(3) Any limit imposed by virtue of subsection (2)(b) on the number of tariffs, or
tariffs of any category, that a licence holder may adopt must be greater than the
number of standard domestic tariffs, or (as the case may be) standard domestic
tariffs of that category, that the licence holder is required to adopt.

(4) 5Provision that may be included in a licence by virtue of subsection (2)(d) may
in particular—

(a) require a licence holder to provide each domestic customer with
information—

(i) about the customer’s existing domestic tariffs and supply
10contract terms;

(ii) about the expected cost to the customer of supplies under the
customer’s existing domestic supply contract and on one or
more other domestic tariffs (including the lowest domestic tariff
for the customer) or other supply contract terms of the licence
15holder;

(iii) about how to switch to different supply contract terms;

(b) make provision about the format in which information is to be
provided, which may in particular require information to be
provided—

(i) 20in the form of a code or otherwise in a format readable by an
electronic device, or which facilitates processing of the
information by means of an electronic device, or

(ii) in the case of information about a domestic tariff or supply
contract terms, in the form of a single figure or set of figures.

(5) 25Provision included in a licence by virtue of the power in subsection (1)—

(a) may make provision for determining when a licence holder is, or is not,
to be regarded as offering to supply gas or electricity on a particular
tariff (or as offering other terms in connection with domestic supply
contracts) for the purpose of a relevant provision;

(b) 30may make provision for supplies (or proposed supplies) of gas or
electricity to be regarded as being on the same tariff or different tariffs
for the purpose of a relevant provision;

(c) may make provision for specifying how any domestic tariff (including
a licence holder’s lowest domestic tariff for a customer), or other supply
35contract terms, is or are to be identified for the purpose of any relevant
provision;

(d) may make provision about the calculation or estimation of any amount
or figure for the purpose of a relevant provision, which may, in
particular, include provision—

(i) 40about assumptions to be made;

(ii) requiring information about a customer’s circumstances or
previous consumption of gas or electricity to be taken into
account;

(e) may confer functions on the Secretary of State or the Authority;

(f) 45may make different provision for different kinds of domestic customers
or different supply contract terms, or otherwise in relation to different
cases;

(g) may make provision generally or only in relation to specified categories
of domestic customers, domestic tariffs or domestic supply contracts or
50otherwise only in relation to specified cases or subject to exceptions;

(h) need not relate to the activities authorised by the licence;

(i) may do any of the things authorised for licences of that type by section
7B(5)(a), (6) or (7) of the Gas Act 1986 or section 7(3), (4), (5) or (6A) of
EA 1989.

(6) The power in subsection (1)—

(a) 5may be exercised generally, only in relation to specified cases or subject
to exceptions (including provision for a case to be excepted only so long
as specified conditions are satisfied);

(b) may be exercised differently in different cases or circumstances;

(c) includes a power to make consequential modifications.

(7) 10In this section—

• “closed tariff” means a domestic tariff on which a licence holder—

  (a)

  supplies gas or electricity to customers under existing domestic
  supply contracts, but

  (b)

  no longer offers to supply gas or electricity to customers who
  15are not already on the tariff;

• “discretionary terms”, in relation to a domestic supply contract (or
  proposed domestic supply contract), means the supply contract terms
  other than the principal terms;

• “domestic customer” means a customer under a domestic supply contract;

• 20“domestic supply contract” means a contract for the supply of gas or
  electricity at domestic premises wholly or mainly for domestic
  purposes;

• “domestic tariff” means the set of principal terms of a domestic supply
  contract (or proposed domestic supply contract);

• 25“modify” includes amend, add to or remove, and references to
  modifications are to be construed accordingly;

• “the principal terms”, in relation to a domestic supply contract, means the
  terms of the contract of the types specified in an order under subsection
  (10);

• 30“relevant provision” means any provision included in a licence by virtue
  of subsection (1);

• “standard domestic tariff” means a domestic tariff some or all of whose
  terms are specified by, or in accordance with, a relevant provision;

• “supply contract terms” means the terms and conditions of a domestic
  35supply contract.

