Utilities Act 2000

Part VI U.K. Miscellaneous and Supplementary

Miscellaneous U.K.

103 Overall [F1 carbon emissions reduction targets]. U.K.

(1) For the purposes of the exercise by the Authority of its functions under either or both of—

(a) section 33BC of the 1986 Act ([F2 promotion of reductions in carbon emissions:] gas transporters and suppliers) and any order made under that section, and

(b) section 41A of the 1989 Act ([F2 promotion of reductions in carbon emissions:] electricity distributors and suppliers) and any order made under that section,

the Secretary of State may by order specify an overall target for the promotion of [F3 the measures mentioned in subsection (2) of each of those sections].

(2) Where an overall target applies in relation to both sections mentioned in subsection (1), the order specifying the target may make provision for the Authority to apportion the target between—

(a) persons who are gas transporters or gas suppliers (for the purposes of section 33BC of the 1986 Act and any order under that section); and

(b) persons who are electricity distributors or electricity suppliers (for the purposes of section 41A of the 1989 Act and any order under that section),

by reference to such criteria as may be specified in the order.

(3) The Authority shall exercise its functions under the provisions mentioned in subsection (1) in relation to which an overall target applies (and in particular its functions relating to the determination of [F4 carbon emissions reduction targets]) in the manner it considers best calculated to result in the achievement of the overall target.

(4) Before making an order under this section the Secretary of State shall consult the Authority, the Council, gas transporters, gas suppliers, electricity distributors, electricity suppliers, and such other persons as he considers appropriate.

(5) An order under this section shall not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

Textual Amendments

F1 Words in s. 103 substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 7(2); S.I. 2007/538, art. 2

F2 Words in s. 103(1)(a)(b) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 7(3)(a); S.I. 2007/538, art. 2; S.I. 2007/538, art. 2

F3 Words in s. 103(1) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 7(3)(b); S.I. 2007/538, art. 2

F4 Words in s. 103(3) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 7(4); S.I. 2007/538, art. 2

Commencement Information

I1 S. 103 wholly in force at 1.10.2001; s. 103 not in force at Royal Assent see s. 110(2); s. 103 in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

104 Specialist members of the Competition Commission. U.K.

(1) The Secretary of State shall appoint not less than six members of the Competition Commission (“the Commission”) for the purpose of the exercise by the Commission of any function under or by virtue of—

(a) section 24, 26A or 41E of the 1986 Act; F5 ...

(b) section 12, 14A or 56C of the 1989 Act F6 ...

[F7 (c) section 12, 14, 16A, 17K or 17P of the Water Industry Act 1991] [F8 ; or

(d) article 3 or 9 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005. ]

(2) In selecting a group to perform any function of the Commission under or by virtue of any provision mentioned in subsection (1), the chairman of the Commission shall select one or more of the members appointed under subsection (1) to be members of the group.

(3) In paragraph 2(1)(d) of Schedule 7 to the M1 Competition Act 1998 (membership of Commission to include specialist members appointed under gas and electricity legislation), for sub-paragraph (ii) there is substituted—

“(ii) section 104 of the Utilities Act 2000; .”

(4) Section 12(9) and (9A) of the 1989 Act (which are superseded by this section) shall cease to have effect.

(5) The persons who are, immediately before the commencement of this section, members of the Competition Commission by virtue of appointments made under section 12(9) of the 1989 Act shall continue as members of the Commission and their appointments shall be treated as having been made under this section.

(6) Nothing in this section affects any group which has been selected, before the commencement of this section, to perform functions of the Commission in relation to any reference under or by virtue of section 24 of the M2 1986 Act or section 12 of the 1989 Act.

Textual Amendments

F5 Word in s. 104(1)(a) repealed (1.4.2004) by Water Act 2003 (c. 37), ss. 53(1)(a), 105(3), Sch. 9 Pt. 2 (with s. 53(4)); S.I. 2004/641, art. 3(k)(z)

F6 Word in s. 104(1)(b) omitted (11.11.2005) by virtue of Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172), art. 1(1), Sch. para. 4(a)

F7 S. 104(1)(c) and word inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 53(1)(b), 105(3) (with s. 53(4)); S.I. 2004/641, art. 3(k) (with Sch. 3 para. 7)

F8 S. 104(1)(d) and word added (11.11.2005) by Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172), art. 1(1), Sch. para. 4(b)

Modifications etc. (not altering text)

C1 S. 104(1) extended (5.10.2004) by Energy Act 2004 (c. 20), ss. 176(a), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

Commencement Information

I2 S. 104 wholly in force at 16.5.2001; s. 104 not in force at Royal Assent see s. 110(2); s. 104 in force at 16.5.2001 by S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)

Marginal Citations

M1 1998 c. 41.

