Utilities Act 2000 (c. 27)

(The document as of February, 2008)

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(i) the Civil Aviation Authority;

(j) the Insolvency Practitioners Tribunal;

(k) the Coal Authority; and

(l) a local weights and measures authority in Great Britain.

(6) The Acts and instruments specified for the purposes of subsection (4)(a) and (g) are--

(a) the [1968 c. 29.] Trade Descriptions Act 1968;

(b) the [1973 c. 41.] Fair Trading Act 1973;

(d) the [1979 c. 38.] Estate Agents Act 1979;

(e) the [1980 c. 21.] Competition Act 1980;

(f) the [1983 c. 44.] National Audit Act 1983;

(g) the [1984 c. 12.] Telecommunications Act 1984;

(h) the [1986 c. 31.] Airports Act 1986;

(i) the [1986 c. 45.] Insolvency Act 1986;

(j) the [1987 c. 43.] Consumer Protection Act 1987;

(k) the [S.I. 1988/915.] Control of Misleading Advertisements Regulations 1988;

(l) the [1989 c. 15.] Water Act 1989, the [1991 c. 56.] Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of the Water Industry Act 1991);

(m) the [S.I. 1992/231 (N.I.1).] Electricity (Northern Ireland) Order 1992;

(n) the [1993 c. 43.] Railways Act 1993;

(o) the [1994 c. 21.] Coal Industry Act 1994;

(p) the [S.I. 1996/275 (N.I.2).] Gas (Northern Ireland) Order 1996;

(q) the [1998 c. 41.] Competition Act 1998.

(7) The Secretary of State may by order modify subsection (3), (4), (5) or (6).

(8) Nothing in subsection (1) is to be construed either as limiting the matters which may be--

(a) published under section 33DA or 35 of the 1986 Act or section 42AA or 48 of the 1989 Act;

(b) made public by the Authority as part of a notice under section 26; or

(c) included in, or made public as part of, a report of the Authority, the Council or the Competition Commission under any provision of this Act, Part I of the 1986 Act or Part I of the 1989 Act;

or as applying to information which has been so published or has been made public as part of such a notice or such a report.

(9) A person who discloses any information in contravention of this section is guilty of an offence and liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(10) In this section--

"licence holder" means the holder of a gas licence or an electricity licence; and
"relevant activities", in relation to a licence holder, means activities he is authorised by his licence to carry on (including, in the case of a gas transporter, the activities mentioned in section 7(1)(b) and (c) of the 1986 Act).

(11) Information obtained by the Authority in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the [1998 c. 41.] Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (10) of this section.

(12) The power to make an order under subsection (7) is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Supplementary

106 Interpretation

(1) In this Act--

"Authority" means the Gas and Electricity Markets Authority;
"Council" means the Gas and Electricity Consumer Council;
"electricity licence" means a licence under section 6 of the 1989 Act;
"gas licence" means a licence under section 7 or 7A of the 1986 Act;
"the 1986 Act" means the [1986 c. 44.] Gas Act 1986;
"the 1989 Act" means the [1989 c. 29.] Electricity Act 1989.

(2) Expressions used in this Act, as regards matters relating to gas, which are defined in section 48 or 66 of the 1986 Act or used in Part I of that Act have, unless the context otherwise requires, the same meaning as in that Part of that Act.

(3) Expressions used in this Act, as regards matters relating to electricity, which are defined in section 64 or 111 of the 1989 Act or used in Part I of that Act have, unless the context otherwise requires, the same meaning as in that Part of that Act.

(4) Section 46 of the 1986 Act (service of notices, etc.) shall apply to any document authorised or required by virtue of any provision of this Act to be served on or given to any person as if it were authorised or required to be served or given by virtue of that Act.

107 Financial provisions

There shall be paid out of money provided by Parliament--

(a) any expenditure incurred by the Authority by virtue of this Act;

(b) any expenditure incurred by the Secretary of State by virtue of this Act;

108 Amendments, transitional provisions and repeals

Schedule 6 (minor and consequential amendments), Schedule 7 (transitional provisions and savings) and Schedule 8 (repeals) have effect.

109 Power to make transitional provision etc

(1) The Secretary of State may by regulations make such transitional and consequential provisions and such savings as he considers necessary or expedient in preparation for, or in connection with, or in consequence of--

(a) the coming into force of any provision of this Act; or

(b) the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(2) Such regulations may make modifications of any enactment contained in any Act or subordinate legislation (including an enactment contained in this Act or in any Act passed or subordinate legislation made in the same Session as this Act).

