Utilities Act 2000

Part I U.K. New regulatory arrangements

1 Gas and Electricity Markets Authority. E+W+S

(1) There shall be a body corporate to be known as the Gas and Electricity Markets Authority (in this Act referred to as “the Authority”) for the purpose of carrying out—

(a) functions transferred to the Authority from the Director General of Gas Supply and the Director General of Electricity Supply; and

(b) the other functions of the Authority under this Act.

(2) The functions of the Authority are performed on behalf of the Crown.

(3) The offices of Director General of Gas Supply and Director General of Electricity Supply are abolished.

(4) Schedule 1 has effect with respect to the Authority.

Commencement Information

I1 S. 1 wholly in force at 1.10.2001; s. 1 not in force at Royal Assent see s. 110(2); s. 1(1)(2)(4) in force at 1.11.2000 by S.I. 2000/2917, art. 2; s. 1(3) in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F1 2 Gas and Electricity Consumer Council. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 2 repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 8; S.I. 2008/2550, art. 2, Sch.

3 Transfer to Authority F2 ... of functions, property etc. E+W+S

(1) The functions of the Director General of Gas Supply and the Director General of Electricity Supply (“the Directors”) are transferred to the Authority.

(2) Any enactment which—

(a) relates to a function of either of the Directors; and

(b) is in force immediately before the transfer by subsection (1) of that function,

shall have effect after the transfer, so far as necessary for the purposes of or in consequence of the transfer, as if references to the Director were references to the Authority.

(3) The Secretary of State may make one or more schemes (“transfer schemes”) for the transfer of the property, rights and liabilities of the Directors to the Authority F3 ....

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) On the day appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this subsection, be transferred in accordance with the provisions of the scheme.

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Subsection (6) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.

(8) Schedule 3 has effect in relation to transfer schemes and transfers by any provision of this Act of functions, property, rights and liabilities to the Authority F6 ....

Textual Amendments

F2 Words in s. 3 heading 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(2)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F3 Words in s. 3(3) 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(2)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F4 S. 3(4) 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(2)(c) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F5 S. 3(6) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 8; S.I. 2008/2550, art. 2, Sch.

F6 Words in s. 3(8) 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(2)(d) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

Commencement Information

I2 S. 3 wholly in force at 20.12.2000; s. 3 not in force at Royal Assent see s. 110(2); s. 3(3)(4)(5)(8) in force at 1.11.2000 by S.I. 2000/2917, art. 2; s. 3(6)(7) in force at 7.11.2000 by S.I. 2000/2974, art. 2, Sch.(subject to transitional provisions in arts. 3-12); s. 3(1)(2) in force at 20.12.2000 by S.I. 2000/3343, art. 2, Sch.(subject to transitional provisions in arts. 3-15)

[F7 3A [F8 Exercise of designated regulatory functions etc] U.K.

F9 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Authority must ensure that members of its staff do not—

(a) seek or take any instructions that might compromise, or might reasonably be seen to compromise, the Authority ’s independence in relation to its [F10 designated regulatory functions]; or

(b) carry out any other activity, or have any financial or other interest, that might compromise, or might reasonably be seen to compromise, the impartiality of those members of staff.

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F7 S. 3A inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 22

F8 S. 3A heading substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 64(2); 2020 c. 1, Sch. 5 para. 1(1)

F9 S. 3A(1) 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), 64(3); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in s. 3A(2)(a) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 64(4); 2020 c. 1, Sch. 5 para. 1(1)

F11 S. 3A(3) 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), 64(5); 2020 c. 1, Sch. 5 para. 1(1)

4 Forward work programmes. E+W+S

(1) The Authority F12 ... shall, before each financial year, F13 ... publish a document (the “forward work programme”) containing a general description of the projects, other than those comprising routine activities in the exercise of its functions, which it plans to undertake during the year.

(2) That description must include the objectives of each project.

(3) The forward work programme for any year shall also include an estimate of the overall expenditure which the Authority F14 ... expects to incur during the year in the exercise of its functions.

(4) Before publishing the forward work programme for any year, the Authority F15 ... shall give notice—

(a) containing a draft of the forward work programme, and

(b) specifying the time within which representations or objections to the proposals contained in it may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(5) The notice under subsection (4) must be published by the Authority F16 ... in such manner as it considers appropriate for the purpose of bringing the matters contained in it to the attention of persons likely to be affected by them.

