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167 | Determination of appeals |
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(1) | This section applies to every appeal brought under section 165 of this Act. |
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(2) | In determining the appeal the Competition Commission must have regard, to |
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the same extent as is required of GEMA, to the matters to which GEMA must |
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(a) | in the carrying out of its principal objectives under section 4AA of the |
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Gas Act 1986 (c. 44) and section 3A of the 1989 Act (principal objectives |
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(b) | in the performance of its duties under those sections; and |
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(c) | in the performance of its duties under sections 4AB and 4A of that Act |
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of 1986 and sections 3B and 3C of the 1989 Act (environmental and |
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health and safety considerations). |
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(3) | In determining the appeal the Competition Commission— |
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(a) | may have regard to any matter to which GEMA was not able to have |
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regard in the case of the decision appealed against; but |
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(b) | must not, in the exercise of that power, have regard to any matter to |
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which GEMA would not have been entitled to have regard in that case |
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had it had the opportunity of doing so. |
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(4) | The Competition Commission may allow the appeal only if it is satisfied that |
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the decision appealed against was wrong on one or more of the following |
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(a) | that GEMA failed properly to have regard to the matters mentioned in |
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(b) | that GEMA failed properly to have regard to the purposes for which the |
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relevant condition has effect; |
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(c) | that GEMA failed to give the appropriate weight to one or more of |
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those matters or purposes; |
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(d) | that the decision was based, wholly or partly, on an error of fact; |
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(e) | that the decision was wrong in law. |
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(5) | Where the Competition Commission does not allow the appeal, it must |
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confirm the decision appealed against. |
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(6) | Where it allows the appeal, it must do one or more of the following— |
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(a) | quash the decision appealed against; |
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(b) | remit the matter to GEMA for reconsideration and determination in |
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accordance with the directions given by the Competition Commission; |
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(c) | where it quashes the refusal of a consent, give directions to GEMA, and |
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to such other persons as it considers appropriate, for securing that the |
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relevant condition has effect as if the consent had been given. |
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(7) | A person shall not be directed under subsection (6) to do anything that he |
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would not have power to do apart from the direction. |
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(8) | A person to whom a direction is given under subsection (6) must comply with |
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it; and such a direction given to a person other than GEMA shall be enforceable |
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as if it were an order of the High Court or (in Scotland) of the Court of Session. |
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(9) | The decision of the Competition Commission on the appeal— |
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(a) | must be contained in an order made by the Commission; |
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(b) | must set out the reasons for the decision; |
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(c) | takes effect at the time specified in the order or determined in |
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accordance with provision set out in that order; |
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(d) | must be notified by the Commission to the persons who (within the |
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meaning of Schedule 22) were parties to the appeal; and |
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(e) | must be published by the Commission in such manner as it considers |
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appropriate for bringing it to the attention of other persons likely to be |
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(10) | The Competition Commission may exclude from what it publishes under |
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subsection (9)(e) any information which it is satisfied is— |
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(a) | commercial information the disclosure of which would, or might, |
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significantly harm the legitimate business interests of an undertaking |
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(b) | information relating to the private affairs of an individual the |
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disclosure of which would, or might, in its opinion, significantly harm |
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| “consent” includes an approval or direction; and |
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| “the relevant condition”, in relation to a decision, means the licence |
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condition the provisions of which have effect by reference to the |
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document to which the decision relates. |
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168 | Specialist members of Competition Commission |
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The Competition Commission’s functions with respect to appeals under |
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section 165 of this Act shall be treated as included in— |
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(a) | the functions for the purposes of which members of the Competition |
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Commission are appointed under subsection (1) of section 104 of the |
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Utilities Act 2000 (c. 27) (specialist members); and |
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(b) | the functions for the purposes of which the members appointed under |
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that subsection before the commencement of this section were |
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Funding of appeals and references |
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169 | Modifications of standard conditions for funding appeals and references |
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(1) | Where the Secretary of State considers it appropriate to do so— |
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(a) | in connection with the provision made by sections 165 to 167 and |
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(b) | in relation to references to the Competition Commission under section |
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24 of the Gas Act 1986 (c. 44) or section 12 of the 1989 Act (modification |
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| he may make licence modifications falling within subsection (2). |
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(2) | Those licence modifications are— |
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(a) | modifications of so much of the standard conditions of gas or electricity |
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licences of any type as relates to licence charges; and |
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(b) | such incidental, consequential or transitional modifications in |
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connection with modifications falling within paragraph (a) as he thinks |
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(3) | Where the standard conditions of gas or electricity licences contain provision |
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authorising the imposition of licence charges in respect of costs incurred by the |
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Competition Commission in connection with a reference mentioned in |
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(a) | the Competition Commission shall have power, on such a reference, to |
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give directions to GEMA about the manner in which the Competition |
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Commission’s costs in connection with that reference are to be |
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recovered by means of such charges; and |
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(b) | GEMA must comply with any such directions. |
