After section 33BA of the 1986 Act (which is inserted by section 91 above) there is inserted—

“33BAA Procedures for prescribing or determining standards of performance.

(1)

Before prescribing standards of performance in regulations under section 33A or 33AA, or determining standards of performance under section 33B or 33BA, the Authority shall—

(a)

arrange for such research as the Authority considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and consider the results;

(b)

publish a notice of its proposals in accordance with subsections (2) and (3) and consider any representations which are duly made in respect of those proposals; and

(c)

consult the Council and other persons or bodies mentioned in subsection (4).

(2)

The notice required by subsection (1)(b) is a notice—

(a)

stating that the Authority proposes to prescribe or determine standards of performance and setting out the standards of performance proposed;

(b)

stating the reasons why it proposes to prescribe or determine those standards of performance; and

(c)

specifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposals may be made.

(3)

A notice required by subsection (1)(b) shall be published in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of those likely to be affected by the proposals.

(4)

The persons or bodies to be consulted by the Authority under subsection (1)(c) are—

(a)

gas suppliers (in the case of standards of performance under section 33A or 33B) or gas transporters and gas suppliers (in the case of standards of performance under section 33AA or 33BA); and

(b)

persons or bodies appearing to the Authority to be representative of persons likely to be affected by the regulations or determination.

(5)

The Authority shall make arrangements for securing that notices under subsection (1)(b), regulations under section 33A or 33AA and determinations under section 33B or 33BA are made available to the public by whatever means it considers appropriate.”