Energy Bill [HL]

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Part 5 — Miscellaneous and Supplemental
143

(b)
power to provide for provisions of that Act having effect (with or
without modifications) in relation to a foreign area, so far as they apply
to individuals, to apply to them whether or not they are British citizens;
(c)
power to provide for provisions of that Act having effect (with or
without modifications) in relation to a foreign area, so far as they apply
5
to bodies corporate, to apply to them whether or not they are
incorporated under the law of a part of the United Kingdom; and
(d)
power to provide for modifications of that Act to come into force before
the coming into force of the international agreement to which they
relate.
10
(4)
An Order in Council under this section may—
(a)
modify powers under the Petroleum Act 1998 to make subordinate
legislation;
(b)
make provision for a reference in a modification made by the Order to
a specified document to operate as a reference to that document as
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revised or re-issued from time to time; and
(c)
provide for the delegation of powers exercisable by virtue of
modifications made by the Order.
(5)
The power to make an Order in Council containing provision authorised by
this section is subject to the affirmative resolution procedure.
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(6)
In this section—

“construction” and “pipeline” have the same meanings as in Part 3 of the
Petroleum Act 1998 (c. 17);

“foreign area” means an area which is not within any of the following—
(a)
the United Kingdom;
25
(b)
the territorial sea adjacent to the United Kingdom; or
(c)
an area designated under section 1(7) of the Continental Shelf
Act 1964 (c. 29);

“international agreement” means—
(a)
any international treaty, convention or protocol to which the
30
United Kingdom is a party; or
(b)
any other agreement between the United Kingdom and another
country or territory;

“offshore installation” has the same meaning as in Part 4 of the Petroleum
Act 1998.
35
Supplementary provision relating to functions of Secretary of State and GEMA
186
Application of general duties to Part 4 functions etc.
(1)
Sections 4AA to 4B of the Gas Act 1986 (c. 44) (principal objectives and general
duties) apply to the carrying out as respects—
(a)
activities required to be authorised by gas licences,
40
(b)
such licences and the conditions of such licences, or
(c)
companies holding such licences,

of functions conferred on the Secretary of State or GEMA by or under Chapters
2 to 4 of Part 4 of this Act as they apply in relation to the carrying out of
functions conferred on him, or on it, by or under Part 1 of that Act.
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Energy Bill [HL]
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(2)
Sections 3A to 3D of the 1989 Act (principal objectives and general duties)
apply to the carrying out as respects—
(a)
activities required to be authorised by electricity licences,
(b)
such licences and the conditions of such licences, or
(c)
companies holding such licences,
5

of functions conferred on the Secretary of State or GEMA by or under section
91 or 92 or Part 4 of this Act (other than section 175(4)) as they apply in relation
to the carrying out of functions conferred on him, or on it, by or under Part 1
of that Act.
(3)
In section 3A(2)(b) of the 1989 Act (duty to have regard to ability of licence
10
holders to finance obligations under Part 1 or the Utilities Act 2000), for “or the
Utilities Act 2000” substitute “, the Utilities Act 2000 or Part 3 or 4 of the Energy
Act 2004”.
(4)
In this section—

“electricity licence” means a licence for the purposes of section 4 of the
15
1989 Act (prohibition on unlicensed electricity activities); and

“gas licence” means a licence for the purposes of section 5 of the Gas Act
1986 (c. 44) (prohibition on unlicensed gas activities).
187
Supplementary provision about licence condition powers
(1)
This section applies to—
20
(a)
the Secretary of State’s powers under Chapters 2 to 4 of Part 4 of this
Act with respect to the conditions of gas licences; and
(b)
his powers under sections 91 and 92 and Part 4 of this Act with respect
to the conditions of electricity licences;

and this section is to be disregarded in determining the generality of those or
25
any other powers conferred on the Secretary of State by this Act or otherwise.
(2)
Conditions included in a gas licence, or in an electricity licence, by virtue of a
power to which this section applies need not relate to the activities authorised
by the licence.
(3)
Conditions included in a gas licence by virtue of a power to which this section
30
applies may do any of the things authorised by section 7B(4A) or (5) of the Gas
Act 1986 (which apply to GEMA’s power with respect to licence conditions
under section 7B(4)(a)).
(4)
Conditions included in an electricity licence by virtue of a power to which this
section applies may do any of the things authorised by section 7(2) to (4) of the
35
1989 Act (which apply to GEMA’s power with respect to licence conditions
under section 7(1)(a)).
(5)
In this section—

