (“the Commission”) for the purpose of the exercise by the Commission of any function under or by virtue of—

(a)[F9 any of sections 23B to 23G or section] 41E of the 1986 Act; F10...

(b)[F11any of sections 11C to 11H or section] 56C of the 1989 Act F12...

[F13(c)section 12, 14, 16A, 17K or 17P of the Water Industry Act 1991] [F14; or

(d) article 3 or 9 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005. ]

(2)In selecting a group to perform any function of the Commission under or by virtue of any provision mentioned in subsection (1), the chairman of the Commission shall select one or more of the members appointed under subsection (1) to be members of the group.

(3)In paragraph 2(1)(d) of Schedule 7 to the M1Competition Act 1998 (membership of Commission to include specialist members appointed under gas and electricity legislation), for sub-paragraph (ii) there is substituted—

“(ii)section 104 of the Utilities Act 2000; .”

(4)Section 12(9) and (9A) of the 1989 Act (which are superseded by this section) shall cease to have effect.

(5)The persons who are, immediately before the commencement of this section, members of the Competition Commission by virtue of appointments made under section 12(9) of the 1989 Act shall continue as members of the Commission and their appointments shall be treated as having been made under this section.

(6)Nothing in this section affects any group which has been selected, before the commencement of this section, to perform functions of the Commission in relation to any reference under or by virtue of section 24 of the M21986 Act or section 12 of the 1989 Act.

Textual Amendments

F10Word in s. 104(1)(a) repealed (1.4.2004) by Water Act 2003 (c. 37), ss. 53(1)(a), 105(3), Sch. 9 Pt. 2 (with s. 53(4)); S.I. 2004/641, art. 3(k)(z)

F13S. 104(1)(c) and word inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 53(1)(b), 105(3) (with s. 53(4)); S.I. 2004/641, art. 3(k) (with Sch. 3 para. 7)

Modifications etc. (not altering text)

C1S. 104(1) extended (5.10.2004) by Energy Act 2004 (c. 20), ss. 176(a), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

Commencement Information

I2S. 104 wholly in force at 16.5.2001; s. 104 not in force at Royal Assent see s. 110(2); s. 104 in force at 16.5.2001 by S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)

Marginal Citations

M21986 . 44.

105 General restrictions on disclosure of information.E+W+S

(1)Information which—

(a)has been obtained under or by virtue of the provisions of this Act, Part I of the 1986 Act [F15, Part 1 of the 1989 Act F16...][F17, section 184(5) or 185(5) of the Energy Act 2004 [F18 or Part 2 or section 27 or 28 of the Energy Act 2010 ] or section 41 or 100 of the Energy Act 2008;] and

(b)relates to the affairs of any individual or to any particular business,

shall not be disclosed during the lifetime of the individual or so long as the business continues to be carried on, except as provided below.

(2)Subsection (1) does not apply to a disclosure made with the consent of the individual or the person for the time being carrying on the business.

(3)Subsection (1) does not apply to a disclosure if—

(a)it is made for the purpose of facilitating the performance of any functions of the Secretary of State, the Authority, the Council or the Competition Commission under the 1986 Act, the 1989 Act [F19, section 184 or 185 of the Energy Act 2004 ] [F20 sections 41 to 43 or section 100 of the Energy Act 2008 [F21, Part 2 or section 28 of the Energy Act 2010]] or this Act;

(b)it is required by a notice under section 38(1A) of the 1986 Act or section 28(2A) of the 1989 Act;

(c)it is made by a licence holder and is required to be made by a condition of his licence; or

(d)it is made by one licence holder to another and is required by that other licence holder for purposes connected with the carrying on of relevant activities.

(4)Subsection (1) does not apply to any disclosure of information made—

(a)for the purpose of facilitating the performance by a person or body mentioned in subsection (5) of any function under an Act or instrument specified in subsection (6);

(b)for the purpose of facilitating the performance by the Comptroller and Auditor General, F22...the Health and Safety Executive of any of his or its functions;

(c)for the purpose of facilitating the exercise by the Secretary of State of any power conferred F23. . . by the enactments relating to companies F23. . . or insolvency;

(d)for the purpose of facilitating the performance of the functions of an inspector appointed under the enactments relating to companies;

[F24(da)for the purpose of facilitating the performance by the Secretary of State, the Treasury or the Financial Services Authority of any functions under the Financial Services and Markets Act 2000;

(db)for the purpose of facilitating the discharge of any function by a person appointed under—

(i) section 97 of the financial Services and Markets Act 2000 (investigations into a breach of listing rules etc. ),

(ii)section 167 of that Act (general investigations), or

(iii)section 168 of that Act (investigations in particular cases);]

(e)for the purpose of facilitating the performance by an official receiver of his functions under the enactments relating to insolvency or by a recognised professional body for the purposes of section 391 of the M3Insolvency Act 1986 of its functions as such a body;

(f)in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(g)for the purposes of any civil proceedings brought under or by virtue of the 1986 Act, the 1989 Act, this Act or any Act or instrument specified in subsection (6); or

(h)in pursuance of a [F25EU] obligation.

(5)The persons and bodies specified for the purposes of subsection (4)(a) are—

(a)a Minister of the Crown;

(b)the Competition Commission;

[F26(c)the Office of Fair Trading;]

[F27(d)the Office of Communications;]

[F28(e)the Water Services Regulation Authority;]

(f)the Director General of Electricity Supply for Northern Ireland;

(g)the Director General of Gas for Northern Ireland;

(h)the [F29Office of Rail Regulation];

(i)the Civil Aviation Authority;

(j)the Insolvency Practitioners Tribunal;

(k)the Coal Authority; F30...