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(4) | Before making a modification under this section that applies to licences of any |
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type, the Secretary of State must consult— |
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(a) | the holders of the licences; and |
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(b) | such other persons as he considers appropriate. |
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(5) | Subsection (4) may be satisfied by consultation that took place wholly or partly |
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before the commencement of this section. |
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(6) | The Secretary of State must publish every modification made by him under this |
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(7) | The publication must be in such manner as the Secretary of State considers |
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(8) | Where the Secretary of State makes modifications under this section of the |
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standard conditions of licences of any type, GEMA must— |
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(a) | make (as nearly as may be) the same modifications of those standard |
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conditions for the purposes of their incorporation in licences of that |
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type granted after that time; and |
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(b) | publish the modifications in such manner as it considers appropriate. |
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(9) | The Secretary of State’s powers under this section are exercisable only during |
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the three months beginning with the commencement of this section. |
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| “gas or electricity licence” has the same meaning as in section 165; and |
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| “licence charges” means payments which— |
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(a) | under the conditions of a gas or electricity licence, are required |
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to be paid on the grant or during the currency of the licence by |
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(b) | are payments of amounts determined by or under the licence. |
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170 | Duty to have regard to best regulatory practice |
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In each of section 4AA of the Gas Act 1986 (c. 44) and section 3A of the 1989 Act |
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(principal objective and general duties), after subsection (5) insert— |
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“(5A) | In carrying out their respective functions under this Part in accordance |
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with the preceding provisions of this section the Secretary of State and |
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the Authority must each have regard to— |
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(a) | the principles under which regulatory activities should be |
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transparent, accountable, proportionate, consistent and |
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targeted only at cases in which action is needed; and |
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(b) | any other principles appearing to him or, as the case may be, it |
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to represent the best regulatory practice.” |
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Meaning of electricity supply and high voltage lines |
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171 | Meaning of electricity supply |
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(1) | For the definition of “supply” in section 4(4) of the 1989 Act, substitute— |
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| “‘supply’, in relation to electricity, means its supply to premises in |
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(a) | it is conveyed to the premises wholly or partly by means |
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of a distribution system, or |
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(b) | (without being so conveyed) it is supplied to the |
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premises from a substation to which it has been |
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conveyed by means of a transmission system, |
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| but does not include its supply to premises occupied by a |
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licence holder for the purpose of carrying on activities which he |
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is authorised by his licence to carry on;”. |
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(2) | In each of the provisions specified in subsection (3) (which all refer to electricity |
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conveyed by distribution systems), after “distribution systems” insert “or |
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(3) | Those provisions are— |
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(a) | section 3A(1), (5)(a) and (7) of the 1989 Act (principal objectives and |
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general duties applying to electricity regulation); |
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(b) | section 46A(1) of that Act (investigations by the Consumer Council); |
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(c) | section 48(1) of that Act (publication of information and advice); |
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(d) | section 4AA(4)(a) of the Gas Act 1986 (c. 44) (principal objectives and |
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general duties applying to gas regulation); and |
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(e) | section 17(1) of the Utilities Act 2000 (c. 27) (functions of the Consumer |
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(4) | An order under section 190 for bringing into force provisions of this section |
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may contain any such transitional provision in connection with bringing those |
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provisions into force as the Secretary of State thinks appropriate. |
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(5) | The transitional provision that may be included in an order under subsection |
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(4) includes provision which has effect by reference to determinations made in |
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accordance with that provision by a person specified in the order. |
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172 | Meaning of “high voltage line” |
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(1) | In subsection (1) of section 64 of the 1989 Act (interpretation of Part 1), for the |
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definitions of “high voltage line” and “low voltage line” substitute— |
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| “‘high voltage line’ means an electric line which— |
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(a) | if it is in Scotland or is a relevant offshore line (as |
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defined in subsection (1A)), is of a nominal voltage of |
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132 kilovolts or more; and |
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(b) | in any other case, is of a nominal voltage of more than |
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| and ‘low voltage line’ shall be construed accordingly;”. |
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(2) | After that subsection insert— |
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“(1A) | An electric line is a relevant offshore line for the purposes of the |
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definition in subsection (1) of ‘high voltage line’ if— |
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(a) | it is in an area of the territorial sea adjacent to the United |
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Kingdom or an area designated under section 1(7) of the |
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Continental Shelf Act 1964; and |
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(i) | to convey electricity to a place in Scotland; or |
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(ii) | to convey, to any other place, electricity generated by a |
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generating station that is situated in an area mentioned |
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(1) | In Schedule 2B to the Gas Act 1986 (c. 44) (which sets out the gas code), for |
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“6A (1) | A pre-payment meter installed by an authorised supplier through |
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which a consumer takes his supply of gas shall not be used to recover |
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(a) | the sum is owed to an authorised supplier in respect of the |
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supply of gas to the premises on which the meter is installed |
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or in respect of the provision of the meter; or |
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(b) | the recovery of the sum in that manner is permitted by both— |
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(i) | regulations made by the Authority; and |
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(ii) | an agreement falling within sub-paragraph (2) below |
