Consumers, Estate Agents and Redress Act 2007

29 (1) Section 8 of the Utilities Act 2000 (c. 27) (payments by licence holders relating to new arrangements) is amended as follows. U.K.

(2) In subsection (2) after “subsection (3)” insert “ or (3A) ”.

(3) In subsection (3)—

(a) for “Those expenses” substitute “ The expenses within this subsection ”,

(b) in paragraph (a) for “Council” substitute “ Gas and Electricity Consumer Council ”, and

(c) omit paragraph (b) and the “and” immediately preceding it.

(4) After that subsection insert—

“(3A) The expenses within this subsection are—

(a) the appropriate proportion of the expenses of the Council (including expenses which relate to its establishment but not expenses within paragraph (c));

(b) the appropriate proportion of the expenses of the Secretary of State which relate to the establishment of the Council;

(c) any expenses of the Council, the Secretary of State or the Gas and Electricity Consumer Council which relate to a transfer scheme made in respect of the Gas and Electricity Consumer Council under section 35(2)(a) or (7) of the Consumers, Estate Agents and Redress Act 2007;

(d) the expenses of the Secretary of State which relate to the abolition of the Gas and Electricity Consumer Council;

(e) the expenses of the Office of Fair Trading which relate to the expansion of an OFT scheme to enable it to cater for gas and electricity consumers;

(f) the appropriate proportion of the expenses of the Office of Fair Trading on, or in connection with, the support of any OFT scheme.

(3B) The “appropriate proportion” of any expenses means such proportion of the expenses as the Secretary of State considers is reasonable having regard to—

(a) in the case of expenses within subsection (3A)(a) or (b), the functions exercisable by the Council in relation to gas and electricity consumers, and

(b) in the case of expenses within subsection (3A)(f), the functions under the OFT scheme which are exercisable in relation to gas and electricity consumers.”

(5) In subsection (4) for paragraphs (a) and (b) substitute—

“(a) the establishment of the Council, or

(b) the abolition of the Gas and Electricity Consumer Council.”

(6) For subsection (5) substitute—

“(5) The Authority may, in accordance with this section, make such incidental or consequential modifications of—

(a) the other conditions of a gas licence or an electricity licence, or

(b) any code or agreement relevant to the conditions of such a licence,

as it considers necessary or expedient in consequence of, or of preparations for, an event mentioned in subsection (4)(a) or (b).”

(7) In subsection (6) after “licence” insert “ or any code or agreement ”.

(8) Omit subsection (7).

(9) For subsection (8) substitute—

“(8) The powers of the Authority under subsection (4) (as amended by paragraph 29 of Schedule 1 to the Consumers, Estate Agents and Redress Act 2007), and subsection (5) as it applies in relation to that subsection, may not be exercised after the end of the period of 2 years beginning with the commencement of that paragraph.”

(10) In subsection (9) after “(3)” insert “ or (3A) ”.

(11) After that subsection insert—

“(10) For the purposes of this section—

• “consumer” has the same meaning as in Part 1 of the Consumers, Estate Agents and Redress Act 2007 (see section 3 of that Act);

• “gas and electricity consumers” means consumers in relation to gas conveyed through pipes or electricity conveyed by distribution systems or transmission systems;

• “OFT scheme” means any public consumer advice scheme supported by the Office of Fair Trading.”

Commencement Information

I1 Sch. 1 para. 29 in force at 21.12.2007 by S.I. 2007/3546, art. 3, Sch.