Utilities Act 2000 (c. 27)

(The document as of February, 2008)

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Existing gas licences

19 (1) The Secretary of State may, before the day on which section 81(2) comes into force, make one or more schemes for securing (subject to sub-paragraph (2)) that on and after that day the standard conditions which by virtue of section 81(2) are standard conditions for the purposes of gas licences of any type are incorporated in each gas licence of that type which is in force immediately before that day.

(2) A scheme under this paragraph may provide that the terms and conditions of any existing licence to which it relates (including both the terms and conditions of that licence and the standard conditions which would otherwise be incorporated by virtue of sub-paragraph (1)) shall have effect with--

(a) such incidental, consequential and supplementary amendments as appear to the Secretary of State to be necessary or expedient;

(b) such amendments relating to the revocation of the licence as the Secretary of State thinks fit; and

(c) such other amendments (if any) as may be agreed between the Secretary of State and the holder of the licence.

(3) Such a scheme may--

(a) make such transitional provision as appears to the Secretary of State to be necessary or expedient; and

(b) make different provisions for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.

(4) As soon as practicable after making a scheme under this paragraph, the Secretary of State shall publish, as respects each different case or class of case, the text on the commencement of section 81(2) of each gas licence to which the scheme relates.

(5) Any text so published shall be treated as authoritative unless the contrary is shown.

Effect of licensing schemes

20 (1) On the day on which a scheme under this Part of this Schedule comes into operation, the licences to which it relates shall have effect as provided for by the scheme.

(2) The modification under paragraph 17(2), 18(2) or 19(2) of part of what would otherwise be a standard condition of--

(a) a licence to be treated as granted by virtue of a scheme under paragraph 13, 14 or 15; or

(b) a licence to which a scheme under paragraph 16, 18 or 19 relates,

shall not prevent any other part of the condition which is not so modified being regarded as a standard condition for the purposes of Part I of the 1989 Act or Part I of the 1986 Act, as the case may be.

Provision of information by licence holders

21 (1) It shall be the duty of each holder of a licence under the 1986 Act to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by paragraph 19 in relation to such licences.

(2) It shall be the duty of each holder of a licence under the 1989 Act to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by this Part of this Schedule in relation to such licences.

Consultation by Secretary of State

22 The Secretary of State shall not exercise any function conferred on him by this Part of this Schedule except after consultation with--

(a) the Authority; and

(b) such holders of licences under the 1986 Act or such holders of licences under the 1989 Act as he considers appropriate.

Part III Former tariff customers

23 (1) This paragraph applies where immediately before the commencement date a public electricity supplier ("the supplier") is supplying tariff customers with electricity.

(2) The supplier's supply successor shall be deemed to have contracted with those customers for the supply of electricity as from that day.

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

(4) Before such date as the Secretary of State may direct, the supplier shall make a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (2), are to be deemed to have been made by the supplier.

(5) A scheme under this paragraph may (subject to section 7B of the 1989 Act)--

(a) make different provisions for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme; and

(b) make such supplemental, incidental, consequential and transitional provisions as the supplier considers appropriate.

(6) A scheme under this paragraph shall not take effect unless it is approved by the Authority; and the Authority may modify such a scheme before approving it.

(7) If, in relation to such a scheme--

(a) the supplier fails, before the date specified under sub-paragraph (4), to submit the scheme for the approval of the Authority; or

(b) the Authority decides not to approve the scheme that has been submitted by the supplier (either with or without modifications),

the Authority may itself make the scheme.

(8) It shall be the duty of the supplier to provide the Authority with all such information and other assistance as it may require for the purposes of or in connection with the exercise of any function conferred by sub-paragraph (6) or (7).

(9) The Authority shall not exercise any function conferred by sub-paragraph (6) or (7) except after consultation with the supplier.

(10) A scheme made under this paragraph shall be published in the London and Edinburgh Gazettes before the commencement date and shall come into operation on that date; and conclusive evidence of a scheme so made may be given in all courts of justice and in all legal proceedings whatever by the production of a copy of either of those Gazettes purporting to contain it.

