PART 4 continued
Contents page 1-9 10-19 20-29 30-39 40-49 50-66 68-69 70-79 80-89 90-99 100-115 117-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-197 200-209 Last page
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(d)
section 15 of that Act (supplementary provisions as to government oil
pipe-lines);
(e)
section 12 of the Land Powers (Defence) Act 1958 (extension of
provisions of Requisitioned Land and War Works Acts).
(1) The Secretary of State may provide by order for—
(a) the repeal of the Oil and Pipelines Act 1985;
(b) the dissolution of the Oil and Pipelines Agency.
(2)
If the Oil and Pipelines Agency is dissolved under subsection (1), the Secretary
10of State may make one or more schemes for the transfer to the Secretary of State
of property, rights and liabilities (a “transfer scheme”).
(3)
Schedule 13 makes further provision about any transfer scheme under
subsection (2).
(4) An order under this section may—
(a) 15include incidental, supplementary and consequential provision;
(b) make transitory or transitional provision or savings;
(c)
make different provision for different cases or circumstances or for
different purposes;
(d) make provision subject to exceptions.
(5)
20An order under this section is to be made by statutory instrument which is
subject to annulment in pursuance of a resolution of either House of
Parliament.
(1) This Part binds the Crown.
(2)
25No contravention by the Crown of section 122(4) makes the Crown criminally
liable; but the High Court or, in Scotland, the Court of Session may declare
unlawful any act or omission of the Crown which constitutes such a
contravention.
(3)
But subsection (2) does not affect the criminal liability of persons in the service
30of the Crown.
(1)
The Secretary of State may designate a statement as the strategy and policy
35statement for the purposes of this Part if the requirements set out in section 135
are satisfied (consultation and Parliamentary procedural requirements).
(2)
The strategy and policy statement is a statement prepared by the Secretary of
State that sets out—
(a)
the strategic priorities, and other main considerations, of Her Majesty’s
40government in formulating its energy policy for Great Britain
(“strategic priorities”),
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(b)
the particular outcomes to be achieved as a result of the
implementation of that policy (“policy outcomes”), and
(c)
the roles and responsibilities of persons (whether the Secretary of State,
the Authority or other persons) who are involved in implementing that
5policy or who have other functions that are affected by it.
(3)
The Secretary of State must publish the strategy and policy statement
(including any amended statement following a review under section 134) in
such manner as the Secretary of State considers appropriate.
(4)
For the purposes of this section, energy policy “for Great Britain” includes such
10policy for—
(a) the territorial sea adjacent to Great Britain, and
(b) areas designated under section 1(7) of the Continental Shelf Act 1964.
(5) In this Part—
“the 1986 Act” means the Gas Act 1986;
15“policy outcomes” has the meaning given in subsection (2)(b);
“strategic priorities” has the meaning given in subsection (2)(a);
“the strategy and policy statement” means the statement for the time
being designated under subsection (1) as the strategy and policy
statement for the purposes of this Part.
(1)
The Authority must have regard to the strategic priorities set out in the strategy
and policy statement when carrying out regulatory functions.
(2)
The Secretary of State and the Authority must carry out their respective
regulatory functions in the manner which the Secretary of State or the
25Authority (as the case may be) considers is best calculated to further the
delivery of the policy outcomes.
(3)
Subsection (2) is subject to the application of the principal objective duty in the
carrying out of any such function.
(4) “Regulatory functions”, in relation to the Secretary of State, means—
(a)
30functions of the Secretary of State under Part 1 of the 1986 Act or Part 1
of EA 1989;
(b)
other functions of the Secretary of State to which the principal objective
duty is applied by any enactment.
(5) “Regulatory functions”, in relation to the Authority, means—
(a)
35functions of the Authority under Part 1 of the 1986 Act or Part 1 of EA
1989;
(b)
other functions of the Authority to which the principal objective duty is
applied by any enactment.
(6)
The “principal objective duty” means the duty of the Secretary of State or the
40Authority (as the case may be) imposed by—
(a) section 4AA(1B) and (1C) of the 1986 Act;
(b) section 3A(1B) and (1C) of EA 1989.
(7)
The Authority must give notice to the Secretary of State if at any time the
Authority concludes that a policy outcome contained in the strategy and policy
45statement is not realistically achievable.
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(8) A notice under subsection (7) must include—
(a) the grounds on which the conclusion was reached;
(b)
what (if anything) the Authority is doing, or proposes to do, for the
purpose of furthering the delivery of the outcome so far as reasonably
5practicable.
