SCHEDULE 12 continued PART 5 continued
Contents page 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-185 Last page
Energy BillPage 170
(7) In paragraph (b)—
(a) in sub-paragraph (i), for “(za)(ii), (iii)” substitute “(za)(iii), (zaa)(ii)”;
(b) in sub-paragraph (ii), for “(za)(ii)” substitute “(zaa)(ii)”.
(8) After subsection (9) insert—
“(9A) 5For the purposes of subsection (9)—
(a)
“construction site” means a construction site, as defined in
regulation 2(1) of the Construction (Design and
Management) Regulations 2007, to which those Regulations
apply, other than one to which regulation 46(1) of those
10Regulations applies;
(b)
the Office for Nuclear Regulation is responsible for health
and safety enforcement in relation to a construction site if, by
virtue of regulations under section 18(2) of the Health and
Safety at Work etc. Act 1974 (enforcement), it is responsible
15for the enforcement of any of the relevant statutory
provisions (within the meaning of that Act) in relation to the
site.”
(9) In subsection (10), after “(9)” insert “or (9A)”.
66
20The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/2541S.I. 2005/2541) is amended
as follows.
67 (1) Article 25 (enforcing authorities) is amended as follows.
(2) That Article becomes paragraph (1) and is amended as follows.
(3) In paragraph (b)—
(a) 25omit sub-paragraphs (i) and (ii);
(b) for sub-paragraph (iv) substitute—
“(iv)
any workplace which is, or is on, a
construction site, other than one in relation to
which the Office for Nuclear Regulation is
30responsible for health and safety
enforcement;”.
(4) After that paragraph insert—
“(bb) the Office for Nuclear Regulation in relation to—
(i)
any premises for which a licence is required by virtue
35of section 1 of the Nuclear Installations Act 1965 or for
which a permit is required by virtue of section 2 of
that Act;
(ii)
any premises for which such a licence or permit
would be required but for the fact that the premises
40are used by, or on behalf of, the Crown;
(iii)
any workplace which is, or is on, a construction site in
relation to which the Office for Nuclear Regulation is
responsible for health and safety enforcement;”.
(5) In paragraph (e)—
(a) 45in sub-paragraph (i), for “(b)(ii)” substitute “(bb)(ii)”;
(b) in sub-paragraph (ii), for “(b)(ii)” substitute “(bb)(ii)”.
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(6) After Article 25(1) insert—
“(2) For the purposes of paragraph (1)—
(a)
“construction site” means a construction site, as defined in
regulation 2(1) of the Construction (Design and
5Management) Regulations 2007, to which those Regulations
apply, other than one to which regulation 46(1) of those
Regulations applies;
(b)
the Office for Nuclear Regulation is responsible for health
and safety enforcement in relation to a construction site if, by
10virtue of regulations under section 18(2) of the Health and
Safety at Work etc. Act 1974 (enforcement), it is responsible
for the enforcement of any of the relevant statutory
provisions (within the meaning of that Act) in relation to the
site.”
68
15In Article 26 (enforcement of Order), in paragraph (3), after “Health and
Safety Executive” (in both places) insert “, Office for Nuclear Regulation”.
69
In Schedule 7 to the Government of Wales Act 2006 (subjects to which Acts
of the Assembly may relate), in Part 1, in the exceptions to paragraph 4
20(economic development), after “nuclear installations” insert “and the Office
for Nuclear Regulation”.
70
Section 57 of the Road Safety Act 2006 (which amends section 2 of the
Radioactive Material (Road Transport) Act 1991) is repealed.
71
In Schedule 6 to the Regulatory Enforcement and Sanctions Act 2008
(enactments specified for the purposes of orders under Part 3), the entry for
sections 2 to 6 of the Radioactive Material (Road Transport) Act 1991 is
repealed.
72
(1)
Part 1 of the Borders, Citizenship and Immigration Act 2009 (which provides
for certain functions of the Commissioners for Her Majesty’s Revenue and
Customs to be exercisable concurrently by the Secretary of State or the
Director of Border Revenue) is amended as follows.
