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Utilities Bill - continued        House of Commons
PART I, GAS AND ELECTRICITY - continued
Miscellaneous - continued
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Energy efficiency requirements for gas transporters and suppliers.     79. For section 33BB of the 1986 Act (promotion of efficient use of gas) there is substituted-
 
 
"Promotion of the efficient use by consumers of electricity.     33BB. - (1) The Secretary of State may by order require gas transporters or gas suppliers to meet, within a specified period, targets for the promotion of energy efficiency.
 
    (2) In this section-
 
 
    "energy efficiency" means efficient use by consumers of gas conveyed through pipes or any other source of energy specified in the order; and
 
    "energy efficiency target" means a target for the promotion of energy efficiency which is specified in or determined under the order for any gas transporter or gas supplier to whom the order applies.
      (3) The energy efficiency targets specified in or determined under the order must be such that no gas transporter is unduly disadvantaged in competing with other gas transporters and no gas supplier is unduly disadvantaged in competing with other gas suppliers.
 
      (4) The order may make provision-
 
 
    (a) for the re-assessment during the period to which they relate of energy efficiency targets;
 
    (b) as to the means of measuring improvements in energy efficiency resulting (or to be treated as resulting) from action taken to promote energy efficiency by consumers;
 
    (c) as to the action which qualifies for the purpose of meeting the whole or any part of an energy efficiency target;
 
    (d) requiring the Authority to determine whether any action proposed to be taken by a gas transporter or gas supplier qualifies for the purpose of meeting his energy efficiency target;
 
    (e) where the Authority determines that any action is qualifying action, for the determination to include an assessment by the Authority of-
 
      (i) the improvement in energy efficiency that will be attributed to that action or, if the Authority so determines, to any result of the action taken that is specified in the determination; or
 
      (ii) where the action proposed consists of separate acts of any description, the improvements in energy efficiency that will be attributed to each acts or, if the Authority so determines, to any of such an act that is specified in the determination;
      (5) The order may require gas transporters or gas suppliers-
 
 
    (a) to furnish the Authority with information about-
 
      (i) their proposals for meeting their energy efficiency targets; and
 
      (ii) the action taken to implement those proposals;
 
    (b) to demonstrate to the Authority that the action taken or to be taken in implementation of those proposals will be sufficient to secure that those targets are met;
 
    (c) to demonstrate to the Authority that they have met those targets.
      (6) The order may make provision as to circumstances in which-
 
 
    (a) the Authority may treat action promoting energy efficiency taken-
 
      (i) by a person acting otherwise than on behalf of a gas transporter or gas supplier to whom the order applies; but
 
      (ii) in pursuance of arrangements made between that person and the distributor or supplier,
 
    as action taken by or on behalf of the distributor or supplier for the purpose of all or any part of that person's energy efficiency target;
 
    (b) the Authority may agree to the transfer by a gas transporter or gas supplier to whom the order applies of the whole or part of his energy efficiency target to another such transporter or supplier; or
 
    (c) the Authority may agree to part of an energy efficiency target for any period being carried forward to a subsequent period (and the target for the current period reduced accordingly).
      (7) The order may-
 
 
    (a) provide for exceptions from any requirement of the order;
 
    (b) make supplementary, incidental and transitional provision;
 
    (c) subject to subsection (3), make different provision for different cases.
      (8) Before making an order under this section the Secretary of State shall consult the Authority, the Council, gas transporters and gas suppliers.
 
      (9) A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
 
Exercise of power to make regulations.     80. For section 40(7) of the 1986 Act (power to make regulations to be exercisable by statutory instrument) there is substituted-
 
 
    "(7) Any power to make regulations conferred by this Part on the Secretary of State or the Authority shall be exercisable by statutory instrument.
 
      (8) Any statutory instrument containing regulations under this Part made by the Secretary of State shall, except as otherwise provided by this Act, be subject to annulment in pursuance of a resolution of either House of Parliament.".
 