(9) In this section “enactment” includes—
(a) an enactment contained in this Act, and
(b) an enactment passed or made after the passing of this Act.
(1)
10Section 132(1) and (2) do not apply in relation to functions of the Secretary of
State under sections 36 to 37 of EA 1989.
(2)
Section 132(1) and (2) do not apply in relation to anything done by the
Authority—
(a) in the exercise of functions relating to the determination of disputes;
(b)
15in the exercise of functions under section 36A(3) of the 1986 Act or
section 43(3) of EA 1989.
(3)
The duties imposed by section 132(1) and (2) do not affect the obligation of the
Authority or the Secretary of State to perform or comply with any other duty
or requirement (whether arising under this Act or another enactment, by virtue
20of any EU obligation or otherwise).
(1)
The Secretary of State must review the strategy and policy statement if a period
of 5 years has elapsed since the relevant time.
(2) The “relevant time”, in relation to the strategy and policy statement, means—
(a) 25the time when the statement was first designated under this Part, or
(b)
if later, the time when a review of the statement under this section last
took place.
(3)
A review under subsection (1) must take place as soon as reasonably
practicable after the end of the 5 year period.
(4)
30The Secretary of State may review the strategy and policy statement at any
other time if—
(a) a Parliamentary general election has taken place since the relevant time,
(b)
the Authority has given notice to the Secretary of State under section
132(7) since the relevant time,
(c)
35a significant change in the energy policy of Her Majesty’s government
has occurred since the relevant time, or
(d)
the Parliamentary approval requirement in relation to an amended
statement was not met on the last review (see subsection (12)).
(5)
The Secretary of State may determine that a significant change in the
40government’s energy policy has occurred for the purposes of subsection (4)(c)
only if—
(a) the change was not anticipated at the relevant time, and
(b)
if the change had been so anticipated, it appears to the Secretary of State
likely that the statement would have been different in a material way.
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(6) On a review under this section the Secretary of State may—
(a)
amend the statement (including by replacing the whole or part of the
statement with new content),
(b) leave the statement as it is, or
(c)
5withdraw the statement’s designation as the strategy and policy
statement.
(7)
The amendment of a statement under subsection (6)(a) has effect only if the
Secretary of State designates under section 131 the amended statement as the
strategy and policy statement (and the procedural requirements under section
10135 apply in relation to any such designation).
(8)
For the purposes of this section, corrections of clerical or typographical errors
are not to be treated as amendments made to the statement.
(9)
The designation of a statement as the strategy and policy statement ceases to
have effect upon a subsequent designation of an amended statement as the
15strategy and policy statement in accordance with subsection (7).
(10)
The Secretary of State must consult the following persons before proceeding
under subsection (6)(b) or (c)—
(a) the Authority,
(b) the Scottish Ministers,
(c) 20the Welsh Ministers, and
(d) such other persons as the Secretary of State considers appropriate.
(11) For the purposes of subsection (2)(b), a review of a statement takes place—
(a)
in the case of a decision on the review to amend the statement under
subsection (6)(a)—
(i)
25at the time when the amended statement is designated as the
strategy and policy statement under section 131, or
(ii)
if the amended statement is not so designated, at the time when
the amended statement was laid before Parliament for approval
under section 135(8);
(b)
30in the case of a decision on the review to leave the statement as it is
under subsection (6)(b), at the time when that decision is taken.
(12)
For the purposes of subsection (4)(d), the Parliamentary approval requirement
in relation to an amended statement was not met on the last review if—
(a)
on the last review of the strategy and policy statement to be held under
35this section, an amended statement was laid before Parliament for
approval under section 135(8), but
(b)
the amended statement was not designated because such approval was
not given.
(1)
40This section sets out the requirements that must be satisfied in relation to a
statement before the Secretary of State may designate it as the strategy and
policy statement.
(2)
In this section references to a statement include references to a statement as
amended following a review under section 134(6)(a).
(3) 45The Secretary of State must first—
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(a) prepare a draft of the statement, and
(b)
issue the draft to the required consultees for the purpose of consulting
them about it.
(4) The “required consultees” are—
(a) 5the Authority,
(b) the Scottish Ministers, and
(c) the Welsh Ministers.
(5) The Secretary of State must then—
(a)
make such revisions to the draft as the Secretary of State considers
10appropriate as a result of responses to the consultation under
subsection (3)(b), and
(b)
issue the revised draft for the purposes of further consultation about it
to the required consultees and to such other persons as the Secretary of
State considers appropriate.
