Utilities Act 2000

Section 108.

SCHEDULE 7 U.K. Transitional provisions and savings

Part I U.K. Separation of electricity supply and distribution

Application and purpose of Part I U.K.

1 (1) This paragraph applies to any holder of an existing supply licence under section 6(1)(c) or (2) of the 1989 Act whose activities, immediately before the passing of this Act, include both— U.K.

(a) the supply of electricity to premises; and

(b) the distribution of electricity for the purpose of giving a supply to premises or enabling a supply to be so given.

(2) This Part of this Schedule has effect for the purpose of enabling the existing supply licence held by such a licence holder to have effect as if it were a distribution licence under section 6(1)(c) and a supply licence under section 6(1)(d), each granted to different persons.

(3) Those persons must be—

(a) the licence holder and one of his associates nominated for the purpose of holding whichever of the licences mentioned in sub-paragraph (2) is not to be retained by the licence holder; or

(b) any two associates of the licence holder nominated by him for the purpose of holding those licences.

(4) If immediately before the passing of this Act a person to whom this paragraph applies holds two or more existing supply licences, sub-paragraph (2) applies in relation to such one or more of those licences as the licence holder may, with the approval of the Secretary of State, nominate.

(5) If immediately before the passing of this Act a person to whom this paragraph applies—

(a) generates electricity in pursuance of an existing generation licence; and

(b) transmits electricity in pursuance of an existing transmission licence,

the provisions of this Part of this Schedule also have effect, if that person makes either or both of the nominations mentioned in sub-paragraph (6), for either or both of the purposes mentioned in sub-paragraph (6)(a) and (6)(b).

(6) Those purposes are securing that—

(a) the licence holder’s existing generation licence has effect as if it were a generation licence granted to an associate of his nominated by him for the purpose; and

(b) the licence holder’s existing transmission licence has effect as if it were a transmission licence granted to an associate of his nominated by him for the purpose.

(7) The same associate may not be nominated both for the purpose of sub-paragraph (6)(a) and for the purpose of sub-paragraph (3)(a) or (b) or (6)(b).

Nominations and transfer schemes U.K.

2 (1) Before such date as the Secretary of State may direct, a person to whom paragraph 1 applies may (subject to paragraph 3)— U.K.

(a) make a nomination for the purposes of paragraph (a) of paragraph 1(3) and make a scheme for the division of all his property, rights and liabilities between himself and the associate nominated under that paragraph; or

(b) make two nominations for the purposes of paragraph (b) of paragraph 1(3) and make a scheme for the division of all his property, rights and liabilities between himself and the associates so nominated;

and in this Part of this Schedule the person who makes such a scheme is referred to as “the supplier”.

(2) A scheme under sub-paragraph (1) (referred to in this Part of this Schedule as “a transfer scheme”) may—

(a) define the property, rights and liabilities to be allocated to a nominated associate—

(i) by specifying or describing the property, rights and liabilities in question;

(ii) by referring to all (or all but as much as may be excepted) of the property, rights and liabilities comprised in a specified part of the supplier’s undertaking; or

(iii) partly in the one way and partly in the other;

(b) provide that any rights or liabilities specified or described in the scheme shall be enforceable either by or against any one or more of the persons between whom the supplier’s property, rights and liabilities are being divided;

(c) impose on any of those persons an obligation to enter into such written agreements with, or execute such other instruments in favour of the other such person or, where sub-paragraph (1)(b) applies, either or both of the other such persons as may be specified in the scheme; and

(d) make such supplemental, incidental and consequential provision as the supplier considers appropriate.

(3) Without prejudice to the generality of sub-paragraph (2)(d), a transfer scheme may, in relation to transfers or transactions effected in pursuance of the scheme, make provision, either generally or for specified purposes—

(a) for the transfers or transactions to be regarded as taking place in a specified order; and

(b) for the nominated associate or, where sub-paragraph (1)(b) applies, either or both of the nominated associates to be treated as the same person in law as the supplier.

