Energy Act 2010 (c. 27)

Section 35

SCHEDULE Consequential Amendments

Gas Act 1986

1 The Gas Act 1986 is amended as follows.

2 (1) In section 28(8) (orders for securing compliance), in the definition of “relevant requirement”—

(a) for “, 33F, 41A or 41B” substitute “or 33F”;

(b) at the end insert “or section 9 or 11 of the Energy Act 2010 (schemes for reducing fuel poverty) or sections 26 to 29 of that Act (adjustment of charges to help disadvantaged groups of customers)”.

(2) Nothing in sub-paragraph (1)(b) is to be taken to limit the kind of provision that can be made by regulations under section 9 or 11 about enforcement of a requirement imposed by, or payment of a sum due under, the regulations.

3 Omit sections 41A and 41B (adjustment of charges to help disadvantaged groups of electricity customers).

4 In section 64(2) (provisions as to orders), omit “41A,”.

Electricity Act 1989

5 The Electricity Act 1989 is amended as follows.

6 (1) In section 25(8) (orders for securing compliance), in the definition of “relevant requirement”—

(a) for “, 42C, 43A or 43B” substitute “or 42C”;

(b) at the end insert “or section 9 or 11 of the Energy Act 2010 (schemes for reducing fuel poverty) or sections 26 to 29 of that Act (adjustment of charges to help disadvantaged groups of customers)”.

(2) Nothing in sub-paragraph (1)(b) is to be taken to limit the kind of provision that can be made by regulations under section 9 or 11 about enforcement of a requirement imposed by, or payment of a sum due under, the regulations.

7 In section 27 (validity and effect of orders), after subsection (8) insert—

“(9) Subsections (1) to (3) do not apply in the case of a final or provisional order that relates to a relevant condition imposed by the exercise of the power in section 18(1) of the Energy Act 2010 (prevention of exploitation of electricity trading and transmission arrangements).

(10) For provision about appeals relating to such orders, see section 20 of the Energy Act 2010.”

8 In section 27E (appeals), after subsection (9) insert—

“(10) This section does not apply in the case of a penalty that relates to a relevant condition imposed by the exercise of the power in section 18(1) of the Energy Act 2010 (prevention of exploitation of electricity trading and transmission arrangements).

(11) For provision about appeals relating to such penalties, see section 21 of the Energy Act 2010.”

9 Omit sections 43A and 43B (adjustment of charges to help disadvantaged groups of gas customers).

10 In section 106(2) (provisions as to orders), omit “43A,”.

Utilities Act 2000

11 The Utilities Act 2000 is amended as follows.

12 In section 33(1) (standard conditions of electricity licences)—

(a) after paragraph (c) omit “or”;

(b) after paragraph (d) insert “or

(e) under the Energy Act 2010.”

13 Omit section 69 (help for disadvantaged groups of electricity customers).

14 In section 81(2) (standard conditions of gas licences)—

(a) for “2004 or” substitute “2004,”;

(b) after “2008” insert “or under the Energy Act 2010”.

15 Omit section 98 (help for disadvantaged groups of gas customers).

16 In section 105 (general restrictions on disclosure of information)—

(a) in subsection (1), after “2004” insert “or Part 2 or section 27 or 28 of the Energy Act 2010”;

(b) in subsection (3)(a), after “2008” insert “, Part 2 or section 28 of the Energy Act 2010”.