(6) The Authority must send a copy of any notice given by it under subsection (4) to [F17 Citizens Advice and [F18 Consumer Scotland]].

[F19 (7) In this section—

(a) references to functions do not include functions under Part 1 of the Energy Act 2023, and

(b) references to projects do not include projects with regard to the exercise of such functions.]

Textual Amendments

F12 Words in s. 4(1) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 19(a)(i), Sch. 8; S.I. 2008/2550, art. 2, Sch.

F13 Word in s. 4(1) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 19(a)(ii), Sch. 8; S.I. 2008/2550, art. 2, Sch.

F14 Words in s. 4(3) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 19(b), Sch. 8; S.I. 2008/2550, art. 2, Sch.

F15 Words in s. 4(4) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 19(c), Sch. 8; S.I. 2008/2550, art. 2, Sch.

F16 Words in s. 4(5) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 19(d), Sch. 8; S.I. 2008/2550, art. 2, Sch.

F17 Words in s. 4(6) substituted (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(3) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F18 Words in s. 4(6) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 5(2) (with art. 5)

F19 S. 4(7) inserted (26.12.2023) by Energy Act 2023 (c. 52), s. 334(3)(a), Sch. 5 para. 2

Commencement Information

I3 S. 4 wholly in force at 20.12.2000; s. 4 not in force at Royal Assent see s. 110(2); s. 4 in force at 7.11.2000 for certain purposes by S.I. 2000/2974, art. 2, Sch.(subject to transitional provisions in arts. 3-12); s. 4 in force at 20.12.2000 for all remaining purposes by S.I. 2000/3343, art. 2, Sch.(subject to transitional provisions in arts. 3-15)

[F20 4A Information in relation to strategy and policy statement U.K.

(1) As soon as reasonably practicable after the designation of a statement as the strategy and policy statement, the Authority must publish a document setting out the required information in relation to the statement.

(2) The Authority must include the required information in relation to a strategy and policy statement in the forward work programme for each financial year, subject to making such modifications to the information as the Authority considers appropriate from the version as last published under this subsection.

(3) The required information in relation to a strategy and policy statement to be set out in a document or forward work programme is—

(a) the strategy the Authority intends to adopt for the purpose of furthering the delivery of the policy outcomes contained in the statement (both in respect of the year in or for which the document or programme is issued and beyond);

(b) the things the Authority proposes to do in implementing that strategy (including when the Authority proposes to do them);

(c) the ways in which the Authority has had regard to the strategic priorities contained in the statement in setting out the information required under paragraphs (a) and (b).

(4) The duty under subsection (1) does not apply if—

(a) the Authority does not think it reasonably practicable to publish the document mentioned in that subsection before the time when the Authority is next required to publish a forward work programme, and

(b) the Authority includes the required information in that forward work programme.

(5) The duty under subsection (2) does not apply in relation to the first financial year beginning after the designation of the statement if—

(a) the Authority does not think it reasonably practicable to include the required information in the forward work programme for that year, and

(b) the Authority includes the required information in a document published under subsection (1).

(6) The duty under subsection (2) does not apply in relation to a financial year if the Secretary of State gives notice to the Authority under this subsection that the statement's designation—

(a) will be withdrawn before the beginning of the year, or

(b) is expected to have been withdrawn before the beginning of the year.

(7) Subsections (4) to (6) of section 4 (notice requirements) apply to a document published under subsection (1) as they apply to a forward work programme.

(8) In this section—

• “designation”, in relation to a strategy and policy statement, means designation of the statement by the Secretary of State under Part 5 of the Energy Act 2013;

• “forward work programme” has the meaning given by section 4(1);

• “policy outcomes”, “strategic priorities” and “strategy and policy statement” have the same meaning as in Part 5 of the Energy Act 2013.]

Textual Amendments

F20 S. 4A inserted (18.2.2014) by Energy Act 2013 (c. 32), ss. 137(2), 156(2)

5 Annual and other reports of Authority. U.K.

(1) The Authority shall, as soon as practicable after the end of each financial year, make to the Secretary of State a report (the “annual report” for that year) on—

(a) its activities during that year, and

(b) the activities of the [F21 Competition and Markets Authority] during that year in respect of any references made by the Authority.