(4) An obligation imposed by a provision included in a transfer scheme by virtue of sub-paragraph (2)(c) shall be enforceable by civil proceedings by the person or persons to whom it is owed for an injunction or for interdict or for any other appropriate relief or remedy.

(5) A transaction of any description which is effected in pursuance of a provision included in a transfer scheme by virtue of sub-paragraph (2)(c)—

(a) shall have effect subject to any statutory requirements for transactions of that description to be registered in any statutory register; but

(b) subject to that, shall be binding on all other persons, notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person.

• In this sub-paragraph “statutory requirements” means requirements imposed by or under any Act or any Act of the Scottish Parliament.

(6) Where a lease of any land is granted in pursuance of a provision included in a transfer scheme by virtue of sub-paragraph (2)(c), any right of pre-emption or other like right affecting that land—

(a) shall not become exercisable by reason of the grant of the lease; but

(b) shall have effect as if the lessee were the same person in law as the lessor.

3 (1) If the supplier is a supplier to whom paragraph 1(5) applies, he may, before such date as the Secretary of State may direct— U.K.

(a) make such nomination or nominations as he thinks fit for either or both of the purposes mentioned in paragraph 1(6); and

(b) include the associate or associates so nominated among the persons between whom his property, rights and liabilities may be divided by the transfer scheme.

(2) Paragraph 2 applies to a transfer scheme dividing property, rights and liabilities between persons including persons nominated for the purposes of paragraph 1(6) with the substitution—

(a) in sub-paragraph (2)(c) for the words from “the other such” to “both”; and

(b) in sub-paragraph (3)(b) for the words from “the” (in the first place it appears) to “both”,

of the words “any one or more”.

4 U.K. The Secretary of State may, on the application of a person to whom paragraph 1 applies, direct that paragraphs 1 and 2 are to apply to his existing supply licence (or such of his existing supply licences as may be nominated under paragraph 1(4)) as if—

(a) in paragraph 1(2) for “a distribution licence” there were substituted “ two distribution licences ”;

(b) in paragraph 1(3) for “one” there were substituted “ two ” and for “two” there were substituted “ three ”;

(c) in paragraph 2(1)(a) for “a nomination” and “associate” there were substituted respectively “ two nominations ” and “ associates ”; and

(d) in paragraph 2(1)(b) for “two” there were substituted “ three ”.

Secretary of State’s powers in relation to transfer schemes U.K.

5 (1) A transfer scheme shall not take effect unless it is approved by the Secretary of State. U.K.

(2) The Secretary of State may if he thinks fit, before approving a transfer scheme, make such modifications of the scheme as he considers appropriate for the purpose of securing that the scheme makes only such provision as he considers to be requisite or expedient for the purposes of this Part of this Schedule.

(3) The powers of the Secretary of State under this paragraph may in particular be exercised with a view to ensuring that a proposed transfer scheme does not operate against the public interest.

(4) It shall be the duty of the supplier to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by sub-paragraph (1) and (2).

Effect of transfer scheme U.K.

6 (1) Subject to the provisions of paragraph 7, on the effective date for a transfer scheme, all property, rights and liabilities— U.K.

(a) to which immediately before that day the supplier was entitled or subject; and

(b) which are allocated to a nominated associate by the transfer scheme,

shall become by virtue of this paragraph property, rights and liabilities of that associate.

(2) For the purposes of this Part of this Schedule, the “effective date”, in relation to a transfer scheme, is the day on which section 6(2) of the 1989 Act (as substituted by section 30 above) comes into force or such earlier day as the Secretary of State may direct for the purposes of the scheme.

Supplementary provisions as to transfers U.K.

7 (1) The provisions of Schedule 10 to the 1989 Act (supplementary provisions as to transfers) shall apply to any transfer which is effected by paragraph 6— U.K.