(11) In this paragraph--

• "commencement date" means the date on which section 45 comes into force; and

• "supply successor", in relation to a public electricity supplier, means the person who becomes an electricity supplier by virtue of a scheme made by or in relation to that public electricity supplier under Part II of this Schedule.

Part IV Other transitional provisions and savings

Compensation for members of abolished consumer bodies

24 The Secretary of State may pay to any person who immediately before the abolition by this Act of--

(a) a consumers' committee established under section 2 of the 1989 Act; or

(b) the Gas Consumers' Council,

is the chairman or member of that body such sums by way of compensation for loss of office, or loss or diminution of pension rights, as the Secretary of State may with the approval of the Treasury determine.

Consultation by Council before establishing regional committees

25 The requirements in paragraph 11(2) to (4) of Schedule 2 to this Act do not apply to any regional committee of the Gas and Electricity Consumer Council which is established within the period of two months beginning with the day on which section 18(2) of this Act comes into force.

First financial years of Authority and Council

26 (1) In this paragraph "the body" means the Authority or the Council.

(2) If the period beginning with the day on which the body is established and ending with the next 31st March is six months or more, the first financial year of the body is that period.

(3) If the period mentioned in sub-paragraph (2) is less than six months, the first financial year of the body is the period beginning with the day on which the body is established and ending with 31st March in the following year.

First forward work programmes of Authority and Council

27 The Authority's first forward work programme required by section 4(1) shall relate to the financial year following its first financial year.

28 (1) The Council's first forward work programme required by section 4(1) shall be published within the period of three months beginning with the day on which the Council is established.

(2) That forward work programme shall relate to the Council's plans for the period beginning with the day on which it is published and ending with the last day of the Council's first financial year (and section 4 shall apply accordingly).

Last annual reports of the Directors

29 (1) After the abolition of the offices of Director General of Gas Supply and Director General of Electricity Supply, any duty of either Director to make an annual report, in relation to any calendar year for which such a report has not been made, shall be carried out by the Authority.

(2) The period between the abolition of those offices and the end of the preceding calendar year (if less than 12 months) shall be treated as the calendar year for which the last annual reports are required.

(3) If that period is nine months or more, the Authority shall make the last annual reports as soon as practicable after the end of that period.

(4) If that period is less than nine months, the last annual reports shall be made no later than the first report of the Authority under section 5(1).

(5) In this paragraph "annual reports" means reports required by section 39(1) of the 1986 Act and section 50(1) of the 1989 Act.

Last annual report of the Gas Consumers' Council

30 (1) After the abolition of the Gas Consumers' Council, any duty of the Gas Consumers' Council to make an annual report, in relation to any calendar year for which such a report has not been made, shall be carried out by the Council.

(2) The period between the abolition of the Gas Consumers' Council and the end of the preceding calendar year (if less than 12 months) shall be treated as the calendar year for which the last annual report is required.

(3) If that period is nine months or more, the Council shall make the last annual report as soon as practicable after the end of that period.

(4) If that period is less than nine months the last annual report shall be made no later than the first report of the Council under paragraph 6 of Schedule 2.

(5) In this paragraph "annual report" means a report required by section 41 of the 1986 Act.

Investigations being carried out under the 1986 Act

31 (1) This paragraph applies to any matter--

(a) being investigated by the Director General of Gas Supply under section 31 of the 1986 Act (duty to investigate certain matters) immediately before the repeal by this Act of that section;

(b) being investigated by the Gas Consumers' Council under section 32 of the 1986 Act immediately before the commencement of section 22(1) above;

(c) being investigated by that Council under section 32A of the 1986 Act immediately before the repeal by this Act of that section;

(d) being investigated by that Council under section 33 of the 1986 Act (power to investigate certain matters) immediately before the commencement of section 23(1) above.

