(1) In section 38A(4)(i), “enforcement provision” means—
(a) provision for the enforcement in civil proceedings of requirements under the scheme,
(b) provision for a person to impose a monetary penalty where the person is satisfied on the balance of probabilities that—
(i) a requirement under the regulations has not been complied with, or
(ii) benefits or other payments under the scheme have been wrongfully obtained, or
(c) provision for complaints procedures, dispute resolution, adjudication, appeals or redress in connection with the scheme.
(2) If regulations under section 38A provide for the imposition of monetary penalties, they must provide a right of appeal to a court or tribunal on grounds including both error of fact and error of law.
(3) The provision that may be made by virtue of subsection (1)(c) includes provision for Part 2 of the Consumers, Estate Agents and Redress Act 2007 (complaints handling and redress schemes) to apply (with or without modifications) to end-user complaints as it applies to consumer complaints within the meaning of that Part.
(4) In subsection (3), “end-user complaints” means complaints in connection with pass-through provision made by end-users against intermediaries or electricity suppliers (with the definitions in section 38B applying for the purposes of this subsection).
38D Disclosure and use of information in connection with benefit scheme
(1) In section 38A(4)(j), “information provision” means provision within subsection (2) or (3).
(2) Provision is within this subsection if it is provision for the disclosure of information or evidence for the purposes of—
(a) identifying persons entitled to benefits under the scheme,
(b) identifying qualifying premises or qualifying works,
(c) checking whether requirements under, or resulting from, the regulations are being or have been complied with,
(d) checking payments made under the scheme,
(e) facilitating the performance of functions conferred, or the enforcement of duties imposed, by or as a result of the regulations, or
(f) evaluating the performance of the scheme.
(3) Provision is within this subsection if it is provision about the use or further disclosure of information disclosed—
(a) further to provision within subsection (2), or
(b) otherwise in connection with the scheme.
(4) The provision that may be made by virtue of subsection (3) includes provision making it an offence to use or disclose information in an unauthorised manner; but such an offence may not be made punishable by imprisonment.
(5) Regulations under section 38A that authorise the use or disclosure of information are not to be taken to authorise disclosure or use that would be liable to harm the commercial interests of any person, except to the extent that—
(a) the regulations otherwise provide, or
(b) the person disclosing or using the information reasonably considers such disclosure or use necessary in view of the purpose of the regulations.
(6) Regulations under section 38A do not require or authorise the disclosure or use of information that—
(a) contravenes the data protection legislation (but this section and the regulations are to be taken into account in determining whether the disclosure or use would contravene that legislation), or
(b) is prohibited by any of Parts 1 to 7 and Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(7) In subsection (6), “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
39 Electricity supply: performance in individual cases.
(1) The Authority may, with the consent of the Secretary of State, make regulations prescribing such standards of performance in connection with the activities of electricity suppliers, so far as affecting customers or potential customers of theirs, as in the Authority’s opinion ought to be achieved in individual cases.
(2) Regulations under this section may—
(a) prescribe circumstances in which electricity suppliers are to inform persons of their rights under this section or their rights under section 39A;
(b) prescribe such standards of Performance in relation to any duty arising under paragraph (a) above as, in the Director’s opinion, ought to be achieved in all cases; and
(c) prescribe circumstances in which electricity suppliers are to be exempted from any requirements of the regulations or this section,
and, if the Authority is of the opinion that the differences are such that no electricity supplier would be unduly disadvantaged in competing with other electricity suppliers, may make different provision for different electricity suppliers.
(3) If an electricity supplier fails to meet a prescribed standard, he shall make to any person who is affected by the failure and is of a prescribed description such compensation as may be determined by or under the regulations.
(4) The making of compensation under this section in respect of any failure by an electricity supplier to meet a prescribed standard shall not prejudice any other remedy which may be available in respect of the act or omission which constituted that failure.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In this section “prescribed” means prescribed by regulations under this section.