“electricity licence” means a licence for the purposes of section 4 of the
1989 Act (prohibition on unlicensed electricity activities); and
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“gas licence” means a licence for the purposes of section 5 of the Gas Act
1986 (prohibition on unlicensed gas activities).

Energy Bill [HL]
Part 5 — Miscellaneous and Supplemental
145

Supplemental
188
Powers exercisable by statutory instrument
(1)
Every power conferred by this Act on the Secretary of State or the Treasury to
make an order or regulations is a power exercisable by statutory instrument.
(2)
Where—
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(a)
this Act provides for an Order in Council, order or regulations to be
subject to the negative resolution procedure, and
(b)
a draft of the Order in Council, order or regulations has not been
required, in accordance with subsection (3) or any other enactment, to
be laid before Parliament and approved by a resolution of each House,
10
or by a resolution of the House of Commons,

the statutory instrument containing the Order in Council, order or regulations
shall be subject to annulment in pursuance of a resolution of either House of
Parliament.
(3)
Where this Act specifies that the power to make any provision by Order in
15
Council or other order is subject to the affirmative resolution procedure, no
order under this Act containing that provision (with or without other
provision) shall be made unless a draft of the Order in Council or other order
has been—
(a)
laid before Parliament; and
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(b)
approved by a resolution of each House.
(4)
Subject to subsection (5), every power under this Act to make an Order in
Council and every power conferred by this Act on the Secretary of State or the
Treasury to make an order or regulations includes power—
(a)
to make different provision for different cases (including different
25
provision in respect of different areas);
(b)
to make provision subject to such exemptions and exceptions as the
person exercising the power thinks fit; and
(c)
to make such incidental, supplemental, consequential and transitional
provision as that person thinks fit.
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(5)
Subsection (4) does not apply to—
(a)
the Secretary of State’s power to make an order under section 42(3);
(b)
the power to make an Order in Council under section 85(4); or
(c)
so much of the Secretary of State’s power to make an order under
section 194 as is exercisable otherwise than by virtue of section 175(4)
35
and (5).
189
Service of notifications and other documents
(1)
This section applies where provision made (in whatever terms) by or under
this Act (other than Chapter 3 of Part 4) authorises or requires—
(a)
a notification to be given to a person; or
40
(b)
a document of any other description (including a copy of a document)
to be sent to a person.
(2)
The notification or document may be given or sent to the person in question—
(a)
by delivering it to him;
(b)
by leaving it at his proper address; or
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Energy Bill [HL]
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(c)
by sending it by post to him at that address.
(3)
The notification or document may be given or sent to a body corporate by
being given or sent to the secretary or clerk of that body.
(4)
The notification or document may be given or sent to a firm by being given or
sent to—
5
(a)
a partner in the firm; or
(b)
a person having the control or management of the partnership
business.
(5)
The notification or document may be given or sent to an unincorporated body
or association by being given or sent to a member of the governing body of the
10
body or association.
(6)
For the purposes of this section and section 7 of the Interpretation Act 1978
(c. 30) (service of documents by post) in its application to this section, the
proper address of a person is—
(a)
in the case of a body corporate, the address of the registered or
15
principal office of the body;
(b)
in the case of a firm, or an unincorporated body or association, the
address of the principal office of the firm, body or association;
(c)
in the case of a person to whom the notification or other document is
given or sent in reliance on any of subsections (3) to (5), the proper
20
address of the body corporate, firm or (as the case may be) other body
or association in question; and
(d)
in any other case, the last known address of the person in question.
(7)
In the case of—
(a)
a company registered outside the United Kingdom,
25
(b)
a firm carrying on business outside the United Kingdom, or
(c)
an unincorporated body or association with offices outside the United
Kingdom,