(a) with the modifications made by sub-paragraph (2); and

(b) to the extent mentioned in those provisions as so modified;

and paragraph 6 shall have effect subject to those provisions as so modified.

(2) For the purpose of its application to a transfer effected by paragraph 6, Schedule 10 to the 1989 Act shall apply as if—

(a) paragraphs 2(4) and (5), 3 and 6(2) and in paragraphs 4(4)(b) and 8(1) and (2) the words “or of a direction under paragraph 2(4) above” were omitted;

(b) any reference to transfers effected in pursuance of a transfer scheme were references to transfers effected by paragraph 6;

(c) any reference to the transferor were a reference to the supplier;

(d) any reference to a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking were a reference to a transfer of all (or all but as much as may be excepted) of the property, rights and liabilities comprised in a specified part of the supplier’s undertaking;

(e) any reference to a transferee of a specified part or any other part of the transferor’s undertaking were a reference to a transferee of a specified part or any other part of the supplier’s undertaking; and

(f) any reference to the transfer date were a reference to the effective date for the transfer scheme.

(3) For the purposes of sub-paragraphs (1) and (2)(b), (d) and (e), any property, rights or liabilities retained by the supplier in pursuance of the transfer scheme shall be deemed to be transferred to the supplier by paragraph 6 in pursuance of the scheme.

Shares issued in pursuance of a transfer scheme U.K.

8 U.K. Any shares issued to the supplier or to an associate of his by a transferee in pursuance of the transfer scheme—

(a) shall be of such nominal value as may be specified in or determined under the scheme;

(b) shall be issued or allotted on such terms as may be so specified or determined; and

(c) shall be issued as fully paid and treated for the purposes of the M1 Companies Act 1985 as if they had been paid up by virtue of the payment to the transferee in cash of their nominal value and, if the scheme so provides, such premium as may be so specified or determined.

Marginal Citations

M1 1985 c. 6.

Statutory accounts U.K.

9 (1) This paragraph has effect for the purposes of any statutory accounts of a transferee, that is to say, any accounts prepared by the transferee for the purpose of any provision of the M2 Companies Act 1985 (including group accounts). U.K.

(2) Subject to sub-paragraph (3), the value or amount to be assigned to any asset or liability which is vested in the transferee by virtue of paragraph 6 shall be—

(a) the value or amount (if any) assigned to the asset or liability for the purposes of the corresponding statement of accounts prepared by the supplier in respect of the last complete accounting year of the supplier to end before the effective date; or

(b) if the asset or liability is part only of an asset or liability to which a value or amount is so assigned, so much of that value or amount as may be determined by or under the transfer scheme; or

(c) if no value or amount is given by paragraph (a) or (b) or the value or amount so given is inappropriate in all the circumstances of the case, such value or amount as may be determined, on the basis of the supplier’s accounting records, by or under the transfer scheme.

(3) The amount to be included in respect of any item shall be determined as if so much of anything done by the supplier (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) as may be determined by or under the transfer scheme had been done by the transferee.

(4) Without prejudice to the generality of the preceding provisions of this paragraph, the amount to be included from time to time in any reserves of the transferee as representing the transferee’s accumulated realised profits shall be determined as if such proportion of any profits realised and retained by the supplier as is determined by or under the transfer scheme had been realised and retained by the transferee.

(5) In this paragraph, in relation to the supplier—

• “accounting records” means accounting records kept by the supplier in pursuance of section 221 of the M3 Companies Act 1985;

• “complete accounting year” means a financial year of the supplier determined in accordance with section 223 of that Act.

Marginal Citations

M2 1985 c. 6.

M3 1985 c. 6.

Consequential modifications of rating provisions U.K.

10 (1) This paragraph applies where any transfer effected by paragraph 6 is a transfer of a hereditament which, immediately before the effective date is a hereditament which falls within— U.K.

(a) the description set out in Part 2 of the Schedule to the M4 Central Rating List (England) Regulations 2000; or

(b) the description set out in Part 2 of the Schedule to the M5 Central Rating List (Wales) Regulations 1999.