(3) The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

110 Short title, commencement and extent

(1) This Act may be cited as the Utilities Act 2000.

(2) This Act (apart from this section and section 68) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

(3) An order under subsection (2) may contain transitional provisions and savings relating to the provisions being brought into force by the order.

(4) Any amendment or repeal made by this Act has the same extent as the enactment being amended or repealed.

(5) Subject to subsection (4), this Act does not extend to Northern Ireland. "

SCHEDULES

Section 1(4).

SCHEDULE 1 The Gas and Electricity Markets Authority

Membership

1 (1) The Authority shall consist of a chairman, and no fewer than two other members, appointed by the Secretary of State.

(2) The Secretary of State shall consult the chairman before appointing any other member.

Terms of appointment, remuneration, pensions etc.

2 (1) Subject to this Schedule, the chairman and other members shall hold and vacate office as such in accordance with the terms of their respective appointments.

(2) The terms of appointment of the chairman and other members shall be determined by the Secretary of State.

3 (1) An appointment of a person to hold office as chairman or other member shall be for a term not exceeding five years.

(2) A person holding office as chairman or other member--

(a) may resign that office by giving notice in writing to the Secretary of State; and

(b) may be removed from office by the Secretary of State on the ground of incapacity or misbehaviour.

(3) A previous appointment as chairman or other member does not affect a person's eligibility for appointment to either office.

4 (1) The Authority shall pay to the chairman and other members such remuneration, and such travelling and other allowances, as may be determined by the Secretary of State.

(2) The Authority shall, if required to do so by the Secretary of State--

(a) pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who is or has been the chairman or a member of the Authority; or

(b) make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3) If, where any person ceases to hold office as chairman or other member, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Authority shall pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State.

Staff

5 The Authority may, with the approval of the Minister for the Civil Service as to numbers and terms and conditions of service, appoint such staff as it may determine.

Committees

6 (1) The Authority may establish committees and any committee of the Authority may establish sub-committees.

(2) The members of a committee of the Authority may include persons who are not members of the Authority (and the members of a sub-committee may include persons who are not members of the committee).

Proceedings etc.

7 (1) The Authority may regulate its own procedure (including quorum).

(2) The validity of anything done by the Authority is not affected by a vacancy among its members or by a defect in the appointment of a member.

8 (1) The application of the seal of the Authority to a statutory instrument shall be authenticated by the signature of the chairman or by some other person who has been authorised by the Authority to act for that purpose.

(2) A document purporting to be duly executed under the seal of the Authority, or signed on its behalf, shall be received in evidence and, unless the contrary is proved, be taken to be so executed or signed.

Performance of functions

9 (1) Anything authorised or required to be done by the Authority may be done by--

(a) any member or employee of the Authority who is authorised for that purpose by the Authority, whether generally or specially;

(b) any committee of the Authority which has been so authorised.

(2) Sub-paragraph (1) does not apply to any power to make statutory instruments.

(3) In sub-paragraph (1)(b) "committee of the Authority" does not include a committee whose members include any person who is not a member or employee of the Authority.

10 The [1946 c. 36.] Statutory Instruments Act 1946 shall apply to any power to make statutory instruments conferred on the Authority by or under any Act as if the Authority were a Minister of the Crown.

Supplementary powers

11 (1) The Authority has power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.

(2) That power includes the formation of advisory bodies.

Section 2(4).

SCHEDULE 2 The Gas and Electricity Consumer Council

Membership of Council

1 (1) The Council shall consist of a chairman and such other members as may be appointed by the Secretary of State.

(2) The Secretary of State shall consult the chairman before appointing any other member.

(3) An appointment under this paragraph shall be for a term not exceeding five years.

(4) In appointing persons under this paragraph the Secretary of State shall have regard to the desirability of including among the members one or more persons who--

(a) have experience of work among, and the special needs of, disabled persons; or

(b) have or have had a disability.

2 (1) A person holding office as chairman or other member may resign that office by giving notice in writing to the Secretary of State.

(2) The Secretary of State may remove any person from office as chairman or other member on the ground of incapacity or misbehaviour.

(3) Otherwise, the chairman and other members shall hold and vacate office as such in accordance with the terms of their respective appointments.

(4) A previous appointment as chairman or other member does not affect a person's eligibility for appointment to either office.

Terms of appointment, remuneration, pensions etc.

3 The Council shall pay to the chairman and other members of the Council such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

4 (1) If the Secretary of State so determines in the case of any holder of the office of chairman or other member, the Council shall pay--

(a) such pension, allowance or gratuity to or in respect of him, or

(b) such contributions or payments towards provision for such a pension, allowance or gratuity,

as the Secretary of State may determine.