39A Standards of performance in individual cases: electricity distributors.
(1) The Authority may with the consent of the Secretary of State make regulations prescribing such standards of performance in connection with the activities of electricity distributors, so far as affecting customers or potential customers of electricity suppliers, as in the Authority’s opinion ought to be achieved in individual cases.
(2) If an electricity distributor fails to meet a prescribed standard, he shall make to any person who is affected by the failure and is of a prescribed description such compensation as may be determined by or under the regulations.
(3) The regulations may—
(a) prescribe circumstances in which electricity distributors are to inform customers or potential customers of electricity suppliers of their rights under this section;
(b) prescribe such standards of performance in relation to any duty arising under paragraph (a) as, in the Authority’s opinion, ought to be achieved in all cases;
(c) make provision as to the manner in which compensation under this section is to be made;
(d) prescribe circumstances in which electricity distributors are to be exempted from any requirements of the regulations or this section; and
(e) if the Authority is of the opinion that the differences are such that no electricity distributor would be unduly disadvantaged in competing with other electricity distributors, make different provision with respect to different electricity distributors.
(4) Provision made under subsection (3)(c) may—
(a) require or permit compensation to be made on behalf of electricity distributors by electricity suppliers to customers or potential customers; and
(b) require electricity suppliers to provide services to electricity distributors in connection with the making of compensation under this section.
(5) The making of compensation under this section in respect of any failure to meet a prescribed standard shall not prejudice any other remedy which may be available in respect of the act or omission which constituted that failure.
(6) In this section “prescribed” means prescribed by regulations under this section.
39B Standards of performance in individual cases: disputes.
(1) Any dispute arising under section 39 or 39A or regulations made under either of those sections—
(a) may be referred to Authority—
(i) by either party, or
(ii) with the consent of either party, by Citizens Advice, Citizens Advice Scotland or Consumer Scotland or those bodies or any two of them acting jointly; and
(b) on such a reference, shall be determined by order made by the Authority or, if it thinks fit, by such person (other than Citizens Advice , Citizens Advice Scotland or Consumer Scotland) as may be prescribed.
(2) A person making an order under subsection (1) shall include in the order his reasons for reaching his decision with respect to the dispute.
(3) The practice and procedure to be followed in connection with any such determination shall be such as may be prescribed.
(4) An order under subsection (1) shall be final and shall be enforceable—
(a) in England and Wales, as if it were a judgment of the county court; and
(b) in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.
(5) In this section “prescribed” means prescribed by regulations made by the Authority with the consent of the Secretary of State.
(1) The Director may, . . . from time to time—
(a) determine such standards of overall performance in connection with the provision of electricity supply services as, in his opinion, ought to be achieved by electricity suppliers; and
(b) arrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Different standards may be determined under this section for different electricity suppliers if the Authority is of the opinion that the differences are such that no electricity supplier would be unduly disadvantaged in competing with other electricity suppliers.
(3) It shall be the duty of every electricity supplier to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this section.
40A Overall standards of performance: electricity distributors.
(1) The Authority may from time to time—
(a) determine such standards of overall performance in connection with the activities of electricity distributors as, in its opinion, ought to be achieved by them; and
(b) arrange for the publication, in such form and in such manner as it considers appropriate, of the standards so determined.
(2) Different standards may be determined for different electricity distributors if the Authority is of the opinion that the differences are such that no electricity distributor would be unduly disadvantaged in competing with other electricity distributors.
(3) It shall be the duty of every electricity distributor to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this section.
40B Procedures for prescribing or determining standards of performance.
(1) Before prescribing standards of performance in regulations under section 39 or 39A, or determining standards of performance under section 40 or 40A, the Authority shall—
(a) arrange for such research as the Authority considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and consider the results;
(b) publish a notice of its proposals in accordance with subsections (2) and (3) and consider any representations which are duly made in respect of those proposals; and
(c) consult Citizens Advice and Consumer Scotland and other persons or bodies mentioned in subsection (4).