(2) The Secretary of State may by order make such modifications of that Part of that Schedule, and of the M6 Electricity Supply Industry (Rateable Values)(England) Order 2000 or the M7 Electricity M8 Supply Industry (Rateable Values)(Wales) Order 2000, as may appear to him necessary or expedient as a consequence of the transfer.

(3) An order under this paragraph which is made after the effective date may have effect as from that day or any later day.

(4) Where, by virtue of sub-paragraph (3), an order under this paragraph has effect from a day earlier than that on which it is made, any necessary alteration shall be made with effect from that earlier day to any central rating list in which the hereditament is shown.

(5) An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M4 S.I. 2000/525.

M5 S.I. 1999/3453 (W. 50).

M6 S.I. 2000/947.

M7 S.I. 2000/1163 (W. 91).

M8 S.I. 2000/1163 (W. 91).

Interpretation U.K.

11 U.K. In this Part of this Schedule—

• “effective date” has the meaning given by paragraph 6(2);

• “existing” in relation to an electricity licence, means in force immediately before the passing of this Act;

• “the supplier” means the person who makes a transfer scheme;

• “transferee” means the transferee under a transfer effected by paragraph 6;

• “transfer scheme” means a scheme under paragraph 2.

12 (1) For the purposes of this Part of this Schedule a company is an associate of the supplier if— U.K.

(a) the company is a wholly owned subsidiary of the supplier;

(b) the supplier is a wholly owned subsidiary of the company; or

(c) the company and the supplier are both wholly owned subsidiaries of another company;

and the company is registered under the M9 Companies Act 1985 as a company limited by shares.

(2) The references in sub-paragraph (2) to a wholly owned subsidiary shall be construed in accordance with section 736 of the Companies Act 1985.

Marginal Citations

M9 1985 c. 6.

Part II U.K. Secretary of State’s licensing schemes

Existing electricity supply licences U.K.

13 (1) This paragraph applies to any holder of an existing supply licence under section 6(1)(c) or (2) of the 1989 Act (“the supplier”) who has made a transfer scheme under paragraph 2. U.K.

(2) As soon as practicable after the date specified in the Secretary of State’s direction under paragraph 2(1) and in any event before the day on which section 6(2) of the 1989 Act (as substituted by section 30) comes into force, the Secretary of State shall make a scheme providing—

(a) for the supplier’s existing supply licence to have effect as mentioned in paragraph 1(2); and

(b) if the supplier has nominated an associate or associates for either or both of the purposes of paragraph 1(6), for either or both of his existing generation and transmission licences to have effect as mentioned in paragraph 1(5).

(3) In making a scheme under this paragraph, the Secretary of State shall have regard to the provisions of the supplier’s transfer scheme.

(4) A scheme under this paragraph shall have no effect in relation to an existing supply licence if the supplier’s transfer scheme does not take effect.

(5) In this paragraph “existing”, in relation to a licence, means in force immediately before the passing of this Act.

14 (1) The Secretary of State shall as soon as practicable after the passing of this Act make a scheme under this paragraph in relation to existing licences under section 6(1)(c) of the 1989 Act which— U.K.

(a) are held by a person whose activities include both of those mentioned in paragraph 1(1); and

(b) are not the subject of a scheme under paragraph 13.

(2) A scheme under this paragraph shall provide for each licence to which it relates to have effect on and after such date as the scheme may specify as if it were—

(a) a distribution licence and a supply licence, each granted to the holder of the existing licence;

(b) a distribution licence; or

(c) a supply licence.

(3) In this paragraph “existing”, in relation to a licence, means in force immediately before the date mentioned in sub-paragraph (1).

15 (1) The Secretary of State shall as soon as practicable after the passing of this Act make a scheme, in relation to existing licences under section 6(1)(c) of the 1989 Act other than licences which— U.K.