(2) The annual report for each year shall include—

(a) a general survey of developments in respect of matters falling within the scope of the Authority’s functions, including in particular developments in competition between persons engaged in, or in commercial activities connected with—

(i) the shipping, transportation or supply of gas conveyed through pipes; F22 ...

(ii) the generation, transmission, distribution or supply of electricity; [F23 or

(iii) the operation or maintenance of, or the supply of heating, cooling or hot water by means of, relevant heat networks (as defined in section 216 of the Energy Act 2023);]

(b) a report on the progress of the projects described in the forward work programme for that year;

(c) a summary of final and provisional orders made and penalties imposed by the Authority during the year; F24 ...

[F25 (ca) a summary of final notices given by the Authority under the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013; and]

(d) a report on such other matters as the Secretary of State may from time to time require.

[F26 (2A) The annual report for each year shall also include a report on—

(a) the ways in which the Authority has carried out its duties under section 132(1) and (2) of the Energy Act 2013 in relation to the strategy and policy statement (so far as the statement's designation was in effect during the whole or any part of the year), and

(b) the extent to which the Authority has done the things set out under section 4A in a forward work programme or other document as the things the Authority proposed to do during that year in implementing its strategy for furthering the delivery of the policy outcomes contained in the statement (see subsection (3)(b) of that section).

(2B) The report mentioned in subsection (2A) must, in particular, include—

(a) the Authority's assessment of how the carrying out of its functions during the year has contributed to the delivery of the policy outcomes contained in the strategy and policy statement, and

(b) if the Authority has failed to do any of the things mentioned in subsection (2A)(b), an explanation for the failure and the actions the Authority proposes to take to remedy it.

(2C) In subsections (2A) and (2B)—

• “ forward work programme ” has the meaning given by section 4(1);

• “ policy outcomes ” and “ strategy and policy statement ” have the same meaning as in Part 5 of the Energy Act 2013.]

(3) The annual report for each year shall set out any general directions given by the Secretary of State under section 34(3) of the 1986 Act or section 47(2) of the 1989 Act.

[F27 (3A) The annual report for each year must also include an overview of—

(a) developments relating to documents designated for the purposes of Part 6 of the Energy Act 2023 (governance of gas and electricity industry codes);

(b) decisions made by the Authority during the year in relation to such documents, including details of any modifications made under section 192 of the Energy Act 2023.]

(4) The Secretary of State shall consult the Authority before exercising the power under subsection (2)(d) in relation to any matter.

(5) The Secretary of State shall—

(a) lay a copy of each annual report before each House of Parliament; F28 ...

[F29 (aa) send a copy of the report to the Scottish Ministers [F30 and the Welsh Ministers], and]

(b) arrange for the report to be published in such manner as he considers appropriate.

[F31 (5A) The Scottish Ministers shall lay a copy of each annual report before the Scottish Parliament.]

[F32 (5B) The Welsh Ministers shall lay a copy of each annual report before the National Assembly for Wales.]

(6) The Authority may also prepare other reports with respect to any matter falling within the scope of its functions and may arrange for any such report to be published in such manner as it considers appropriate.

(7) The Authority shall send a copy of each annual or other report published under this section to [F33 Citizens Advice and [F34 Consumer Scotland]].

(8) In making or preparing any report under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.

F35 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Section 39 of the 1986 Act (annual and other reports of the Director General of Gas Supply) and section 50 of the 1989 Act (annual and other reports of the Director General of Electricity Supply) shall cease to have effect.

[F36 (11) In this section—

(a) references to functions of the Authority do not include functions under Part 1 of the Energy Act 2023;

(b) references to activities of the Authority do not include activities in the exercise of such functions;

(c) the reference in subsection (1) to “references made by the Authority” does not include references made by virtue of section 36(1) of the Energy Act 2023.]