(6) 15The Secretary of State must then—
(a)
make any further revisions to the draft that the Secretary of State
considers appropriate as a result of responses to the consultation under
subsection (5)(b), and
(b)
prepare a report summarising those responses and the changes (if any)
20that the Secretary of State has made to the draft as a result.
(7) The Secretary of State must lay before Parliament—
(a) the statement as revised under subsection (6)(a), and
(b) the report prepared under subsection (6)(b).
(8)
The statement as laid under subsection (7)(a) must have been approved by a
25resolution of each House of Parliament before the Secretary of State may
designate it as the strategy and policy statement under section 131.
(9)
The requirement under subsection (3)(a) to prepare a draft of a statement may
be satisfied by preparation carried out before, as well as preparation carried
out after, the passing of this Act.
(1)
Sections 4AA to 4B of the 1986 Act (principal objective and general duties)
apply in relation to the relevant function of the Secretary of State under this
Part as they apply in relation to functions of the Secretary of State under Part 1
of that Act.
(2)
35Sections 3A to 3D of EA 1989 (principal objective and general duties) apply in
relation to the relevant function of the Secretary of State under this Part as they
apply in relation to functions of the Secretary of State under Part 1 of that Act.
(3)
The “relevant function” is the Secretary of State’s function of determining the
policy outcomes to be set out in the strategy and policy statement (whether
40when the statement is first prepared under this Part or when it is reviewed
under section 134).
(1) The Utilities Act 2000 is amended as follows.
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(2) After section 4 insert—
(1)
As soon as reasonably practicable after the designation of a statement
as the strategy and policy statement, the Authority must publish a
5document setting out the required information in relation to the
statement.
(2)
The Authority must include the required information in relation to a
strategy and policy statement in the forward work programme for each
financial year, subject to making such modifications to the information
10as the Authority considers appropriate from the version as last
published under this subsection.
(3)
The required information in relation to a strategy and policy statement
to be set out in a document or forward work programme is—
(a)
the strategy the Authority intends to adopt for the purpose of
15furthering the delivery of the policy outcomes contained in the
statement (both in respect of the year in or for which the
document or programme is issued and beyond);
(b)
the things the Authority proposes to do in implementing that
strategy (including when the Authority proposes to do them);
(c)
20the ways in which the Authority has had regard to the strategic
priorities contained in the statement in setting out the
information required under paragraphs (a) and (b).
(4) The duty under subsection (1) does not apply if—
(a)
the Authority does not think it reasonably practicable to publish
25the document mentioned in that subsection before the time
when the Authority is next required to publish a forward work
programme, and
(b)
the Authority includes the required information in that forward
work programme.
(5)
30The duty under subsection (2) does not apply in relation to the first
financial year beginning after the designation of the statement if—
(a)
the Authority does not think it reasonably practicable to include
the required information in the forward work programme for
that year, and
(b)
35the Authority includes the required information in a document
published under subsection (1).
(6)
The duty under subsection (2) does not apply in relation to a financial
year if the Secretary of State gives notice to the Authority under this
subsection that the statement’s designation—
(a) 40will be withdrawn before the beginning of the year, or
(b)
is expected to have been withdrawn before the beginning of the
year.
(7)
Subsections (4) to (6) of section 4 (notice requirements) apply to a
document published under subsection (1) as they apply to a forward
45work programme.
(8) In this section—
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“designation”, in relation to a strategy and policy statement,
means designation of the statement by the Secretary of State
under Part 5 of the Energy Act 2013;
“forward work programme” has the meaning given by section
54(1);
“policy outcomes”, “strategic priorities” and “strategy and policy
statement” have the same meaning as in Part 5 of the Energy Act
2013.”
(3)
In section 5 (annual and other reports of Authority), after subsection (2)
10insert—
“(2A) The annual report for each year shall also include a report on—
(a)
the ways in which the Authority has carried out its duties under
section 132(1) and (2) of the Energy Act 2013 in relation to the
strategy and policy statement (so far as the statement’s
15designation was in effect during the whole or any part of the
year), and
(b)
the extent to which the Authority has done the things set out
under section 4A in a forward work programme or other
document as the things the Authority proposed to do during
20that year in implementing its strategy for furthering the
delivery of the policy outcomes contained in the statement (see
subsection (3)(b) of that section).
(2B) The report mentioned in subsection (2A) must, in particular, include—
(a)
the Authority’s assessment of how the carrying out of its
25functions during the year has contributed to the delivery of the
policy outcomes contained in the strategy and policy statement,
and
(b)
if the Authority has failed to do any of the things mentioned in
subsection (2A)(b), an explanation for the failure and the actions
30the Authority proposes to take to remedy it.