(a) are the subject of a scheme under paragraph 13; or

(b) fall within paragraph 14(1),

providing for each such licence to have effect on and after such date as the scheme may specify as if it were a supply licence.

(2) In this paragraph “existing”, in relation to a licence, means in force immediately before the date mentioned in sub-paragraph (1).

16 (1) The Secretary of State shall as soon as practicable after the passing of this Act make a scheme, in relation to existing licences under section 6(2) of the 1989 Act, providing for each such licence to have effect on and after such date as the scheme may specify as if it were— U.K.

(a) a supply licence; or

(b) an exemption from section 4(1)(c) of the 1989 Act granted under section 5 of that Act (exemptions from prohibition).

(2) In this paragraph “existing”, in relation to a licence, means in force immediately before the date mentioned in sub-paragraph (1).

17 (1) Subject to sub-paragraph (2), a scheme under paragraph 13, 14, 15 or 16 shall secure that each condition which by virtue of section 33(1) is a standard condition for the purposes of licences of the appropriate type is incorporated in any licence to be treated by virtue of the scheme as a supply licence or a distribution licence and, where the scheme makes the provision mentioned in paragraph 13(2)(b), in any licence to be treated as a generation licence or as a transmission licence. U.K.

(2) Such a scheme may provide that each licence, and in the case of a scheme under paragraph 16 each exemption, which is to be treated as granted by virtue of the scheme (including both the terms and conditions of the licence or exemption which are derived from the existing licence and, in the case of a licence, the standard conditions which would otherwise be incorporated by virtue of sub-paragraph (1)) shall have effect with—

(a) such incidental, consequential and supplementary amendments as appear to the Secretary of State to be necessary or expedient;

(b) such amendments relating to the revocation of the licence or exemption as the Secretary of State thinks fit; and

(c) such other amendments (if any) as may be agreed between the Secretary of State and the holder of the existing licence from which the licence or exemption is derived.

(3) Such a scheme may—

(a) make such transitional provision as appears to the Secretary of State to be necessary or expedient; and

(b) make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.

(4) As soon as practicable after making such a scheme the Secretary of State shall publish, as respects each different case or class of case—

(a) the text of each licence which is to be treated as a licence granted by virtue of the scheme; and

(b) in the case of a scheme under paragraph 16, the text of any exemption which is to be treated as granted by virtue of the scheme.

(5) Any text so published shall be treated as authoritative unless the contrary is shown.

Existing generation and transmission licences U.K.

18 (1) The Secretary of State may, before the day on which section 30 comes into force, make one or more schemes for securing (subject to sub-paragraph (2)) that, on and after that day, the standard conditions which by virtue of section 33(1) are standard conditions for the purposes of licences of the appropriate type are incorporated in each generation licence and each transmission licence which is in force immediately before that day. U.K.

(2) A scheme under this paragraph may provide that the terms and conditions of any existing licence to which it relates (including the standard conditions which would otherwise be incorporated by virtue of sub-paragraph (1)) shall have effect with—

(a) such incidental, consequential and supplementary amendments as appear to the Secretary of State to be necessary or expedient;

(b) such amendments relating to the revocation of the licence as the Secretary of State thinks fit; and

(c) such other amendments (if any) as may be agreed between the Secretary of State and the holder of the licence.

(3) A scheme under this paragraph may—

(a) make such transitional provision as appears to the Secretary of State to be necessary or expedient; and

(b) make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.

(4) As soon as practicable after making such a scheme the Secretary of State shall publish, as respects each different case or class of case, the text on the commencement of section 30 of each licence to which the scheme relates as it has effect by virtue of the scheme.

(5) Any text so published shall be treated as authoritative unless the contrary is shown.

Existing gas licences U.K.

19 (1) The Secretary of State may, before the day on which section 81(2) comes into force, make one or more schemes for securing (subject to sub-paragraph (2)) that on and after that day the standard conditions which by virtue of section 81(2) are standard conditions for the purposes of gas licences of any type are incorporated in each gas licence of that type which is in force immediately before that day. U.K.