the references in subsection (6) to its principal office include references to its
principal office within the United Kingdom (if any).
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(8)
In this section “notification” includes notice; and references in this section to
sending a document to a person include references to making an application to
him.
(9)
This section has effect subject to section 190.
190
Notifications and documents in electronic form
35
(1)
This section applies where—
(a)
section 189 authorises the giving or sending of a notification or other
document by its delivery to a particular person (“the recipient”); and
(b)
the notification or other document is transmitted to the recipient—
(i)
by means of an electronic communications network; or
40
(ii)
by other means but in a form that nevertheless requires the use
of apparatus by the recipient to render it intelligible.
(2)
The transmission has effect for the purposes of this Act as a delivery of the
notification or other document to the recipient, but only if the requirements
imposed by or under this section are complied with.
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Energy Bill [HL]
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(3)
Where the recipient is the NDA—
(a)
it must have indicated its willingness to receive the notification or other
document in a manner mentioned in subsection (1)(b);
(b)
the transmission must be made in such manner, and satisfy such other
conditions, as it may require; and
5
(c)
the notification or other document must take such form as it may
require.
(4)
Where the person making the transmission is the NDA, it may (subject to
subsection (5)) determine—
(a)
the manner in which the transmission is made; and
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(b)
the form in which the notification or other document is transmitted.
(5)
Where the recipient is a person other than the NDA—
(a)
the recipient, or
(b)
the person on whose behalf the recipient receives the notification or
other document,
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must have indicated to the person making the transmission the recipient’s
willingness to receive notifications or documents transmitted in the form and
manner used.
(6)
An indication to any person for the purposes of subsection (5)—
(a)
must be given to that person in such manner as he may require;
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(b)
may be a general indication or one that is limited to notifications or
documents of a particular description;
(c)
must state the address to be used and must be accompanied by such
other information as that person requires for the making of the
transmission; and
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(d)
may be modified or withdrawn at any time by a notice given to that
person in such manner as he may require.
(7)
An indication, requirement or determination given, imposed or made by the
NDA for the purposes of this section is to be given, imposed or made by being
published in such manner as it considers appropriate for bringing it to the
30
attention of the persons who, in its opinion, are likely to be affected by it.
(8)
Subsection (8) of section 189 applies for the purposes of this section as it applies
for the purposes of that section.
191
Timing and location of things done electronically
(1)
The Secretary of State may, by order, make provision specifying, for the
35
purposes of any enactment or subordinate legislation contained in or made
under this Act, the manner of determining—
(a)
the times at which things done under that enactment or subordinate
legislation by means of electronic communications networks are done;
and
40
(b)
the places at which such things are so done, and at which things
transmitted by means of such networks are received.
(2)
The provision made by subsection (1) may include provision as to the country
or territory in which an electronic address is to be treated as located.
(3)
An order made by the Secretary of State may also make provision about the
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manner of proving in any legal proceedings—

Energy Bill [HL]
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(a)
that something done by means of an electronic communications
network satisfies the requirements of an enactment or subordinate
legislation contained in or made under this Act for the doing of that
thing; and
(b)
the matters mentioned in subsection (1)(a) and (b).
5
(4)
An order under this section may provide for such presumptions to apply
(whether conclusive or not) as the Secretary of State considers appropriate.
(5)
An order under this section is subject to the negative resolution procedure.
192
General interpretation
(1)
In this Act—
10

“the 1965 Act” means the Nuclear Installations Act 1965 (c. 57);

“the 1989 Act” means the Electricity Act 1989 (c. 29);

“the 1993 Act” means the Radioactive Substances Act 1993 (c. 12);

“affirmative resolution procedure” is to be construed in accordance with
section 188(3);
15

“BNFL” means the Nuclear Fuels Company (within the meaning of the
Atomic Energy Authority Act 1971 (c. 11));