M2 1986 . 44.

105 General restrictions on disclosure of information. E+W+S

(1) Information which—

(a) has been obtained under or by virtue of the provisions of this Act, Part I of the 1986 Act [F9 , Part 1 of the 1989 Act or section 184(5) or 185(5) of the Energy Act 2004]; and

(b) relates to the affairs of any individual or to any particular business,

shall not be disclosed during the lifetime of the individual or so long as the business continues to be carried on, except as provided below.

(2) Subsection (1) does not apply to a disclosure made with the consent of the individual or the person for the time being carrying on the business.

(3) Subsection (1) does not apply to a disclosure if—

(a) it is made for the purpose of facilitating the performance of any functions of the Secretary of State, the Authority, the Council or the Competition Commission under the 1986 Act, the 1989 Act [F10 , section 184 or 185 of the Energy Act 2004] or this Act;

(b) it is required by a notice under section 38(1A) of the 1986 Act or section 28(2A) of the 1989 Act;

(c) it is made by a licence holder and is required to be made by a condition of his licence; or

(d) it is made by one licence holder to another and is required by that other licence holder for purposes connected with the carrying on of relevant activities.

(4) Subsection (1) does not apply to any disclosure of information made—

(a) for the purpose of facilitating the performance by a person or body mentioned in subsection (5) of any function under an Act or instrument specified in subsection (6);

(b) for the purpose of facilitating the performance by the Comptroller and Auditor General, F11 ...the Health and Safety Executive of any of his or its functions;

(c) for the purpose of facilitating the exercise by the Secretary of State of any power conferred F12 . . . by the enactments relating to companies F12 . . . or insolvency;

(d) for the purpose of facilitating the performance of the functions of an inspector appointed under the enactments relating to companies;

[F13 (da) for the purpose of facilitating the performance by the Secretary of State, the Treasury or the Financial Services Authority of any functions under the Financial Services and Markets Act 2000;

(db) for the purpose of facilitating the discharge of any function by a person appointed under—

(i) section 97 of the financial Services and Markets Act 2000 (investigations into a breach of listing rules etc. ),

(ii) section 167 of that Act (general investigations), or

(iii) section 168 of that Act (investigations in particular cases);]

(e) for the purpose of facilitating the performance by an official receiver of his functions under the enactments relating to insolvency or by a recognised professional body for the purposes of section 391 of the M3 Insolvency Act 1986 of its functions as such a body;

(f) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(g) for the purposes of any civil proceedings brought under or by virtue of the 1986 Act, the 1989 Act, this Act or any Act or instrument specified in subsection (6); or

(h) in pursuance of a Community obligation.

(5) The persons and bodies specified for the purposes of subsection (4)(a) are—

(a) a Minister of the Crown;

(b) the Competition Commission;

[F14 (c) the Office of Fair Trading;]

[F15 (d) the Office of Communications;]

[F16 (e) the Water Services Regulation Authority;]

(f) the Director General of Electricity Supply for Northern Ireland;

(g) the Director General of Gas for Northern Ireland;

(h) the [F17 Office of Rail Regulation];

(i) the Civil Aviation Authority;

(j) the Insolvency Practitioners Tribunal;

(k) the Coal Authority; and

(l) a local weights and measures authority in Great Britain.

F18 (6) The Acts and instruments specified for the purposes of subsection (4)(a) and (g) are—

(a) the M4 Trade Descriptions Act 1968;

(b) the M5 Fair Trading Act 1973;

(c) the M6 Consumer Credit Act 1974;

(d) the M7 Estate Agents Act 1979;

(e) the M8 Competition Act 1980;

(f) the M9 National Audit Act 1983;

(g) the M10 Telecommunications Act 1984;

(h) the M11 Airports Act 1986;

(i) the M12 Insolvency Act 1986;

(j) the M13 Consumer Protection Act 1987;

F19 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) the M14 Water Act 1989, the M15 Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of the Water Industry Act 1991) [F20 or the Water Act 2003 ] [F21 or the Water and Sewerage Services (Northern Ireland) Order 2006 ];

(m) the M16 Electricity (Northern Ireland) Order 1992;

(n) the M17 Railways Act 1993;

(o) the M18 Coal Industry Act 1994;

(p) the M19 Gas (Northern Ireland) Order 1996;

(q) the M20 Competition Act 1998.

