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 [F2 of the functions of the Administrator] under either or both of—

(a) section 33BC of the 1986 Act ([F3 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 ([F3 promotion of reductions in carbon emissions:] electricity F4 ... 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 [F5 the measures mentioned in subsection (2) of each of those sections].

[F6 (1A) The power conferred by this section may be exercised so as to specify more than one overall target in relation to the same period or to periods that overlap to any extent.]

(2) Where an overall target applies in relation to both sections mentioned in subsection (1), the order specifying the target may make provision [F7 the target to be apportioned ] 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 F8 ... 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) [F9 The Administrator ] 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 [F10 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, F11 ... 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) substituted (18.12.2011) by Energy Act 2011 (c. 16), s. 121(5)(a), Sch. 1 para. 8(2)(a)

F3 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

F4 Word in s. 103(1)(b) omitted (1.1.2013) by virtue of Energy Act 2011 (c. 16), s. 121(5)(b), Sch. 1 para. 8(2)(b)

F5 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

F6 S. 103(1A) inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 8 para. 6(3)

F7 Words in s. 103(2) substituted (18.12.2011) by Energy Act 2011 (c. 16), s. 121(5)(a), Sch. 1 para. 8(3)(a)

F8 Words in s. 103(2)(b) omitted (1.1.2013) by virtue of Energy Act 2011 (c. 16), s. 121(5)(b), Sch. 1 para. 8(3)(b)

F9 Words in s. 103(3) substituted (18.12.2011) by Energy Act 2011 (c. 16), s. 121(5)(a), Sch. 1 para. 8(4)

F10 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

F11 Words in s. 103(4) omitted (1.1.2013) by virtue of Energy Act 2011 (c. 16), s. 121(5)(b), Sch. 1 para. 8(5)

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)

[F12 103A Overall home-heating cost reduction targets U.K.

(1) For the purposes of the exercise of the functions of the Administrator under either or both of—

(a) section 33BD of the 1986 Act (promotion of reductions in home-heating costs: gas transporters and suppliers) and any order made under that section, and

(b) section 41B of the 1989 Act (promotion of reductions in home-heating costs: 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 measures for reducing the cost to individuals of heating their homes.

(2) The power conferred by this section may be exercised so as to specify more than one overall target in relation to the same period or to periods that overlap to any extent.

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

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

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

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

(4) The Administrator 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 home-heating cost reduction targets) in the manner it considers best calculated to result in the achievement of the overall target.

(5) 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 the Secretary of State considers appropriate.

(6) 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

F12 S. 103A inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 70, 121(3)

[F13 103B Power of Secretary of State to require information: carbon emissions reduction targets and home-heating cost reduction targets U.K.

(1) The Secretary of State may by notice require a person within subsection (3) to provide the Secretary of State with specified information, or information of a specified kind, for the purpose of enabling the Secretary of State—

(a) to decide whether to make a carbon emissions reduction order or a home-heating cost reduction order and, if so, what provision to include in the order;

(b) to review the operation and effect of a carbon emissions reduction order or a home-heating cost reduction order;

(c) to establish and maintain a record (“a measures record”) of properties in respect of which carbon emissions reduction measures or home-heating cost reduction measures have been taken and of the type of measure taken in respect of each such property.

(2) For the purpose of enabling a person (“A”) to establish and maintain a measures record on behalf of the Secretary of State, the Secretary of State may by notice require any person within subsection (3) to provide A with specified information or information of a specified kind.

(3) Those persons are—

(a) gas transporters and gas suppliers;

(b) electricity distributors and electricity suppliers;

(c) the Authority; and

(d) any body other than the Authority that is for the time being the Administrator in relation to a carbon emissions reduction order or a home-heating cost reduction order.

(4) Information required to be provided by a notice under this section must be provided—

(a) in such form as may be specified;

(b) within such period as may be specified or at such intervals as may be specified.

(5) No person shall be required by a notice under this section to provide any information which the person could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.

(6) Information obtained by virtue of this section may be disclosed by the Secretary of State—

(a) to the Welsh Ministers for the purpose of enabling them to review the operation and effect in Wales of a carbon emissions reduction order or a home-heating cost reduction order;

(b) to the Scottish Ministers for the purpose of enabling them to review the operation and effect in Scotland of a carbon emissions reduction order or a home-heating cost reduction order.

