Utilities Act 2000 (c. 27)

(The document as of February, 2008)

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the owner or occupier shall be deemed to have contracted with the appropriate supplier for the supply of electricity as from the time ("the relevant time") when he began to take such a supply.

(3) Nothing in sub-paragraph (2) shall be taken to afford a defence in any criminal proceedings.

(4) The Authority shall publish a document containing provision for determining the "appropriate supplier" for the purposes of sub-paragraph (2).

(5) The Authority may revise the current document published under sub-paragraph (4); and where it does so it shall publish the revised document.

(6) The express terms and conditions of a contract which, by virtue of sub-paragraph (1) or (2), is deemed to have been made shall be provided for by a scheme made under this paragraph.

(7) Each electricity supplier shall make (and may from time to time revise), a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (1) or (2), are to be deemed to have been made.

(8) The terms and conditions so determined may include terms and conditions for enabling the electricity supplier to determine, in any case where the meter is not read immediately before the relevant time, the quantity of electricity which is to be treated as supplied by the supplier to the premises, or taken by the owner or occupier of the premises, during the period beginning with the relevant time and ending with--

(a) the time when the meter is first read after the relevant time; or

(b) the time when the supplier ceases to supply electricity to the premises, or the owner or occupier ceases to take a supply of electricity,

whichever is the earlier.

(9) A scheme under this paragraph may (subject to section 7B) make different provision for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme.

(10) As soon as practicable after an electricity supplier makes a scheme under this paragraph, or a revision of such a scheme, he shall--

(a) publish, in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it, a notice stating the effect of the scheme or revision;

(b) send a copy of the scheme or revision to the Authority and to the Council; and

Supplies of electricity illegally taken

4 (1) Where any person takes a supply of electricity which is in the course of being conveyed by an electricity distributor, the distributor shall be entitled to recover from that person the value of the electricity so taken.

(2) Where--

(a) any person at premises at which a connection has been restored in contravention of paragraph 5(1) takes a supply of electricity which has been conveyed to those premises by an electricity distributor; and

(b) the supply is taken otherwise than in pursuance of a contract made with an authorised supplier, or of a contract deemed to have been made with an electricity supplier by virtue of paragraph 3 above or paragraph 23 (former tariff customers) of Schedule 7 to the Utilities Act 2000,

the distributor shall be entitled to recover from that person the value of the electricity so taken.

(3) Each electricity distributor shall make, and from time to time revise, a scheme providing for the manner in which, and the persons by whom, the quantity of electricity taken in such circumstances as are mentioned in sub-paragraph (1) or (2) is to be determined for the purposes of that sub-paragraph.

(4) Sub-paragraphs (9) and (10) of paragraph 3 shall apply in relation to a scheme under this paragraph as they apply in relation to a scheme under that paragraph.

(5) In this paragraph "value", in relation to any electricity taken in such circumstances as are mentioned in sub-paragraph (1) or (2), means the amount which, if the electricity had been taken in such circumstances as are mentioned in sub-paragraph (2) of paragraph 3, could reasonably be expected to have been payable in respect of the electricity under a contract deemed to have been made by virtue of that sub-paragraph.

Restoration of connection without consent

5 (1) Where, otherwise than in the exercise of a power conferred by regulations under section 29, premises have been disconnected by an electricity supplier or an electricity distributor, no person shall, without the consent of the supplier or, as the case may be, the distributor, restore the connection.

(2) A person who acts in contravention of this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) A connection restored in contravention of this paragraph may be disconnected by the distributor to whose distribution system the connection is made or, if the original disconnection was carried out by an electricity supplier, by that supplier.

Damage to electrical plant etc.

6 (1) A person who intentionally or by culpable negligence damages or allows to be damaged--

(a) any electric line or electrical plant provided by an electricity distributor; or

(b) any electricity meter provided by an electricity supplier,

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Where an offence has been committed under sub-paragraph (1) by the occupier of any premises (or by the owner of the premises if they are unoccupied when the offence is committed) in relation to any electric line or electrical plant provided by an electricity distributor for making or maintaining a connection to the premises, the distributor may disconnect the premises.

