Utilities Act 2000

Supplementary U.K.

106 Interpretation. E+W+S

(1) In this Act—

• F1 ...

• F2 ...

• “Authority” means the Gas and Electricity Markets Authority;

• [F3 “Citizens Advice” means the National Association of Citizens Advice Bureaux;]

• [F3 “Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux;]

• F4 ...

• F5 ...

• F6 ...

• [F7 “designated regulatory function” means—

  (a)

  a function of the Authority conferred by—

  (i)

  a provision of [F8 assimilated] law,

  (ii)

  a condition in a licence under section 7, 7ZA or 7A of the 1986 Act, as that condition is modified from time to time on or after IP completion day, or

  (iii)

  a condition in a licence under section 6 of the 1989 Act, as that condition is modified from time to time on or after IP completion day,

  where that function was, immediately before IP completion day, one of its functions as a regulatory authority designated in accordance with Article 35 of the Electricity Directive or Article 39 of the Gas Directive;

  (b)

  a function of the Northern Ireland Authority conferred by—

  (i)

  a provision of retained EU law, or

  (ii)

  a condition in a licence under Article 8 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)), as that condition is modified from time to time on or after IP completion day,

  where that function was, immediately before IP completion day, one of its functions as a regulatory authority designated in accordance with Article 39 of the Gas Directive;

  (c)

  a function of the Northern Ireland Authority as a regulatory authority designated in accordance with Article 35 of the Electricity Directive;]

• [F9 “the Electricity Directive” means Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC;

• “electricity licence” means a licence under section 6 of the 1989 Act;

• [F10 “the Gas Directive” means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC( ), as amended by the 2019 Amending Directive;]

• “gas licence” means a licence under section 7 [F11 , 7A [F12 , 7AA, 7AB or 7AC]] of the 1986 Act;

• “the 1986 Act” means the M1 Gas Act 1986;

• “the 1989 Act” means the M2 Electricity Act 1989.

• [F13 “the 2019 Amending Directive” means Directive (EU) 2019/692 of the European Parliament and of the Council of 17 April 2019 amending Directive 2009/73/EC concerning common rules for the internal market in natural gas.]

(2) Expressions used in this Act, as regards matters relating to gas, which are defined in section 48 or 66 of the 1986 Act or used in Part I of that Act have, unless the context otherwise requires, the same meaning as in that Part of that Act.

(3) Expressions used in this Act, as regards matters relating to electricity, which are defined in section 64 or 111 of the 1989 Act or used in Part I of that Act have, unless the context otherwise requires, the same meaning as in that Part of that Act.

(4) Section 46 of the 1986 Act (service of notices, etc.) shall apply to any document authorised or required by virtue of any provision of this Act to be served on or given to any person as if it were authorised or required to be served or given by virtue of that Act.]

Textual Amendments

F1 Words in s. 106 omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 70(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in s. 106 omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 70(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in s. 106(1) inserted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 8(10)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F4 Words in s. 106(1) omitted (1.4.2014) by virtue of The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 8(10)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F5 Words in s. 106 omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 70(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in s. 106 omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 70(d); 2020 c. 1, ScH. 5 para. 1(1)

F7 Words in s. 106 inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 70(e) (as amended by S.I. 2020/1016, regs. 1(2), 3(27)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in s. 106(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 45(3)

F9 Words in s. 106(1) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704) , regs. 1(1) , 25

F10 Words in s. 106(1) substituted (14.7.2020) by The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 7(a)

F11 Words in s. 106(1) substituted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 30(3)

F12 Words in s. 106(1) substituted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 5(7)

F13 Words in s. 106(1) inserted (14.7.2020) by The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 7(b)

Marginal Citations

M1 1986 c. 44.

M2 1989 c. 29 .

107 Financial provisions. E+W+S

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Authority by virtue of this Act;

(b) any expenditure incurred by the Secretary of State by virtue of this Act;

(c) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

108 Amendments, transitional provisions and repeals. U.K.

Schedule 6 (minor and consequential amendments), Schedule 7 (transitional provisions and savings) and Schedule 8 (repeals) have effect.

Commencement Information

I1 S. 108 wholly in force at 1.10.2001; s. 108 not in force at Royal Assent see s. 110(2); s. 108 in force at 20.12.2000 for certain purposes by S.I. 2000/3343, art. 2, Sch.(subject to transitional provisions in arts. 3-15); s. 108 in force for all remaining purposes at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

109 Power to make transitional provision etc. E+W+S

(1) The Secretary of State may by regulations make such transitional and consequential provisions and such savings as he considers necessary or expedient in preparation for, or in connection with, or in consequence of—

(a) the coming into force of any provision of this Act; or

(b) the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(2) Such regulations may make modifications of any enactment contained in any Act or subordinate legislation (including an enactment contained in this Act or in any Act passed or subordinate legislation made in the same Session as this Act).

(3) The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

110 Short title, commencement and extent. E+W+S

(1) This Act may be cited as the Utilities Act 2000.

(2) This Act (apart from this section and section 68) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

(3) An order under subsection (2) may contain transitional provisions and savings relating to the provisions being brought into force by the order.

(4) Any amendment or repeal made by this Act has the same extent as the enactment being amended or repealed.

(5) Subject to subsection (4), this Act does not extend to Northern Ireland.

Subordinate Legislation Made

P1 S. 110 power partly exercised: 29.9.2000 and 21.11.2000 appointed for specified provisions by S.I. 2000/2412, arts. 2, 3, Sch.

P2 S. 110(2) power partly exercised: 1.11.2000 appointed for specified provisions by S.I. 2000/2917, art. 2

S. 110(2) power partly exercised: 7.11.2000 appointed for specified provisions by S.I. 2000/2974, art. 2, Sch.

S. 110(2) power partly exercised: 20.12.2000 appointed for specified provisions by S.I. 2000/3343, art. 2, Sch. (as amended (14.5.2001) by S.I. 2001/1780, art. 2)

S. 110(2) power partly exercised: 16.5.2001 appointed for specified provisions by S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)

S. 110(2) power partly exercised: 1.10.2001 appointed for specified provisions by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in art. 3-20)