The Electricity and Gas (Smart Meters Licensable Activity) Order 2012

Amendment to section 4 (prohibition on unlicensed supply etc)

4.—(1) Section 4(1) (prohibition on unlicensed supply etc) is amended as follows.

(2) In subsection (1)—

(a) omit the word “or” after paragraph (c); and

(b) after paragraph (d), insert—

“; or

(e) provides a smart meter communication service,”.

(3) After subsection (3F), insert—

“(3G) A reference in this Part to providing a smart meter communication service is a reference to making arrangements with each domestic supplier to provide a service, for such suppliers, of communicating relevant information to and from smart meters through which electricity is supplied to domestic premises.”.

(4) After subsection (5), insert—

“(6) In this section—

“domestic supplier” means an electricity supplier—

(a)

who is authorised, in accordance with the conditions of a licence, to supply electricity to domestic premises; and

(b)

who supplies electricity to domestic premises in accordance with that licence;

“external electronic communications network” means a network which—

(a)

is an electronic communications network, within the meaning of section 32 of the Communications Act 2003(2); and

(b)

does not form part of a smart meter;

“relevant information” means information relating to the supply of electricity; and

“smart meter” means—

(a)

an electricity meter which can send and receive information using an external electronic communications network; or

(b)

an electricity meter and a device which is associated with or ancillary to that meter and which enables information to be sent to and received by the meter using an external electronic communications network.”.

(1)

Relevant amendments were made by section 108 of and Schedule 8 to the Utilities Act 2000 (c. 27) and sections 89, 135, 145 and 197 of the Energy Act 2004 (c. 20).

(2)

2003 c. 21. Section 32 was amended by SI 2011/1210.