(8) For the purposes of the definition of “standard domestic tariff”, the terms that
may be specified by, or in accordance with, a relevant provision—

(a) may include a term providing for a charge or rate to be fixed for a
period to be determined by the licence holder, but

(b) 40may not include any term setting the amount of a charge or rate or
otherwise specifying how it is to be determined.

(9) For the purposes of this section—

(a) gas or electricity is supplied on a tariff if the supply is made under a
contract whose principal terms are the terms of the tariff,

(b) 45a domestic customer is on a particular domestic tariff if gas or electricity
is supplied to the customer on that tariff, and

(c) a licence holder adopts a tariff if it supplies or offers to supply gas or
electricity on that tariff (and references to adopting a tariff include
references to doing either or both of them).

(10) The Secretary of State may by order specify types of terms of domestic supply
contracts which are the principal terms of such contracts.

(11) An order under subsection (10) may—

(a) include incidental, supplementary and consequential provision;

(b) 5make transitory or transitional provision or savings;

(c) make different provision for different domestic supply contracts or
otherwise for different purposes;

(d) make provision subject to exceptions.

(12) An order under subsection (10) is to be made by statutory instrument.

131 10Section 130: procedure etc

(1) Before making modifications of a licence under section 130(1) the Secretary of
State must—

(a) publish the proposed modifications, and

(b) consult—

(i) 15the holder of any licence being modified,

(ii) the Authority, and

(iii) such other persons as the Secretary of State considers it
appropriate to consult.

(2) Subsection (1)(b) may be satisfied by consultation before, as well as by
20consultation after, the passing of this Act.

(3) Subsection (4) applies where, after the consultation, the Secretary of State
decides to make the modifications (whether in the form published under
subsection (1)(a) or in a modified form).

(4) The Secretary of State must publish a statement of the decision, which must—

(a) 25contain details of the modifications to be made under section 130(1);

(b) state when the modifications are to take effect.

(5) Where the Secretary of State makes a modification of the standard conditions
of a licence of any type, the Authority must—

(a) make the same modification of those standard conditions for the
30purposes of their incorporation in licences of that type granted after
that time, and

(b) publish the modification.

(6) A modification of part of a standard condition of a particular licence does not
prevent any other part of the condition from continuing to be regarded as a
35standard condition for the purposes of Part 1 of the Gas Act 1986 or Part 1 of
EA 1989.

(7) The power in section 130(1) may not be exercised after 31 December 2018.

132 General duties of Secretary of State

(1) Sections 4AA to 4B of the Gas Act 1986 (principal objective and general duties)
40apply in relation to functions of the Secretary of State under section 130 or 131
of this Act with respect to holders of licences under section 7A(1) of that Act as
they apply in relation to functions of the Secretary of State under Part 1 of that
Act.

(2) Sections 3A to 3D of EA 1989 (principal objective and general duties) apply in
relation to functions of the Secretary of State under section 130 or 131 of this Act
with respect to holders of licences under section 6(1)(d) of that Act as they
apply in relation to functions of the Secretary of State under Part 1 of that Act.

133 5Consequential provision

(1) The Utilities Act 2000 is amended as follows.

(2) In section 33 (standard conditions of electricity licences), in subsection (1)(f),
omit “76 or”.

(3) In section 81 (standard conditions of gas licences), in subsection (2), for “or
10under Chapter 1 of Part 1 or section 76 or 98 of the Energy Act 2011” substitute
“, under Chapter 1 of Part 1 or section 98 of the Energy Act 2011 or under
section 130 of the Energy Act 2013”.

(4) In the Energy Act 2011, sections 76 to 78 (power to modify energy supply
licences: information about tariffs) are repealed.

15Licensable activities

134 Powers to alter activities requiring licence: activities related to supply
contracts

(1) In section 41C of the Gas Act 1986 (power to alter activities requiring licence),
after subsection (4) insert—

“(4A) 20For the purposes of subsection (4), activities connected with the supply
of gas include the following activities, whether or not carried on by a
person supplying gas—

(a) giving advice, information or assistance in relation to contracts
for the supply of gas to persons who are or may become
25customers under such contracts, and

(b) the provision of any other services to such persons in
connection with such contracts.”