(2) The notice required by subsection (1)(b) is a notice—
(a) stating that the Authority proposes to prescribe or determine standards of performance and setting out the standards of performance proposed;
(b) stating the reasons why it proposes to prescribe or determine those standards of performance; and
(c) specifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposals may be made.
(3) A notice required by subsection (1)(b) shall be published in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of those likely to be affected by the proposals.
(4) The persons or bodies to be consulted by the Authority under subsection (1)(c) are—
(a) electricity suppliers (in the case of standards of performance under section 39 or 40) or electricity distributors and electricity suppliers (in the case of standards of performance under section 39A or 40A); and
(b) persons or bodies appearing to the Authority to be representative of persons likely to be affected by the regulations or determination.
(5) The Authority shall make arrangements for securing that notices under subsection (1)(b), regulations under section 39 or 39A and determinations under section 40 or 40A are made available to the public by whatever means it considers appropriate.
41A Promotion of reductions in carbon emissions: ... electricity distributors and electricity suppliers
(1) The Secretary of State may by order impose—
(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) on each electricity distributor (or each electricity distributor of a specified description); and
(b) on each electricity supplier (or each electricity supplier of a specified description),
an obligation to achieve, within a specified period and in accordance with the order, the carbon emissions reduction target to be determined by the Administrator under the order for that ... distributor or supplier (and that obligation is referred to in this section as a “carbon emissions reduction obligation”).
(1A) The power to make orders under this section may be exercised so as to impose more than one carbon emissions reduction obligation on a person in relation to the same period or to periods that overlap to any extent.
(2) In this section “carbon emissions reduction target” means a target for the promotion of any of the following—
(a) measures for improving energy efficiency, that is to say, efficiency in the use by consumers of electricity, gas conveyed through pipes or any other source of energy which is specified in the order;
(b) if the order so provides—
(i) measures for increasing the amount of electricity generated, or heat produced, by microgeneration;
(ii) any other measures of a description specified in the order for increasing the amount of electricity generated, or heat produced, using low-emissions sources or technologies;
(iii) measures for reducing the consumption of such energy as is mentioned in paragraph (a).
(2A) In this section “the Administrator” means—
(a) the Authority; or
(b) if the order so provides, the Secretary of State or a specified body other than the Authority.
(3) An order under this section may specify criteria by reference to which the Administrator is to determine carbon emissions reduction targets for the ... electricity distributors or electricity suppliers on whom obligations are imposed by the order.
(4) The Secretary of State and (subject to any directions given under subsection (9B)) the Administrator shall carry out their respective functions under this section in the manner he or it considers is best calculated to ensure that —
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) no electricity distributor is unduly disadvantaged in competing with other electricity distributors, and
(c) no electricity supplier is unduly disadvantaged in competing with other electricity suppliers.