(2)
35In section 1 (general customs functions of the Secretary of State), in
subsection (6), after paragraph (a) (but before the “and” immediately
following it) insert—
“(aa)
sections 77 and 78 of the Energy Act 2012 (HMRC functions
in relation to Office for Nuclear Regulation etc.),”.
(3)
40In section 7 (customs revenue functions of the Director of Border Revenue)
in subsection (7), after paragraph (a) (but before the “and” immediately
following it) insert—
“(aa)
sections 77 and 78 of the Energy Act 2012 (HMRC functions
in relation to Office for Nuclear Regulation etc.),”.
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73
In Schedule 19 to the Equality Act 2010 (public authorities: general), after the
entry for the Health and Safety Executive insert—
“(None) The Office for Nuclear Regulation.”
Section 107
1
(1)
On the transfer date, the designated property, rights and liabilities that are
to be transferred from the Oil and Pipelines Agency (“the transferor”) to the
Secretary of State (“the transferee”) are transferred and vest in accordance
10with the scheme.
(2)
The rights and liabilities that may be transferred by a scheme include those
arising under or in connection with a contract of employment.
(3)
A certificate by the Secretary of State that anything specified in the certificate
has vested in the Secretary of State by virtue of a scheme is conclusive
15evidence for all purposes of that fact.
(4) In this Schedule—
“civil service” means the civil service of the state;
“designated”, in relation to a scheme, means specified in or determined
in accordance with the scheme;
20“property” includes interests of any description;
“the transfer date” means a date specified by a scheme as the date on
which the scheme is to have effect;
“TUPE regulations” means the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246).
2 (1) 25A scheme may make provision—
(a)
for anything done by or in relation to the transferor in connection
with any property, rights or liabilities transferred by the scheme to
be treated as done, or to be continued, by or in relation to the
transferee;
(b)
30for references to the transferor in any agreement (whether written or
not), instrument or other document relating to any property, rights
or liabilities transferred by the scheme to be treated as references to
the transferee;
(c) about the continuation of legal proceedings;
(d)
35for transferring property, rights or liabilities which could not
otherwise be transferred or assigned;
(e)
for transferring property, rights and liabilities irrespective of any
requirement for consent which would otherwise apply;
(f)
for preventing a right of pre-emption, right of reverter, right of
40forfeiture, right to compensation or other similar right from arising
or becoming exercisable as a result of the transfer of property, rights
or liabilities;
(g)
for dispensing with any formality in relation to the transfer of
property, rights or liabilities by the scheme;
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(h)
for transferring property acquired, or rights or liabilities arising,
after the scheme is made but before it takes effect;
(i) for apportioning property, rights or liabilities;
(j)
for creating rights, or imposing liabilities, in connection with
5property, rights or liabilities transferred by the scheme;
(k)
for requiring the transferee to enter into any agreement of any kind,
or for a purpose, specified in or determined in accordance with the
scheme;
(l)
if the TUPE regulations do not apply in relation to the transfer, make
10provision which is the same or similar.
(2)
Sub-paragraph (1)(b) does not apply to references in primary legislation or
in subordinate legislation.
3 For the purposes of this Schedule—
(a)
an individual who holds employment in the civil service is to be
15treated as employed by virtue of a contract of employment, and
(b)
the terms of the individual’s employment in the civil service are to be
regarded as constituting the terms of the contract of employment.
Section 117
1 (1) The Gas Act 1986 is amended as set out in sub-paragraphs (2) to (7).
(2) After section 30F insert—
(1) 25This section applies where the Authority is satisfied that—
(a)
a regulated person has contravened, or is contravening, any
relevant condition or requirement, and
(b)
as a result of the contravention, one or more consumers have
suffered loss or damage or been caused inconvenience.
(2)
30The Authority may make an order (a “consumer redress order”)
requiring the regulated person to do such things as appear to the
Authority necessary for the purposes of—
(a) remedying the consequences of the contravention, or
(b)
preventing a contravention of the same or a similar kind from
35being repeated.