(2C) In subsections (2A) and (2B)—
“forward work programme” has the meaning given by section
4(1);
“policy outcomes” and “strategy and policy statement” have the
35same meaning as in Part 5 of the Energy Act 2013.”
(1)
The following provisions are repealed (guidance about the making by the
Authority of a contribution towards the attainment of social or environmental
policies)—
(a) 40sections 4AB and 4B(1) of the 1986 Act, and
(b) sections 3B and 3D(1) of EA 1989.
(2)
In section 4AA(5) of the 1986 Act, after “(2),” insert “and to section 132(2) of the
Energy Act 2013 (duty to carry out functions in manner best calculated to
further delivery of policy outcomes)”.
(3)
45In section 3A(5) of EA 1989, after “(2),” insert “and to section 132(2) of the
Energy Act 2013 (duty to carry out functions in manner best calculated to
further delivery of policy outcomes)”.
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(4) In the 1986 Act—
(a) in section 4AA(7), for “sections 4AB and 4A” substitute “section 4A”;
(b) in section 7B(4), in paragraph (a) omit “, 4AB”;
(c) in section 23D(2)—
(i) 5at the end of paragraph (b) omit “and”,
(ii) in paragraph (c) for “sections 4AB and” substitute “section”, and
(iii) at the end of paragraph (c) insert “; and
“(d)
in the performance of its duties under section 132(1) and
(2) of the Energy Act 2013.”;
(d) 10in section 28(5), in paragraph (a) omit “, 4AB”;
(e) in section 38(1A), omit “, 4AB”;
(f) in section 41E(6)—
(i) omit paragraph (b), and
(ii) at the end of paragraph (c) insert “; and
“(d)
15any statement for the time being designated as the
strategy and policy statement for the purposes of Part 5
of the Energy Act 2013.”
(5) In EA 1989—
(a) in section 3A(7), for “sections 3B and 3C” substitute “section 3C”;
(b) 20in section 11E(2)—
(i) at the end of paragraph (b) omit “and”,
(ii)
in paragraph (c) for “sections 3B and 3C” substitute “section
3C”, and
(iii) at the end of paragraph (c) insert “; and
“(d)
25in the performance of its duties under section 132(1) and
(2) of the Energy Act 2013.”;
(c) in section 28(2A), omit “, 3B”;
(d) in section 56C(6)—
(i) omit paragraph (b), and
(ii) 30at the end of paragraph (c) insert “; and
“(d)
any statement for the time being designated as the
strategy and policy statement for the purposes of Part 5
of the Energy Act 2013.”
(1) The Secretary of State may modify—
(a)
40a condition of a particular licence under section 7A(1) of the Gas Act
1986 (supply licences);
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(b)
the standard conditions incorporated in licences under that provision
by virtue of section 8 of that Act;
(c)
a condition of a particular licence under section 6(1)(d) of EA 1989
(supply licences);
(d)
5the standard conditions incorporated in licences under that provision
by virtue of section 8A of that Act;
by making provision of any of the kinds specified in subsection (2).
(2) The kinds of provision mentioned in subsection (1) are—
(a)
provision requiring a licence holder to adopt one or more standard
10domestic tariffs;
(b)
provision for restricting the number of domestic tariffs, or domestic
tariffs of a particular category, a licence holder may adopt;
(c)
provision about discretionary terms (which may in particular require
the same discretionary terms to be offered in connection with, or
15incorporated into, all domestic supply contracts of any particular
category);
(d)
provision for requiring a licence holder to provide information about
its domestic tariffs and other supply contract terms, which may include
information for enabling or facilitating the comparison—
(i)
20of different domestic tariffs or supply contract terms of the
licence holder;
(ii)
of domestic tariffs and supply contract terms of different licence
holders;
(e)
provision for requiring a licence holder to change the domestic tariff on
25which it supplies gas or electricity to a domestic customer who is on a
closed tariff by—
(i)
switching to a different domestic tariff for the time being
offered by the licence holder, unless the customer objects, or
(ii)
offering the customer, or inviting the customer to switch to, a
30different domestic tariff for the time being offered by the licence
holder.
(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
35tariffs of that category, that the licence holder is required to adopt.
