(1)The Secretary of State may by order made by statutory instrument make such provision as he considers necessary or expedient for the purpose of—
(a)providing for section 32 of the 1989 Act to have effect, before its substitution by section 62 of this Act, with modifications specified in the order (but if this power is exercised the modifications must include the omission of subsections (3) and (4) of section 32);
(b)saving orders under section 32 of the 1989 Act made before the coming into force of section 62;
(c)preserving, modifying, replacing or otherwise dealing with arrangements [F1made pursuant to such an order (or such arrangements as modified or replaced by virtue of an order under this section)], including making provision for substituting different parties to the arrangements or for replacement arrangements to be between parties different from those party to the replaced arrangements;
(d)requiring the continued payment of any fossil fuel levy payable by virtue of section 33 of the 1989 Act and providing for payments out of that levy despite the repeal of that section.
(2)The power in subsection (1)(c) may be exercised both before the coming into force of section 62 and afterwards.
(3)An order under this section may, in particular, provide for section 32 (apart from subsections (3) and (4)) or 33 of the 1989 Act (as they had effect immediately before the coming into force of section 62 or 66) to continue to have effect with modifications specified in the order.
(4)An order under this section may, in particular—
(a)provide for what is to happen in relation to the fossil fuel levy and payments out of it if in any month—
(i)the cost referred to in section 33(5)(b) of the 1989 Act is greater than the cost referred to in section 33(5)(a) of the 1989 Act, or
(ii)the same is true in relation to any other corresponding measures referred to in section 33 of the 1989 Act as modified under subsection (3);
(b)provide in such a case for payments of amounts determined in accordance with the order (but not exceeding the difference between the sums referred to in paragraph (a)) to be made by, instead of to, the person to whom payments out of the fossil fuel levy would otherwise have been made.
(5)An order under this section may provide—
(a)that any specified requirement contained in it is to be treated as a relevant requirement for the purposes of Part I of the 1989 Act; and
(b)for one of those requirements to be that a person referred to in paragraph (a) or (b) of subsection (6) is not to act or omit to act as set out there,
but while subsections (3) and (4) of section 32 of the 1989 Act remain in force an order may not provide for anything which would be an offence under section 32(3) to be treated as a relevant requirement.
(6)The persons, acts and omissions referred to in subsection (5)(b) are—
(a)an act or omission by a person subject to requirements contained in the order which prevents any arrangements made pursuant to the order from securing such results as are specified in the order; and
(b)an act or omission by a party to arrangements made pursuant to an order under section 32 of the 1989 Act made before the coming into force of section 62 of this Act (or such arrangements as modified or replaced by virtue of an order under this section) which prevents the arrangements from securing the result mentioned in subsection (2) of that section (or that subsection as modified by virtue of an order under this section), or such corresponding result as is specified in the order.
(7)An order under this section may make different provision for different areas.
(8)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 67(1)(c) substituted (26.1.2009) by Energy Act 2008 (c. 32), ss. 39, 110(2); S.I. 2009/45, art. 2(a)(ii)
Modifications etc. (not altering text)
C1S. 67: transfer of functions (1.11.2001) by virtue of S.I. 2001/3504, arts. 1(1), 2, 4, Sch.