(3) A consumer redress order must specify the following—
(a) the regulated person to whom the order applies;
(b) the contravention in respect of which the order is made;
(c) the affected consumers, or a description of such consumers;
(d) 40the requirements imposed by the order;
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(e)
the date by which the regulated person must comply with
such requirements.
(4)
As soon as practicable after making a consumer redress order, the
Authority must—
(a)
5serve a copy of the order on the regulated person to whom
the order applies, and
(b) either—
(i)
serve a copy of the order on each affected consumer,
or
(ii)
10publish the order in such manner as the Authority
considers appropriate for the purpose of bringing it to
the attention of affected consumers.
(5)
The date specified in a consumer redress order under subsection
(3)(e) may not be earlier than the end of the period of 7 days from the
15date of the service of a copy of the order on the regulated person.
(6)
Different dates may be specified under subsection (3)(e) in relation to
different requirements imposed by the order.
(7) This section is subject to sections 30H to 30O.
(8) In this section and in sections 30H to 30O—
20“affected consumers”, in relation to a consumer redress order
(or proposed order), are those consumers that the Authority
is satisfied have suffered loss or damage, or been caused
inconvenience, as a result of the contravention in respect of
which the order is (or would be) made;
25“consumers” means consumers in relation to gas conveyed
through pipes;
“consumer redress order” means an order under subsection (2).
(1)
The things mentioned in section 30G(2) that a regulated person may
30be required to do under a consumer redress order (“the required
remedial action”) include, in particular—
(a)
paying an amount to each affected consumer by way of
compensation for the loss or damage suffered, or for the
inconvenience caused, as a result of the contravention;
(b)
35preparing and distributing a written statement setting out the
contravention and its consequences;
(c)
terminating or varying any contracts entered into between
the regulated person and affected consumers.
(2)
Where the required remedial action includes the payment of
40compensation, the order must specify—
(a) the amount of compensation to be paid, and
(b)
the affected consumers, or a description of such consumers,
to whom it is to be paid.
(3)
Where the required remedial action includes the preparation and
45distribution of a statement, the order may specify the information to
be contained in the statement and the form and manner in which it is
to be distributed.
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(4) The manner so specified may in particular include—
(a) sending a copy of the statement to each affected consumer;
(b)
publishing the statement in such manner as the Authority
considers appropriate for the purpose of bringing the
5statement to the attention of those consumers.
(5)
Where the required remedial action includes the termination or
variation of a contract with an affected consumer—
(a)
the order may specify the terms on which the contract is to be
terminated or the way in which it is to be varied,
(b)
10the requirement has effect only if, and to the extent that, the
affected consumer consents to the termination of the contract
on those terms or to its variation in that way, and
(c)
the order may specify the steps to be taken by the regulated
person for the purpose of enabling the affected consumer to
15give such consent.
(1)
Before making a consumer redress order the Authority must give
notice stating that it proposes to make the order.
(2) A notice under subsection (1) must specify—
(a) 20the regulated person to whom the order will apply,
(b) the contravention in respect of which the order is to be made,
(c) the affected consumers, or a description of such consumers,
(d)
the requirements to be imposed by the order and the period
within which such requirements are to be complied with, and
(e)
25the time (not being less than 21 days from the relevant date)
by which representations or objections with respect to the
proposed order may be made,
and the Authority must consider any representations or objections
which are duly made and not withdrawn.
(3)
30Before varying any proposal stated in a notice under subsection (1)
the Authority must give notice specifying—
(a) the proposed variation and the reasons for it, and
(b)
the time (not being less than 21 days from the relevant date)
by which representations or objections with respect to the
35proposed variation may be made,
and the Authority must consider any representations or objections
which are duly made and not withdrawn.
(4)
Before revoking a consumer redress order the Authority must give
notice—
(a)
40stating that it proposes to revoke the order and the reasons
for doing so, and
(b)
specifying the time (not being less than 21 days from the
relevant date) within which representations or objections to
the proposed revocation may be made,
45and the Authority must consider any representations or objections
which are duly made and not withdrawn.
