Energy Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Energy Bill

Energy Bill
Part 5 — Miscellaneous
70

Gas meters
79
Gas meters
(1)
The functions of the Gas and Electricity Markets Authority (“the Authority”)
under gas meter legislation are transferred to the Secretary of State.
(2)
References in gas meter legislation to the Authority (including references in
5
that legislation which, by virtue of section 3(2) of the Utilities Act 2000 (c. 27),
are treated as references to the Authority) are to be treated, so far as necessary
for the purposes or in consequence of the transfer, as if they were references to
the Secretary of State.
(3)
Regulations made, or treated as made, by the Authority under section 17 of the
10
Gas Act 1986 (c. 44) (gas meter testing and stamping) and in force immediately
before commencement have effect on and after commencement as if they had
been made by the Secretary of State.
(4)
Anything else done by the Authority under gas meter legislation which has
effect immediately before commencement has effect on and after
15
commencement as if it had been done by the Secretary of State.
(5)
In this section—
“commencement” means the day on which this section comes into force;
“gas meter legislation” means—
(a)
section 17 of the Gas Act 1986, and
20
(b)
gas meter regulations;
“gas meter regulations” means—
(a)
the Measuring Instruments (EEC Requirements) Regulations
1988 (S.I. 1988/186);
(b)
the Measuring Instruments (EEC Requirements) (Gas Volume
25
Meters) Regulations 1988 (S.I. 1988/296);
(c)
the Measuring Instruments (Non-Prescribed Instruments)
Regulations 2006 (S.I. 2006/1270);
(d)
the Measuring Instruments (Gas Meters) Regulations 2006 (S.I.
2006/2647);
30
(e)
any regulations made, or treated as made, under section 17 of
the Gas Act 1986.
80
Section 79: consequential amendments
(1)
Section 17 of the Gas Act 1986 is amended as follows.
(2)
In subsection (2) for the words “a member of the Director’s staff” (which, by
35
virtue of section 3(2) of the Utilities Act 2000, are treated as a reference to a
member of the staff of the Gas and Electricity Markets Authority) substitute
“employed in the civil service of the State”.
(3)
In subsections (7), (8) and (10) for the words “members of the Director’s staff”
(which, by virtue of section 3(2) of the Utilities Act 2000, are treated as
40
references to members of the Authority’s staff) substitute “employed in the
civil service of the State”.

Energy Bill
Part 5 — Miscellaneous
71

(4)
After subsection (7) insert—
“(7A)
The Secretary of State may pay, out of money provided by Parliament,
to meter examiners who are not employed in the civil service of the
State or to any employer of such examiners—
(a)
sums in connection with the performance by such examiners of
5
functions conferred by or under this section or gas meter
regulations (within the meaning of section 79 of the Energy Act
2008), and
(b)
sums in respect of any pension payable to or in respect of such
examiners.”
10
(5)
In subsection (9) omit “with the consent of the Secretary of State”.
81
Power to amend licence conditions: gas
(1)
The Secretary of State may modify—
(a)
the conditions of a particular licence under section 7 of the Gas Act 1986
(c. 44);
15
(b)
the standard conditions incorporated in licences under that section by virtue
of section 8 of that Act.
(2)
The Secretary of State may exercise the power in subsection (1) for the purpose only of
enabling the Gas and Electricity Markets Authority (“the Authority”) to recover and
pay into the Consolidated Fund amounts in respect of—
20
(a)
payments made by the Secretary of State by virtue of section 17(7) or (7A) of
the Gas Act 1986;
(b)
other costs incurred by the Secretary of State in performing a function
conferred by section 17 of the Gas Act 1986 or by gas meter regulations (within
the meaning of section 79).
25
(3)
The power in subsection (1) includes a power to make incidental,
consequential or transitional modifications.
(4)
Before making a modification under this section the Secretary of State must
consult—
(a)
the holder of any licence being modified,
30
(b)
the Authority, and
(c)
such other persons as the Secretary of State considers appropriate.
(5)
Subsection (4) may be satisfied by consultation before, as well as by
consultation after, the time when this section comes into force.
(6)
The Secretary of State must publish modifications under this section.
35
(7)
A modification under subsection (1)(a) of part of a standard condition of a
licence does not prevent 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.
(8)
Where the Secretary of State modifies the standard conditions under
subsection (1)(b), the Authority must—
40
(a)
make the same modifications of those standard conditions for the
purposes of their incorporation in licences granted after that time, and
(b)
publish the modifications.