(7) In sections 28 to 30F and section 38 of the 1986 Act (enforcement of relevant requirements etc) a reference to a “relevant requirement” is to be treated as including a reference to a requirement imposed on a gas transporter or gas supplier under this section.

(8) In sections 25 to 28 of the 1989 Act (enforcement of relevant requirements etc) a reference to a “relevant requirement” is to be treated as including a reference to a requirement imposed on an electricity distributor or electricity supplier under this section.

(9) In this section—

• “a carbon emissions reduction order” means an order under—

  (a)

  section 33BC of the 1986 Act;

  (b)

  section 41A of the 1989 Act; or

  (c)

  section 103 of this Act;

• “a home-heating cost reduction order” means an order under—

  (a)

  section 33BD of the 1986 Act;

  (b)

  section 41B of the 1989 Act; or

  (c)

  section 103A of this Act;

• “a carbon emissions reduction measure” is a measure of a kind mentioned in subsection (2) of each of section 33BC of the 1986 Act and section 41A of the 1989 Act;

• “a home-heating cost reduction measure” is a measure of a kind mentioned in subsection (2)(b) of each of section 33BD of the 1986 Act and section 41B of the 1989 Act;

• “specified” means specified in a notice under this section.]

Textual Amendments

F13 S. 103B inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 71, 121(3)

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) [F14 any of sections 23B to 23G or section] 41E of the 1986 Act; F15 ...

(b) [F16 any of sections 11C to 11H or section] 56C of the 1989 Act F17 ...

[F18 (c) section 12, 14, 16A, 17K or 17P of the Water Industry Act 1991] [F19 ; 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

F14 Words in s. 104(1)(a) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 45(3)(a)

F15 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)

F16 Words in s. 104(1)(b) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 45(3)(b)

F17 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)

F18 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)

F19 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 [F20 , Part 1 of the 1989 Act F21 ...][F22 , section 184(5) or 185(5) of the Energy Act 2004 [F23 or Part 2 or section 27 or 28 of the Energy Act 2010 ] or section 41 or 100 of the Energy Act 2008;] 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 [F24 , section 184 or 185 of the Energy Act 2004 ] [F25 sections 41 to 43 or section 100 of the Energy Act 2008 [F26 , Part 2 or section 28 of the Energy Act 2010]] or this Act;

[F27 (ab) it is required by a notice under section 103B of this Act or is permitted by subsection (6) of that section;]

(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, F28 ...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 F29 . . . by the enactments relating to companies F29 . . . or insolvency;

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

[F30 (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;

[F31 (c) the Office of Fair Trading;]

[F32 (d) the Office of Communications;]

[F33 (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 [F34 Office of Rail Regulation];

(i) the Civil Aviation Authority;

(j) the Insolvency Practitioners Tribunal;

(k) the Coal Authority; F35 ...

(l) a local weights and measures authority in Great Britain[F36 , and

(m) the National Consumer Council.]

F37 (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;

F38 (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) [F39 or the Water Act 2003 ] [F40 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.

[F41 (r) Part I of the Transport Act 2000.]

[F42 (s) the Enterprise Act 2002]

[F37 (t) the Communications Act 2003.]

[F43 (u) the Railways Act 2005.]

[F44 (v) the Business Protection from Misleading Marketing Regulations 2008;

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

[F45 (x) the Consumers, Estate Agents and Redress Act 2007.]

(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 F46 ... 35 of the 1986 Act or section [F47 32J or ]F46 ... 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 AuthorityF48 ... 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 [F49 the Office of Fair Trading] under Part I of the M21 Competition Act 1998 is subject to [F50 Part 9 of the Enterprise Act 2002 (Information)] and not to subsections (1) to (10) of this section.

[F51 (11A) Nothing in this section applies to information within section 29(3) of the Consumers, Estate Agents and Redress Act 2007 (application of disclosure regime in Part 9 of the Enterprise Act 2002 to information obtained by the Council).]

[F52 (11B) Nothing in this section applies to information to which section 105A applies.]