(2) If, when any person ceases to hold office as chairman or other member, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Council shall pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State.

Staff

5 (1) The Council shall, with the approval of the Secretary of State, appoint a principal officer on such terms of employment as it may, with that approval, determine.

(2) The Council may, with the approval of the Secretary of State as to numbers and terms of employment, appoint such other employees as it may determine.

(3) The persons to whom section 1 of the [1972 c. 11.] Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) applies shall include employees of the Council.

(4) The Council shall pay to the Minister for the Civil Service at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the [1972 c. 11.] Superannuation Act 1972.

Annual reports

6 (1) As soon as practicable after the end of each financial year the Council shall report to the Secretary of State on its activities during the year.

(2) The annual report for each year shall include a report on the progress of the projects described in the Council's forward work programme for that year.

(3) In making any report under this paragraph the Council shall not include any information which relates to the affairs of a particular individual or body of persons (corporate or unincorporate) unless one or more of paragraphs (a) to (c) of sub-paragraph (4) applies to the information.

(4) Information relating to a particular individual or body may be included in the report if--

(a) that individual or body has consented to its inclusion;

(b) it is information that is available to the public from some other source; or

(c) it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body.

(5) Before deciding to include any information relating to a particular individual or body in pursuance of sub-paragraph (4)(c), the Council shall--

(a) consult that person or body; and

(b) have regard to any opinion expressed by the Authority as to the application of sub-paragraph (4)(c) to the information or as to the desirability or otherwise of its publication,

and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information.

(6) The Secretary of State shall lay a copy of each annual report of the Council before each House of Parliament.

(7) The Council shall send a copy of each annual report to the Authority and shall arrange for the report to be published in such manner as it considers appropriate.

Financial provisions and accounts

7 It shall be the duty of the Council to comply with any notice given by the Secretary of State with the approval of the Treasury requiring it to perform duties of a financial nature specified in the notice.

8 (1) The Council shall prepare, in respect of each financial year, a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the Council.

(2) The statement of accounts shall comply with any requirement which the Secretary of State has, with the approval of the Treasury, notified to the Council.

(3) The Council shall send each statement of accounts of the Council to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which it relates as the Secretary of State may specify by notice given to the Council.

(4) The Comptroller and Auditor General shall--

(a) examine, certify and report on each statement of accounts received by him under sub-paragraph (3), and

(b) lay a copy of each such statement of accounts, and of his report on it, before each House of Parliament.

9 The Secretary of State shall pay to the Council such sums as he thinks fit to enable it to meet its expenses.

Regional and other committees and sub-committees

10 The Council may establish committees (in addition to the regional committees) and any regional or other committee of the Council may establish sub-committees.

11 (1) The Council shall not establish or abolish a regional committee, or alter the areas for which a regional committee is established, except with the approval of the Secretary of State.

(2) If the Council proposes to do anything mentioned in sub-paragraph (1) it shall, after consulting the Secretary of State, give notice--

(a) describing its proposals; and

(b) specifying the time from the date of the notice (not being less than two months) within which representations may be made with respect to the proposals;

and shall consider any representations that are duly made and not withdrawn.

(3) A notice under sub-paragraph (2) shall be given by publishing it in such manner as the Council considers appropriate for bringing the proposals to the attention of those likely to be affected.

(4) The Secretary of State shall not give his approval under sub-paragraph (1) until after the time specified in the notice under sub-paragraph (2).

12 (1) A regional or other committee of the Council shall consist of a chairman and such other members as the Council may determine.

(2) The chairman and other members of a regional or other committee of the Council may be persons who are not members of the Council; and the members of a sub-committee may include persons who are not members of the relevant committee.

(3) The Council shall consult the Secretary of State before appointing a person as chairman of a regional committee.

13 The Council may pay to the chairman and other members of a regional or other committee of the Council, or of any sub-committee, such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

14 (1) If the Secretary of State so determines in the case of any holder of the office of chairman or other member of a regional or other committee, or of any sub-committee, the Council shall pay--

(a) such pension, allowance or gratuity to or in respect of him, or

(b) such contributions or payments towards provision for such a pension, allowance or gratuity,

as the Secretary of State may determine.

(2) If, when any person ceases to hold office as chairman or other member of a regional or other committee, or of any sub-committee, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Council shall pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State.

