The Electricity and Gas (Energy Company Obligation) Order 2018

Statutory Instruments

2018 No. 1183

Electricity

Gas

The Electricity and Gas (Energy Company Obligation) Order 2018

Made

12th November 2018

Coming into force in accordance with article 1

The Secretary of State makes this Order in exercise of the powers conferred by section 33BD of the Gas Act 1986(1), section 41B of the Electricity Act 1989(2), section 103A of the Utilities Act 2000(3) and section 2(2) of the European Communities Act 1972(4), with the agreement of the Scottish Ministers(5).

The Secretary of State is a Minister designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to energy and energy sources(6).

The Secretary of State has consulted the Gas and Electricity Markets Authority, the National Association of Citizens Advice Bureaux, the Scottish Association of Citizens Advice Bureaux, electricity distributors, electricity suppliers, gas transporters, gas suppliers and such other persons as the Secretary of State considers appropriate.

A draft of this instrument has been approved by a resolution of each House of Parliament pursuant to section 33BC(12) of the Gas Act 1986(7), as applied by section 33BD(4) of that Act, section 41A(12) of the Electricity Act 1989(8), as applied by section 41B(4) of that Act, section 103A(6) of the Utilities Act 2000 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972(9).

(1)

1986 c.44. Section 33BD was inserted by section 68 of the Energy Act 2011 (c.16).

(2)

1989 c.29. Section 41B was inserted by section 69 of the Energy Act 2011.

(3)

2000 c.27. Section 103A was inserted by section 70 of the Energy Act 2011 and amended by section 60 of the Scotland Act 2016 (c.11) and S.I. 2014/631. Section 60 of the Scotland Act 2016 was brought into force by S.I. 2017/1157 for the purpose of making orders to come into force not earlier than 1st October 2018.

(4)

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The European Communities Act 1972 is prospectively repealed by the European Union (Withdrawal) Act 2018 (c.16).

(5)

Notwithstanding section 33BDA of the Gas Act 1986 and section 41BA of the Electricity Act 1989, as inserted by section 59 of the Scotland Act 2016, the Secretary of State may, by virtue of section 33BDA(10) of the Gas Act 1986 and section 41BA(10) of the Electricity Act 1989, make provision under section 33BD of the Gas Act 1986 and section 41B of the Electricity Act 1989 for the purposes of obligations imposed under those sections in relation to Scotland, with the agreement of the Scottish Ministers. Section 59 of the Scotland Act 2016 was brought into force by S.I. 2017/1157 for the purpose of making orders to come into force not earlier than 1st October 2018, and comes into force for remaining purposes on 1st October 2018.

(6)

S.I. 2010/761.

(7)

Section 33BC was inserted by section 99 of the Utilities Act 2000 (c.27) and amended by section 15 of, and the Schedule to, the Climate Change and Sustainable Energy Act 2006 (c.19), Schedule 8 to the Climate Change Act 2008 (c.27), section 66 of the Energy Act 2011 (c.16) and S.I. 2014/631.

(8)

Section 41A was inserted by section 70 of the Utilities Act 2000 and amended by section 16 of, and the Schedule to, the Climate Change and Sustainable Energy Act 2006, Schedule 8 to the Climate Change Act 2008, section 67 of, and Schedule 1 to, the Energy Act 2011 and S.I. 2014/631.

(9)

Paragraph 2(2) of Schedule 2 was amended by section 27(2)(a) of the Legislative and Regulatory Reform Act 2006.