(5) A notice required to be given under this section is to be given—
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(a) by serving a copy of the notice on the regulated person, and
(b) either—
(i)
by serving a copy of the notice on each affected
consumer, or
(ii)
5by publishing the notice in such manner as the
Authority considers appropriate for the purpose of
bringing the matters to which the notice relates to the
attention of affected consumers.
(6) The “relevant date”, in relation to a notice under this section, is—
(a)
10in a case where the notice is published in accordance with
subsection (5)(b)(ii), the date on which it is published;
(b)
in any other case, the latest date on which a copy of the notice
is served in accordance with subsection (5)(a) and (b)(i).
(1)
15The Authority must prepare and publish a statement of policy with
respect to—
(a) the making of consumer redress orders, and
(b)
the determination of the requirements to be imposed by such
orders (including, in particular, the considerations the
20Authority will have regard to in determining such
requirements).
(2) The Authority must have regard to its current statement of policy—
(a)
in deciding whether to make a consumer redress order in
respect of a contravention, and
(b)
25in determining the requirements to be imposed by any such
order.
(3)
The Authority may revise its statement of policy and, where it does
so, must publish the revised statement.
(4)
Publication under this section is to be in such manner as the
30Authority considers appropriate for the purpose of bringing the
matters contained in the statement of policy to the attention of
persons likely to be affected by them.
(5)
The Authority must consult such persons as it considers appropriate
when preparing or revising its statement of policy.
(1)
Where no final or provisional order has been made in relation to a
contravention, the Authority may not give a consumer redress order
in respect of the contravention later than the end of the period of 5
years from the time of the contravention.
(2) 40Subsection (1) does not apply if before the end of that period—
(a)
the notice under section 30I(1) relating to the order is served
on the regulated person, or
(b)
a notice relating to the contravention is served on the
regulated person under section 38(1).
(3)
45Where a final or provisional order has been made in relation to a
contravention, the Authority may give a consumer redress order in
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respect of the contravention only if the notice relating to the
consumer redress order under section 30I(1) is served on the
regulated person—
(a)
within 3 months from the confirmation of the provisional
5order or the making of the final order, or
(b)
where the provisional order is not confirmed, within 6
months from the making of the provisional order.
(1)
Compliance with a consumer redress order is enforceable by civil
10proceedings by the Authority—
(a) for an injunction or interdict,
(b)
for specific performance of a statutory duty under section 45
of the Court of Session Act 1988, or
(c) for any other appropriate remedy or relief.
(2) 15Proceedings under subsection (1) are to be brought—
(a) in England and Wales, in the High Court, or
(b) in Scotland, in the Court of Session.
(3)
The obligation of a regulated person to comply with a consumer
redress order is a duty owed to any person who may be affected by
20a contravention of the order.
(4)
Without limiting the Authority’s right to bring civil proceedings
under subsection (1), a duty owed to any person (“P”) by virtue of
subsection (3) may be enforced by civil proceedings by P for any
appropriate remedy or relief.
(5)
25For the purposes of subsection (4), the duty owed to P may in
particular be enforced by P as if it were contained in a contract
between P and the regulated person who owes the duty.
(1)
A regulated person in respect of whom a consumer redress order is
30made may make an application to the court under this section if the
person is aggrieved by—
(a) the making of the order, or
(b) any requirement imposed by the order.
(2)
An application under subsection (1) must be made within 42 days
35from the date of service on the regulated person of a copy of the
order under section 30G(4)(a).
(3) On an application under subsection (1) the court may—
(a) quash the order or any provision of the order, or
(b)
vary any such provision in such manner as the court
40considers appropriate.
(4)
The court may exercise the powers under subsection (3) only if it
considers it appropriate to do so in all the circumstances of the case
and is satisfied of one or more of the following grounds—
(a)
that the making of the order was not within the power of the
45Authority under section 30G;
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(b)
that any of the requirements under section 30G(4) and 30I
have not been complied with in relation to the making of the
order and the interests of the regulated person have been
substantially prejudiced by the non-compliance;
(c)
5that it was unreasonable of the Authority to require
something to be done under the order (whether at all or in
accordance with the provisions of the order).