Performance of functions of the Council

15 Anything authorised or required to be done by the Council may be done by any member or employee of the Council who, or any regional or other committee of the Council which, is authorised for the purpose by the Council (whether generally or specially).

16 The validity of anything done by the Council is not affected by a vacancy among its members or by a defect in the appointment of a member.

Supplementary powers

17 (1) The Council shall have power to do anything which is calculated to facilitate, or is incidental or conducive to, the performance of any of its functions.

(2) That power includes, among other things, power to enter into agreements and to acquire and dispose of property.

(3) The Council may make charges for facilities or services provided by it at the request of any person.

Section 3(8).

SCHEDULE 3 Further provision about transfers of functions, property etc.

Preliminary

1 In this Schedule--

"transfer" means--
(a)
a transfer of functions under any provision of this Act to the Authority; or
(b)
a transfer of property, rights and liabilities under section 3; and
"transfer scheme" means a transfer scheme under section 3(3).

Contents of transfer schemes

2 (1) The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned.

(2) The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

3 A transfer scheme may define the property, rights and liabilities to be transferred by specifying them or describing them or by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor (or partly in one way and partly in the other).

4 A transfer scheme may include such supplementary, incidental, transitional and consequential provision as the Secretary of State considers appropriate.

Modification of transfer scheme after appointed day

5 (1) If, after the day appointed by a transfer scheme, the transferor and transferee so agree in writing, the scheme shall for all purposes be deemed to have come into force on that day with such modifications as may be agreed.

(2) An agreement under this paragraph may, in connection with giving effect to modifications to the scheme, include incidental, supplemental, consequential and transitional provision.

Effect of transfers

6 (1) Anything done by the transferor for the purpose of or in connection with anything transferred which is in effect immediately before it is transferred shall be treated as if done by the transferee.

(2) A transfer does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

7 There may be continued by or in relation to the transferee anything (including legal proceedings) relating to anything transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.

8 The transferee shall be substituted for the transferor in any document relating to anything transferred.

Continuity of employment, etc. of transferred employees

9 (1) Where a person employed in the civil service of the state becomes an employee of the Council under a transfer scheme, his period of employment in that service counts as a period of employment with the Council for the purposes of the [1996 c. 18.] Employment Rights Act 1996 (and the change of employer does not break the continuity of the period of employment for those purposes).

(2) Where an employee of the Gas Consumers' Council becomes an employee of the Gas and Electricity Consumer Council--

(a) he shall not be regarded for the purposes of Part XI of the [1996 c. 18.] Employment Rights Act 1996 as having been dismissed by virtue of the transfer; and

(b) his period of employment with the Gas Consumers' Council counts as a period of employment with the Gas and Electricity Consumer Council for the purposes of the [1996 c. 18.] Employment Rights Act 1996 (and the change of employer does not break the continuity of his employment).

Section 51.

SCHEDULE 4 Schedule to be substituted for Schedule 6 to the 1989 Act

" Schedule 6 The electricity code

Suppliers' charges relating to meters for disabled persons

1 (1) Where an electricity supplier, for the purpose of meeting the needs of a disabled person--

(a) alters the position of any electricity meter provided by him for a customer of his; or

(b) replaces such a meter with one which has been specially adapted,

the supplier shall not charge the customer for the alteration or replacement.

(2) Section 23 applies to any dispute arising under this paragraph.

Non-payment of suppliers' charges

2 (1) Where a customer has not, within the requisite period, paid all charges due from him to an electricity supplier in respect of the supply of electricity to any premises or the provision of an electricity meter, the supplier may--

(a) install a pre-payment meter on the premises; or

(b) disconnect the premises,

and the supplier may recover any expenses incurred in so doing from the customer.

(2) The power of a supplier under sub-paragraph (1)(a) or (b) may not be exercised--

(a) as respects any amount which is genuinely in dispute (disregarding for this purpose a dispute under section 39 or regulations made under it); and

(b) unless not less than seven working days' notice has been given to the occupier of the premises (or the owner of the premises if they are unoccupied) of his intention to exercise it.

(3) In this paragraph the "requisite period" means the period of 28 days after the making by the supplier of a demand in writing for payment of the charges due.

Deemed contracts in certain cases

3 (1) Where an electricity supplier supplies electricity to any premises otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the occupier (or the owner if the premises are unoccupied) for the supply of electricity as from the time ("the relevant time") when he began so to supply electricity.

(2) Where--

(a) the owner or occupier of any premises takes a supply of electricity which has been conveyed to those premises by an electricity distributor;

(b) that supply is not made by an authorised supplier; and

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