“contravention” includes a failure to comply, and cognate expressions are
to be construed accordingly;

“documents” includes accounts, drawings, written representations and
20
records of any description;

“electronic communications network” has the same meaning as in the
Communications Act 2003 (c. 21);

“enactment” includes Acts of the Scottish Parliament and Northern
Ireland legislation;
25

“financial year” means a period of twelve months ending with 31st March;

“GEMA” means the Gas and Electricity Markets Authority;

“modification” includes omission, addition or alteration, and cognate
expressions are to be construed accordingly;

“the NDA” means the Nuclear Decommissioning Authority established
30
by section 4;

“negative resolution procedure” is to be construed in accordance with
section 188(2);

“nuclear site licence” has the same meaning as in the 1965 Act;

“nuclear transfer scheme” means a scheme under section 41;
35

“pensions, allowances or gratuities” is to be construed in accordance with
subsection (2);

“securities”, in relation to a body corporate, includes shares, debentures,
debenture stock, bonds and other securities of the body corporate,
whether or not constituting a charge on the assets of the body
40
corporate;

“shares” includes stock;

“subordinate legislation” has the same meaning as in the Interpretation
Act 1978 (c. 30);

“subsidiary” and “wholly-owned subsidiary” have the meanings given by
45
section 736 of the Companies Act 1985 (c. 6);

“the UKAEA” means the United Kingdom Atomic Energy Authority.

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(2)
In this Act—
(a)
references to pensions, allowances or gratuities include references to
any similar benefits provided on death or retirement; and
(b)
references to the payment of pensions, allowances or gratuities to or in
respect of a person include references to the making of payments
5
towards the provision of the payment of pensions, allowances or
gratuities to or in respect of that person.
193
Repeals etc.
(1)
In the Atomic Energy Authority Act 1971, the following provisions shall cease
to have effect—
10
(a)
section 4(1) (BNFL to make property etc. available to the UKAEA); and
(b)
section 11(1) to (3) (provisions as to shares in BNFL and the
Radiochemical Company).
(2)
In section 11(4) of that Act (subscription for shares by the Secretary of State),
for “either of the companies” substitute “the Nuclear Fuels Company”.
15
(3)
In section 12(1) of that Act (loans to BNFL and the Radiochemical Company),
for “either of the companies” and “the company to which the loan is made”
substitute, respectively, “the Nuclear Fuels Company” and “that Company”.
(4)
In section 20 of that Act, subsection (4) (powers to exclude employees of BNFL
and Amersham from the UKAEA pension scheme) shall cease to have effect.
20
(5)
In section 1(1) of the Nuclear Industry (Finance) Act 1977 (c. 7) (Government
guarantees for BNFL and the Radiochemical Company), the words “or The
Radiochemical Centre Limited (‘T.R.C.L.’)” shall cease to have effect.
(6)
In subsection (1) of section 2 of that Act (financial limits)—
(a)
for the words from “financial limits” to “B.N.F.L.,” substitute “financial
25
limit applicable to B.N.F.L. is”;
(b)
paragraph (b) and the word “and” immediately preceding it shall cease
to have effect; and
(c)
for “either company” substitute “the company”.
(7)
In subsection (2) of that section for “either of the two companies” substitute
30
“B.N.F.L.”.
(8)
In section 11A(10) of the 1989 Act, in paragraph (b) of the definition of “relevant
licence holder”, the words “(by virtue of anything done under section 33(2) of
the Utilities Act 2000)” shall cease to have effect.
(9)
The enactments in Part 1 of Schedule 23 (which include some that are spent) are
35
repealed to the extent shown in the second column of that Part of that Schedule.
(10)
Those repeals have effect subject to the provisions set out in Part 2 of that
Schedule.
194
Short title, commencement and extent
(1)
This Act may be cited as the Energy Act 2004.
40
(2)
This Act (apart from this section) shall come into force on such day as the
Secretary of State may by order appoint; and different days may be appointed
for different purposes.