Energy Bill (HL Bill 57)

Fire (Scotland) Act 2005 (asp. 5)2005 (asp. 5)

86 (1) Section 61 of the Fire (Scotland) Act 2005 (enforcing authorities) is amended
as follows.

(2) In subsection (7), for “Health and Safety Executive” (in both places)
5substitute “appropriate body”.

(3) After that subsection insert—

“(7A) For the purposes of subsection (7), “appropriate body” means—

(a) in relation to a workplace which is, or is on, premises for
which it is the enforcing authority, the Office for Nuclear
10Regulation;

(b) in relation to any other workplace, the Health and Safety
Executive.”

(4) Subsection (9) is amended as follows.

(5) In paragraph (za)—

(a) 15omit sub-paragraphs (i) and (ii);

(b) for sub-paragraph (iv) substitute—

“(iv) which are a workplace which is, or is on, a
construction site, other than one in relation to
which the Office for Nuclear Regulation is
20responsible for health and safety
enforcement;”.

(6) After that paragraph insert—

“(zaa) in relation to relevant premises—

(i) for which a licence is required by virtue of section 1 of
25the Nuclear Installations Act 1965 or for which a
permit is required by virtue of section 2 of that Act;

(ii) for which such a licence or permit would be required
but for the fact that the premises are used by, or on
behalf of, the Crown; or

(iii) 30which are a 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,

the Office for Nuclear Regulation;”.

(7) 35In 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) For the purposes of subsection (9)—

(a) 40“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
Regulations applies;

(b) 45the 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
for the enforcement of any of the relevant statutory
provisions (within the meaning of Part 1 of that Act) in
5relation to the site.”

(9) In subsection (10), after “(9)” insert “or (9A)”.

Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541S.I. 2005/1541)

87 The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/2541S.I. 2005/2541) is amended
as follows.

88 (1) 10Article 25 (enforcing authorities) is amended as follows.

(2) That Article becomes paragraph (1) and is amended as follows.

(3) In paragraph (b)—

(a) omit sub-paragraphs (i) and (ii);

(b) for sub-paragraph (iv) substitute—

“(iv) 15any workplace which is, or is on, a
construction site, other than one in relation to
which the Office for Nuclear Regulation is
responsible for health and safety
enforcement;”.

(4) 20After that paragraph insert—

“(bb) the Office for Nuclear Regulation in relation to—

(i) any premises for which a licence is required by virtue
of section 1 of the Nuclear Installations Act 1965 or for
which a permit is required by virtue of section 2 of
25that Act;

(ii) any premises for which such a licence or permit
would be required but for the fact that the premises
are used by, or on behalf of, the Crown;

(iii) any workplace which is, or is on, a construction site in
30relation to which the Office for Nuclear Regulation is
responsible for health and safety enforcement;”.

(5) In paragraph (e)—

(a) in sub-paragraph (i), for “(b)(ii)” substitute “(bb)(ii)”;

(b) in sub-paragraph (ii), for “(b)(ii)” substitute “(bb)(ii)”.

(6) 35After 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
Management) Regulations 2007, to which those Regulations
40apply, 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
virtue of regulations under section 18(2) of the Health and
45Safety at Work etc. Act 1974 (enforcement), it is responsible
for the enforcement of any of the relevant statutory

provisions (within the meaning of Part 1 of that Act) in
relation to the site.”

89 In Article 26 (enforcement of Order), in paragraph (3), after “Health and
Safety Executive” (in both places) insert “, Office for Nuclear Regulation”.

5Government of Wales Act 2006 (c. 32)2006 (c. 32)

90 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
(economic development), after “nuclear installations” insert “and the Office
for Nuclear Regulation”.

10National Health Service Act 2006 (c. 41)2006 (c. 41)

91 In section 2A of the National Health Service Act 2006 (Secretary of State’s
duty as to protection of public health)—

(a) in subsection (3)(b), for “the Health and Safety Executive” substitute
“a relevant body”;

(b) 15in subsection (4)(a), for “Health and Safety Executive” substitute
“relevant body”;

(c) after subsection (4) insert—

“(5) For the purposes of subsections (3) and (4), each of the
following is a relevant body—

(a) 20the Health and Safety Executive;

(b) the Office for Nuclear Regulation.”.

Road Safety Act 2006 (c. 49)2006 (c. 49)

92 Section 57 of the Road Safety Act 2006 (which amends section 2 of the
Radioactive Material (Road Transport) Act 1991) is repealed.

25Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)2007 (c. 19)

93 In section 25 of the Corporate Manslaughter and Corporate Homicide Act
2007, in the definition of “health and safety legislation”, at the end insert
“and provision dealing with health and safety matters contained in Part 3 of
the Energy Act 2013 (nuclear regulation)”.

30Regulatory Enforcement and Sanctions Act 2008 (c. 13)2008 (c. 13)

94 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.

35Energy Act 2008 (c. 32)2008 (c. 32)

95 The Energy Act 2008 is amended as follows.

96 In section 46 (approval of a funded decommissioning programme), in
subsection (6), for paragraph (a) substitute—

“(a) the Office for Nuclear Regulation,”.

97 In section 50 (power to disapply section 49), in subsection (2), for paragraph
(a) substitute—

“(a) the Office for Nuclear Regulation,”.

98 In section 54 (nuclear decommissioning: regulations and guidance), in
5subsection (8), for paragraph (a) substitute—

“(a) the Office for Nuclear Regulation,”.

99 In section 59 (offence of further disclosure of information), in subsection
(2)(c)—

(a) for “the Health and Safety Executive” substitute “the Office for
10Nuclear Regulation”;

(b) for “the Executive” substitute “the Office for Nuclear Regulation”.

100 In section 63 (co-operation with other public bodies), in subsection (2), for
paragraph (a) substitute—

“(a) the Office for Nuclear Regulation;”.

15Borders, Citizenship and Immigration Act 2009 (c. 11)2009 (c. 11)

101 (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) 20In 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 98 and 99 of the Energy Act 2013 (HMRC functions
in relation to Office for Nuclear Regulation etc.),”.

(3) 25In 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 98 and 99 of the Energy Act 2013 (HMRC functions
in relation to Office for Nuclear Regulation etc.),”.

30Equality Act 2010 (c. 15)2010 (c. 15)

102 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.”.

Health and Social Care Act 2012 (c. 7)2012 (c. 7)

103 35In section 58(6) of the Health and Social Care Act 2012 (radiation protection
functions), after paragraph (b) insert—

“(c) the Office for Nuclear Regulation.”.

Section 129

SCHEDULE 13 Transfer schemes under section 129

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
5Secretary of State (“the transferee”) are transferred and vest in accordance
with 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
10has vested in the Secretary of State by virtue of a scheme is conclusive
evidence 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
  15in accordance with the scheme;

• “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
  20Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246).

2 (1) A 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
25transferee;

(b) for 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) 30about the continuation of legal proceedings;

(d) for 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) 35for preventing a right of pre-emption, right of reverter, right of
forfeiture, 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
40property, rights or liabilities by the scheme;

(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
45property, 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
provision which is the same or similar.

(2) Sub-paragraph (1)(b) does not apply to references in primary legislation or
in subordinate legislation.

3 5For the purposes of this Schedule—

(a) an individual who holds employment in the civil service is to be
treated 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 144

10SCHEDULE 14 Consumer redress orders

Part 1 Gas consumers

1 (1) The Gas Act 1986 is amended as set out in sub-paragraphs (2) to (7).

(2) 15After section 30F insert—

“30G Consumer redress orders

(1) This section applies where the Authority is satisfied that—

(a) a regulated person has contravened, or is contravening, any
relevant condition or requirement, and

(b) 20as a result of the contravention, one or more consumers have
suffered loss or damage or been caused inconvenience.

(2) The 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) 25remedying the consequences of the contravention, or

(b) preventing a contravention of the same or a similar kind from
being repeated.

(3) A consumer redress order must specify the following—

(a) the regulated person to whom the order applies;

(b) 30the contravention in respect of which the order is made;

(c) the affected consumers, or a description of such consumers;

(d) the requirements imposed by the order;

(e) the date by which the regulated person must comply with
such requirements.

(4) 35As soon as practicable after making a consumer redress order, the
Authority must—

(a) serve 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) publish the order in such manner as the Authority
considers appropriate for the purpose of bringing it to
5the 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
date 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
10different 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—

• “affected consumers”, in relation to a consumer redress order
  (or proposed order), are those consumers that the Authority
  15is 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;

• “consumers” means consumers in relation to gas conveyed
  through pipes;

• 20“consumer redress order” means an order under subsection (2).