Standards of gas quality.     81. After section 15A of the 1986 Act (billing disputes) there is inserted-
 
 
"Standards of gas quality.     16. - (1) The Authority may, with the consent of the Secretary of State, prescribe-
 
    (a) standards of pressure and purity to be complied with by gas transporters in conveying gas to premises or to pipe-line systems operated by other gas transporters; and
 
    (b) other standards with respect to the properties, condition and composition of gas so conveyed.
      (2) Before making any regulations under this section the Authority shall consult such persons and organisations as it considers appropriate and such gas transporters as appear to it to be affected by the regulations.
 
      (3) The Authority shall appoint competent and impartial persons for the purpose of-
 
 
    (a) carrying out tests of gas, apparatus or equipment in accordance with the regulations; and
 
    (b) assisting the Authority in exercising functions under the regulations.
      (4) Regulations under this section may make provision-
 
 
    (a) for requiring tests of gas conveyed by gas transporters to be carried out for the purpose of ascertaining whether the gas conforms with the standards prescribed by the regulations;
 
    (b) for requiring such tests to be carried out on the basis of samples taken by persons appointed under subsection (3) or by gas transporters; and
 
    (c) for requiring samples of gas taken under paragraph (b) to be provided by gas transporters for the purpose of carrying out such tests.
      (5) Regulations under this section may make provision-
 
 
    (a) for requiring such premises, apparatus and equipment as the Authority may direct to be provided and maintained by gas transporters for the purpose of carrying out tests required under subsection (4)(a);
 
    (b) for requiring tests of apparatus and equipment so provided to be carried out by persons appointed under subsection (3) at such places or premises at such times and in such manner as the Authority may direct; and
 
    (c) for requiring gas transporters to-
 
      (i) carry out tests of apparatus and equipment so provided and maintained by them;
 
      (ii) notify the results to the Authority or any person appointed under subsection (3); and
 
      (iii) make the results available to other licence holders and to the public.
      (6) Regulations under this section may make provision-
 
 
    (a) as to the places or premises and the times at which, and the manner in which-
 
      (i) tests under subsection (4)(a) or (5)(b) are to be carried out; and
 
      (ii) samples of gas are to be taken and provided under subsection (4)(b) and (c);
 
    (b) for persons representing the gas transporter concerned to be present during the carrying out of any tests carried out under subsection (4)(a) or (5)(b);
 
    (c) for the results of such tests to be made available to other licence holders and to the public;
 
    (d) for conferring powers of entry on property of gas transporters for the purpose of deciding where tests are to be carried out and otherwise for the purposes of the regulations.
      (7) Subject to subsection (8), the Authority may by notice in writing require a gas transporter to give to the Authority, or to any person appointed by it for the purpose, within such time and at such place as may be specified in the notice, such information as the Authority may reasonably require for the purpose of making regulations under this section or of giving directions under such regulations.
 
      (8) A gas transporter shall not be required under subsection (7) to give any information which he could not be compelled to give in evidence in civil proceedings before the High Court or, in Scotland, the Court of Session.
 
      (9) There shall be paid by the Authority to the persons appointed under subsection (3) such remuneration and allowances as may be determined by the Secretary of State with the approval of the Treasury, and such pensions as may be so determined shall be paid to or in respect of those persons.
 
      (10) Every person who is a gas transporter during any period shall pay to the Authority such proportion as the Authority may determine of-
 
 
    (a) any sums paid by it under subsection (9) above in respect of that period; and
 
    (b) such part of its other expenses for that period as the Authority may, with the consent of the Treasury, determine to be attributable to his functions in connection with the testing of gas for the purposes of this section.
      (11) Any liability under subsection (10) to pay to the Authority sums on account of pensions (whether paid by it under subsection (9) or otherwise) shall, if the Authority so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Treasury, by reference to remuneration."
 
Maximum prices for reselling gas.     82. - (1) In section 37 of the 1986 Act (maximum prices for reselling gas)-
 
 
    (a) in subsection (1), for "shall" (in the first place it appears) and "gas suppliers" there is substituted respectively "may" and "authorised suppliers";
 
    (b) in subsections (2) and (4) for "a gas supplier" there is substituted "an authorised supplier"; and
 
    (c) after subsection (5) there is added-
 
    "(6) In this section "authorised supplier" means a person who is authorised by a licence or exemption to supply gas."
 
 
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