Infrastructure Bill (HC Bill 987)

(1) The Secretary of State must consult the Authority before making
regulations under this Schedule.

(2) Regulations under this Schedule may make provision requiring
relevant electricity distributors to exercise a reimbursement power
25(whether in all cases or in cases provided for in the regulations).

(3) Regulations under this Schedule may make provision for the
relevant electricity distributor to establish or estimate the amount of
first connection expenses — or an amount of any aspect of those
expenses — in cases where that distributor is not the person who
30made the first connection.

(4) Regulations under sub-paragraph (3) may not require any person to
supply the relevant electricity distributor with information about
any expenses incurred.

(5) Regulations under sub-paragraph (3) may provide for an estimate of
35an amount of first connection expenses to be calculated by a relevant
electricity distributor by reference only to a combination of—

(a) expenses which that distributor would incur if that
distributor were making the connection at the time of the
estimate, and

(b) 40changes in prices since the time when the connection was
actually made.

11 Interpretation

(1) In this Schedule—

• “first connection” has the meaning given in paragraph 1;

Infrastructure BillPage 55

• “first connection expenses” has the meaning given in paragraph
  1;

• “reimbursement payment” has the meaning given in paragraph
  2;

• 5“reimbursement powers” has the meaning given in paragraph
  2;

• “relevant electricity distributor”, in relation to the exercise of a
  reimbursement power, means—

  (a)

  in a case where the first connection was made
  10between premises and a distribution system, the
  electricity distributor that (at the time of the exercise
  of the power) operates that distribution system;

  (b)

  in a case where the first connection was made
  between two distribution systems, the electricity
  15distributor that (at the time of the exercise of the
  power) operates the distribution system into which
  the first connection has been, or is expected to be,
  incorporated.

(2) A reference in this Schedule to a payment in respect of first
20connection expenses includes a reference to such a payment made in
pursuance of section 19(1).””

(4) In section 16 (duty to connect on request), in subsection (4), after “23” insert
“and Schedule 5B”.

(5) In section 16A (procedure for requiring a connection), in subsection (5)(b)—

(a) 25omit “or regulations under section 19(2)”;

(b) after “19(2)” insert “or regulations under Schedule 5B”.

(6) In section 23 (determination of disputes)—

(a) after subsection (1) insert—

“(1ZA) This section also applies to any dispute arising under
30regulations under Schedule 5B between—

(a) an electricity distributor, and

(b) a person in respect of whom the electricity distributor
exercises the reimbursement powers conferred by the
regulations.”;”

(b) 35after subsection (1C) insert—

“(1D) No dispute arising under regulations under Schedule 5B may
be referred to the Authority after the end of the period of 12
months beginning with the time when the second connection
(within the meaning of Schedule 5B) is made.”;”

(c) 40after subsection (2) insert—

“(2A) Where a dispute arising under regulations under Schedule 5B
falls to be determined under this section, the Authority may
give directions as to the circumstances in which, and the terms
on which, an electricity distributor is to make or (as the case
45may be) to maintain the second connection (within the meaning
of Schedule 5B) pending the determination of the dispute.”;”

(d) in subsection (4), after “(2)” insert “, (2A)”.

Consequential provision

47 Consequential provision

(1) The Secretary of State may by regulations make consequential provision in
connection with any provision made by or under this Part (other than section
536).

(2) Regulations under this section may amend, repeal, revoke or otherwise modify
the application of any enactment (but, in the case of an Act, only if the Act was
passed before the end of the Session in which this Act is passed).

(3) In this section “enactment” includes an enactment comprised in subordinate
10legislation within the meaning of the Interpretation Act 1978.

Part 6 Public Works Loan Commissioners

48 Power to abolish Public Works Loan Commissioners

In the Public Bodies Act 2011, in Schedule 1 (power to abolish: bodies and
15offices), after “Plant Varieties and Seeds Tribunal.” insert—

• ““Public Works Loan Commissioners.””

Part 7 The electronic communications code

49 The electronic communications code

(1) 20In the Telecommunications Act 1984 omit Schedule 2 (the telecommunications
code).

(2) Before Schedule 4 to the Communications Act 2003 insert the Schedule 3A set
out in Schedule 8 to this Act.

(3) Section 106 of the Communications Act 2003 (application of the electronic
25communications code) is amended as follows.

(4) In subsection (1) for “the code set out in Schedule 2 to the Telecommunications
Act 1984 (c 12)1984 (c 12).” substitute “the code set out in Schedule 3A.”

(5) Omit subsection (2).

(6) In subsection (4)(b) for “conduits” substitute “infrastructure”

(7) 30In subsection (5)(c) for “conduit system” in each place substitute “system of
infrastructure”.

(8) In subsection (6) for “16(3)” substitute “82(7)”.

(9) Omit subsection (7).

(10) Schedule 9 has effect.

(11) The Secretary of State may by regulations make consequential provision in
connection with any provision made by or under this section or Schedule 8 or
9.

(12) Regulations under subsection (11) may amend, repeal, revoke or otherwise
5modify the application of any enactment (but, in the case of primary
legislation, only if the primary legislation was passed or made before the end
of the Session in which this Act is passed).

(13) The Secretary of State may by regulations amend the electronic
communications code set out in Schedule 3A to the Communications Act 2003
10for the purposes of ensuring that the provisions of the code are consistent with
the law of Scotland or Northern Ireland.