Textual Amendments

F21 Words in s. 5(1)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 83(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F22 Word in s. 5(2)(a) omitted (1.10.2024) by virtue of The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 5(2)(a); S.I. 2024/957, reg. 2(a)

F23 S. 5(2)(a)(iii) and word inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 5(2)(b); S.I. 2024/957, reg. 2(a)

F24 Word in s. 5(2)(c) omitted (1.7.2015) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) (Amendment) Regulations 2015 (S.I. 2015/862), regs. 1(1), 4(a)

F25 S. 5(2)(ca) inserted (1.7.2015) by The Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) (Amendment) Regulations 2015 (S.I. 2015/862), regs. 1(1), 4(b)

F26 S. 5(2A)-(2C) inserted (18.2.2014) by Energy Act 2013 (c. 32), ss. 137(3), 156(2)

F27 S. 5(3A) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 197(2), 334(1); S.I. 2024/890, reg. 2(b)(vii)

F28 Word in s. 5(5)(a) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 64(2)(a), 72(7)

F29 S. 5(5)(aa) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 64(2)(a), 72(7)

F30 Words in s. 5(5)(aa) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 66(2)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(m)

F31 S. 5(5A) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 64(2)(b), 72(7)

F32 S. 5(5B) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 66(2)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(m)

F33 Words in s. 5(7) substituted (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(4) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F34 Words in s. 5(7) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 5(3) (with art. 5)

F35 S. 5(9) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 83(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F36 S. 5(11) inserted (26.12.2023) by Energy Act 2023 (c. 52), s. 334(3)(a), Sch. 5 para. 3

Modifications etc. (not altering text)

C1 S. 5(2)(a) modified (19.12.2000) by S.I. 2000/3343, art. 3

Commencement Information

I4 S. 5 wholly in force at 1.10.2000; s. 5 not in force at Royal Assent see s. 110(2); s. 5(1)-(9) in force at 20.12.2000 by S.I. 2000/3376, art. 2, Sch.; s. 5(10) in force at 20.12.2000 save in respect of Sch. 7 para. 29 by S.I. 2000/3376, art. 2, Sch. (subject to arts. 3-15); s. 5(10) 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)

[F37 5XA Laying of accounts before Scottish Parliament [F38 , Senedd Cymru or the Northern Ireland Assembly] U.K.

(1) The Comptroller and Auditor General must send to the Authority, in respect of each of its accounting years, a copy of the certified accounts and report of the Authority no later than 15th January of the financial year following that to which the accounts relate.

(2) The Authority must send to the Scottish Ministers [F39 and the Welsh Ministers], in respect of each of its accounting years, a copy of the certified accounts and report of the Authority no later than 31st January of the financial year following that to which the accounts relate.

[F40 (2A) The Authority must send to the Department for the Economy in Northern Ireland, in respect of each of its accounting years, a copy of the certified accounts and report of the Authority no later than 31 January of the financial year following that to which the accounts relate.]

(3) The Scottish Ministers must lay a copy of whatever is sent to them under subsection (2) before the Scottish Parliament.

[F41 (3A) The Welsh Ministers must lay a copy of whatever is sent to them under subsection (2) before the National Assembly for Wales.]

[F42 (3B) The Department for the Economy in Northern Ireland must lay a copy of whatever is sent to it under subsection (2A) before the Northern Ireland Assembly.]

[F43 (4) In subsections (1) to (3) “certified accounts and report” means those accounts certified under sections 5 and 7 of the Government Resources and Accounts Act 2000, and the report issued by the Comptroller and Auditor General under section 6(3)(a) of that Act.]]

Textual Amendments

F37 S. 5XA inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 64(3), 72(7)

F38 Words in s. 5XA heading substituted (26.12.2023) by Energy Act 2023 (c. 52), s. 334(3)(a), Sch. 5 para. 4(a)

F39 Words in s. 5XA(2) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 66(3)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(m)

F40 S. 5XA(2A) inserted (26.12.2023) by Energy Act 2023 (c. 52), s. 334(3)(a), Sch. 5 para. 4(b)

F41 S. 5XA(3A) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 66(3)(c), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(m)

F42 S. 5XA(3B) inserted (26.12.2023) by Energy Act 2023 (c. 52), s. 334(3)(a), Sch. 5 para. 4(c)

F43 S. 5XA(4) substituted (26.12.2023) by Energy Act 2023 (c. 52), s. 334(3)(a), Sch. 5 para. 4(d)

F44 5ZA Report on activities as designated regulatory authority U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44 S. 5ZA 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), 65; 2020 c. 1, Sch. 5 para. 1(1)

[F45 5A Duty of Authority to carry out impact assessment U.K.