(5)
If an application is made under this section in relation to a consumer
redress order, a requirement imposed by the order does not need to
10be carried out in accordance with the order until the application has
been determined.
(6)
Where the court substitutes a lesser amount of compensation for an
amount required by the Authority in a consumer redress order, it
may require the payment of interest on the substituted amount at
15such rate, and from such date, as it considers just and equitable.
(7)
Where the court specifies as a date by which any compensation
under a consumer redress order is to be paid a date before the
determination of the application under this section, it may require
the payment of interest on the amount from that date at such rate as
20it considers just and equitable.
(8)
Except as provided by this section, the validity of a consumer redress
order is not to be questioned by any legal proceedings whatever.
(9) In this section “the court” means—
(a) in relation to England and Wales, the High Court;
(b) 25in relation to Scotland, the Court of Session.
(1) If—
(a)
compensation is required to be paid under a consumer
redress order, and
(b)
30it is not paid by the date by which it is required to be paid in
accordance with the order,
the unpaid balance from time to time carries interest at the rate for
the time being specified in section 17 of the Judgments Act 1838.
(2)
The Authority may not make a consumer redress order where it is
35satisfied that the most appropriate way of proceeding is under the
Competition Act 1998.
(3)
The Authority’s power to make a consumer redress order as a result
of a contravention of a relevant condition or requirement is not to be
taken as limiting the Authority’s power to impose a penalty under
40section 30A in relation to the same contravention (whether instead
of, or in addition to, making a consumer redress order).
(4)
The power of the Authority to make a consumer redress order is not
exercisable in respect of any contravention before the coming into
force of Schedule 14 to the Energy Act 2013.
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(1)
The maximum amount of penalty that may be imposed on a
regulated person in respect of a contravention may not exceed 10 per
cent of the person’s turnover.
(2)
5The maximum amount of compensation that a regulated person may
be required to pay in respect of a contravention may not exceed 10
per cent of the person’s turnover.
(3)
Subsections (1) and (2) are subject to subsection (4) if, in respect of a
contravention, both a penalty is imposed and compensation is
10required to be paid.
(4)
The maximum amount in total of the penalty and compensation
combined in respect of the contravention may not exceed 10 per cent
of the regulated person’s turnover.
(5)
The Secretary of State may by order provide for how a person’s
15turnover is to be determined for the purposes of this section.
(6)
An order under subsection (5) may make different provision for
penalties and compensation.
(7)
An order under subsection (5) shall not be made unless a draft of the
instrument containing it has been laid before and approved by a
20resolution of each House of Parliament.
(8) In this section—
“compensation” means compensation that a regulated person is
required to pay by a consumer redress order;
“penalty” means a penalty imposed on a regulated person
25under section 30A.”
(3)
In section 28 (orders for securing compliance), in subsection (8) for “30F”
substitute “30O”.
(4) In section 30A (penalties), for subsections (8) and (9) substitute—
“(8A)
This section is subject to section 30O (maximum amount of penalty
30or compensation that may be imposed).”
(5) In the title of section 30E, after “Appeals” insert “against penalties”.
(6)
In section 38 (power to require information), in subsection (1) for “30F”
substitute “30O”.
(7)
In section 64 (provisions as to orders), in subsection (2) for “30A” substitute
35“30O”.
(8)
An order under section 30A(8) of the Gas Act 1986 that is in force
immediately before the coming into force of this paragraph—
(a)
is, on the coming into force of this paragraph, to have effect as if
made in accordance with section 30O(5) of that Act (as inserted by
40this paragraph), and
(b)
is to be taken as applying in relation to a requirement to pay
compensation imposed by a consumer redress order made under
section 30G of that Act (as inserted by this paragraph) as it applies in
relation to a penalty imposed under section 30A of that Act.