(14) In this section—

• “enactment” includes—

  (a)

  an enactment comprised in subordinate legislation within the
  15meaning of the Interpretation Act 1978,

  (b)

  an enactment comprised in, or in an instrument made under, a
  Measure or Act of the National Assembly for Wales,

  (c)

  an enactment comprised in, or in an instrument made under, an
  Act of the Scottish Parliament, and

  (d)

  20an enactment comprised in, or in an instrument made under,
  Northern Ireland legislation;

• “primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  a Measure or Act of the National Assembly for Wales,

  (c)

  25an Act of the Scottish Parliament, or

  (d)

  Northern Ireland legislation.

Part 8 General provisions

50 Regulations and orders

(1) 30Regulations and orders made by the Secretary of State, the Treasury or the
Welsh Ministers under this Act are to be made by statutory instrument.

(2) A statutory instrument which contains an order under section 1—

(a) appointing a strategic highways company for an area other than the
whole of England, and

(b) 35which is the first exercise of the power in respect of such an area,

may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(3) A statutory instrument which contains an order under section 1—

(a) appointing a strategic highways company for an area other than the
40whole of England, and

(b) which is a subsequent exercise of the power in respect of such an area,

is subject to annulment in pursuance of a resolution of either House of
Parliament.

(4) A statutory instrument containing (whether alone or with other provisions)—

(a) regulations under section 16,

(b) regulations under section 34 or 38(11),

(c) regulations under section 41, 42 or 43, or

(d) regulations under section 17(1)(a), or 27 or 47 which amend, repeal or
5modify the application of an Act, or

(e) regulations under section 49 which amend, repeal or modify the
application of primary legislation within the meaning of that section,

may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(5) 10Subsection (2) does not apply to a statutory instrument containing only
regulations under section 34(5)(b).

(6) A statutory instrument—

(a) which contains regulations under this Act other than under section 14
or 52, and

(b) 15to which subsection (2) does not apply,

is subject to annulment in pursuance of a resolution of either House of
Parliament.

(7) A statutory instrument which contains regulations under section 14 is subject
to annulment in pursuance of a resolution of the House of Commons.

(8) 20A power to make regulations under this Act may be used—

(a) to make different provision for different purposes;

(b) in relation to all or only some of the purposes for which it may be used.

(9) Regulations under this Act may include incidental, supplementary,
consequential, transitional, transitory or saving provision.

(10) 25Subsections (8) and (9) do not apply to regulations under section 52.

51 Extent

(1) Part

1

(strategic highways companies) extends to England and Wales only,
30save that—

(a) sections 14 and 16 to 18 extend to England and Wales, Scotland and
Northern Ireland, and

(b) an amendment or repeal made by that Part, other than the amendment
made by section 15(7), has the same extent as the provision to which it
35relates.

(2) In Part

2

(powers of British Transport Police Force)—

(a) section 19(1) extends to England and Wales only, and

(b) 40section 19(2) extends to England and Wales and Scotland.

(3) Part

3

(environmental control of animal and plant species) extends to England
and Wales only.

(4) 45In Part

4

(planning, land and buildings)—

(a) an amendment or repeal has the same extent as the provision to which
it relates, and

(b) 50sections 27(2) and (4) and 29(11) and (12), Part 4 of Schedule 5 and
section 30 so far as applying to that Part and section 33(6) extend to
England and Wales only.

(5) In Part

5

(energy)—

(a) sections 34 and 35, sections 37 and 38, sections 39 to 44, section 45,
5section 47, section 46 and Schedules 6 and 7 extend to England and
Wales and Scotland, and

(b) section 36 extends to England and Wales, Scotland and Northern
Ireland.

(6) Part 6 (Public Works Loan Commissioners) extends to England and Wales,
10Scotland and Northern Ireland.

(7) Part 7 (the electronic communications code) extends to England and Wales,
Scotland and Northern Ireland, save that an amendment or repeal made by
that Part has the same extent as the provision to which it relates.

(8) The power in section 411(6) of the Communications Act 2003 (power to extend
15provisions of Act to Channel Islands and Isle of Man) is exercisable in relation
to the amendments of that Act made by or under Part 7.

(9) This Part extends to England and Wales, Scotland and Northern Ireland.

52 Commencement

(1) Part

201

(strategic highways companies) comes into force—

(a) in so far as it confers power to make regulations, on the day on which
this Act is passed, and

(b) for all other purposes, on such day as the Secretary of State appoints by
25regulations.

(2) Part

2

(powers of British Transport Police Force) comes into force at the end of
the period of two months beginning with the day on which this Act is passed.

(3) 30Part

3

(environmental control of animal and plant species)—

(a) so far as it relates to England, comes into force on such day as the
Secretary of State appoints by regulations, and

(b) 35so far as it relates to Wales, comes into force on such day as the Welsh
Ministers appoint by regulations.

(4) In Part

4

(planning, land and buildings)—

(a) 40sections 23, 24 and 33 come into force on such day as the Secretary of
State appoints by regulations,

(b) section 25 comes into force—

(i) in so far as it confers power to make regulations, on the day on
which this Act is passed, and

(ii) 45for all other purposes, on such day as the Secretary of State
appoints by regulations,

(c) section 26 comes into force on the day on which this Act is passed,

(d) section 27 and Schedule 4 come into force—

(i) in so far as they confer power to make provision by regulations
50or by development order within the meaning of the Town and
Country Planning Act 1990, on the day on which this Act is
passed, and

(ii) for all other purposes, on such day as the Secretary of State
appoints by regulations, and