(5) The order may make provision generally in relation to the carbon emissions reduction obligations which it imposes, including in particular provision—
(a) as to the treatment of persons who become ... electricity distributors or electricity suppliers after the beginning of the period to which the order relates;
(b) as to the action which qualifies for the purpose of meeting the whole or any part of a carbon emissions reduction target;
(ba) requiring part of a carbon emissions reduction target to be met by action of a specified description;
(bb) requiring the whole or any part of a carbon emissions reduction target to be met by action relating to—
(i) individuals of a specified description,
(ii) property of a specified description,
(iii) specified areas or areas of a specified description, or
(iv) individuals or property of a specified description in specified areas or areas of a specified description;
(bc) enabling the Administrator to direct a distributor or supplier to meet part of a carbon emissions reduction target by action relating to an individual named in the direction;
(bd) preventing action from qualifying for the purpose of meeting the whole or any part of a carbon emissions reduction target unless such persons as are specified in, or determined in accordance with, the order—
(i) have been consulted about the action;
(ii) have consented to the action;
(be) requiring action which qualifies for the purpose of meeting both a carbon emissions reduction target and a home-heating cost reduction target to be treated as qualifying only for the purpose of meeting such one of those targets as the distributor or supplier concerned elects;
(c) determining, or specifying the method for determining, the contribution that any action makes towards meeting a carbon emissions reduction target;
(d) requiring ... distributors and suppliers to give to the Administrator specified information, or information of a specified nature, about their proposals for complying with their carbon emissions reduction obligations;
(e) requiring the Administrator to determine—
(i) whether any proposed action qualifies for the purpose of achieving the whole or any part of a person’s carbon emissions reduction target; and
(ii) if so, what contribution the proposed action (or any result of that action specified in the determination) is to make towards achieving the carbon emissions reduction target;
(f) requiring ... distributors or suppliers to produce to the Administrator evidence of a specified kind demonstrating that they have complied with their carbon emissions reduction obligations; and
(g) requiring the Administrator or a specified body to offer services of a specified kind and authorising a specified fee to be charged to those who take up the offer.
(5A) If the order makes provision by virtue of subsection (5)(bc) enabling the Administrator to direct a distributor or supplier to meet part of a carbon emissions reduction target by action relating to an individual named in the direction the order may also make provision—
(a) authorising the Administrator to require specified persons to provide it with information for the purpose of enabling it to identify and select individuals who are to be the subject of a direction;
(b) specifying criteria in accordance with which the Administrator is to select individuals who are to be the subject of a direction;
(c) determining, or specifying the method for determining, which distributor or supplier is to be given a direction in relation to any particular individual selected in accordance with provision made under paragraph (b);
(d) authorising the Administrator, if it gives a direction to a distributor or supplier, to provide the distributor or supplier with information relating to the individual concerned for the purpose of assisting the distributor or supplier to comply with the direction;
(e) as to the times at which a direction may be given;
(f) as to the circumstances in which a direction need not be complied with.
(5B) Provision made by virtue of subsection (5)(c) may in particular provide for an action to be treated as making a greater contribution than it would otherwise do if the action relates to—
(a) an individual of a specified description,
(b) a property of a specified description, or
(c) both an individual of a specified description and a property of a specified description.
(6) The order may make provision authorising the the Administrator to require a ... distributor or supplier to provide it with specified information, or information of a specified nature, relating to—
(a) his proposals for complying with his carbon emissions reduction obligation; or
(b) the question whether he has complied with that obligation.
(7) The order may make provision as to circumstances in which—
(a) a person’s carbon emissions reduction target may be altered during the period to which the order relates;
(b) the whole or any part of a person’s carbon emissions reduction target may be treated as having been achieved by action taken otherwise than by or on behalf of that person;
(c) any action taken before the period to which the order relates may be treated as qualifying action taken during that period;
(d) the whole or any part of a person’s carbon emissions reduction target may be transferred to another ... electricity distributor or electricity supplier or to a gas transporter or gas supplier (within the meaning of Part I of the Gas Act 1986); or
(e) a person may carry forward the whole or any part of his carbon emissions reduction target for the period to which the order relates to a subsequent period.
(7A) The order may—
(a) make provision for any specified requirement contained in it to be treated as a relevant requirement for the purposes of this Part; or
(b) if it provides for the Administrator to be a person other than the Authority, make provision for and in connection with enabling the Administrator to enforce any requirement imposed by the order.
(7B) Provision made by virtue of paragraph (b) of subsection (7A) may, in particular, include provision corresponding to or applying (with or without modifications) any of sections 25 to 28.
(7C) The order may make provision as to circumstances in which a distributor or supplier may meet the whole or any part of a carbon emissions reduction target by making a buy-out payment.
(7D) In this section, “buy-out payment” means a payment—
(a) of an amount (“the buy-out price”) determined by the Secretary of State,
(b) to a person approved by the Administrator (an “approved person”),
(c) for a purpose approved by the Administrator (an “approved purpose”).
