Utilities Act 2000

[F1 103B Power of Secretary of State [F2 and the Scottish Ministers] to require information: carbon emissions reduction targets and home-heating cost reduction targets U.K.

(1) [F3 Subject to subsection (1A),] 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.

[F4 (1A) The Scottish Ministers may exercise the power in subsection (1)(b) and (c) in order to require information to review the operation of any carbon emissions reduction order or home-heating cost reduction order made by the Scottish Ministers and to establish and maintain a measures record in relation to such orders.]

(2) For the purpose of enabling a person (“A”) to establish and maintain a measures record on behalf of the Secretary of State [F5 or the Scottish Ministers], the Secretary of State [F6 and the Scottish Ministers] 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.

[F7 (6A) Information obtained by virtue of subsection (1A) may be disclosed by the Scottish Ministers—

(a) to the Secretary of State;

(b) 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 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

F1 S. 103B inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 71, 121(3)

F2 Words in s. 103B heading inserted (1.12.2017 for specified purposes, 1.10.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 60(9), 72(4)(d); S.I. 2017/1157, regs. 3(c), 5(b)

F3 Words in s. 103B(1) inserted (1.12.2017 for specified purposes, 1.10.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 60(10), 72(4)(d); S.I. 2017/1157, regs. 3(c), 5(b)

F4 Words in s. 103B(1A) inserted (1.12.2017 for specified purposes, 1.10.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 60(10), 72(4)(d); S.I. 2017/1157, regs. 3(c), 5(b)

F5 Words in s. 103B(2) inserted (1.12.2017 for specified purposes, 1.10.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 60(11)(a), 72(4)(d); S.I. 2017/1157, regs. 3(c), 5(b)

F6 Words in s. 103B(2) inserted (1.12.2017 for specified purposes, 1.10.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 60(11)(b), 72(4)(d); S.I. 2017/1157, regs. 3(c), 5(b)

F7 S. 103B(6A) inserted (1.12.2017 for specified purposes, 1.10.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 60(12), 72(4)(d); S.I. 2017/1157, regs. 3(c), 5(b)