Energy Bill
Part 5 — Miscellaneous
72

(9)
The power under subsection (1) may not be exercised after the end of the
period of 6 months beginning with the day on which that subsection comes
into force.
Electricity meters
82
Electricity meters
5
(1)
The functions of the Gas and Electricity Markets Authority (“the Authority”)
under electricity meter legislation are transferred to the Secretary of State.
(2)
References in electricity meter legislation to the Authority (including
references in that legislation which, by virtue of section 3(2) of the Utilities Act
2000 (c. 27), are treated as references to the Authority) are to be treated, so far
10
as necessary for the purposes or in consequence of the transfer, as if they were
references to the Secretary of State.
(3)
Regulations made, or treated as made, by the Authority under Schedule 7
(other than paragraph 12 of that Schedule) to the Electricity Act 1989 (c. 29)
(electricity meters) and in force immediately before commencement have effect
15
on and after commencement as if they had been made by the Secretary of State.
(4)
Anything else done by the Authority under electricity meter legislation which
has effect immediately before commencement is treated on and after
commencement as if it had been done by the Secretary of State.
(5)
In this section—
20
“commencement” means the day on which this section comes into force;
“electricity meter legislation” means—
(a)
Schedule 7 (other than paragraph 12 of that Schedule) to the
Electricity Act 1989, and
(b)
electricity meter regulations;
25
“electricity meter regulations” means—
(a)
the Measuring Instruments (EC Requirements) (Electrical
Energy Meters) Regulations 1995 (S.I. 1995/2607);
(b)
the Electromagnetic Compatibility Regulations 2006 (S.I. 2006/
3418);
30
(c)
the Measuring Instruments (Active Electrical Energy Meters)
Regulations 2006 (S.I. 2006/1679);
(d)
any regulations made under Schedule 7 (other than paragraph
12 of that Schedule) to the Electricity Act 1989.
83
Section 82: consequential amendments
35
(1)
The Electricity Act 1989 is amended as follows.
(2)
In section 106 (regulations and orders), in subsection (1) after “conferred by”
insert “section 23,”.
(3)
In paragraph 1 of Schedule 7 (consumption to be monitored by appropriate
meters)—
40
(a)
for sub-paragraph (7) substitute—
    “(7)
In relation to a dispute arising under this paragraph between
an electricity supplier and a customer, section 23 of this Act

Energy Bill
Part 5 — Miscellaneous
73

applies with the substitution, for references to the Authority
(and references treated as references to the Authority) of
references to the Secretary of State.”, and
(b)
in sub-paragraphs (8) and (9), after “section 23 of this Act” insert “(as
modified by sub-paragraph (7))”.
5
(4)
In paragraph 4 of that Schedule (appointment of meter examiners)—
(a)
in sub-paragraph (2) after “examiners” insert “employed in the civil
service of the State”,
(b)
after that sub-paragraph insert—
   “(2A)
The Secretary of State may pay, out of money provided by
10
Parliament, to meter examiners who are not employed in the
civil service of the State or to any employer of such
examiners—
(a)
sums in connection with the performance by such
examiners of functions conferred by or under this
15
Schedule or electricity meter regulations (within the
meaning of section 82 of the Energy Act 2008), and
(b)
sums in respect of any pension payable to or in
respect of such examiners.”, and
(c)
in sub-paragraph (3) after “examiners” insert “employed in the civil
20
service of the State”.
(5)
In paragraph 5 of that Schedule (certification of meters), in sub-paragraph
(4)(b) after “paid” (in the first place) insert “to meter examiners employed in the
civil service of the State”.
(6)
In paragraph 6 of that Schedule (apparatus for testing etc of meters), in sub-
25
paragraph (2) for “their functions under” substitute “functions conferred by or
under”.
(7)
In paragraph 7 of that Schedule (testing etc of meters)—
(a)
in sub-paragraph (1) after “examiner” insert “employed in the civil
service of the State”, and
30
(b)
in sub-paragraph (3) after “paid” (in the first place) insert “to meter
examiners employed in the civil service of the State”.
(8)
For paragraph 10 of that Schedule (meters to be kept in proper order), for sub-
paragraph (2A) substitute—
   “(2A)
In relation to a dispute arising under this paragraph between an
35
electricity supplier and a customer, section 23 of this Act applies,
with the substitution for references to the Authority (and references
treated as references to the Authority) of references to the Secretary
of State.”
(9)
In paragraph 13 of that Schedule (interpretation) for the definition of
40
“regulations” substitute—
““regulations” means—
(a)
in paragraph 12, regulations made by the Authority
with the consent of the Secretary of State, and
(b)
in every other case, regulations made by the Secretary of
45
State.”