(3) Where an offence has been committed under sub-paragraph (1) in relation to an electricity meter provided by an electricity supplier which is situated on any premises, by the occupier (or by the owner of the premises if they are unoccupied when the offence is committed), the supplier may disconnect the premises and may remove the meter.

(4) A meter removed under sub-paragraph (3) shall be kept safely by the supplier until the Authority authorises its destruction or disposal.

(5) The distributor or supplier shall not be under any obligation to reconnect (and in the case of a supplier to restore the supply to) any premises disconnected under sub-paragraph (2) or (3) until--

(a) the offender is no longer the occupier or, as the case may be, the owner of the premises; or

(b) the matter in consequence of which the premises were disconnected has been remedied.

Entry during continuance of connection or supply

7 (1) Any officer or other person authorised by an electricity distributor may at all reasonable times enter any premises to which the distributor is maintaining a connection, for the purpose of inspecting any electric line or electrical plant provided by him.

(2) Any officer or other person authorised by an electricity supplier may at all reasonable times enter any premises to which electricity is being supplied by him for the purpose of--

(a) ascertaining the register of any electricity meter and, in the case of a pre-payment meter, removing any money or tokens belonging to the supplier;

(b) removing, inspecting or re-installing any electricity meter or installing any substitute meter.

(3) The supplier shall provide a substitute meter while a meter is removed under sub-paragraph (2)(b).

(4) Where an electricity supplier is authorised by paragraph 2(1) to install a pre-payment meter on any premises, any officer or other person authorised by the supplier may at all reasonable times enter the premises for the purpose of installing such a meter.

(5) A power of entry for the purpose of removing or installing an electricity meter may not be exercised unless at least two working days' notice has been given to the occupier (or the owner of the premises if they are unoccupied).

Entry on discontinuance of supply or connection

8 (1) Where an electricity supplier or an electricity distributor is authorised by paragraph 6(2) or (3) above or paragraph 11(3) of Schedule 7 to this Act--

(a) to disconnect any premises; or

(b) to remove an electricity meter,

any officer or other person authorised by the supplier or distributor may at all reasonable times enter the premises for the purpose of disconnecting the premises or removing the meter.

(2) Where--

(a) an electricity distributor is authorised by any provision of this Act (other than one mentioned in sub-paragraph (1)) or of regulations made under it to disconnect any premises;

(b) a person occupying premises which are connected to a distribution system of an electricity distributor ceases to require a connection; or

(c) a person entering into occupation of any premises connected to a distribution system of an electricity distributor does not require such a connection,

any officer or other person authorised by the distributor may at all reasonable times enter the premises for the purpose of disconnecting the premises or removing any electrical plant or electric line provided by the distributor.

(3) Where--

(a) an electricity supplier is authorised by any provision of this Act (other than one mentioned in sub-paragraph (1)), or of regulations made under it, to disconnect any premises or to discontinue the supply to any premises;

(b) a person occupying premises which are supplied with electricity by an electricity supplier ceases to require such a supply; or

(c) a person entering into occupation of any premises previously supplied with electricity by an electricity supplier does not require such a supply;

any officer or other person authorised by the supplier may at all reasonable times enter the premises for the purpose of disconnecting the premises or removing any electricity meter provided by the supplier.

(4) A power of entry under sub-paragraph (2) or (3) may not be exercised unless at least two working day's notice has been given to the occupier (or to the owner of the premises if they are unoccupied).

Entry for replacing, repairing or altering lines or plant

9 (1) Any officer or other person authorised by an electricity distributor may at all reasonable times enter any premises for the purpose of--

(a) placing a new electric line or any new electrical plant in the place of or in addition to any existing line or plant which has already been lawfully placed; or

(b) repairing or altering any such existing line or plant.

(2) A power of entry under sub-paragraph (1) may not be exercised unless at least five working days' notice has been given to the occupier of any premises (or to the owner of the premises if they are unoccupied).