[F22 (r) Part I of the Transport Act 2000.]

[F23 (s) the Enterprise Act 2002]

[F18 (t) the Communications Act 2003.]

[F24 (u) the Railways Act 2005.]

[F25 (v) the Business Protection from Misleading Marketing Regulations 2008;

(w) the Consumer Protection from Unfair Trading Regulations 2008.]

(7) The Secretary of State may by order modify subsection (3), (4), (5) or (6).

(8) Nothing in subsection (1) is to be construed either as limiting the matters which may be—

(a) published under section 33DA or 35 of the 1986 Act or section 42AA or 48 of the 1989 Act;

(b) made public by the Authority as part of a notice under section 26; or

(c) included in, or made public as part of, a report of the Authority, the Council or the Competition Commission under any provision of this Act, Part I of the 1986 Act or Part I of the 1989 Act;

or as applying to information which has been so published or has been made public as part of such a notice or such a report.

(9) A person who discloses any information in contravention of this section is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(10) In this section—

• “licence holder” means the holder of a gas licence or an electricity licence; and

• “relevant activities”, in relation to a licence holder, means activities he is authorised by his licence to carry on (including, in the case of a gas transporter, the activities mentioned in section 7(1)(b) and (c) of the 1986 Act).

(11) Information obtained by the Authority in the exercise of functions which are exercisable concurrently with [F26 the Office of Fair Trading] under Part I of the M21 Competition Act 1998 is subject to [F27 Part 9 of the Enterprise Act 2002 (Information)] and not to subsections (1) to (10) of this section.

(12) The power to make an order under subsection (7) is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F9 Words in s. 105(1)(a) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 186(a), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F10 Words in s. 105(3)(a) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 186(b), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F11 Words in s. 105(4)(b) omitted (1.4.2008) by virtue of Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)

F12 Words in s. 105(4)(c) omitted (3.7.2002) by virtue of S.I. 2002/1555, art. 27(a)

F13 S. 105(4)(da)(db) inserted (3.7.2002) by S.I. 2002/1555, art. 27(b)

F14 S. 105(5)(c) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 43(3)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F15 S. 105(5)(d) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 163(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, arts. 3(2), 11

F16 S. 105(5)(e) substituted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 34(a); S.I. 2005/2714, art. 4(f)

F17 Words in s. 105 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(s); S.I. 2004/827, art. 4(g)

F18 S. 105(6)(t) inserted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 163(3) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, arts. 3(2), 11

F19 S. 105(6)(k) repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 61(a), Sch. 4 Pt. 1 (with reg. 28(2)(3))

F20 Words in s. 105(6)(l) inserted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 34(b); S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)

F21 Words in s. 105(6)(l) added (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336), art. 1(2), Sch. 12 para. 42 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. Pt. 2 (with Sch. 2)

F22 S. 105(6)(r) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. IV para. 25

F23 S. 105(6)(s) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 43(3)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F24 S. 105(6)(u) inserted (8.6.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 16; S.I. 2005/1444, art. 2(1), Sch. 1

F25 S. 105(6)(v)(w) inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 61(b) (with reg. 28(2)(3))

F26 Words in s. 105(11) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 43(3)(c)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F27 Words in s. 105(11) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 43(3)(c)(ii); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Modifications etc. (not altering text)

C2 S. 105 restricted (31.10.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 115; S.I. 2003/2681, art. 2(b)

C3 S. 105(1) excluded (24.8.2004) by Energy Act 2004 (c. 20), ss. 140(4), 198(2); S.I. 2004/2184, art. 2(1), Sch. 1

C4 S. 105(4): disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. 1 para. 52

C5 S. 105(6) modified (8.2.2007) by Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006 (S.I. 2006/1391), art. 1, Sch. para. 7(3)(g)

Commencement Information

I3 S. 105(1)-(7)(8)(a)(c)(9)-(12) in force at 7.11.2000 by S.I. 2000/2974, art. 2, Sch.(subject to transitional provisions in arts. 3-12); s. 105(8)(b) in force at 20.12.2000 by S.I. 2000/3343, art. 2, Sch.(subject to transitional provisions in arts. 3-15)

Marginal Citations

M3 1986 c. 45.

M4 1968 c. 29.

M5 1973 c. 41.

M6 1974 c. 39.

M7 1979 c. 38.