(2) If the matter being investigated is a matter which appears to the Council to be a matter which is or amounts to a complaint to which section 32 of the 1986 Act (as substituted by section 22(1) above) applies, the Council shall treat the matter as if it were a complaint referred to it under that section.

(3) In any other case the Authority shall either--

(a) agree with the Council that the Council is to investigate the matter under section 33 of the 1986 Act (as substituted by section 23(1) above); or

(b) make such further investigations of the matter, and take such action, as it considers appropriate.

(4) Where the Council or the Authority is required by virtue of sub-paragraph (2) or (3) to investigate a matter, it may treat anything done by the Director General of Gas Supply or the Gas Consumers' Council in investigating that matter as if done for the purposes of its own investigation.

(5) The Director General of Gas Supply and the Gas Consumers' Council shall give the Authority and the Council such information or assistance as may be necessary to enable them to carry out their functions under this paragraph.

Investigations being carried out under the 1989 Act

32 (1) This paragraph applies to any matter--

(a) being investigated by the Director General of Electricity Supply or a consumers' committee under section 45 of the 1989 Act (investigation of enforcement matters) immediately before the repeal by this Act of that section;

(b) being investigated by a consumers' committee under section 46 of the 1989 Act (duty of consumers' committees to investigate certain matters) immediately before the commencement of section 22(2) above.

(2) If the matter being investigated is a matter which appears to the Council to be a matter which is or amounts to a complaint to which section 46 of the 1989 Act (as substituted by section 22(2) above) applies, the Council shall treat the matter as if it were a complaint referred to it under that section.

(3) In any other case the Authority shall either--

(a) agree with the Council that the Council is to investigate the matter under section 46A of the 1989 Act (as inserted by section 23(2) above); or

(b) make such further investigations of the matter, and take such action, as it considers appropriate.

(4) Where the Council or the Authority is required by virtue of sub-paragraph (2) or (3) to investigate a matter, it may treat anything done by the Director General of Electricity Supply or a consumers' committee in investigating that matter as if done for the purposes of its own investigation.

(5) The Director General of Electricity Supply and the consumers' committees shall give the Authority and the Council such information or assistance as may be necessary to enable them to carry out their functions under this paragraph.

Section 108.

