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84 | Power to amend licence conditions: electricity |
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(1) | The Secretary of State may modify— |
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(a) | a condition of a particular licence under section 6(1)(b) or (c) of the Electricity |
| |
Act 1989 (c. 29) (transmission and distribution licences); |
| |
(b) | the standard conditions incorporated in licences under those provisions by |
| 5 |
virtue of section 8A of that Act. |
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(2) | The Secretary of State may exercise the power in subsection (1) for the purpose only of |
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enabling the Gas and Electricity Markets Authority (“the Authority”) to recover and |
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pay into the Consolidated Fund amounts in respect of— |
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(a) | payments made by the Secretary of State by virtue of paragraph 4(2) or (2A) of |
| 10 |
Schedule 7 to the Electricity Act 1989 (payments relating to meter examiners); |
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(b) | other costs incurred by the Secretary of State in performing a function |
| |
conferred by Schedule 7 to the Electricity Act 1989 or by electricity meter |
| |
regulations (within the meaning of section 82). |
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(3) | The power in subsection (1) includes a power to make incidental, |
| 15 |
consequential or transitional modifications. |
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(4) | Before making a modification under this section the Secretary of State must |
| |
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(a) | the holder of any licence being modified, |
| |
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(c) | such other persons as the Secretary of State considers appropriate. |
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(5) | Subsection (4) may be satisfied by consultation before, as well as by |
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consultation after, the time when this section comes into force. |
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(6) | The Secretary of State must publish modifications under this section. |
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(7) | A modification under subsection (1)(a) of part of a standard condition of a |
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licence does not prevent any other part of the condition from continuing to be |
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regarded as a standard condition for the purposes of Part 1 of the Electricity |
| |
| |
(8) | Where the Secretary of State modifies the standard conditions of licences of any |
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type under subsection (1)(b), the Authority must— |
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(a) | make the same modifications of those standard conditions for the |
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purposes of their incorporation in licences of that type granted after |
| |
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(b) | publish the modifications. |
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(9) | The power under subsection (1) may not be exercised after the end of the |
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period of 6 months beginning with the day on which that subsection comes |
| |
| |
| |
| |
(1) | Part 1 of the Health and Safety at Work etc. Act 1974 (c. 37) has effect as if |
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section 29 of the Electricity Act 1989 (security of supply, safety and |
| |
inspections), and regulations made under that section, in so far as they relate |
| |
to the protection of the public from dangers relating to electricity and to |
| |
| |
| |
|
| |
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eliminating or reducing the risks of personal injury, were existing statutory |
| |
provisions within the meaning of that Part. |
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(2) | Without prejudice to the generality of section 15(1) of the 1974 Act (health and |
| |
safety regulations), regulations under that section may— |
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(a) | repeal or modify a provision mentioned in subsection (1), |
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(b) | make any provision which, but for a repeal or modification under |
| |
paragraph (a), could be made by regulations made under section 29 of |
| |
the Electricity Act 1989 (c. 29). |
| |
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86 | Security of sensitive nuclear information |
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In Part 8 of the Anti-terrorism, Crime and Security Act 2001 (c. 24), after section |
| |
80 (prohibition on disclosure of uranium enrichment information) insert— |
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“80A | Extension of Official Secrets Acts to certain places |
| |
(1) | A place to which subsection (2) applies is deemed to be a place |
| |
belonging to or used for the purposes of Her Majesty for the purposes |
| 15 |
of section 3(c) of the Official Secrets Act 1911 (c. 28) (power of Secretary |
| |
of State to declare a place belonging to or used for the purposes of Her |
| |
Majesty a prohibited place). |
| |
(2) | This subsection applies to a place if— |
| |
(a) | equipment or software which is designed or adapted for use in, |
| 20 |
or in connection with, the enrichment of uranium (or which is |
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not so designed or adapted but is likely to be of exceptional use |
| |
in that connection) is held at the place, or |
| |
(b) | information relating to, or capable of use in connection with, the |
| |
enrichment of uranium is held at the place. |
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“enrichment of uranium” means a treatment of uranium which |
| |
increases the proportion of isotope 235 contained in the |
| |
| |
“equipment” includes equipment which has not yet been |
| 30 |
assembled and a component of equipment.” |
| |
| |
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87 | Offences by bodies corporate etc |
| |
(1) | Where an offence is committed by a body corporate and is proved to have been |
| 35 |
committed with the consent or connivance of, or to be attributable to neglect on |
| |
the part of an officer of the body corporate, that officer (as well as the body |
| |
corporate) is guilty of the offence and is liable to be proceeded against and |
| |
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(2) | Where the affairs of a body corporate are managed by its members, subsection |
| 40 |
(1) applies in relation to the acts and defaults of a member in connection with |
| |
| |
| |
|
| |
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the member’s functions of management as it applies to an officer of the body |
| |
| |
| |
(a) | is committed by a Scottish firm, and |
| |
(b) | is proved to have been committed with the consent or connivance of, or |
| 5 |
to be attributable to any neglect on the part of, a partner of the firm, |
| |
