Energy Prices Act 2022

Section 27

SCHEDULE 7 Amendments of legislation

PART 1 Acts of Parliament

Gas Act 1986

1 In Schedule 4B to the Gas Act 1986 (provisions imposing obligations that are enforceable as relevant requirements), in paragraph 4 (obligations of gas suppliers and gas shippers), after paragraph (e) insert—

“(f) section 3(2), (3) or (4) of the Energy Prices Act 2022, except section 3(2)(c) or (4)(b) insofar as non-compliance with the terms of the designated scheme involves the amounts payable by or to the Secretary of State under the scheme;

(g) section 22 of the Energy Prices Act 2022.”

Electricity Act 1989

2 In Schedule 6A to the Electricity Act 1989 (provisions imposing obligations that are enforceable as relevant requirements), in paragraph 6 (obligations of supply licence holders), after paragraph (f) insert—

“(g) section 2(2) of the Energy Prices Act 2022, except section 2(2)(c) insofar as non-compliance with the terms of the designated scheme involves the amounts payable by or to the Secretary of State under the scheme;

(h) section 22 of the Energy Prices Act 2022.”

Utilities Act 2000

3 The Utilities Act 2000 is amended as follows.

4 In section 33(1) (standard conditions of electricity licences)—

(a) in paragraph (i), omit the second “or”;

(b) in paragraph (j), after “2022” insert “, or

(k) under or by virtue of section 21 of the Energy Prices Act 2022”.

5 In section 81(2) (standard conditions of gas licences), after “Smart Meters Act 2018” insert “or under or by virtue of section 21 of the Energy Prices Act 2022”.

6 In section 105 (general restrictions on disclosure of information)—

(a) in subsection (1), after “2022” insert “or a relevant scheme or regulations made under section 9(1) or (2) or section 16 of the Energy Prices Act 2022”;

(b) in subsection (3), after paragraph (ab) insert—

“(ac) it is required by any person in exercise of a power to require information conferred by regulations under section 16 of the Energy Prices Act 2022;”;

(c) after subsection (8) insert—

“(8A) Subsection (1) does not apply to a disclosure of information which has been obtained—

(a) under or by virtue of a relevant scheme if it is made by a person in connection with that person’s performance of the terms of that relevant scheme, or

(b) under or by virtue of regulations made under section 9(1) or (2) of the Energy Prices Act 2022 if the disclosure is made by a person in connection with the exercise of that person’s functions under the regulations.”;

(d) in subsection (10), after the definition of “relevant activities” insert—

• ““relevant scheme” means—

  (a)

  a domestic electricity price reduction scheme for Great Britain, or

  (b)

  a domestic gas price reduction scheme for Great Britain,

  within the meaning of the Energy Prices Act 2022 (see section 1 of that Act);”.

PART 2 Northern Ireland legislation

Energy (Northern Ireland) Order 2003

7 The Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) is amended as follows.

8 In Article 12 (the principal objective and general duties of the Department and the Authority in relation to electricity), in paragraph (7), in the definition of “electricity functions”—

(a) for “means functions” substitute “means—

(a)

functions”;

(b) after the third “electricity” insert “;

(b)

the functions which the Department has under section 5 (so far as relating to electricity) and section 6 of the Energy Prices Act 2022 (see Schedule 5 to that Act);

(c)

the Authority’s function of giving directions under section 6(3) of the Energy Prices Act 2022;

(d)

functions under regulations made under section 11(1) of the Energy Prices Act 2022;

(e)

the power which the Department has under section 22 of the Energy Prices Act 2022 (by virtue of paragraph 1(1)(g) of Schedule 5 to that Act) to give a direction in connection with—

(i)

the domestic electricity price reduction scheme for Northern Ireland, or

(ii)

regulations made under section 11(1) (so far as relating to electricity)”.

9 In Article 14 (the principal objective and general duties of the Department and the Authority in relation to gas), in paragraph (6), in the definition of “gas functions”—

(a) in paragraph (a), omit “and”;

(b) in paragraph (b), after “gas” insert “;

(c)

the functions which the Department has under section 5 (so far as relating to gas) and section 7 of the Energy Prices Act 2022 (see Schedule 5 to that Act);

(d)

the Authority’s function of giving directions under section 7(3) of the Energy Prices Act 2022;

(e)

functions under regulations made under section 11(2) of the Energy Prices Act 2022;

(f)

the power which the Department has under section 22 of the Energy Prices Act 2022 (by virtue of paragraph 1(1)(g) of Schedule 5 to that Act) to give a direction in connection with—

(i)

the domestic gas price reduction scheme for Northern Ireland, or

(ii)

regulations made under section 11(2) (so far as relating to gas)”.

10 In Article 41A (meaning of relevant requirement in relation to electricity), in paragraph (4)—

(a) in sub-paragraph (j), omit the third “and”;

(b) after paragraph (k) insert—

“(l) section 6(2) of the Energy Prices Act 2022, except section 6(2)(c) insofar as non-compliance with the terms of the designated scheme involves the amounts payable by or to the Secretary of State under the scheme; and

(m) section 22 of the Energy Prices Act 2022,”.

11 In Article 41B (meaning of relevant requirement in relation to gas), in paragraph (3)—

(a) in sub-paragraph (i), omit the third “and”;

(b) after paragraph (j) insert—

“(k) section 7(2) of the Energy Prices Act 2022, except section 7(2)(c) insofar as non-compliance with the terms of the designated scheme involves the amounts payable by or to the Secretary of State under the scheme; and

(l) section 22 of the Energy Prices Act 2022,”.

12 In Article 63 (general restrictions on disclosure of information)—

(a) in paragraph (1)(a)—

(i) for “or Part II” substitute “, Part II”;

(ii) after “Gas Order” insert “, a relevant scheme or regulations made under section 11(1) or (2) or section 16 of the Energy Prices Act 2022”;

(b) in paragraph (3), after paragraph (b) insert—

“(ba) it is required by any person in exercise of a power to require information conferred by regulations under section 16 of the Energy Prices Act 2022;”;

(c) after paragraph (7) insert—

“(7A) Paragraph (1) does not apply to a disclosure of information which has been obtained—

(a) under or by virtue of a relevant scheme if it is made by a person in connection with that person’s performance of the terms of that relevant scheme;

(b) under or by virtue of regulations made under section 11(1) or (2) of the Energy Prices Act 2022 if the disclosure is made by a person in connection with the exercise of that person’s functions under the regulations.”;

(d) after paragraph (10) insert—

“(11) In this Article “relevant scheme” means—

(a) a domestic electricity price reduction scheme for Northern Ireland, or

(b) a domestic gas price reduction scheme for Northern Ireland,

established under section 5 of the Energy Prices Act 2022.”

The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007

13 The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7)) is amended as follows.

14 In Article 6 (the Single Electricity Market Committee), in paragraph (4), after sub-paragraph (d) insert—

“(e) the function of giving directions under section 6(3) of the Energy Prices Act 2022;

(f) a function under regulations made under section 11(1) of the Energy Prices Act 2022;”.

15 In Article 9 (principal objective and duties of Department, the Authority and SEM Committee in relation to SEM), in paragraph (8), in the definition of “electricity functions”, after paragraph (d) insert—

“(e)

functions under sections 5 and 6 of the Energy Prices Act 2022 (but only the functions under section 5 relating to electricity);

(f)

functions under regulations made under section 11(1) of the Energy Prices Act 2022;”.