SCHEDULE 8 Repeals

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Chapter	Short title	Extent of repeal
1967 c. 13.	Parliamentary Commissioner Act 1967.	In Schedule 2, the entries for the East Midlands Region Electricity Consumers' Committee, the Eastern Region Electricity Consumers' Committee, the Office of the Director General of Electricity Supply, the Gas Consumers' Council, the Office of the Director General of Gas Supply, the London Region Electricity Consumers' Committee, the Merseyside and North Wales Region Electricity Consumers' Committee, the Midlands Region Electricity Consumers' Committee, the North Eastern Region Electricity Consumers' Committee, the North Western Region Electricity Consumers' Committee, the North of Scotland Region Electricity Consumers' Committee, the South Eastern Region Electricity Consumers' Committee, the South of Scotland Region Electricity Consumers' Committee, the South Wales Region Electricity Consumers' Committee, the South Western Region Electricity Consumers' Committee and the Southern Region Electricity Consumers' Committee.
1970 c. 44.	Chronically Sick and Disabled Persons Act 1970.	In section 14(1), the words "the Gas Consumers' Council" and "the consumers' committees appointed under section 2 of the Electricity Act 1989".
1975 c. 24.	House of Commons Disqualification Act 1975.	In Part II of Schedule 1, the entry for the Gas Consumers' Council.
		In Part III of Schedule 1, the entries for the Chairman of a consumers' committee appointed under section 2 of the Electricity Act 1989, the Chairman of the Gas Consumers' Council, the Director General of Gas Supply and the Director General of Electricity Supply.
1975 c. 25.	Northern Ireland Assembly Disqualification Act 1975.	In Part II of Schedule 1, the entry for the Gas Consumers' Council.
		In Part III of Schedule 1, the entries for the Chairman of a consumers' committee appointed under section 2 of the Electricity Act 1989, the Director General of Gas Supply and the Director General of Electricity Supply.
1986 c. 44.	Gas Act 1986.	Sections 1 to 3.
		In section 5, in subsection (1), the words "and Schedule 2A to this Act" and subsection (2).
		In section 6A(1), the words "after consultation with the Director".
		In section 7, in subsections (5) and (6) the words "or extension" (in each place where they appear), in subsection (5), the words "or, in the case of an extension, such shorter time as may be prescribed" and subsections (7), (8) and (11).
		Section 7A(12).
		In section 7B, subsection (4)(b), subsection (4)(d) and the word "and" preceding it, in subsection (6) the words "specified or described in the licence" and in subsection (9), the word "and" preceding paragraph (b).
		In section 8(1), the words "and sections 23(2), 26(1A) and 27(2) below".
		In section 8A(1), the words ", paragraph 4 of Schedule 2A to this Act".
		Section 15A(10).
		In section 22A(1), in paragraph (b) the words "in that area" (in both places where they appear) and the word "and" preceding paragraph (c).
		In section 24(2) the words "or all" preceding paragraph (e).
		Sections 39 to 41.
		Section 42.
		In section 47(7), the words from "and the" to the end.
		In section 48(1), the definition of "the Council" and the definition of "domestic customer".
		In section 48, subsections (3) and (4).
		In section 66, the definition of "the Director".
		Schedules 1, 2 and 2A.
		In Schedule 2B, paragraph 7(2), in paragraph 8(2)(b) and in the definition of "gas supplier" in paragraph 9(5), the words "or an exception contained in Schedule 2A to this Act", paragraph 8(4), (5) and (6) and in paragraph 8(8) the words from "but this" to the end.
		In Schedule 3, paragraph 20.
		In Schedule 7, paragraph 15(2).
1986 c. 45.	Insolvency Act 1986.	Section 233(5)(b).
		Section 372(5)(b).
1987 c. 43.	Consumer Protection Act 1987.	In sections 10(7)(c) and 11(7)(c), the words "or paragraph 5 of Schedule 2A to that Act (supply to very large customers an exception to prohibition on unlicensed activities)".
1989 c. 29.	Electricity Act 1989.	Sections 1 and 2.
		In section 4(1), the words "or exemption".
		In section 9, in subsection (2) the words "subject to subsection (3) below", and subsections (3) and (4).
		In section 10(1)(a), the words "a public electricity supplier or".
		In section 12, in subsection (2) the words "or all" and subsections (9) and (9A).
		Section 18.
		Section 20(2) and (4).
		In section 25(5), paragraphs (b) and (c).
		Section 33.
		Section 39(5), (5A) and (6).
		Section 40(1A).
		In section 42, in subsection (1), paragraph (c) (and the word "and" preceding it), in subsection (2)(b) the words "or 41 above" and subsections (3), (4) and (5).
		Section 42B.
		Section 45.
		Section 47(4).
		In section 49(2), the word "and" preceding paragraph (d).
		Sections 50 to 55.
		Section 57.
		In section 64(1), the definition of "private electricity supplier", the definition of "public electricity supplier" and the definition of "tariff customer".
		In section 111(1), the definition of "the Director".
		Schedules 1 and 2.
		In Schedule 3, paragraph 21.
		In Schedule 7, in paragraph 1(7) the words from "as if" to the end, in paragraph 5(3) the words "a public electricity supplier or by", in paragraph 6(1) the words "a public electricity supplier or", paragraph 6(5), paragraph 10(3) and in paragraph 13 the definition of "electricity supplier".
		In Schedule 16, paragraph 35.
1992 c. 15.	Offshore Safety Act 1992.	Section 2(3)(b).
1992 c. 43.	Competition and Service (Utilities) Act 1992.	Section 14.
		Section 20.
		Section 22.		Other