(2) In section 56A of EA 1989 (power to alter activities requiring licence), after
subsection (4) insert—

“(4A) 30For the purposes of subsection (4), activities connected with the supply
of electricity include the following activities, whether or not carried on
by a person supplying electricity—

(a) giving advice, information or assistance in relation to contracts
for the supply of electricity to persons who are or may become
35customers under such contracts, and

(b) providing any other services to such persons in connection with
such contracts.”

Consumer redress orders

135 Consumer redress orders

Schedule 14 (which enables the Authority to impose requirements on a
regulated person to take remedial action in respect of loss, damage or
5inconvenience caused to consumers of gas or electricity) has effect.

Fuel poverty

136 Fuel poverty

(1) The Warm Homes and Energy Conservation Act 2000 is amended as follows.

(2) After section 1 insert—

“1A 10Objective for addressing fuel poverty: England

(1) The Secretary of State must make regulations setting out an objective
for addressing the situation of persons in England who live in fuel
poverty.

(2) The regulations must specify a target date for achieving the objective.

(3) 15Regulations under this section must be made by statutory instrument;
and a statutory instrument containing such regulations may not be
made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(4) The Secretary of State must lay a draft of the instrument before each
20House of Parliament within 6 months of the day on which section 136
of the Energy Act 2013 comes into force.

1B Strategy relating to fuel poverty: England

(1) The Secretary of State must prepare and publish a strategy setting out
the Secretary of State’s policies for achieving the objective set out in
25regulations under section 1A by the target date specified in the
regulations.

(2) The strategy must be published within 6 months of the day on which
the first regulations under section 1A come into force.

(3) The strategy must—

(a) 30describe the households to which it applies,

(b) specify a comprehensive package of measures for achieving the
objective by the target date, and

(c) specify interim objectives to be achieved and target dates for
achieving them.

(4) 35The Secretary of State must take such steps as are in the Secretary of
State’s opinion necessary to implement the strategy.

(5) The Secretary of State must—

(a) from time to time assess the impact of steps taken under
subsection (4) and the progress made in achieving the objectives
40and meeting the target dates,

(b) make any revision of the strategy which the Secretary of State
thinks appropriate in consequence of the assessment,

(c) from time to time publish reports on such assessments.

(6) If—

(a) 5further regulations under section 1A are made revising an
objective or the target date for achieving it, and

(b) the Secretary of State considers that changes to the strategy are
necessary or desirable as a result of those regulations,

the Secretary of State must revise the strategy within 6 months of the
10day on which those regulations come into force.

(7) If the Secretary of State revises the strategy, the Secretary of State must
publish the strategy as revised.

(8) In preparing the strategy or any revision of the strategy, the Secretary
of State must consult—

(a) 15local authorities or associations of local authorities,

(b) persons appearing to the Secretary of State to represent the
interests of persons living in fuel poverty,

(c) the Gas and Electricity Markets Authority, and

(d) such other persons as the Secretary of State thinks fit.”

(3) 20In section 2—

(a) in the title, after “poverty” insert “: Wales”;

(b) in subsection (1), after “strategy” insert “as respects Wales”;

(c) in subsection (2)(d), omit “England or”;

(d) in subsection (8)—

(i) 25in the definition of “the appropriate authority”, omit paragraph
(a), and

(ii) in the definition of “the relevant commencement”, omit
paragraph (a).

CHAPTER 2 Miscellaneous

30Feed-in tariffs

137 Feed-in tariffs: increase in maximum capacity of plant

In section 41 of the Energy Act 2008 (power to amend licence conditions etc:
feed-in tariffs), in subsection (4), in the definition of “specified maximum
capacity” for “5” substitute “10”.

35Offshore transmission

138 Offshore transmission systems

(1) EA 1989 is amended as follows.

(2) In section 4 (prohibition on unlicensed supply), after subsection (3A) insert—

“(3AA) Subsection (3A) is subject to section 6F (offshore transmission during
commissioning period).”