(7E) Provision made by virtue of subsection (7C) may include provision about the determination by the Secretary of State of the buy-out price, including provision—
(a) enabling the Secretary of State to set different buy-out prices—
(i) for different parts of the period to which the order relates;
(ii) for different cases (including different buy-out prices for different distributors or suppliers);
(b) requiring the Secretary of State to publish the buy-out price.
(7F) If the order makes provision by virtue of subsection (7C), the order may also make provision—
(a) as to the procedure to be followed by the Administrator in approving a person as an approved person or a purpose as an approved purpose;
(b) specifying criteria by reference to which the Administrator is to determine whether to approve a person or purpose.
(7G) Provision made by virtue of subsection (7C) may include further provision about buy-out payments, including in particular provision—
(a) as to the procedure to be followed by a distributor or supplier who proposes to make a buy-out payment, including provision—
(i) requiring a distributor or supplier to notify the Administrator of specified matters by a specified time;
(ii) as to circumstances in which a distributor or supplier must make the buy-out payment to which notification given to the Administrator relates;
(iii) about the process for seeking approval of a person as an approved person, or of a purpose as an approved purpose;
(b) preventing a distributor or supplier from treating a buy-out payment as a payment pursuant to any other obligation (whether statutory or contractual), or vice versa;
(c) setting out circumstances in which a requirement imposed on a distributor or supplier by provision made by virtue of subsection (5)(ba) or (bb) may be—
(i) met, in whole or in part, by the making of a buy-out payment;
(ii) varied as a result of a buy-out payment;
(d) about the effect of provision included in the order by virtue of subsection (7)(c) to (e) on a person’s ability to meet the whole or any part of a carbon emissions reduction target by making a buy-out payment.
(7H) Where an order includes provision for the making of a buy-out payment, the references in subsections (5)(be) and (7)(b) to action include a reference to the making of a buy-out payment.
(8) The order may—
(a) provide for exceptions from any requirement of the order;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) make supplementary, incidental and transitional provision; and
(d) subject to subsection (4), make different provision for different cases (including different provision in relation to different ... distributors or suppliers).
(9) The order may include provision for treating the promotion of the supply to premises of—
(a) electricity generated by a generating station which is operated for the purposes of producing heat, or a cooling effect, in association with electricity;
(b) heat produced in association with electricity or steam produced from (or air or water heated by) such heat;
(c) any gas or liquid subjected to a cooling effect produced in association with electricity,
as promotion of energy efficiency.
(9A) The order may make provision requiring the Administrator to give guidance to distributors or suppliers concerning such matters relating to the order as are specified.
(9B) The Administrator shall carry out its functions under this section in accordance with any general or specific directions given to it by the Secretary of State.
(10) No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.
(10A) The Secretary of State must obtain the consent of the Scottish Ministers before making an order under this section which contains provision that—
(a) is included by virtue of subsection (2)(b),
(b) extends to Scotland, and
(c) would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.
(11) Before making an order under this section the Secretary of State shall consult the Authority, Citizens Advice, Consumer Scotland, ... electricity distributors and electricity suppliers and such other persons as he considers appropriate.
(12) An order under this section shall not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
(12A) Subsection (12) does not apply to an order under this section made only for the purpose of amending an earlier order under this section so as to alter the provision included in the earlier order by virtue of any of paragraphs (b), (ba) or (c) of subsection (5). But such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(12B) If an order under this section provides for the Administrator to be a body other than the Authority, the Secretary of State may make payments to the body of such amounts as the Secretary of State considers appropriate.
(13) In this section—
“home-heating cost reduction target” has the meaning given by section 41B(2)(a);
“microgeneration” has the same meaning as in the Climate Change and Sustainable Energy Act 2006;
“plant” includes any equipment, apparatus or appliance.
