Utilities Act 2000

Part I New regulatory arrangements

1 Gas and Electricity Markets Authority.

2 Gas and Electricity Consumer Council.

3 Transfer to Authority ... of functions, property etc.

3ADesignation of Authority as regulatory authority for Great Britain

4 Forward work programmes.

4AInformation in relation to strategy and policy statement

5 Annual and other reports of Authority.

5ZAReport on activities as designated regulatory authority

5ADuty of Authority to carry out impact assessment

6 Publication of advice and information about consumer matters.

7 Co-operation between Authority and Council.

8 Payments by licence holders relating to new arrangements.

Part II Objectives of regulation of gas and electricity

9 Objectives and duties under 1986 Act.

10 Guidance on social and environmental matters in relation to gas.

11 Health and safety in relation to gas.

12 Exceptions from the general duties under 1986 Act.

13 Objectives and duties under 1989 Act.

14 Guidance on social and environmental matters in relation to electricity.

15 Health and safety in relation to electricity.

16 Exceptions from the general duties under 1989 Act.

Part III Functions of the Council

17 Preliminary.

18 Acquisition and review of information.

19 Provision of advice and information to public authorities and other persons.

20 Provision of information to consumers.

21 Power to publish advice and information about consumer matters.

23Investigations.

24 Provision of information to Council.

25 Publication of notice of reasons.

26 Provision of information by Council to Authority.

27 Sections 24 to 26: supplementary.

Part IV Amendment of the Electricity Act 1989

Electricity licensing

28 Prohibition on unlicensed distribution of electricity.

29 Exemptions from electricity licensing.

30 Licences authorising supply etc. of electricity.

31 Enactments referring to public electricity suppliers.

32 Electricity licence conditions.

33 Standard conditions of electricity licences.

34 Modification of conditions of particular licence.

35 Modification of standard conditions of licences.

36 Electricity licence modification references.

37 Reports on modification references.

38 Modification following report.

39 Competition Commission’s power to veto modifications.

40 Modification by order under other enactments.

41 Transfer of electricity licences.

42 Reasons for decisions under 1989 Act.

43 Altering activities requiring electricity licence.

Duties of electricity distributors

44 Duty to connect on request.

45 Abolition of tariffs.

46 Power to recover expenditure.

47 Power to require security.

48 Additional terms of connection.

49 Special agreements with respect to connection.

50 General duties of electricity distributors.

Electricity code and metering

51 The electricity code.

52 Amendment of Schedule 7 to 1989 Act.

Powers of electricity licence holders

53 Powers of electricity licence holders.

Electricity performance standards

54 Standards of performance in individual cases.

55 Overall standards of performance.

56 Standards of performance: procedures.

57 Information with respect to levels of performance.

58 Information to be given to customers.

Enforcement of obligations

59 Financial penalties.

60 Licence enforcement.

Remuneration and service standards

61 Links between directors’ remuneration and electricity service standards.

Electricity from renewable sources

62 Obligation in connection with electricity from renewable sources.

63 Orders under section 32: supplementary.

64 Green certificates.

65 Alternative way of discharging renewables obligation: payments.

66 Abolition of fossil fuel levy.

67 Supplementary.

68 Modification of licences: electricity trading arrangements.

69 Help for disadvantaged groups of electricity customers.

70 Energy efficiency requirements for electricity distributors and suppliers.

71 General duties of transmission licence holders in Scotland.

72 Uniform prices etc. in certain areas of Scotland.

73 Maximum prices for reselling electricity.

Part V Amendment of the Gas Act 1986

74 Gas licence conditions.

75 Exceptions from section 5 of 1986 Act.

76 Gas transporters.

77 Restriction on use of certain pipe-lines for providing a supply of gas.

78 Construction of pipe-lines by gas transporters.

79 Duty to facilitate competition.

80 Gas transporters’ duty to make a connection.

81 Standard conditions of gas licences.

82 Modification of standard conditions of gas licences.

83 Modification following Competition Commission report.

84 The gas code.

85 Transfer of gas licences.

86 Exemptions from gas licensing.

87 Reasons for decisions under 1986 Act.

88 Altering activities requiring gas licence.

Gas performance standards

89 Repeal of section 10(2) to (5) of Gas Act 1995.

90 Standards of performance in individual cases.

91 Overall standards of performance.

92 Standards of performance: procedures.

93 Information with respect to levels of performance.

94 Information to be given to customers.

Enforcement of obligations

95 Financial penalties.

96 Licence enforcement.

Remuneration and service standards

97 Links between directors’ remuneration and gas service standards.

98 Help for disadvantaged groups of gas customers.

99 Energy efficiency requirements for gas transporters and suppliers.

100 Exercise of powers to make regulations.

101 Standards of gas quality.

102 Maximum prices for reselling gas.

Part VI Miscellaneous and Supplementary

103 Overall carbon emissions reduction targets.

103AOverall home-heating cost reduction targets

103B Power of Secretary of State to require information: carbon emissions reduction targets and home-heating cost reduction targets

104 Specialist members of the Competition Commission.

105 General restrictions on disclosure of information.

105ARestrictions on disclosure in respect of cross-border exchanges of information

106 Interpretation.

107 Financial provisions.

108 Amendments, transitional provisions and repeals.

109 Power to make transitional provision etc.

110 Short title, commencement and extent.

SCHEDULE 1 The Gas and Electricity Markets Authority

1(1) The Authority shall consist of a chairman, and no...