(3) In the case of emergency arising from faults in an electric line or any electrical plant entry may be made under sub-paragraph (1) above without the notice required by sub-paragraph (2), but notice shall then be given as soon as possible after the occurrence of the emergency.

Provisions as to powers of entry

10 (1) The [1954 c. 1.] Rights of Entry (Gas and Electricity Boards) Act 1954 (entry under a justice's warrant) shall apply in relation to the powers of entry conferred by this Schedule.

(2) Any reference in this Schedule to an officer or other person authorised by an electricity supplier or an electricity distributor includes a reference to a person who, in accordance with a written authority given by the supplier or distributor to an agent of the supplier or distributor, is authorised by the agent on behalf of the supplier or distributor.

(3) Where in pursuance of any power of entry conferred by this Schedule, entry is made on any premises by a person authorised to do so--

(a) that person shall ensure that the premises are left no less secure by reason of the entry; and

(b) the supplier or distributor shall make good, or pay compensation for, any damage caused by that person (or by any other person accompanying him under sub-paragraph (5)) in entering the premises, in taking any action on the premises or in making them secure.

(4) A person may only exercise a power of entry conferred by this Schedule on production of some duly authenticated document showing his authority.

(5) Any person exercising a power of entry conferred by this Schedule may be accompanied by such other persons as may be necessary or expedient for the purpose for which the entry is made or for the purposes of sub-paragraph (3)(a) or (b) above.

(6) A person who intentionally obstructs a person exercising powers of entry conferred by this Schedule shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Electrical plant etc. not to be subject to distress

11 (1) This paragraph applies to any electric line, electrical plant or electricity meter belonging to or provided by an electricity distributor or electricity supplier which is marked or impressed with a sufficient mark or brand indicating an electricity supplier or electricity distributor as the owner or provider thereof.

(2) Anything to which this paragraph applies--

(a) shall be deemed not to be landlord's fixtures, notwithstanding that they may be fixed or fastened to any part of any premises; and

(b) shall not in England and Wales be subject to distress or be liable to be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession they may be. "

Section 52.

SCHEDULE 5 Electricity metering

1 Schedule 7 to the 1989 Act (use etc. of electricity meters) is amended as follows.

2 (1) For the expression "electricity supplier" in each place it appears (otherwise than in the expression "public electricity supplier") there is substituted "authorised supplier".

(2) In paragraph 13 the definition of "electricity supplier" shall be omitted.

3 (1) Paragraph 1 (consumption to be ascertained by appropriate meter) is amended as follows.

(2) After sub-paragraph (1) there is inserted--

" (1A) An authorised supplier may give a supply otherwise than through an appropriate meter in such circumstances as may be prescribed. "

(3) In sub-paragraph (2)--

(a) after "customer" there is inserted "(who may provide a meter which belongs to him or is made available otherwise than in pursuance of arrangements made by the supplier)"; and

(b) for "(whether by way of sale, hire or loan)" there is substituted "(who may provide a meter which belongs to him or to any person other than the customer)".

(4) In sub-paragraph (2A) for "a public electricity supplier" there is substituted "an authorised supplier".

(5) In sub-paragraphs (7) and (9), for "a public electricity supplier" there is substituted "an electricity supplier".

4 In paragraph 3 (offences relating to use of meter), after sub-paragraph (1) there is inserted--

" (1A) Regulations under paragraph 1(1A) may provide for this paragraph not to apply in such circumstances as may be prescribed (being circumstances in which an authorised supplier is not required to supply electricity through an appropriate meter). "

5 In paragraph 5(3) (certification without examination or testing of certain meters) the words "a public electricity supplier or by" shall cease to have effect.

6 In paragraph 6 (apparatus for testing etc. meters)--

(a) in sub-paragraph (1), the words "a public electricity supplier or"; and

(b) sub-paragraph (5),

shall cease to have effect.

7 In paragraph 10 (meters to be kept in proper order)--

(a) in sub-paragraph (1) for "belonging to" there is substituted "provided by";

(b) in sub-paragraph (2) for "let for hire or lent" there is substituted "provided";

" (2A) Section 23 of this Act shall apply in relation to any dispute arising under this paragraph between an electricity supplier and a customer. " ; and

(d) sub-paragraph (3) shall cease to have effect.