| the partner (as well as the firm) is guilty of the offence and liable to be |
| |
proceeded with and dealt with accordingly. |
| |
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“offence” means an offence under this Act; |
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“officer”, in relation to a body corporate, mean— |
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(a) | any director, secretary or other similar officer of the body |
| |
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(b) | any person who was purporting to act in any such capacity. |
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88 | Subordinate legislation |
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(1) | Orders and regulations made by the Secretary of State under this Act are to be |
| |
made by statutory instrument. |
| |
(2) | An instrument to which this subsection applies may— |
| |
(a) | provide for a person to exercise a discretion in dealing with any matter; |
| |
(b) | include incidental, supplementary and consequential provision; |
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(c) | make transitory or transitional provisions or savings; |
| |
(d) | make provision generally, only in relation to specified cases or subject |
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to exceptions (including provision for a case to be excepted only so long |
| |
as conditions specified in the instrument are satisfied); |
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(e) | make different provision for different cases or circumstances or for |
| 25 |
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(3) | Subsection (2) applies to— |
| |
(a) | an Order in Council under this Act, |
| |
(b) | an order or regulations made by the Secretary of State under this Act |
| |
(other than an order which contains provision made under section 94 |
| 30 |
| |
(4) | The provision which may be made by virtue of subsection (2)(b) or (c) includes |
| |
provision modifying any provision made by or under an Act (whenever |
| |
| |
89 | Parliamentary control of subordinate legislation |
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(1) | A statutory instrument containing an Order in Council, order or regulations |
| |
under this Act is subject to annulment in pursuance of a resolution of either |
| |
| |
(2) | Subsection (1) does not apply to— |
| |
(a) | an order which contains (whether alone or together with other |
| 40 |
provision) provision made under— |
| |
(i) | section 41(6)(a) (power to specify matters as designated |
| |
| |
| |
| |
|
| |
| |
(ii) | section 58(1) (power to apply Chapter 1 of Part 3 to other |
| |
| |
(b) | an order, regulations or Order in Council which contains (whether |
| |
alone or together with other provision) provision which, by virtue of |
| |
section 88(4), 91(2)(a) or 93(2)(a) modifies an Act; |
| 5 |
(c) | an order which contains provision made under section 94 |
| |
(commencement orders) only. |
| |
(3) | No order, regulations or recommendation to make an Order in Council, within |
| |
subsection (2)(a) or (b), may be made unless a draft of the order, regulations or |
| |
Order in Council has been laid before, and approved by a resolution of, each |
| 10 |
| |
| |
| |
“functions” includes powers and duties; |
| |
“modify” includes amend, add to, revoke or repeal (and references to |
| 15 |
“modifications” are to be construed accordingly); |
| |
“territorial sea” means the territorial sea adjacent to the United Kingdom. |
| |
91 | Minor and consequential amendments |
| |
(1) | Schedule 4 contains minor and consequential amendments. |
| |
(2) | The Secretary of State may by order make such modifications of— |
| 20 |
(a) | an Act passed before or in the same session as this Act, or |
| |
(b) | an instrument made before the passing of this Act or in the session in |
| |
which this Act is passed, |
| |
| as the Secretary of State considers appropriate in consequence of this Act. |
| |
| 25 |
Schedule 5 contains repeals (including repeals of spent provisions). |
| |
93 | Transitional provision etc |
| |
(1) | The Secretary of State may by order make any transitional, transitory or saving |
| |
provision which appears appropriate in consequence of, or otherwise in |
| |
connection with, this Act. |
| 30 |
(2) | The provision which may be made by virtue of subsection (1) includes |
| |
provision modifying any provision made by— |
| |
(a) | an Act passed before or in the same session as this Act, or |
| |
(b) | an instrument made before the passing of this Act or in the session in |
| |
which this Act is passed. |
| 35 |
(3) | Provision made under this section is additional, and without prejudice, to that |
| |
made by or under any other provision of this Act. |
| |
| |
(1) | This section and sections 96 and 97 come into force on the day on which this |
| |
| 40 |
| |
| |
|
| |
| |
(2) | Subject to that, the provisions of this Act come into force on such day as may |
| |
be appointed by order of the Secretary of State. |
| |
(3) | Section 36 (the renewables obligation) may not be brought into force in relation |
| |
to Scotland until an Order in Council has been made under section 63 of the |
| |
Scotland Act 1998 (c. 46) (power to transfer functions) providing for the |
| 5 |
Scottish functions to be exercisable by the Scottish Ministers instead of by the |
| |
| |
(4) | For the purposes of section 63 of the Scotland Act 1998 the Scottish functions |
| |
are to be regarded as exercisable by the Secretary of State in or as regards |
| |
Scotland despite the fact that section 36 has not yet been brought into force in |
| 10 |
| |
(5) | In subsections (3) and (4) “the Scottish functions” means the Secretary of State’s |
| |
functions under sections 32 to 32M of the Electricity Act 1989 (c. 29) (as |
| |
substituted by section 36) so far as those functions are exercisable in or as |
| |
| 15 |
(6) | An order under this section may— |
| |
(a) | include incidental, supplementary and consequential provision; |
| |
(b) | make transitory or transitional provisions or savings; |
| |
(c) | make different provision for different cases or circumstances or for |
| |
| 20 |
| |
The following are to be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred by the Secretary of State by virtue of this Act; |
| |
(b) | any expenditure incurred by the Gas and Electricity Markets Authority by |
| |
| 25 |
(c) | any increase attributable to this Act in the sums payable out of money so |
| |
provided under any other enactment. |
| |
| |
(1) | Subject to subsections (2) to (5), this Act extends to England and Wales, |
| |
Scotland and Northern Ireland. |
| 30 |
(2) | The following provisions extend to England and Wales and Scotland only— |
| |
(a) | section 37 (renewables obligation: supplementary provision); |
| |
(b) | section 75 to 77 (third party access to oil processing facilities); |
| |
(c) | sections 79 to 84 (gas and electricity meters); |
| |
(d) | section 85 (electricity safety). |
| 35 |
(3) | Chapter 1 of Part 3 (other than section 61) extends to England and Wales and |
| |
| |
(4) | Section 39(2) to (4) (the Northern Ireland renewables obligation) extend to |
| |
| |
(5) | An amendment or repeal contained in this Act has the same extent as the |
| 40 |
enactment or relevant part of the enactment to which the amendment or repeal |
| |
| |
| |
| |
|