“specified” means specified in the order.
(14) For the purposes of subsection (2)(b)(ii), electricity is generated, or heat is produced, using low-emissions sources or technologies if it is generated, or produced, by plant which relies wholly or mainly on a source of energy or a technology mentioned in section 26(2) of the Climate Change and Sustainable Energy Act 2006.
41AA Scottish Ministers' promotion of reductions in carbon emissions: electricity suppliers
(1) Where the Secretary of State under section 41A imposes on electricity suppliers obligations to achieve a target within a specified period, the power to make orders under that section is exercisable by the Scottish Ministers for the purposes of those obligations imposed in relation to Scotland and not, except as provided by subsections (9) and (10), by the Secretary of State.
(2) An obligation is imposed in relation to Scotland to the extent that measures to meet that obligation may be carried out in Scotland (disregarding any power to elect under section 103 of the Utilities Act 2000).
(3) For the purposes of the exercise by the Scottish Ministers of the power to make an order under section 41A, that section applies with the following modifications—
(a) for subsection (1) there is substituted a power by order to specify how electricity suppliers may meet their obligations to achieve the carbon emissions reduction target through measures carried out in Scotland;
(b) subsections (1A), (3), (5)(a), (7)(a) , (7C), (7E) and (10A) are omitted;
(c) in subsection (2A) at the beginning of paragraph (b) there is inserted “where the Secretary of State has apportioned the overall carbon emissions reduction target under section 103(2A) of the Utilities Act 2000, and”;
(ca) in subsection (7F), for “order makes” is substituted “Secretary of State has made”;
(cb) in subsection (7G), for “(7C)” is substituted “(7F)”;
(cc) in subsection (7H), for “an order includes” is substituted “the Secretary of State has made”;
(d) in subsection (11) “Citizens Advice” and “electricity distributors” are omitted;
(e) in subsection (12), for the words from “shall not be made” to the end is substituted “ is subject to the affirmative procedure ”;
(f) in subsection (12A) for the words from “shall be subject to” to the end is substituted “ is subject to the negative procedure ”;
(g) for “Secretary of State” in each place other than in subsection (7D)(a) is substituted “ Scottish Ministers ”.
(4) The power of the Scottish Ministers under section 41A does not include power to make provision in relation to the subject-matter of sections 88 to 90 of the Energy Act 2008 (smart meters).
(5) Where an overall carbon emissions reduction target has been apportioned under section 103(2A) of the Utilities Act 2000, the Scottish Ministers must—
(a) when making any order under section 41A, comply with the duty in subsection (6), and
(b) if the Secretary of State amends any order under that section, make any provision they think necessary, in consequence of the amendment, to comply with that duty.
(6) The duty of the Scottish Ministers where subsection (5)(a) or (b) applies is to exercise their powers under section 41A (subject to subsection (8)) in the way they think most likely to secure that the proportion of compliance costs that is represented by costs relating to Scotland is no greater than the proportion of the overall carbon emissions reduction target that is represented by the part of it apportioned to measures carried out in Scotland.
(7) In subsection (6)—
(a) “compliance costs” means the total costs to electricity suppliers of complying with carbon emissions reduction obligations that, in relation to any period, are imposed by order under section 41A, and
(b) “costs relating to Scotland” means the total costs to electricity suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland.
(8) The Scottish Ministers may not make an order under section 41A unless—
(a) they have consulted the Secretary of State about the proposed order, and
(b) the Secretary of State has agreed to the order being made.
(9) Subsection (1) does not prevent the Secretary of State from making provision under—
(a) section 41A(1A), (3), (5)(a) , (7)(a), (7C) or (7E), or
(b) section 41A(2A) where an overall carbon emissions reduction target has not been apportioned under section 103(2A) of the Utilities Act 2000.
(10) Subsection (1) does not prevent the Secretary of State from making any other provision under section 41A or from varying or revoking an order made by the Scottish Ministers under that section—
(a) with the agreement of the Scottish Ministers, or
(b) without their agreement, if subsection (11) applies.