Terms of appointment, remuneration, pensions etc.

2(1) Subject to this Schedule, the chairman and other members...

2AA person holding office as chairman or other member must...

3(1) An appointment of a person to hold office as...

4(1) The Authority shall pay to the chairman and other...

5The Authority may, with the approval of the Minister for...

6(1) The Authority may establish committees and any committee of...

Proceedings etc.

7(1) The Authority may regulate its own procedure (including quorum)....

8(1) The application of the seal of the Authority to...

Performance of functions

9(1) Anything authorised or required to be done by the...

10The Statutory Instruments Act 1946 shall apply to any power...

Supplementary powers

11(1) The Authority has power to do anything which is...

SCHEDULE 2 The Gas and Electricity Consumer Council

Membership of Council

1(1) The Council shall consist of a chairman and such...

2(1) A person holding office as chairman or other member...

Terms of appointment, remuneration, pensions et ceteralaetc.

3The Council shall pay to the chairman and other members...

4(1) If the Secretary of State so determines in the...

5(1) The Council shall, with the approval of the Secretary...

6(1) As soon as practicable after the end of each...

Financial provisions and accounts

7It shall be the duty of the Council to comply...

8(1) The Council shall prepare, in respect of each financial...

9The Secretary of State shall pay to the Council such...

Regional and other committees and sub-committees

10The Council may establish committees (in addition to the regional...

11(1) The Council shall not establish or abolish a regional...

12(1) A regional or other committee of the Council shall...

13The Council may pay to the chairman and other members...

14(1) If the Secretary of State so determines in the...

Performance of functions of the Council

15Anything authorised or required to be done by the Council...

16The validity of anything done by the Council is not...

Supplementary powers

17(1) The Council shall have power to do anything which...

SCHEDULE 3 Further provision about transfers of functions, property etc.

1In this Schedule— “transfer” means— a transfer of functions under...

Contents of transfer schemes

2(1) The property, rights and liabilities which may be transferred...

3A transfer scheme may define the property, rights and liabilities...

4A transfer scheme may include such supplementary, incidental, transitional and...

Modification of transfer scheme after appointed day

5(1) If, after the day appointed by a transfer scheme,...

Effect of transfers

6(1) Anything done by the transferor for the purpose of...

7There may be continued by or in relation to the...

8The transferee shall be substituted for the transferor in any...

Continuity of employment, etc. of transferred employees

9(1) Where a person employed in the civil service of...

SCHEDULE 4 Schedule to be substituted for Schedule 6 to the 1989 Act

SCHEDULE 5 Electricity metering

1Schedule 7 to the 1989 Act (use etc. of electricity...

2(1) For the expression “electricity supplier” in each place it...

3(1) Paragraph 1 (consumption to be ascertained by appropriate meter)...

4In paragraph 3 (offences relating to use of meter), after...

5In paragraph 5(3) (certification without examination or testing of certain...

6In paragraph 6 (apparatus for testing etc. meters)—

7In paragraph 10 (meters to be kept in proper order)—...

8In paragraph 12 (pre-payment meters) for sub-paragraph (2) there is...

SCHEDULE 6 Minor and consequential amendments

Part I Gas Act 1986

1The Gas Act 1986 is amended as follows.

2(1) In the following provisions, for “public gas transporter”, in...

3In section 5 (prohibition on unlicensed activities), in subsection (1)(a)...

4In section 7 (licensing of public gas transporters), in subsections...

5In section 7B (general provisions about licences), subsection (4)(d) (which...

6In section 7B(9)— (a) in paragraph (b)—

7In section 15A (billing disputes)— (a) for “domestic customer” (in...

8(1) Section 24 (modification references to Competition Commission) is amended...

9 Minor and consequential amendments

10In section 27A(1) (determination of certain disputes) for “domestic customer”...

11In section 28(5)(a) (circumstances in which the Authority may not...

12In section 28 (orders for securing compliance with certain provisions),...

13In section 33A (standards of performance in individual cases)—

14In section 33C (information with respect to levels of performance),...

15Section 33E (procedures for dealing with complaints) shall cease to...

16In section 36(2) (keeping of register), in paragraph (c)—

17In section 38 (power to require information etc.)—

18In section 46(3), for “his authorised area” there is substituted...

19In section 48(1) (interpretation of Part I)—

20In section 62, after subsection (2A) there is inserted—

21In section 64(2) (orders) after “section” there is inserted “...