(2) A scheme under this paragraph may provide that the terms and conditions of any existing licence to which it relates (including both the terms and conditions of that licence and the standard conditions which would otherwise be incorporated by virtue of sub-paragraph (1)) shall have effect with—

(a) such incidental, consequential and supplementary amendments as appear to the Secretary of State to be necessary or expedient;

(b) such amendments relating to the revocation of the licence as the Secretary of State thinks fit; and

(c) such other amendments (if any) as may be agreed between the Secretary of State and the holder of the licence.

(3) Such a scheme may—

(a) make such transitional provision as appears to the Secretary of State to be necessary or expedient; and

(b) make different provisions for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.

(4) As soon as practicable after making a scheme under this paragraph, the Secretary of State shall publish, as respects each different case or class of case, the text on the commencement of section 81(2) of each gas licence to which the scheme relates.

(5) Any text so published shall be treated as authoritative unless the contrary is shown.

Effect of licensing schemes U.K.

20 (1) On the day on which a scheme under this Part of this Schedule comes into operation, the licences to which it relates shall have effect as provided for by the scheme. U.K.

(2) The modification under paragraph 17(2), 18(2) or 19(2) of part of what would otherwise be a standard condition of—

(a) a licence to be treated as granted by virtue of a scheme under paragraph 13, 14 or 15; or

(b) a licence to which a scheme under paragraph 16, 18 or 19 relates,

shall not prevent any other part of the condition which is not so modified being regarded as a standard condition for the purposes of Part I of the 1989 Act or Part I of the 1986 Act, as the case may be.

Provision of information by licence holders U.K.

21 (1) It shall be the duty of each holder of a licence under the 1986 Act to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by paragraph 19 in relation to such licences. U.K.

(2) It shall be the duty of each holder of a licence under the 1989 Act to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by this Part of this Schedule in relation to such licences.

Consultation by Secretary of State U.K.

22 U.K. The Secretary of State shall not exercise any function conferred on him by this Part of this Schedule except after consultation with—

(a) the Authority; and

(b) such holders of licences under the 1986 Act or such holders of licences under the 1989 Act as he considers appropriate.

Part III U.K. Former tariff customers

23 (1) This paragraph applies where immediately before the commencement date a public electricity supplier (“the supplier”) is supplying tariff customers with electricity. U.K.

(2) The supplier’s supply successor shall be deemed to have contracted with those customers for the supply of electricity as from that day.

(3) The express terms and conditions of a contract which, by virtue of sub-paragraph (2), is deemed to have been made by the supplier shall be provided for by the scheme under this paragraph which relates to that supplier.

(4) Before such date as the Secretary of State may direct, the supplier shall make a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (2), are to be deemed to have been made by the supplier.

(5) A scheme under this paragraph may (subject to section 7B of the 1989 Act)—

(a) make different provisions for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme; and

(b) make such supplemental, incidental, consequential and transitional provisions as the supplier considers appropriate.

(6) A scheme under this paragraph shall not take effect unless it is approved by the Authority; and the Authority may modify such a scheme before approving it.

(7) If, in relation to such a scheme—

(a) the supplier fails, before the date specified under sub-paragraph (4), to submit the scheme for the approval of the Authority; or

(b) the Authority decides not to approve the scheme that has been submitted by the supplier (either with or without modifications),

the Authority may itself make the scheme.

(8) It shall be the duty of the supplier to provide the Authority with all such information and other assistance as it may require for the purposes of or in connection with the exercise of any function conferred by sub-paragraph (6) or (7).

(9) The Authority shall not exercise any function conferred by sub-paragraph (6) or (7) except after consultation with the supplier.

(10) A scheme made under this paragraph shall be published in the London and Edinburgh Gazettes before the commencement date and shall come into operation on that date; and conclusive evidence of a scheme so made may be given in all courts of justice and in all legal proceedings whatever by the production of a copy of either of those Gazettes purporting to contain it.