(1) This section applies where—

(a) the Authority is proposing to do anything for the purposes of, or in connection with, the carrying out of any function exercisable by it under or by virtue of Part 1 of the 1986 Act or Part 1 of the 1989 Act [F46 , Part 1 of the 1989 Act or Part 8 of the Energy Act 2023]; and

(b) it appears to it that the proposal is important;

but this section does not apply if it appears to the Authority that the urgency of the matter makes it impracticable or inappropriate for the Authority to comply with the requirements of this section.

(2) A proposal is important for the purposes of this section only if its implementation would be likely to do one or more of the following—

(a) involve a major change in the activities carried on by the Authority;

(b) have a significant impact on persons engaged in the shipping, transportation or supply of gas conveyed through pipes or in the generation, transmission, distribution or supply of electricity [F47 or in the provision of smart meter communication services (in respect of electricity meters or gas meters)];

(c) have a significant impact on persons engaged in commercial activities connected with the shipping, transportation or supply of gas conveyed through pipes or with the generation, transmission, distribution or supply of electricity;

[F48 (ca) have a significant impact on the carrying out by the Independent System Operator and Planner (within the meaning of Part 5 of the Energy Act 2023) of any of its functions;

(cb) have a significant impact on the carrying out by a code manager (within the meaning of Part 6 of the Energy Act 2023) of its functions—

(i) in relation to a designated gas licence document, or

(ii) in relation to a designated electricity licence document;

(cc) have a significant impact on persons engaged in—

(i) the operation or maintenance of, or the supply of heating, cooling or hot water by means of, relevant heat networks (as defined in section 216 of the Energy Act 2023), or

(ii) commercial activities connected with an activity mentioned in sub-paragraph (i);]

(d) have a significant impact on the general public in Great Britain or in a part of Great Britain; or

(e) have significant effects on the environment.

(3) Before implementing its proposal, the Authority must either—

(a) carry out and publish an assessment of the likely impact of implementing the proposal; or

(b) publish a statement setting out its reasons for thinking that it is unnecessary for it to carry out an assessment.

(4) An assessment carried out under this section must—

(a) include an assessment of the likely effects on the environment of implementing the proposal; and

(b) relate to such other matters as the Authority considers appropriate.

(5) In determining the matters to which an assessment under this section should relate, the Authority must have regard to such general guidance relating to the carrying out of impact assessments as it considers appropriate.

(6) An assessment carried out under this section may take such form as the Authority considers appropriate.

(7) Where the Authority publishes an assessment under this section—

(a) it must provide an opportunity of making representations to the Authority about its proposal to members of the public and other persons who, in the Authority’s opinion, are likely to be affected to a significant extent by the proposal’s implementation;

(b) the published assessment must be accompanied by a statement setting out how representations may be made; and

(c) the Authority must not implement its proposal unless the period for making representations about the proposal has expired and it has considered all the representations that were made in that period.

(8) Where the Authority is required (apart from this section)—

(a) to consult about a proposal to which this section applies, or

(b) to give a person an opportunity of making representations about it,

the requirements of this section are in addition to, but may be performed contemporaneously with, the other requirements.

(9) Every report under section 5(1) must set out—

(a) a list of the assessments under this section carried out during the financial year to which the report relates; and

(b) a summary of the decisions taken during that year in relation to proposals to which assessments carried out in that year or previous financial years relate.

(10) The publication of anything under this section must be in such manner as the Authority considers appropriate for bringing it to the attention of the persons who, in the Authority’s opinion, are likely to be affected if its proposal is implemented.

(11) References in sections 4AA, 4AB and 4A of the 1986 Act to functions of the Authority under Part 1 of that Act include references to any functions of the Authority under this section that are exercisable in relation to a proposal to do anything for the purposes of, or in connection with, the carrying out of any function of the Authority under Part 1 of the 1986 Act.

(12) References in sections 3A, 3B and 3C of the 1989 Act to functions of the Authority under Part 1 of that Act include references to any functions of the Authority under this section that are exercisable in relation to a proposal to do anything for the purposes of, or in connection with, the carrying out of any function of the Authority under Part 1 of the 1989 Act.]

