Competition and Service (Utilities) Act 1992

Gas supply E+W+S

37 The 25,000 therm limits. E+W+S

The following section shall be inserted in the M1 Gas Act 1986 after section 8—

“8A Modification or removal of the 25,000 therm limits.

(1) The Secretary of State may by order amend section 4(2)(d) or 8(5)(b) above or section 10(5) or 14(3) or (4)(b) below by substituting—

(a) where the limit is for the time being expressed by reference to a number of therms—

(i) such lower number of therms as he considers appropriate; or

(ii) such lower limit, expressed by reference to a number of kilowatt hours, as he considers appropriate; or

(b) where the limit is for the time being expressed by reference to a number of kilowatt hours, such lower number of kilowatt hours as he considers appropriate.

(2) An order under subsection (1) above may be made so as to provide for the number specified in one provision to differ from that for the time being specified in any of the other provisions.

(3) If the Secretary of State considers that it is appropriate to remove the limit for the time being specified in sections 4(2)(d) and 8(5)(b) above and section 14(3) and (4)(b) below he may make an order repealing—

(a) in section 4(2)(d) above, the words from “at rates” to the end;

(b) section 8(5) above;

(c) in section 14(3) below, the words from “but this subsection” to the end; and

(d) in section 14(4) below, the words from “if either” to the end.

(4) Before making any order under this section, the Secretary of State shall consult the Director.”

Commencement Information

I1 S. 37 wholly in force at 30.5.1992 see s. 56(2) and Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 2.

Marginal Citations

M1 1986 c. 44.

38 Conveyance and storage of gas. E+W+S

(1) In section 4 of the Gas Act 1986 (general duties of Secretary of State and Director General of Gas Supply), the following subsection shall be inserted after subsection (1)—

“(1A) In relation to the conveyance and storage of gas the Secretary of State and the Director shall, in addition, each have a duty to exercise the functions assigned to him by this Part in the manner which he considers is best calculated to secure effective competition between persons whose business consists of or includes the supply of gas.”

(2) In section 7(7)(a) of the Act of 1986 (inclusion of conditions in authorisation of public gas supplier) the words “relating to the supply of gas, or requiring information to be furnished to the Director or published” shall be omitted.

(3) In section 19 of the Act of 1986 (acquisition of rights to use pipe-lines), subsection (8) shall be omitted.

(4) In section 24 of the Act of 1986 (modification of authorisation on reference to Monopolies and Mergers Commission), for paragraph (a) of subsection (1) there shall be substituted—

“(a) whether any matters which relate to—

(i) the supply of gas by a public gas supplier to tariff customers, or

(ii) the conveyance or storage of gas by any public gas supplier,

and which are specified in the reference operate, or may be expected to operate, against the public interest; and”.

(5) In section 27 of the Act of 1986 (modification of authorisation by order under section 56 of the Fair Trading Act 1973 or section 10 of the Competition Act 1980), after the words “supply of gas through pipes”, in paragraphs (a) and (c), there shall in each case be inserted “ or the conveyance or storage of gas by a public gas supplier ”.

Commencement Information

I2 S. 38 wholly in force at 1.7.1992 see s. 56(2) and Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I.