SCHEDULES
SCHEDULE 6 Minor and consequential amendments
Part I Gas Act 1986
I11
The M1Gas Act 1986 is amended as follows.
I22
1
In the following provisions, for “public gas transporter”, in each place where it appears, there is substituted “gas transporter” and for “public gas transporters” in each place where it appears, there is substituted “
gas transporters
”
section 7A
section 7B
section 8
section 9
section 10
section 11
section 12
section 13
section 18
section 18A
section 19
section 21
section 27A
section 43
section 46
section 48
section 62
Schedule 2B
Part I of Schedule 3
Schedule 4.
2
In section 19(6)(a), paragraph 5(2) of Schedule 2B and Part II of Schedule 3, in each place where it appears, for “public gas transporter’s” there is substituted “
gas transporter’s
”
.
I33
In section 5 (prohibition on unlicensed activities), in subsection (1)(a) and (c) for “public gas transporter” there is substituted “
gas transporter
”
.
I44
In section 7 (licensing of public gas transporters), in subsections (2)(b), (6)(b) and (9) for “public gas transporter” there is substituted “
gas transporter
”
.
I55
In section 7B (general provisions about licences), subsection (4)(d) (which provides for conditions in licences requiring the furnishing of information and is superseded by other provisions of this Act about information) shall cease to have effect.
The repeal of subsection (4)(d) of section 7B is without prejudice to the generality of the power conferred by subsection (4)(a) of that section.
I66
In section 7B(9)—
a
in paragraph (b)—
i
for “or extension” in both places where it appears, there is substituted “
, extension or restriction
”
;
ii
for “previously included” there is substituted “
includes
”
; and
b
at the end of paragraph (b) there is inserted
; and
c
to any other person who holds a licence and whose interests may, in the opinion of the Authority, be affected by the grant.
I77
In section 15A (billing disputes)—
a
for “domestic customer” (in each place) there is substituted “
customer
”
;
b
subsection (10) shall cease to have effect.
I88
1
Section 24 (modification references to Competition Commission) is amended as follows.
2
In subsection (1)(a)(i) and subsection (1A)(a), for “required” there is substituted “
regulated
”
.
3
In subsection (6) for “4 and 4A(1) and (2) above” there is substituted “
4AA, 4AB and 4A
”
.
4
In subsection (8) for “and 26 below” there is substituted “
, 26 and 26A
”
.
F19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I910
In section 27A(1) (determination of certain disputes) for “domestic customer” there is substituted “
customer of a person authorised by a licence or exemption to supply gas
”
.
I1011
In section 28(5)(a) (circumstances in which the Authority may not make or confirm an order under the section) for “4 or 4A above” there is substituted “
4AA, 4AB or 4A
”
.
I1112
In section 28 (orders for securing compliance with certain provisions), in the definition of “relevant requirement” in subsection (8)—
a
after “9(1)” there is inserted “
, (1A)
”
;
b
after “12(1) or (6)” there is inserted “
, 16(10),
”
c
after “33B,” there is inserted “
33BA, 33C,
”
;
d
“33BB” is omitted;
e
for “or 33E” there is substituted “
, 33F, 41A or 41B
”
; and
F2f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1213
In section 33A (standards of performance in individual cases)—
a
for subsections (1) and (2) there is substituted—
1
The Authority may make regulations prescribing such standards of performance in connection with the activities of gas suppliers, so far as affecting customers or potential customers of theirs, as in the Authority’s opinion ought to be achieved in individual cases.
2
Regulations under this section may only be made with the consent of the Secretary of State.
b
in subsection (3)(a), for “domestic customers” there is substituted “
customers or potential customers
”
; and
c
in subsection (4), for “domestic customer” there is substituted “
customer or potential customer
”
and after “failure” there is inserted “
and is of a prescribed description
”
.
I1314
In section 33C (information with respect to levels of performance), in subsection (2)(b), for “may be so specified” there is substituted “
the Authority may direct
”
.
I1415
Section 33E (procedures for dealing with complaints) shall cease to have effect.
I1516
In section 36(2) (keeping of register), in paragraph (c)—
a
the words “made otherwise than by order” shall be omitted; and
b
for “subsection (5)” there is substituted “
subsection (7)
”
.
I1617
In section 38 (power to require information etc.)—
a
in subsection (1A) for “4 or 4A above” there is substituted “
4AA, 4AB or 4A
”
; and
b
in subsection (3) after “document” there is inserted “
or record
”
.
I1718
In section 46(3), for “his authorised area” there is substituted “
any authorised area of his
”
.
I1819
In section 48(1) (interpretation of Part I)—
a
after the definition of “authorised area” there is inserted—
“authorised supplier” means a person authorised by a licence or exemption to supply to any premises gas which has been conveyed to those premises through pipes;
“authorised transporter” means a person authorised by a licence or exemption to convey gas through pipes to any premises or to a pipe-line system operated by a gas transporter;
b
before the definition of “gas” there is inserted—
“exemption” means an exemption under section 6A;
c
the definition of “domestic customer” shall be omitted; and
d
for the definition of “licence” there is substituted—
“licence” means a licence under section 7 or 7A and “licence holder” shall be construed accordingly;
I1920
In section 62, after subsection (2A) there is inserted—
2AB
If immediately before the commencement of paragraph 2 of Schedule 6 to the Utilities Act 2000 (substitution of “gas transporter” for “public gas transporter”) subsection (2A) applies to an agreement, that subsection continues to apply to that agreement notwithstanding the substitution.
I2021
In section 64(2) (orders) after “section” there is inserted “
23, 30A, 33BC, 41A, 41C
”
.
I2122
In section 66 (interpretation)—
a
after the definition of “the appointed day” there is inserted—
“the Authority” means the Gas and Electricity Markets Authority;
and
F3b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2223
In Schedule 2B (the gas code), in paragraph 8—
a
sub-paragraphs (4), (5) and (6) shall be omitted;
b
in sub-paragraph (8) the words from “but this” to the end shall cease to have effect;
c
in sub-paragraph (11)—
i
for the words from “a revision” to “such an election” there is substituted “
or a revision of such a scheme
”
; and
ii
in paragraphs (a) and (b), for “, revision, election or withdrawal” there is substituted “
or revision
”
.