Textual Amendments

F45 S. 5A inserted (30.12.2003) by Sustainable Energy Act 2003 (c. 30), ss. 6, 9(8)

F46 Words in s. 5A(1)(a) substituted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 5(3)(a); S.I. 2024/957, reg. 2(a)

F47 Words in s. 5A(2)(b) inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 30(2)

F48 S. 5A(2)(ca)-(cc) inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 5(3)(b); S.I. 2024/957, reg. 2(a)

Modifications etc. (not altering text)

C2 S. 5A(1)-(10) modified (30.4.2024) by Smart Meters Act 2018 (c. 14), ss. 12(9)(10), 14(3); S.I. 2024/465, reg. 2(b)

6 Publication of advice and information about consumer matters. E+W+S

(1) For section 35 of the 1986 Act (publication by Director of information and advice) there is substituted—

“35 Publication of advice and information about consumer matters.

(1) If it appears to the Authority that the publication of any advice and information would promote the interests of consumers in relation to gas conveyed through pipes, the Authority may publish that advice or information in such manner as it thinks fit.

(2) In publishing advice or information under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.

(3) Before deciding to publish under this section any advice or information relating to a particular individual or body of persons the Authority shall consult that individual or body.

(4) In this section “consumers” includes both existing and future consumers.”

(2) For subsections (1) and (2) of section 48 of the 1989 Act (publication by Director of information and advice) there is substituted—

“(1) If it appears to the Authority that the publication of any advice and information would promote the interests of consumers in relation to electricity conveyed by distribution systems, the Authority may publish that advice or information in such manner as it thinks fit.

(2) In publishing advice or information under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.

(2A) Before deciding to publish under this section any advice or information relating to a particular individual or body of persons the Authority shall consult that individual or body.”

(3) After subsection (3) of that section there is inserted—

“(4) In this section “consumers” includes both existing and future consumers.”

Commencement Information

I5 S. 6 wholly in force at 20.12.2000, see s. 102(2)(3) and S.I. 2000/3343, art. 2, Sch. (subject to arts. 3-15)

F49 7 Co-operation between Authority and Council. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 S. 7 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(5) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

8 Payments by licence holders relating to new arrangements. E+W+S

(1) In this section “payment conditions” means—

(a) in relation to a gas licence, conditions included in the licence by virtue of section 7B(4)(c) of the 1986 Act; or

(b) in relation to an electricity licence, conditions included in the licence by virtue of section 7(1)(b) of the 1989 Act.

(2) The payment conditions of a gas licence or an electricity licence may (without prejudice to the generality of the provisions mentioned in subsection (1)) require the payment by the licence holder of sums[F50 —

( a)] relating to any of the expenses mentioned in subsection (3) [F51 or (3A)][F52 , or

(b) relating to such amounts as the Secretary of State considers reasonable in respect of the provision, in or as regards Scotland, of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, in relation to gas and electricity consumers]

(3) [F53 The expenses within this subsection] are—

(a) the expenses of the [F54 Gas and Electricity Consumer Council]; and

F55 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F56 (3A) The expenses within this subsection are—

F57 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F58 (ba) the appropriate proportion of the expenses of Citizens Advice (including expenses relating to taking on functions transferred from the National Consumer Council but not including expenses within paragraph (ca));

F59 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(c) any expenses of F60 ... 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;

[F61 (ca) the appropriate proportion of the expenses of Citizens Advice which relate to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011;

F59 (cb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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

[F62 (da) the appropriate proportion of the expenses of the Secretary of State which relate to the abolition of the National Consumer Council and the transfer of functions to Citizens Advice and Citizens Advice Scotland;

(db) the appropriate proportion of the expenses of the Secretary of State which relate to the transfer of functions and the conferring of functions on Citizens Advice and Citizens Advice Scotland 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/…);

(dc) the appropriate proportion of the expenses of the Secretary of State which relate to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011;]

F63 ( e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the appropriate proportion of the expenses of [F64 Citizens Advice F65 ...] on, or in connection with, the support of [F66 any qualifying public consumer advice 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 [F67 subsection (3A)(ba), F68 ... (ca)F68 ... or (db)], the functions exercisable by [F69 Citizens Advice or Citizens Advice Scotland, as the case may be,] in relation to gas and electricity consumers, F70 ...