M8 1980 c. 21.

M9 1983 c. 44.

M10 1984 c. 12.

M11 1986 c. 31.

M12 1986 c. 45.

M13 1987 c. 43.

M14 1989 c. 15.

M15 1991 c. 56.

M16 S.I. 1992/231 (N.I.1).

M17 1993 c. 43.

M18 1994 c. 21.

M19 S.I. 1996/275 (N.I.2).

M20 1998 c. 41.

M21 1998 c. 41.

Supplementary U.K.

106 Interpretation. E+W+S

(1) In this Act—

• “Authority” means the Gas and Electricity Markets Authority;

• “Council” [F28 means the National Consumer Council;]

• “electricity licence” means a licence under section 6 of the 1989 Act;

• “gas licence” means a licence under section 7 or 7A of the 1986 Act;

• “the 1986 Act” means the M22 Gas Act 1986;

• “the 1989 Act” means the M23 Electricity Act 1989.

(2) Expressions used in this Act, as regards matters relating to gas, which are defined in section 48 or 66 of the 1986 Act or used in Part I of that Act have, unless the context otherwise requires, the same meaning as in that Part of that Act.

(3) Expressions used in this Act, as regards matters relating to electricity, which are defined in section 64 or 111 of the 1989 Act or used in Part I of that Act have, unless the context otherwise requires, the same meaning as in that Part of that Act.

(4) Section 46 of the 1986 Act (service of notices, etc.) shall apply to any document authorised or required by virtue of any provision of this Act to be served on or given to any person as if it were authorised or required to be served or given by virtue of that Act.

Textual Amendments

F28 Words in s. 106(1) substituted (21.12.2007 for specified purposes, 1.10.2008 in so far as not already in force) by Consumers, Estate Agents and Redress Act 2007 (c. 17) , ss. 30(4)(d) , 66(2) (with s. 6(9) , Sch. 3 ); S.I. 2007/3546 , art. 3 , Sch. ; S.I. 2008/2550 , art. 2 , Sch.

Marginal Citations

M22 1986 c. 44.

M23 1989 c. 29 .

107 Financial provisions. E+W+S

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Authority by virtue of this Act;

(b) any expenditure incurred by the Secretary of State by virtue of this Act;

(c) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

108 Amendments, transitional provisions and repeals. U.K.

Schedule 6 (minor and consequential amendments), Schedule 7 (transitional provisions and savings) and Schedule 8 (repeals) have effect.

Commencement Information

I4 S. 108 wholly in force at 1.10.2001; s. 108 not in force at Royal Assent see s. 110(2); s. 108 in force at 20.12.2000 for certain purposes by S.I. 2000/3343, art. 2, Sch.(subject to transitional provisions in arts. 3-15); s. 108 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)

109 Power to make transitional provision etc. E+W+S

(1) The Secretary of State may by regulations make such transitional and consequential provisions and such savings as he considers necessary or expedient in preparation for, or in connection with, or in consequence of—

(a) the coming into force of any provision of this Act; or

(b) the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(2) Such regulations may make modifications of any enactment contained in any Act or subordinate legislation (including an enactment contained in this Act or in any Act passed or subordinate legislation made in the same Session as this Act).

(3) The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

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

(1) This Act may be cited as the Utilities Act 2000.

(2) This Act (apart from this section and section 68) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

(3) An order under subsection (2) may contain transitional provisions and savings relating to the provisions being brought into force by the order.

(4) Any amendment or repeal made by this Act has the same extent as the enactment being amended or repealed.

(5) Subject to subsection (4), this Act does not extend to Northern Ireland.

Subordinate Legislation Made

P1 S. 110 power partly exercised: 29.9.2000 and 21.11.2000 appointed for specified provisions by S.I. 2000/2412, arts. 2, 3, Sch.

P2 S. 110(2) power partly exercised: 1.11.2000 appointed for specified provisions by S.I. 2000/2917, art. 2

S. 110(2) power partly exercised: 7.11.2000 appointed for specified provisions by S.I. 2000/2974, art. 2, Sch.

S. 110(2) power partly exercised: 20.12.2000 appointed for specified provisions by S.I. 2000/3343, art. 2, Sch. (as amended (14.5.2001) by S.I. 2001/1780, art. 2)

S. 110(2) power partly exercised: 16.5.2001 appointed for specified provisions by S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)

S. 110(2) power partly exercised: 1.10.2001 appointed for specified provisions by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in art. 3-20)