After section 41 of the 1986 Act there is inserted—
(1)If the Secretary of State considers that members of any group (a “disadvantaged group”) of customers of authorised suppliers are treated less favourably than other customers of theirs as respects charges for gas, he may make an order containing a scheme for the adjustment of charges for gas with a view to eliminating or reducing the less favourable treatment.
(2)The scheme may include—
(a)provision for the adjustment of charges by authorised shippers or authorised transporters (as well as by suppliers); and
(b)in relation to charges payable to suppliers, provision for the adjustment of charges payable by customers who are not members of the disadvantaged group (as well as by persons who are).
(3)The scheme shall—
(a)describe the disadvantaged group;
(b)specify the persons whose charges are covered by the scheme; and
(c)set out the basis of the adjustment of the charges.
(4)If the scheme does not relate to the whole of Great Britain, it shall specify the area or areas to which it relates.
(5)The scheme may—
(a)require authorised suppliers, authorised shippers or authorised transporters to supply information of any specified description, in any specified form, to any other such persons; and
(b)provide for the modification of conditions of licences,
for the purpose of facilitating the implementation of the scheme.
(6)An order shall not be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
(1)Before making an order under section 41A, the Secretary of State shall give notice—
(a)stating that he proposes to make an order and setting out its effect;
(b)stating the reasons why he proposes to make the order; and
(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed order may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(2)The notice shall be given—
(a)by serving a copy of it on the persons whose charges are covered by the proposed order; and
(b)by publishing it in such manner as the Secretary of State considers appropriate for bringing the proposed order to the attention of other persons likely to be affected by it.
(3)An order under section 41A shall continue in force for such period not exceeding three years as is specified in the order; but that does not prevent the making of another order to come into force at the end of that period.
(4)The Secretary of State may by order require authorised suppliers, authorised shippers or authorised transporters to supply information of any specified description, in any specified form, to any other such persons for the purpose of enabling the making of an order under section 41A.
(5)The Authority—
(a)shall monitor the effect of orders under section 41A and report its findings to the Secretary of State whenever he directs it to do so; and
(b)may require authorised suppliers, authorised shippers or authorised transporters to supply to the Authority, in any specified form, such information as it requires for carrying out that duty.
(6)In section 41A references to customers do not include customers of a description excluded by an order made by the Secretary of State.
(7)In this section and section 41A “authorised shipper” means a person authorised by a licence or exemption to arrange with any gas transporter for gas to be introduced into, conveyed by means of, or taken out of a pipe-line system operated by that transporter.”
Commencement Information
I1S. 98 wholly in force at 1.10.2001; s. 98 not in force at Royal Assent see s. 110(2); s. 98 in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)