22In section 66 (interpretation)— (a) after the definition of “the...

23In Schedule 2B (the gas code), in paragraph 8—

Part II Electricity Act 1989

24The Electricity Act 1989 is amended as follows.

25In section 12(7) (matters to which the Competition Commission is...

26(1) Section 23 (determination of disputes) is amended as follows....

27In section 25(5)(a) (circumstances in which the Authority may not...

28In section 25 (orders for securing compliance with certain provisions),...

29(1) Section 28 (power to require information etc.) is amended...

30(1) Section 29 (regulations relating to supply and safety of...

31(1) Section 30 (electrical inspectors) is amended as follows.

32In section 39 (standards of performance in individual cases)—

33In section 40 (overall standards of performance)—

34In section 42 (information with respect to levels of performance)—...

35Section 42B (procedures for dealing with complaints) shall cease to...

36(1) Section 44A (billing disputes) is amended as follows.

37In section 59 (making of false statements etc.) in subsection...

38(1) Section 64(1) (interpretation of Part I) is amended as...

39In section 106(2) (regulations and orders), in paragraph (b), after...

40In section 111(1) (interpretation)— (a) after the definition of “Area...

Part III Other Acts

Rights of Entry (Gas and Electricity Boards) Act 1954 (c. 21)

41(1) The Rights of Entry (Gas and Electricity Boards) Act...

Public Records Act 1958 (c. 51)

42 Minor and consequential amendments

Parliamentary Commissioner Act 1967 (c. 13)

43In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

Superannuation Act 1972 (c. 11)

44(1) In Schedule 1 to the Superannuation Act 1972, in...

House of Commons Disqualification Act 1975 (c. 24)

45In Part II of Schedule 1 to the House of...

Bankruptcy (Scotland) Act 1985 (c. 66)

46In section 70 of the Bankruptcy (Scotland) Act 1985 (supplies...

Insolvency Act 1986 (c. 45)

47(1) The Insolvency Act 1986 is amended as follows.

SCHEDULE 7 Transitional provisions and savings

Part I Separation of electricity supply and distribution

Application and purpose of Part I

1(1) This paragraph applies to any holder of an existing...

Nominations and transfer schemes

2(1) Before such date as the Secretary of State may...

3(1) If the supplier is a supplier to whom paragraph...

4The Secretary of State may, on the application of a...

Secretary of State’s powers in relation to transfer schemes

5(1) A transfer scheme shall not take effect unless it...

Effect of transfer scheme

6(1) Subject to the provisions of paragraph 7, on the...

Supplementary provisions as to transfers

7(1) The provisions of Schedule 10 to the 1989 Act...

Shares issued in pursuance of a transfer scheme

8Any shares issued to the supplier or to an associate...

Statutory accounts

9(1) This paragraph has effect for the purposes of any...

Consequential modifications of rating provisions

10(1) This paragraph applies where any transfer effected by paragraph...

11In this Part of this Schedule— “effective date” has the...

12(1) For the purposes of this Part of this Schedule...

Part II Secretary of State’s licensing schemes

Existing electricity supply licences

13(1) This paragraph applies to any holder of an existing...

14(1) The Secretary of State shall as soon as practicable...

15(1) The Secretary of State shall as soon as practicable...

16(1) The Secretary of State shall as soon as practicable...

17(1) Subject to sub-paragraph (2), a scheme under paragraph 13,...

Existing generation and transmission licences

18(1) The Secretary of State may, before the day on...

Existing gas licences

19(1) The Secretary of State may, before the day on...

Effect of licensing schemes

20(1) On the day on which a scheme under this...

Provision of information by licence holders

21(1) It shall be the duty of each holder of...

Consultation by Secretary of State

22The Secretary of State shall not exercise any function conferred...

Part III Former tariff customers

23(1) This paragraph applies where immediately before the commencement date...

Part IV Other transitional provisions and savings

Compensation for members of abolished consumer bodies

24 Other transitional provisions and savings

Consultation by Council before establishing regional committees

25 Other transitional provisions and savings

First financial years of Authority and Council

26(1) In this paragraph “the body” means the Authority .......

First forward work programmes of Authority and Council

27The Authority’s first forward work programme required by section 4(1)...

28 Other transitional provisions and savings

Last annual reports of the Directors

29(1) After the abolition of the offices of Director General...

Last annual report of the Gas Consumers’ Council

30 Other transitional provisions and savings

Investigations being carried out under the 1986 Act

31 Other transitional provisions and savings

Investigations being carried out under the 1989 Act

32 Other transitional provisions and savings

SCHEDULE 8 Repeals

Royal arms

Utilities Act 2000

2000 CHAPTER 27

An Act to provide for the establishment and functions of the Gas and Electricity Markets Authority and the Gas and Electricity Consumer Council; to amend the legislation regulating the gas and electricity industries; and for connected purposes.

[28th July 2000]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—