(4)
Provision 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)
40about the customer’s existing domestic tariff and supply
contract 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
45for the customer) or other supply contract terms of the licence
holder;
(iii) about how to switch to different supply contract terms;
(b)
require information to be provided in a form that is clear and easy to
understand;
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(c)
make provision about the format in which information is to be
provided, which may in particular require information about a
domestic tariff or supply contract terms to be provided in the form of a
single figure or set of figures;
(d)
5make provision about the way in which information is to be provided,
which may in particular require information to be provided—
(i)
by means of a code or otherwise using a format readable by an
electronic device, or
(ii)
in a way which facilitates processing of the information by
10means of an electronic device.
(5) Provision 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
15contracts) for the purpose of a relevant provision;
(b)
may 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
20a licence holder’s lowest domestic tariff for a customer), or other supply
contract 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
25particular, include provision—
(i) about 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) 30may confer functions on the Secretary of State or the Authority;
(f)
may 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
35of domestic customers, domestic tariffs or domestic supply contracts or
otherwise 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
40EA 1989.
(6) The power in subsection (1)—
(a)
may 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) 45may be exercised differently in different cases or circumstances;
(c) includes a power to make consequential modifications.
(7) In this section—
“closed tariff” means a domestic tariff on which a licence holder—
supplies gas or electricity to customers under existing domestic
50supply contracts, but
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no longer offers to supply gas or electricity to customers who
are not already on the tariff;
“discretionary terms”, in relation to a domestic supply contract (or
proposed domestic supply contract), means the supply contract terms
5other than the principal terms;
“domestic customer” means a customer under a domestic supply contract;
“domestic supply contract” means a contract for the supply of gas or
electricity at domestic premises wholly or mainly for domestic
purposes;
10“domestic tariff” means the set of principal terms of a domestic supply
contract (or proposed domestic supply contract);
“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
15terms of the contract of the types specified in an order under subsection
(10);
“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
20terms are specified by, or in accordance with, a relevant provision;
“supply contract terms” means the terms and conditions of a domestic
supply 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)
25may include a term providing for a charge or rate to be fixed for a
period to be determined by the licence holder, but
(b)
may 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)
30gas 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)
a 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
35electricity 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) 40include incidental, supplementary and consequential provision;
(b) make 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) 45An order under subsection (10) is to be made by statutory instrument.
(13)
A statutory instrument containing an order under subsection (10) is subject to
annulment in pursuance of an order of either House of Parliament.
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(1)
Before making modifications of a licence under section 139(1) the Secretary of
State must consult—
(a) the holder of any licence being modified,
(b) 5the Authority, and
(c)
such other persons as the Secretary of State considers it appropriate to
consult.
(2)
Subsection (1) may be satisfied by consultation before, as well as by
consultation after, the passing of this Act.
(3)
10Before making modifications under section 139(1) the Secretary of State must
lay a draft of the modifications before Parliament.
(4)
If, within the 40-day period, either House of Parliament resolves not to
approve the draft, the Secretary of State may not take any further steps in
relation to the proposed modifications.
(5)
15If no such resolution is made within that period, the Secretary of State may
make the modifications in the form of the draft.
(6)
Subsection (4) does not prevent a new draft of proposed modifications being
laid before Parliament.
(7)
In this section “40-day period”, in relation to a draft of proposed modifications,
20means the period of 40 days beginning with the day on which the draft is laid
before Parliament (or, if it is not laid before each House of Parliament on the
same day, the later of the 2 days on which it is laid).
(8)
For the purposes of calculating the 40-day period, no account is to be taken of
any period during which Parliament is dissolved or prorogued or during
25which both Houses are adjourned for more than 4 days.
(9)
The Secretary of State must publish details of any modifications made under
section 139(1) as soon as reasonably practicable after they are made.
(10)
Where the Secretary of State makes a modification of the standard conditions
of a licence of any type, the Authority must—
(a)
30make the same modification of those standard conditions for the
purposes of their incorporation in licences of that type granted after
that time, and
(b) publish the modification.
(11)
A modification of part of a standard condition of a particular licence does not
35prevent any other part of the condition from continuing to be regarded as a
standard condition for the purposes of Part 1 of the Gas Act 1986 or Part 1 of
EA 1989.
(12) The power in section 139(1) may not be exercised after 31 December 2018.
(1)
40Sections 4AA to 4B of the Gas Act 1986 (principal objective and general duties)
apply in relation to functions of the Secretary of State under section 139 or 140
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.
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(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 139 or 140 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.
(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 139 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.
(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.”
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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.
(1) The Warm Homes and Energy Conservation Act 2000 is amended as follows.
(2) After section 1 insert—
(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 145
of the Energy Act 2013 comes into force.
(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,
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(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).
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”.
(1) EA 1989 is amended as follows.
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