30H Remedial action under a consumer redress order

(1) The things mentioned in section 30G(2) that a regulated person may
be required to do under a consumer redress order (“the required
remedial action”) include, in particular—

(a) 25paying 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) preparing and distributing a written statement setting out the
contravention and its consequences;

(c) 30terminating or varying any contracts entered into between
the regulated person and affected consumers.

(2) Where the required remedial action includes the payment of
compensation, the order must specify—

(a) the amount of compensation to be paid, and

(b) 35the 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
distribution of a statement, the order may specify the information to
be contained in the statement and the form and manner in which it is
40to be distributed.

(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
45statement 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) the requirement has effect only if, and to the extent that, the
affected consumer consents to the termination of the contract
5on 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
give such consent.

30I Other procedural requirements in relation to consumer redress orders

(1) 10Before 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) the regulated person to whom the order will apply,

(b) the contravention in respect of which the order is to be made,

(c) 15the 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) the time (not being less than 21 days from the relevant date)
by which representations or objections with respect to the
20proposed order may be made,

and the Authority must consider any representations or objections
which are duly made and not withdrawn.

(3) Before varying any proposal stated in a notice under subsection (1)
the Authority must give notice specifying—

(a) 25the 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
proposed variation may be made,

and the Authority must consider any representations or objections
30which are duly made and not withdrawn.

(4) Before revoking a consumer redress order the Authority must give
notice—

(a) stating that it proposes to revoke the order and the reasons
for doing so, and

(b) 35specifying the time (not being less than 21 days from the
relevant date) within which representations or objections to
the proposed revocation may be made,

and the Authority must consider any representations or objections
which are duly made and not withdrawn.

(5) 40A notice required to be given under this section is to be given—

(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) 45by 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) in 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
5is served in accordance with subsection (5)(a) and (b)(i).

30J Statement of policy with respect to consumer redress orders

(1) The Authority must prepare and publish a statement of policy with
respect to—

(a) the making of consumer redress orders, and

(b) 10the determination of the requirements to be imposed by such
orders (including, in particular, the considerations the
Authority will have regard to in determining such
requirements).

(2) The Authority must have regard to its current statement of policy—

(a) 15in deciding whether to make a consumer redress order in
respect of a contravention, and

(b) in determining the requirements to be imposed by any such
order.

(3) The Authority may revise its statement of policy and, where it does
20so, must publish the revised statement.

(4) Publication under this section is to be in such manner as the
Authority 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) 25The Authority must consult such persons as it considers appropriate
when preparing or revising its statement of policy.

30K Time limits for making consumer redress orders

(1) Where no final or provisional order has been made in relation to a
contravention, the Authority may not give a consumer redress order
30in respect of the contravention later than the end of the period of 5
years from the time of the contravention.

(2) Subsection (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) 35a notice relating to the contravention is served on the
regulated person under section 38(1).

(3) Where a final or provisional order has been made in relation to a
contravention, the Authority may give a consumer redress order in
respect of the contravention only if the notice relating to the
40consumer redress order under section 30I(1) is served on the
regulated person—

(a) within 3 months from the confirmation of the provisional
order or the making of the final order, or

(b) where the provisional order is not confirmed, within 6
45months from the making of the provisional order.

30L Enforcement of consumer redress orders

(1) Compliance with a consumer redress order is enforceable by civil
proceedings by the Authority—

(a) for an injunction or interdict,

(b) 5for 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) Proceedings under subsection (1) are to be brought—

(a) in England and Wales, in the High Court, or

(b) 10in 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
a contravention of the order.

(4) Without limiting the Authority’s right to bring civil proceedings
15under 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) For 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
20between P and the regulated person who owes the duty.

30M Appeals against consumer redress orders

(1) A regulated person in respect of whom a consumer redress order is
made may make an application to the court under this section if the
person is aggrieved by—

(a) 25the making of the order, or

(b) any requirement imposed by the order.

(2) An application under subsection (1) must be made within 42 days
from the date of service on the regulated person of a copy of the
order under section 30G(4)(a).

(3) 30On 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
considers appropriate.

(4) The court may exercise the powers under subsection (3) only if it
35considers 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
Authority under section 30G;

(b) that any of the requirements under section 30G(4) and 30I
40have 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) that it was unreasonable of the Authority to require
something to be done under the order (whether at all or in
45accordance with the provisions of the order).