(3) After section 6E insert—

“6F 5Offshore transmission during commissioning period

(1) For the purposes of this Part a person is not to be regarded as
participating in the transmission of electricity if the following four
conditions are met.

(2) The first condition is that the transmission takes place over an offshore
10transmission system (“the system”) or anything forming part of it.

(3) The second condition is that the transmission takes place during a
commissioning period (see section 6G).

(4) The third condition is that—

(a) a request has been made to the Authority in accordance with the
15tender regulations for a tender exercise to be held for the
granting of an offshore transmission licence in respect of the
system,

(b) the Authority has determined in accordance with those
regulations that the request relates to a qualifying project, and

(c) 20the system, or anything forming part of it, has not been
transferred as a result of the exercise to the successful bidder.

(5) The fourth condition is that—

(a) the person who is the developer in relation to the tender
exercise is also the operator of a relevant generating station, and

(b) 25the construction or installation of the system is being or has
been carried out by or on behalf of, or by or on behalf of a
combination of, any of the following—

(i) the person mentioned in paragraph (a);

(ii) a body corporate associated with that person at any time
30during the period of construction or installation;

(iii) a previous developer;

(iv) a body corporate associated with a previous developer
at any time during the period of construction or
installation.

(6) 35For the purposes of subsection (1), it does not matter whether or not the
person mentioned in that subsection is the developer in relation to the
tender exercise.

(7) For the purposes of subsection (5)(b)(iii) and (iv), a person is a
“previous developer” in relation to the system if—

(a) 40the person does not fall within subsection (5)(a), but

(b) at any time during the period of construction or installation, the
person was the developer in relation to the tender exercise.

(8) In this section—

• “associated”, in relation to a body corporate, is to be construed in
  45accordance with paragraph 37 of Schedule 2A;

Energy BillPage 107

• “developer”, in relation to a tender exercise, means any person
  within section 6D(2)(a) (person who makes the connection
  request, including any person who is to be so treated by virtue
  of section 6D(4));

• 5“offshore transmission” has the meaning given by section 6C(6);

• “offshore transmission licence” has the meaning given by section
  6C(5);

• “offshore transmission system” means a transmission system used
  for purposes connected with offshore transmission;

• 10“operator”, in relation to a generating station, means the person
  who is authorised to generate electricity from that station—

  (a)

  by a generation licence granted under section 6(1)(a), or

  (b)

  in accordance with an exemption granted under section
  5(1);

• 15“qualifying project” is to be construed in accordance with the
  tender regulations;

• “successful bidder” and “tender exercise” have the same meanings
  as in section 6D;

• “relevant generating station”, in relation to an offshore
  20transmission system, means a generating station that generates
  electricity transmitted over the system;

• “the tender regulations” means regulations made under section
  6C.

6G Section 6F: meaning of “commissioning period”

(1) 25For the purposes of section 6F(3), transmission over an offshore
transmission system (or anything forming part of it) takes place during
a “commissioning period” if it takes place at any time—

(a) before a completion notice is given in respect of the system, or

(b) during the period of 18 months beginning with the day on
30which such a notice is given.

(2) A “completion notice”, in relation to a transmission system, is a notice
which—

(a) is given to the Authority by the relevant co-ordination licence
holder in accordance with the co-ordination licence, and

(b) 35states that it would be possible to carry on an activity to which
section 4(1)(b) applies by making available for use that system.

(3) The Secretary of State may by order amend subsection (1) so as to
specify a period of 12 months in place of the period of 18 months.

(4) An order under subsection (3) may be made only so as to come into
40force during the period—

(a) beginning 2 years after the day on which section 138 of the
Energy Act 2013 comes into force, and

(b) ending 5 years after that day.

(5) An amendment made by an order under subsection (3) does not apply
45in relation to any transmission of electricity over a transmission system
if—

(a) but for the making of the order, the person participating in the
transmission would, by virtue of section 6F, have been regarded
as not participating in the transmission, and

(b) the determination mentioned in subsection (4)(b) of that section
5in relation to the system was made on or before the day on
which the order is made.