(11) In this paragraph—

• “commencement date” means the date on which section 45 comes into force; and

• “supply successor”, in relation to a public electricity supplier, means the person who becomes an electricity supplier by virtue of a scheme made by or in relation to that public electricity supplier under Part II of this Schedule.

Part IV U.K. Other transitional provisions and savings

Compensation for members of abolished consumer bodies E+W+S

24 E+W+S The Secretary of State may pay to any person who immediately before the abolition by this Act of—

(a) a consumers’ committee established under section 2 of the 1989 Act; or

(b) the Gas Consumers’ Council,

is the chairman or member of that body such sums by way of compensation for loss of office, or loss or diminution of pension rights, as the Secretary of State may with the approval of the Treasury determine.

Commencement Information

I1 Sch. 7 para. 24 wholly in force at 7.11.2000, see s. 102(2)(3) and S.I. 2000/2974, art. 2, Sch. (subject to arts. 3-12)

Consultation by Council before establishing regional committees E+W+S

25 E+W+S The requirements in paragraph 11(2) to (4) of Schedule 2 to this Act do not apply to any regional committee of the Gas and Electricity Consumer Council which is established within the period of two months beginning with the day on which section 18(2) of this Act comes into force.

Commencement Information

I2 Sch. 7 para. 25 wholly in force at 7.11.2000, see s. 102(2)(3) and S.I. 2000/2974, art. 2, Sch. (subject to arts. 3-12)

First financial years of Authority and Council E+W+S

26 (1) In this paragraph “the body” means the Authority or the Council. E+W+S

(2) If the period beginning with the day on which the body is established and ending with the next 31st March is six months or more, the first financial year of the body is that period.

(3) If the period mentioned in sub-paragraph (2) is less than six months, the first financial year of the body is the period beginning with the day on which the body is established and ending with 31st March in the following year.

First forward work programmes of Authority and Council E+W+S

27 E+W+S The Authority’s first forward work programme required by section 4(1) shall relate to the financial year following its first financial year.

Commencement Information

I3 Sch. 7 para. 27 in force at 20.12.2000, see s. 102(2)(3) and S.I. 2000/3343, art. 2, Sch. (subject to arts. 3-15)

28 (1) The Council’s first forward work programme required by section 4(1) shall be published within the period of three months beginning with the day on which the Council is established. E+W+S

(2) That forward work programme shall relate to the Council’s plans for the period beginning with the day on which it is published and ending with the last day of the Council’s first financial year (and section 4 shall apply accordingly).

Commencement Information

I4 Sch. 7 para. 28 wholly in force at 7.11.2000, see s. 102(2)(3) and S.I. 2000/2974, art. 2, Sch. (subject to arts. 3-12)

Last annual reports of the Directors U.K.

29 (1) After the abolition of the offices of Director General of Gas Supply and Director General of Electricity Supply, any duty of either Director to make an annual report, in relation to any calendar year for which such a report has not been made, shall be carried out by the Authority. U.K.

(2) The period between the abolition of those offices and the end of the preceding calendar year (if less than 12 months) shall be treated as the calendar year for which the last annual reports are required.

(3) If that period is nine months or more, the Authority shall make the last annual reports as soon as practicable after the end of that period.

(4) If that period is less than nine months, the last annual reports shall be made no later than the first report of the Authority under section 5(1).

(5) In this paragraph “annual reports” means reports required by section 39(1) of the 1986 Act and section 50(1) of the 1989 Act.

Commencement Information

I5 Sch. 7 para. 29 in force at 1.10.2001; Sch. 7 para. 29 not in force at Royal Assent see s. 110(2); Sch. 7 para. 29 in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

Last annual report of the Gas Consumers’ Council U.K.