(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

F20 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

F21 Words in s. 105(1)(a) omitted (26.1.2009) by virtue of Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 15(a); S.I. 2009/45, art. 2(e)(iv)

F22 Words in s. 105(1)(a) inserted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 15(a); S.I. 2009/45, art. 2(e)(iv)

F23 Words in s. 105(1) inserted (8.6.2010) by Energy Act 2010 (c. 27), s. 38(3), Sch. para. 16(a)

F24 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

F25 Words in s. 105(3)(a) inserted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 15(b); S.I. 2009/45, art. 2(e)(iv)

F26 Words in s. 105(3)(a) inserted (8.6.2010) by Energy Act 2010 (c. 27), s. 38(3), Sch. para. 16(b)

F27 S. 105(3)(ab) inserted (18.12.2011) by Energy Act 2011 (c. 16), s. 121(5)(a), Sch. 1 para. 9

F28 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)

F29 Words in s. 105(4)(c) omitted (3.7.2002) by virtue of S.I. 2002/1555, art. 27(a)

F30 S. 105(4)(da)(db) inserted (3.7.2002) by S.I. 2002/1555, art. 27(b)

F31 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.)

F32 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

F33 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)

F34 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)

F35 Word in s. 105(5) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 20(a), Sch. 8; S.I. 2008/2550, art. 2, Sch.

F36 S. 105(5)(m) and word inserted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 20(a); S.I. 2008/2550, art. 2, Sch.

F37 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

F38 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))

F39 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)

F40 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)

F41 S. 105(6)(r) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. IV para. 25

F42 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.)

F43 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

F44 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))

F45 S. 105(6)(x) inserted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 20(b); S.I. 2008/2550, art. 2, Sch.

F46 Words in s. 105(8)(a) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 20(c)(i), Sch. 8; S.I. 2008/2550, art. 2, Sch.

F47 Words in s. 105(8)(a) inserted (1.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 15(c); S.I. 2009/45, art. 3(c)(i)

F48 Words in s. 105(8)(c) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 20(c)(ii), Sch. 8; S.I. 2008/2550, art. 2, Sch.

F49 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.)

F50 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)

F51 S. 105(11A) inserted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 20(d); S.I. 2008/2550, art. 2, Sch.

F52 S. 105(11B) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 36(2)

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.

[F53 105A Restrictions on disclosure in respect of cross-border exchanges of information U.K.

(1) This section applies to any information provided to the Authority —

(a) for the purpose of enabling it to carry out its functions as designated regulatory authority for Great Britain; and

(b) by the designated regulatory authority for Northern Ireland or for another Member State (“the originating authority”) in accordance with Article 38(1) of the Electricity Directive or Article 42(1) of the Gas Directive.

(2) The Authority may disclose information to which this section applies only if—

(a) the originating authority has confirmed in writing that the originating authority would be permitted to disclose the information in the circumstances in question; and

(b) the Authority would be permitted under section 105 to disclose the information if it was received under or by virtue of an enactment listed in subsection (1) of that section.

(3) Subsection (1) applies whether the information is provided directly or indirectly by the originating authority.]

Textual Amendments

F53 S. 105A inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 36(3)

Supplementary U.K.

106 Interpretation. E+W+S

(1) In this Act—

• [F54 “the Agency” means the Agency for the Cooperation of Energy Regulators established under the Agency Regulation ; ]

• [F54 “the Agency Regulation ” means Regulation 2009/713/EC of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators;]

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

• “Council” [F55 means the National Consumer Council;]

• [F54 “designated regulatory authority” means an authority designated in accordance with Article 35 of the Electricity Directive or Article 39 of the Gas Directive;]

• [F54 “designated regulatory authority for Great Britain” means the authority designated by virtue of section 3A;]

• [F54 the Electricity Directive” means Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC;]

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

• “gas licence” means a licence under section 7 [F56 , 7A or 7AB ] of the 1986 Act;

• [F54 “the Gas Directive” means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC;]

• “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

F54 Words in s. 106(1) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704) , regs. 1(1) , 25

F55 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.

F56 Words in s. 106(1) substituted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 30(3)

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)