8 In paragraph 12 (pre-payment meters) for sub-paragraph (2) there is substituted--

" (2) A pre-payment meter installed on any premises shall not be used to recover any sum other than a sum owing to an authorised supplier in respect of the supply of electricity to those premises or the provision of the meter. "

Section 108.

SCHEDULE 6 Minor and consequential amendments

Part I Gas Act 1986

1 The [1986 c. 44.] Gas Act 1986 is amended as follows.

2 (1) In the following provisions, for "public gas transporter", in each place where it appears, there is substituted "gas transporter" and for "public gas transporters" in each place where it appears, there is substituted "gas transporters"--

section 7A
section 7B
section 8
section 9
section 10
section 11
section 12
section 13
section 18
section 18A
section 19
section 21
section 27A
section 43
section 46
section 48
section 62
Schedule 2B
Part I of Schedule 3
Schedule 4.

(2) In section 19(6)(a), paragraph 5(2) of Schedule 2B and Part II of Schedule 3, in each place where it appears, for "public gas transporter's" there is substituted "gas transporter's".

3 In section 5 (prohibition on unlicensed activities), in subsection (1)(a) and (c) for "public gas transporter" there is substituted "gas transporter".

4 In section 7 (licensing of public gas transporters), in subsections (2)(b), (6)(b) and (9) for "public gas transporter" there is substituted "gas transporter".

5 In section 7B (general provisions about licences), subsection (4)(d) (which provides for conditions in licences requiring the furnishing of information and is superseded by other provisions of this Act about information) shall cease to have effect.

The repeal of subsection (4)(d) of section 7B is without prejudice to the generality of the power conferred by subsection (4)(a) of that section.

6 In section 7B(9)--

(a) in paragraph (b)--

(i) for "or extension" in both places where it appears, there is substituted ", extension or restriction";

(ii) for "previously included" there is substituted "includes"; and

(b) at the end of paragraph (b) there is inserted " ; and

(c) to any other person who holds a licence and whose interests may, in the opinion of the Authority, be affected by the grant. " .

7 In section 15A (billing disputes)--

(a) for "domestic customer" (in each place) there is substituted "customer";

(b) subsection (10) shall cease to have effect.

8 (1) Section 24 (modification references to Competition Commission) is amended as follows.

(2) In subsection (1)(a)(i) and subsection (1A)(a), for "required" there is substituted "regulated".

(3) In subsection (6) for "4 and 4A(1) and (2) above" there is substituted "4AA, 4AB and 4A".

(4) In subsection (8) for "and 26 below" there is substituted ", 26 and 26A".

9 In section 27(3) and (4) (modification by order under other enactments) for "required" there is substituted "regulated".

10 In section 27A(1) (determination of certain disputes) for "domestic customer" there is substituted "customer of a person authorised by a licence or exemption to supply gas".

11 In section 28(5)(a) (circumstances in which the Authority may not make or confirm an order under the section) for "4 or 4A above" there is substituted "4AA, 4AB or 4A".

12 In section 28 (orders for securing compliance with certain provisions), in the definition of "relevant requirement" in subsection (8)--

(a) after "9(1)" there is inserted ", (1A)";

(b) after "12(1) or (6)" there is inserted ", 16(10),"

(d) "33BB" is omitted;

(e) for "or 33E" there is substituted ", 33F, 41A or 41B"; and

(f) after "Act" there is inserted "or section 27(4)(b) of the Utilities Act 2000 (order to comply with a direction under section 24 of that Act)".

13 In section 33A (standards of performance in individual cases)--

(a) for subsections (1) and (2) there is substituted--

" (1) The Authority may make regulations prescribing such standards of performance in connection with the activities of gas suppliers, so far as affecting customers or potential customers of theirs, as in the Authority's opinion ought to be achieved in individual cases.