30 (1) After the abolition of the Gas Consumers’ Council, any duty of the Gas Consumers’ Council to make an annual report, in relation to any calendar year for which such a report has not been made, shall be carried out by the Council. E+W+S

(2) The period between the abolition of the Gas Consumers’ Council and the end of the preceding calendar year (if less than 12 months) shall be treated as the calendar year for which the last annual report is required.

(3) If that period is nine months or more, the Council shall make the last annual report as soon as practicable after the end of that period.

(4) If that period is less than nine months the last annual report shall be made no later than the first report of the Council under paragraph 6 of Schedule 2.

(5) In this paragraph “annual report” means a report required by section 41 of the 1986 Act.

Commencement Information

I6 Sch. 7 para. 30 wholly in force at 7.11.2000, see s. 102(2)(3) and S.I. 2000/2974, art. 2, Sch. (subject to arts. 3-12)

Investigations being carried out under the 1986 Act E+W+S

31 (1) This paragraph applies to any matter— E+W+S

(a) being investigated by the Director General of Gas Supply under section 31 of the 1986 Act (duty to investigate certain matters) immediately before the repeal by this Act of that section;

(b) being investigated by the Gas Consumers’ Council under section 32 of the 1986 Act immediately before the commencement of section 22(1) above;

(c) being investigated by that Council under section 32A of the 1986 Act immediately before the repeal by this Act of that section;

(d) being investigated by that Council under section 33 of the 1986 Act (power to investigate certain matters) immediately before the commencement of section 23(1) above.

(2) If the matter being investigated is a matter which appears to the Council to be a matter which is or amounts to a complaint to which section 32 of the 1986 Act (as substituted by section 22(1) above) applies, the Council shall treat the matter as if it were a complaint referred to it under that section.

(3) In any other case the Authority shall either—

(a) agree with the Council that the Council is to investigate the matter under section 33 of the 1986 Act (as substituted by section 23(1) above); or

(b) make such further investigations of the matter, and take such action, as it considers appropriate.

(4) Where the Council or the Authority is required by virtue of sub-paragraph (2) or (3) to investigate a matter, it may treat anything done by the Director General of Gas Supply or the Gas Consumers’ Council in investigating that matter as if done for the purposes of its own investigation.

(5) The Director General of Gas Supply and the Gas Consumers’ Council shall give the Authority and the Council such information or assistance as may be necessary to enable them to carry out their functions under this paragraph.

Commencement Information

I7 Sch. 7 para. 31 wholly in force at 7.11.2000 by S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Investigations being carried out under the 1989 Act E+W+S

32 (1) This paragraph applies to any matter— E+W+S

(a) being investigated by the Director General of Electricity Supply or a consumers’ committee under section 45 of the 1989 Act (investigation of enforcement matters) immediately before the repeal by this Act of that section;

(b) being investigated by a consumers’ committee under section 46 of the 1989 Act (duty of consumers’ committees to investigate certain matters) immediately before the commencement of section 22(2) above.

(2) If the matter being investigated is a matter which appears to the Council to be a matter which is or amounts to a complaint to which section 46 of the 1989 Act (as substituted by section 22(2) above) applies, the Council shall treat the matter as if it were a complaint referred to it under that section.

(3) In any other case the Authority shall either—

(a) agree with the Council that the Council is to investigate the matter under section 46A of the 1989 Act (as inserted by section 23(2) above); or

(b) make such further investigations of the matter, and take such action, as it considers appropriate.

(4) Where the Council or the Authority is required by virtue of sub-paragraph (2) or (3) to investigate a matter, it may treat anything done by the Director General of Electricity Supply or a consumers’ committee in investigating that matter as if done for the purposes of its own investigation.

(5) The Director General of Electricity Supply and the consumers’ committees shall give the Authority and the Council such information or assistance as may be necessary to enable them to carry out their functions under this paragraph.

Commencement Information

I8 Sch. 7 para. 32 wholly in force at 7.11.2000 by S.I. 2000/2974, art. 2, Sch.(subject to transitional provision in arts. 3-12)