Gas Act 1986 (c. 44)

Part III U.K. Miscellaneous and General

F1 62 Exclusion of certain agreements from Restrictive Trade Practices Act 1976. U.K.

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

Textual Amendments

F1 S. 62 repealed (1.3.2005) by The Competition Act 1998 (Transitional, Consequential and Supplemental Provisions) Order 2000 (S.I. 2000/311), arts. 1, 18

F2 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 S. 63 repealed (1.3.1996) by 1995 c. 45, ss. 11(6), 17(5), Sch. 6 (with Sch. 5 Pt. II para. 23); S.I. 1996/218, art. 2

64 Provisions as to orders. E+W+S

(1) Any power conferred on the Secretary of State by this Act to make orders shall be exercisable by statutory instrument.

(2) Any statutory instrument containing an order under this Act, other than an order appointing a day or an order under section [F3 23, 30A, 33BC, 41A, 41C]. . ., 49(2) or 57(2) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F3 Words in s. 64(2) inserted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 21; S.I. 2001/3266, arts. 1(2), 2 Sch. (subject to transitional provisions in arts. 3-20)

[F4 64A Extraterritorial operation of Act U.K.

(1) Where by virtue of this Act an act or omission taking place outside Great Britain constitutes an offence, proceedings for the offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Great Britain.

(2) Provision made by or under this Act in relation to places outside Great Britain—

(a) so far as it applies to individuals, applies to them whether or not they are British citizens; and

(b) so far as it applies to bodies corporate, applies to them whether or not they are incorporated under the law of a part of the United Kingdom.]

Textual Amendments

F4 S. 64A inserted (14.8.2006) by Energy Act 2004 (c. 20), ss. 153, 198(2); S.I. 2006/1964, art. 2, Sch.

65 Financial provisions. E+W+S

There shall be paid out of money provided by Parliament any administrative expenses incurred by the Secretary of State in consequence of the provisions of this Act and any increase attributable to this Act in the sums payable out of money so provided under any other Act.

66 General interpretation. U.K.

In this Act, unless the context otherwise requires—

• “the 1972 Act ” means the M1 Gas Act 1972;

• “the appointed day ” has the meaning given by section 3 above;

• [F5 “the Authority” means the Gas and Electricity Markets Authority;]

• “contravention ”, in relation to any direction, condition, requirement, regulation or order, includes any failure to comply with it and cognate expressions shall be construed accordingly;

• “the Corporation ” means the British Gas Corporation;

• [F6 “the Council” means the National Consumer Council; ]

• F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “modifications ” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;

• “subordinate legislation ” has the same meaning as in the M2 Interpretation Act 1978;

• “the successor company ” has the meaning given by section 49(1) above;

• “the transfer date ” has the meaning given by section 49(1) above;

• “the transitional period ” has the meaning given by section 57(1) above.

Textual Amendments

F5 Definition of “the Authority ” in s. 66 inserted (20.12.2000) by 2000 c. 27 s. 108, Sch. 6 Pt. I para. 22(a); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)

F6 Words in s. 66 substituted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 30(4)(a), 66(2) (with s. 6(9), Sch. 3); S.I. 2008/2550, art. 2, Sch.

F7 Definition of “the Director ” in s. 66 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)

Marginal Citations

M1 1972 c. 60.

M2 1978 c. 30.

67 Amendments, transitional provisions, savings and repeals. U.K.

(1) The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).

(2) The Secretary of State may by order make such consequential modifications of any provision contained in any Act (whether public general or local) passed, or in subordinate legislation made, before the appointed day as appear to him necessary or expedient in respect of—

(a) any reference in that Act or subordinate legislation to the Corporation;

(b) any reference (in whatever terms) in that Act or subordinate legislation to a person carrying on a gas undertaking or to such an undertaking; or

(c) any reference in that Act or subordinate legislation to any enactment repealed by this Act.

(3) The transitional provisions and savings contained in Schedule 8 to this Act shall have effect; but those provisions and savings are without prejudice to sections 16 and 17 of the M3 Interpretation Act 1978 (effect of repeals).

(4) The enactments mentioned in Schedule 9 to this Act (which include some which are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

Marginal Citations

M3 1978 c. 30.

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

(1) This Act may be cited as the Gas Act 1986.

(2) The following provisions of this Act, namely—

• Part I except sections 1 and 2;

• section 66;

• section 67(1) and Schedule 7;

• section 67(2);

• Part I of Schedule 8 and section 67(3) so far as relating to that Part; and

• Part I of Schedule 9 and section 67(4) so far as relating to that Part,

shall come into force on the appointed day.

(3) The following provisions of this Act, namely—

• Part II;

• Part II of Schedule 8 and section 67(3) so far as relating to that Part; and

• Part II of Schedule 9 and section 67(4) so far as relating to that Part,

shall come into force on the transfer date.

(4) Part III of Schedule 9 and section 67(4) so far as relating to that Part shall come into force on the dissolution of the Corporation.

(5) Subject to subsections (2) to (4) above, this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or for different purposes.

(6) This Act, except this section and the following provisions, namely—

• sections 49 and 50;

• section 58;

• sections 62 and 63;

• section 66;

• paragraph 7 of Schedule 1 and section 1(5) so far as relating to that paragraph;

• paragraph 8 of Schedule 2 and section 2(5) so far as relating to that paragraph;

• paragraphs 15, 23 and 28 of Schedule 7 and section 67(1) so far as relating to those paragraphs; and

• paragraph 27 to 31 of Schedule 8 and section 67(3) so far as relating to those paragraphs; and

• Schedule 9 and section 67(4) so far as relating to the repeal of section 33(2) of the 1972 Act and the repeals in the M4 House of Commons Disqualification Act 1975,

does not extend to Northern Ireland.

Modifications etc. (not altering text)

C1 Power of appointment conferred by s. 68(5) fully exercised: S.I. 1986/1315, 1809

Marginal Citations

M4 1975 c. 24.