(2) Regulations under this section may only be made with the consent of the Secretary of State. " ;

(b) in subsection (3)(a), for "domestic customers" there is substituted "customers or potential customers"; and

(c) in subsection (4), for "domestic customer" there is substituted "customer or potential customer" and after "failure" there is inserted "and is of a prescribed description".

14 In section 33C (information with respect to levels of performance), in subsection (2)(b), for "may be so specified" there is substituted "the Authority may direct".

15 Section 33E (procedures for dealing with complaints) shall cease to have effect.

16 In section 36(2) (keeping of register), in paragraph (c)--

(a) the words "made otherwise than by order" shall be omitted; and

(b) for "subsection (5)" there is substituted "subsection (7)".

17 In section 38 (power to require information etc.)--

(a) in subsection (1A) for "4 or 4A above" there is substituted "4AA, 4AB or 4A"; and

(b) in subsection (3) after "document" there is inserted "or record".

18 In section 46(3), for "his authorised area" there is substituted "any authorised area of his".

19 In section 48(1) (interpretation of Part I)--

(a) after the definition of "authorised area" there is inserted--

" "authorised supplier" means a person authorised by a licence or exemption to supply to any premises gas which has been conveyed to those premises through pipes;

"authorised transporter" means a person authorised by a licence or exemption to convey gas through pipes to any premises or to a pipe-line system operated by a gas transporter; " ;

(b) before the definition of "gas" there is inserted--

" "exemption" means an exemption under section 6A; " ;

(d) for the definition of "licence" there is substituted--

" "licence" means a licence under section 7 or 7A and "licence holder" shall be construed accordingly; " .

20 In section 62, after subsection (2A) there is inserted--

" (2AB) If immediately before the commencement of paragraph 2 of Schedule 6 to the Utilities Act 2000 (substitution of "gas transporter" for "public gas transporter") subsection (2A) applies to an agreement, that subsection continues to apply to that agreement notwithstanding the substitution. " .

21 In section 64(2) (orders) after "section" there is inserted "23, 30A, 33BC, 41A, 41C".

22 In section 66 (interpretation)--

(a) after the definition of "the appointed day" there is inserted--

" "the Authority" means the Gas and Electricity Markets Authority; " ; and

(b) after the definition of "the Corporation" there is inserted--

" "the Council" means the Gas and Electricity Consumer Council; " .

23 In Schedule 2B (the gas code), in paragraph 8--

(a) sub-paragraphs (4), (5) and (6) shall be omitted;

(b) in sub-paragraph (8) the words from "but this" to the end shall cease to have effect;

(i) for the words from "a revision" to "such an election" there is substituted "or a revision of such a scheme"; and

(ii) in paragraphs (a) and (b), for ", revision, election or withdrawal" there is substituted "or revision".

Part II Electricity Act 1989

24 The [1989 c. 29.] Electricity Act 1989 is amended as follows.

25 In section 12(7) (matters to which the Competition Commission is to have regard in making determinations) for "3 above" there is substituted "3A to 3C".

26 (1) Section 23 (determination of disputes) is amended as follows.

(2) For subsections (1) and (2) there is substituted--

" (1) This section applies (in addition to any disputes to which it applies by virtue of any other provision of this Act) to any dispute arising under sections 16 to 21 between an electricity distributor and a person requiring a connection.

(1A) A dispute to which this section applies--

(a) may be referred to the Authority by either party, or with the agreement of either party, by the Council; and

(b) on such a reference, shall be determined by order made either by the Authority or, if the Authority thinks fit, by an arbitrator (or in Scotland an arbiter) appointed by the Authority.

(1B) The practice and procedure to be followed in connection with any such determination shall be such as the Authority may consider appropriate.

(1C) No dispute arising under sections 16 to 21 which relates to the making of a connection between any premises and a distribution system may be referred to the Authority after the end of the period of 12 months beginning with the time when the connection is made.