[F71 (aa) in the case of expenses within subsection (3A)(da) or (dc), the functions exercised by the National Consumer Council in relation to gas and electricity consumers, and]

(b) in the case of expenses within subsection (3A)(f), the functions under [F72 the qualifying consumer advice scheme] which are exercisable in relation to gas and electricity consumers.]

[F73 (3C) A qualifying public consumer advice scheme is a scheme that is supported by Citizens Advice F74 ... in a manner that the [F75 Competition and Markets Authority] is prohibited from using by section 8A of the Enterprise Act 2002.]

(4) The Authority may, in accordance with this section, modify any payment conditions of a gas licence or an electricity licence where the Authority considers it necessary or expedient to do so in consequence of, or of preparations for—

F76 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F77 (b) the abolition of the Gas and Electricity Consumer Council.]

[F78 (c) the abolition of the National Consumer Council, or

(d) the conferring of functions which are exercisable in relation to gas and electricity consumers on Citizens Advice or Citizens Advice Scotland 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/...).]

[F79 (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).]

(6) Before modifying the conditions of a licence [F80 or any code or agreement] under subsection (4) or (5) the Authority shall consult the licence holder.

F81 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F82 (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.]

(9) The Secretary of State may give directions to the Authority for the purpose of securing that sums relating to any of the expenses mentioned in subsection (3) [F83 or (3A)] [F84 or to amounts mentioned in subsection (2)(b)] are included in the sums payable by virtue of payment conditions in gas licences and electricity licences; and the Authority shall comply with any such direction.

[F85 ( 10) For the purposes of this section—

• F86 ...

• F86 ...

• “ 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. ]

Textual Amendments

F50 Words in s. 8(2) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 50(10)(a), 72(7)

F51 Words in s. 8(2) inserted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(2) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.

F52 S. 8(2)(b) and word inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 50(10)(b), 72(7)

F53 Words in s. 8(3) substituted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(3)(a) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.

F54 Words in s. 8(3)(a) substituted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(3)(b) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.

F55 S. 8(3)(b) repealed (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(3)(c), Sch. 8 (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.

F56 S. 8(3A) - (3B) inserted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(4) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.

F57 S. 8(3A)(a)(b) 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(6)(a)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F58 S. 8(3A)(ba)(bb) 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(6)(a)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F59 S. 8(3A)(bb)(cb) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 50(11)(a), 72(7)

F60 Words in s. 8(3A)(c) 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(6)(a)(iii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F61 S. 8(3A)(ca)(cb) 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(6)(a)(iv) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F62 S. 8(3A)(da)-(dc) 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(6)(a)(v) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F63 S. 8(3A)(e) omitted (28.3.2013) by virtue of The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 5(2)

F64 Words in s. 8(3A)(f) substituted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 5(3)(a)

F65 Words in s. 8(3A)(f) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 50(11)(b), 72(7)

F66 Words in s. 8(3A)(f) substituted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 5(3)(b)

F67 Words in s. 8(3B)(a) substituted (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(6)(b)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F68 Words in s. 8(3B)(a) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 50(11)(c), 72(7)

F69 Words in s. 8(3B)(a) substituted (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(6)(b)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F70 Word in s. 8(3B)(a) 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(6)(b)(iii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F71 S. 8(3B)(aa) 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(6)(b)(iv) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F72 Words in s. 8(3B)(b) substituted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 5(4)

F73 S. 8(3C) inserted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 5(5)

F74 Words in s. 8(3C) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 50(11)(d), 72(7)

F75 Words in s. 8(3C) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 145 (with art. 3)

F76 S. 8(4)(a) 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(6)(c)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F77 S. 8(4)(a)(b) substituted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(5) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.

F78 S. 8(4)(c)(d) 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(6)(c)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F79 S. 8(5) substituted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(6) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.

F80 Words in s. 8(6) inserted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(7) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.

F81 S. 8(7) repealed (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(8), Sch. 8 (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.

F82 S. 8(8) substituted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(9) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.

F83 Words in s. 8(9) inserted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(10) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.

F84 Words in s. 8(9) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 50(12), 72(7)

F85 S. 8(10) inserted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(11) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.

F86 Words in s. 8(10) 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(6)(d) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

Commencement Information

I6 S. 8 wholly in force at 20.12.2000, see s. 102(2)(3) and S.I. 2000/3343, art. 2, Sch. (subject to arts. 3-15)