(11) This subsection applies if it appears to the Secretary of State, in the case of obligations imposed in relation to Scotland (the “Scottish obligations”), taking into account any provision made by the Scottish Ministers, that the Scottish obligations are, alone or in conjunction with obligations imposed or to be imposed in relation to England and Wales, likely to—
(a) cause detriment to the United Kingdom,
(b) adversely affect the ability of the United Kingdom to comply with an international agreement or arrangement in relation to climate change or energy efficiency, or
(c) result in costs incurred by suppliers that are not broadly equivalent in relation to England and Wales and in relation to Scotland,
and the Scottish Ministers have failed to comply with a request made to them by the Secretary of State to make modifications specified by the Secretary of State.
(12) In determining for the purposes of subsection (11), whether detriment is likely to be caused to the United Kingdom, considerations that the Secretary of State may take into account include the costs imposed on suppliers by virtue of obligations imposed or to be imposed by the Secretary of State under section 41A or any provision made by the Scottish Ministers under that section.
(13) A request by the Secretary of State to the Scottish Ministers for the purposes of subsection (11)—
(a) must be in writing;
(b) must specify only modifications that appear to the Secretary of State to be necessary to prevent the effect mentioned in subsection (11)(a), (b) or (c);
(c) must specify the time within which the modifications are to be made, which must not be less than 2 months from the date of the request.
41B Promotion of reductions in home-heating costs: electricity distributors and electricity suppliers
(1) The Secretary of State may by order impose—
(a) on each electricity distributor (or each electricity distributor of a specified description); and
(b) on each electricity supplier (or each electricity supplier of a specified description),
an obligation to achieve, within a specified period and in accordance with the order, the home-heating cost reduction target to be determined by the Administrator under the order for that distributor or supplier (and that obligation is referred to in this section as a “home-heating cost reduction obligation”).
(2) In this section—
(a) “the Administrator” means—
(i) the Authority; or
(ii) if the order so provides, the Secretary of State or a specified body other than the Authority;
(b) “home-heating cost reduction target” means a target for the promotion of measures for reducing the cost to individuals of heating their homes;
(c) “specified” means specified in the order.
(3) The power to make orders under this section may be exercised so as to impose more than one home-heating cost reduction obligation on a person in relation to the same period or to periods that overlap to any extent.
(4) Subsections (3), (5) to (8), (9A) and (10A) to (12B) of section 41A apply to an order under this section as they apply to an order under that section, with the following modifications—
(a) for “carbon emissions reduction obligation” (in each place) substitute “home-heating cost reduction obligation”;
(b) for “carbon emissions reduction obligations” (in each place) substitute “home-heating cost reduction obligations”;
(c) for “carbon emissions reduction target” (in each place other than in paragraph (be) of subsection (5)) substitute “home-heating cost reduction target”;
(d) for “carbon emissions reduction targets” (in each place) substitute “home-heating cost reduction targets”; and
(e) omit paragraph (a) of subsection (10A).
(5) Subsections (4) and (9B) of section 41A apply to the carrying out by the Secretary of State and the Administrator of their respective functions under this section as they apply to the carrying out by those persons of their functions under that section.
(6) No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.
41BA Scottish Ministers' promotion of reductions in home-heating costs: electricity suppliers
(1) Where the Secretary of State under section 41B imposes on electricity suppliers obligations to achieve a target within a specified period, the power to make orders under that section is exercisable by the Scottish Ministers for the purposes of those obligations imposed in relation to Scotland and not, except as provided by subsections (9) and (10), by the Secretary of State.
(2) An obligation is imposed in relation to Scotland to the extent that measures to meet that obligation may be carried out in Scotland (disregarding any power to elect under section 103A of the Utilities Act 2000).