(2) Where a dispute arising under sections 16 to 21 between an electricity distributor and a person requiring a connection falls to be determined under this section, the Authority may give directions as to the circumstances in which, and the terms on which, the distributor is to make or (as the case may be) to maintain a connection pending the determination of the dispute. "

(3) After subsection (4) there is inserted--

" (4A) A person making an order under this section shall include in the order his reasons for reaching his decision with respect to the dispute. "

(4) After subsection (6) there is inserted--

" (7) Section 16(4)(a) does not apply to the references in this section to making a connection. "

27 In section 25(5)(a) (circumstances in which the Authority may not make or confirm an order under the section) for "3 above" there is substituted "3A to 3C".

28 In section 25 (orders for securing compliance with certain provisions), in the definition of "relevant requirement" in subsection (8), for the words "or section 40(3), 41(3), 42A or 42B below" there is substituted ", or sections 32 to 32C, section 40, 40A, 42, 42A, 42C, 43A or 43B below or section 27(4)(b) of the Utilities Act 2000 (order to comply with a direction under section 24 of that Act)."

29 (1) Section 28 (power to require information etc.) is amended as follows.

(2) After subsection (2) there is inserted--

" (2A) Where a licence has been or is to be revoked or suspended, or has expired or is about to expire by effluxion of time, and it appears to the Authority, having regard to the duties imposed by section 3A, 3B or 3C, to be requisite or expedient to do so for any purpose connected with the revocation, suspension or expiry, the Authority may, with the consent of the Secretary of State, by notice in writing--

(a) require the licence holder to produce, at a time and place specified in the notice, to the Authority, or to any person so specified, any records which are specified or described in the notice and are in the licence holder's custody or under his control; or

(b) require the licence holder to furnish to the Authority, or to any person specified in the notice, such information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished. " .

(3) In subsection (3), after "documents" there is inserted "or records".

(4) In subsection (4), after "subsection (2)" there is inserted "or (2A)".

(5) In subsection (5)--

(a) after "document" there is inserted "or record";

(b) after "subsection (2)" there is inserted "or (2A)".

(6) In subsection (6), after "subsection (2)" there is inserted "or (2A)".

30 (1) Section 29 (regulations relating to supply and safety of electricity) is amended as follows.

(2) In subsection (1)(b), after "transmission" there is inserted ", distribution".

(3) In subsection (2)--

(a) in paragraph (a) for "supply" there is substituted "distribution";

(b) in paragraph (b) for "of supplies or transmissions" there is substituted "in the distribution or transmission";

(d) in paragraph (d) for the words from "persons" to "supply" (in the second place it appears) there is substituted "electricity distributors from any duty under section 16 or authorising them to disconnect any premises or distribution system".

31 (1) Section 30 (electrical inspectors) is amended as follows.

(2) In subsection (2)--

(a) in paragraph (a) for "supply" there is substituted "distribute";

(b) in paragraph (b) after "transmission" there is inserted ", distribution";

(3) In subsection (3)--

(a) in paragraph (b) for "generate, transmit or supply electricity" there is substituted "carry on licensable activities";

(b) in paragraph (c) for the words from "persons" to "supply" (in the second place it appears) there is substituted "electricity distributors from any duty under section 16 or authorising them to disconnect any premises or distribution system".

32 In section 39 (standards of performance in individual cases)--

(a) for subsection (1) there is substituted--

" (1) The Authority may, with the consent of the Secretary of State, make regulations prescribing such standards of performance in connection with the activities of electricity suppliers, so far as affecting customers or potential customers of theirs, as in the Authority's opinion ought to be achieved in individual cases. " ;

(b) in subsection (2), for the words from "and may" to the end there is substituted " and, if the Authority is of the opinion that the differences are such that no electricity supplier would be unduly disadvantaged in competing with other electricity suppliers, may make different provision for different electricity suppliers.";

(d) in subsections (3) and (4) for "a public electricity supplier" there is substituted "an electricity supplier".

33 In section 40 (overall standards of performance)--

(a) in subsection (1)(a) for "such" (in the second place it appears) there is substituted "electricity";

(b) in subsection (2) at the end there is inserted "if the Authority is of the opinion that the differences are such that no electricity supplier would be unduly disadvantaged in competing with other electricity suppliers";

(d) in subsection (3) for "public electricity supplier" there is substituted "electricity supplier".

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