(6) In this section—

• “co-ordination licence” has the same meaning as in Schedule 2A
  (see paragraph 38(1) of that Schedule);

• 10“relevant co-ordination licence-holder” has the meaning given by
  paragraph 13(4) of Schedule 2A.

6H Sections 6F and 6G: modification of codes or agreements

(1) The Authority may—

(a) modify a code maintained in accordance with the conditions of
15a transmission licence or a distribution licence;

(b) modify an agreement that gives effect to a code so maintained.

(2) The Authority may make a modification under subsection (1) only if it
considers it necessary or desirable for the purpose of implementing or
facilitating the operation of section 6F or 6G.

(3) 20The power to make modifications under subsection (1) includes a
power to make incidental, supplemental, consequential or transitional
modifications.

(4) The Authority must consult such persons as the Authority considers
appropriate before making a modification under subsection (1).

(5) 25Subsection (4) may be satisfied by consultation before, as well as
consultation after, the passing of the Energy Act 2013.

(6) As soon as reasonably practicable after making a modification under
subsection (1), the Authority must publish a notice stating its reasons
for making it.

(7) 30A notice under subsection (6) is to be published in such manner as the
Authority considers appropriate for the purpose of bringing the
matters to which the notice relates to the attention of persons likely to
be affected by it.

(8) A modification under subsection (1) may not be made after the end of
35the period of 7 years beginning with the day on which section 138 of the
Energy Act 2013 comes into force.”

(4) In section 64 (interpretation of Part 1), in subsection (1B) at the end insert “and
section 6F”.

Fees

139 40Fees for services provided for energy resilience purposes

(1) The Secretary of State may require fees to be paid for services or facilities
provided or made available by the Secretary of State in the exercise of energy
resilience powers.

(2) “Energy resilience powers” are any powers exercised by the Secretary of State
for the purposes of, or in connection with, preventing or minimising disruption
to the energy sector in Great Britain (including disruption to the supply of fuel
in Great Britain).

(3) 5The amount of any fee charged under this section is—

(a) such amount as may be specified in, or determined by or in accordance
with, regulations made by the Secretary of State, or

(b) if no such regulations are made, an amount specified in, or determined
by or in accordance with, a direction given by the Secretary of State for
10the purposes of this section.

(4) Regulations or a direction under this section may provide for the amounts of
fees to be different in different cases and, in particular, for fees in respect of the
exercise of the same power to be of different amounts in different
circumstances.

(5) 15Regulations under subsection (3)(a) must be made by statutory instrument and
any such instrument is subject to annulment in pursuance of a resolution of
either House of Parliament.

(6) The Secretary of State must lay before Parliament a statement of any fees
specified in, or determined by or in accordance with, a direction given under
20subsection (3)(b).

140 Fees in respect of decommissioning and clean-up of nuclear sites

(1) Chapter 1 of Part 3 of the Energy Act 2008 (nuclear sites: decommissioning and
clean-up) is amended as follows.

(2) After section 45 (duty to submit funded decommissioning programme)
25insert—

“45A Costs incurred in considering proposed programmes

(1) A person who informs the Secretary of State of a proposal to submit a
funded decommissioning programme under section 45 must pay to the
Secretary of State such fee as may be determined in accordance with
30regulations under section 54, in respect of the costs mentioned in
subsection (2), at a time determined in accordance with such
regulations.

(2) The costs are those incurred by the Secretary of State in relation to the
consideration of the proposed programme (or any particular aspect of
35it), including, in particular, the costs of obtaining advice in relation to
it.”

(3) In section 46 (approval of programme), after subsection (3G) insert—

“(3H) Where the Secretary of State makes or amends an agreement under
subsection (3A), or it is proposed that such an agreement be made or
40amended, the site operator must pay to the Secretary of State such fee
as may be determined in accordance with regulations under section 54,
in respect of the costs mentioned in subsection (3I), at a time
determined in accordance with such regulations.

(3I) The costs are those incurred by the Secretary of State in relation to the
45consideration of the agreement or amendment, including, in particular,