(l)a local weights and measures authority in Great Britain[F31, and

(m)the National Consumer Council.]

F32(6)The Acts and instruments specified for the purposes of subsection (4)(a) and (g) are—

(a)the M4Trade Descriptions Act 1968;

(b)the M5Fair Trading Act 1973;

(c)the M6Consumer Credit Act 1974;

(d)the M7Estate Agents Act 1979;

(e)the M8Competition Act 1980;

(f)the M9National Audit Act 1983;

(g)the M10Telecommunications Act 1984;

(h)the M11Airports Act 1986;

(i)the M12Insolvency Act 1986;

(j)the M13Consumer Protection Act 1987;

F33(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)the M14Water Act 1989, the M15Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of the Water Industry Act 1991) [F34or the Water Act 2003 ] [F35 or the Water and Sewerage Services (Northern Ireland) Order 2006 ];

(m)the M16Electricity (Northern Ireland) Order 1992;

(n)the M17Railways Act 1993;

(o)the M18Coal Industry Act 1994;

(p)the M19Gas (Northern Ireland) Order 1996;

(q)the M20Competition Act 1998.

[F36(r)Part I of the Transport Act 2000.]

[F37(s)the Enterprise Act 2002]

[F32(t)the Communications Act 2003.]

[F38(u)the Railways Act 2005.]

[F39(v)the Business Protection from Misleading Marketing Regulations 2008;

(w)the Consumer Protection from Unfair Trading Regulations 2008.]

[F40(x)the Consumers, Estate Agents and Redress Act 2007.]

(7)The Secretary of State may by order modify subsection (3), (4), (5) or (6).

(8)Nothing in subsection (1) is to be construed either as limiting the matters which may be—

(a)published under section F41... 35 of the 1986 Act or section [F42 32J or ]F41... 48 of the 1989 Act;

(b)made public by the Authority as part of a notice under section 26; or

(c)included in, or made public as part of, a report of the AuthorityF43... or the Competition Commission under any provision of this Act, Part I of the 1986 Act or Part I of the 1989 Act;

or as applying to information which has been so published or has been made public as part of such a notice or such a report.

(9)A person who discloses any information in contravention of this section is guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(10)In this section—

(11)Information obtained by the Authority in the exercise of functions which are exercisable concurrently with [F44the Office of Fair Trading] under Part I of the M21Competition Act 1998 is subject to [F45Part 9 of the Enterprise Act 2002 (Information)] and not to subsections (1) to (10) of this section.

[F46(11A)Nothing in this section applies to information within section 29(3) of the Consumers, Estate Agents and Redress Act 2007 (application of disclosure regime in Part 9 of the Enterprise Act 2002 to information obtained by the Council).]

[F47(11B)Nothing in this section applies to information to which section 105A applies.]

(12)The power to make an order under subsection (7) is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F15Words in s. 105(1)(a) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 186(a), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F16Words in s. 105(1)(a) omitted (26.1.2009) by virtue of Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 15(a); S.I. 2009/45, art. 2(e)(iv)

F17Words in s. 105(1)(a) inserted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 15(a); S.I. 2009/45, art. 2(e)(iv)

F18Words in s. 105(1) inserted (8.6.2010) by Energy Act 2010 (c. 27), s. 38(3), Sch. para. 16(a)

F19Words in s. 105(3)(a) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 186(b), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F20Words in s. 105(3)(a) inserted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 15(b); S.I. 2009/45, art. 2(e)(iv)

F21Words in s. 105(3)(a) inserted (8.6.2010) by Energy Act 2010 (c. 27), s. 38(3), Sch. para. 16(b)

F23Words in s. 105(4)(c) omitted (3.7.2002) by virtue of S.I. 2002/1555, art. 27(a)

F24S. 105(4)(da)(db) inserted (3.7.2002) by S.I. 2002/1555, art. 27(b)

F25Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3)4(2)6(4)6(5))

F26S. 105(5)(c) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 43(3)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F27S. 105(5)(d) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 163(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, arts. 3(2), 11

F32S. 105(6)(t) inserted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 163(3) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, arts. 3(2), 11

F34Words in s. 105(6)(l) inserted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 34(b); S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)

F36S. 105(6)(r) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. IV para. 25

F37S. 105(6)(s) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 43(3)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F42Words in s. 105(8)(a) inserted (1.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 15(c); S.I. 2009/45, art. 3(c)(i)

F44Words in s. 105(11) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 43(3)(c)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F45Words in s. 105(11) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 43(3)(c)(ii); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Modifications etc. (not altering text)

C3S. 105(1) excluded (24.8.2004) by Energy Act 2004 (c. 20), ss. 140(4), 198(2); S.I. 2004/2184, art. 2(1), Sch. 1

C4S. 105(4): disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. 1 para. 52

Commencement Information

I3S. 105(1)-(7)(8)(a)(c)(9)-(12) in force at 7.11.2000 by S.I. 2000/2974, art. 2, Sch.(subject to transitional provisions in arts. 3-12); s. 105(8)(b) in force at 20.12.2000 by S.I. 2000/3343, art. 2, Sch.(subject to transitional provisions in arts. 3-15)

Marginal Citations