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between the consumer and the person to whom the |
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(2) | An agreement falls within this sub-paragraph if— |
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(a) | the person to whom the sum is owed is a person who is |
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authorised by regulations made by the Authority to enter |
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into agreements falling within this sub-paragraph; |
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(b) | the agreement permits that person to use the meter in |
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question to recover such sums as may be specified in or |
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determined under the agreement; and |
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(c) | the agreement complies with the requirements specified for |
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the purposes of this sub-paragraph by regulations made by |
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(3) | The sums that regulations under this paragraph may permit the |
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recovery of through a pre-payment meter include— |
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(a) | sums owed to a person other than an authorised supplier; |
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(b) | sums owed in respect of premises other than the premises on |
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which the meter is installed; |
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(c) | sums owed in respect of matters other than the supply of gas. |
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(4) | Before making regulations under this paragraph the Authority must |
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(b) | all authorised suppliers; |
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(c) | such other persons as the Authority considers appropriate. |
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(5) | The approval of the Secretary of State is required for the making of |
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regulations under this paragraph.” |
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(2) | In paragraph 12 of Schedule 7 to the 1989 Act (use of pre-payment meters), for |
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sub-paragraph (2) substitute— |
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“(2) | A pre-payment meter installed by an authorised supplier through |
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which a customer of such a supplier takes his supply of electricity |
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shall not be used to recover a sum unless— |
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(a) | the sum is owed to an authorised supplier in respect of the |
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supply of electricity to the premises on which the meter is |
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installed or in respect of the provision of the meter; or |
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(b) | the recovery of the sum in that manner is permitted by both— |
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(ii) | an agreement falling within sub-paragraph (3) below |
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between the customer and the person to whom the |
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(3) | An agreement falls within this sub-paragraph if— |
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(a) | the person to whom the sum is owed is a person who is |
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authorised by regulations to enter into agreements falling |
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within this sub-paragraph; |
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(b) | the agreement permits that person to use the meter in |
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question to recover such sums as may be specified in or |
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determined under the agreement; and |
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(c) | the agreement complies with the requirements specified for |
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the purposes of this sub-paragraph by regulations. |
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(4) | The sums that regulations under this paragraph may permit the |
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recovery of through a pre-payment meter include— |
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(a) | sums owed to a person other than an authorised supplier; |
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(b) | sums owed in respect of premises other than the premises on |
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which the meter is installed; |
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(c) | sums owed in respect of matters other than the supply of |
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(5) | Before making regulations under this paragraph the Authority must |
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(b) | all authorised suppliers; |
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(c) | such other persons as the Authority considers appropriate.” |
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Inquiries under ss. 36 and 37 of the 1989 Act |
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174 | Additional inspectors |
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(1) | In Schedule 8 to the 1989 Act (procedure for consents under sections 36 and 37 |
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relating to the installation of generating stations and electric lines), after |
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5A (1) | This paragraph applies in the case of— |
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(a) | a public inquiry in England and Wales by virtue of paragraph |
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(b) | a public inquiry in England and Wales which is a |
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combination under section 62 of this Act into one inquiry— |
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(i) | of two or more such inquiries; or |
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(ii) | of one or more such inquiries and one or more other |
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(2) | At any time after appointing a person to hold the inquiry (‘the lead |
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inspector’), the Secretary of State may direct him— |
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(a) | to consider such matters relating to the conduct of the inquiry |
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as are specified in the direction; and |
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(b) | to make recommendations to the Secretary of State about |
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(3) | After considering the recommendations of the lead inspector, the |
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(a) | appoint for the purposes of the inquiry such number of |
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additional inspectors as he thinks appropriate; and |
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(b) | direct that each additional inspector must consider such of |
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the matters to which the inquiry relates as are allocated to |
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him by the lead inspector. |
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(4) | An additional inspector must— |
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(a) | comply with every direction as to procedural matters given |
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to him by the lead inspector; and |
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(b) | report to the lead inspector on every matter allocated to him. |
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(5) | It is to be for the lead inspector to report to the Secretary of State on |
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the consideration of both— |
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(a) | the matters which he considered himself; and |
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(b) | the matters the consideration of which was allocated to |
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(6) | The power of the Secretary of State to give directions to the lead |
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inspector may be exercised on one or more different occasions after |
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the appointment of the lead inspector. |
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(a) | the recommendations that may be made by the lead inspector |
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following such a direction include, in particular, a |
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recommendation for varying the number of additional |
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(b) | the power of the Secretary of State to appoint an additional |
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inspector includes power to revoke such an appointment. |
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(8) | A direction by any person under this paragraph may be varied or |
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revoked by a subsequent direction by that person.” |
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(2) | This section does not extend to Scotland. |
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175 | Exclusion of confidential information from registers |
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(1) | In section 36 of the Gas Act 1986 (c. 44) (register to be kept by GEMA), after |
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|