(3) For the purposes of the exercise by the Scottish Ministers of the power to make an order under section 41B, that section applies with the following modifications—
(a) for subsection (1) there is substituted a power by order to specify how electricity suppliers may meet their obligations to achieve the home-heating cost reduction target through measures carried out in Scotland;
(b) subsection (3) is omitted;
(c) subsections (3), (5)(a), (7)(a) , (7C), (7E) and (10A) of section 41A as applied by subsection (4) are omitted;
(d) in subsection (2)(a) at the beginning of sub-paragraph (ii) there is inserted “where the Secretary of State has apportioned the overall home-heating costs reduction target under section 103A(3A) of the Utilities Act 2000, and”;
(da) in section 41A(7F) as applied by subsection (4), for “order makes” is substituted “Secretary of State has made”;
(db) in section 41A(7G) as applied by subsection (4), for “(7C)” is substituted “(7F)”;
(dc) in section 41A(7H) as applied by subsection (4), for “an order includes” is substituted “the Secretary of State has made”;
(e) in section 41A(11) as applied by subsection (4) “Citizens Advice” and “electricity distributors” are omitted;
(f) in section 41A(12) as applied by subsection (4) for the words from “shall not be made” to the end is substituted “ is subject to the affirmative procedure ”;
(g) in section 41A(12A) as applied by subsection (4) for the words from “shall be subject to” to the end is substituted “ is subject to the negative procedure ”;
(h) for “Secretary of State” in each place (including any references in section 41A that apply by virtue of subsection (4) other than in section 41A(7D)(a)), is substituted “ Scottish Ministers ”.
(4) The power of the Scottish Ministers under section 41B does not include power to make provision in relation to the subject-matter of sections 88 to 90 of the Energy Act 2008 (smart meters).
(5) Where an overall home-heating cost reduction target has been apportioned under section 103A(3A) of the Utilities Act 2000, the Scottish Ministers must—
(a) when making any order under section 41B, comply with the duty in subsection (6), and
(b) if the Secretary of State amends any order under that section, make any provision they think necessary, in consequence of the amendment, to comply with that duty.
(6) The duty of the Scottish Ministers where subsection (5)(a) or (b) applies is to exercise their powers under section 41B (subject to subsection (8)) in the way they think most likely to secure that the proportion of compliance costs that is represented by costs relating to Scotland is no greater than the proportion of the overall home-heating cost reduction target that is represented by the part of it apportioned to measures carried out in Scotland.
(7) In subsection (6)—
(a) “compliance costs” means the total costs to electricity suppliers of complying with home-heating cost reduction obligations that, in relation to any period, are imposed by order under section 41B, and
(b) “costs relating to Scotland” means the total costs to electricity suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland.
(8) The Scottish Ministers may not make an order under section 41B unless—
(a) they have consulted the Secretary of State about the proposed order, and
(b) the Secretary of State has agreed to the order being made.
(9) Subsection (1) does not prevent the Secretary of State from making provision under—
(a) section 41B(3),
(b) section 41A(3), (5)(a) , (7)(a), (7C) or (7E) as applied by section 41B(4), or
(c) section 41B(2)(a) where an overall home-heating cost reduction target has not been apportioned under section 103A(3A) of the Utilities Act 2000.
(10) Subsection (1) does not prevent the Secretary of State from making any other provision under section 41B or from varying or revoking an order made by the Scottish Ministers under that section—
(a) with the agreement of the Scottish Ministers, or
(b) without their agreement, if subsection (11) applies.
(11) This subsection applies if it appears to the Secretary of State, in the case of obligations imposed in relation to Scotland (the “Scottish obligations”), taking into account any provision made by the Scottish Ministers, that the Scottish obligations are, alone or in conjunction with obligations imposed or to be imposed in relation to England and Wales, likely to—
(a) cause detriment to the United Kingdom,
(b) adversely affect the ability of the United Kingdom to comply with an international agreement or arrangement in relation to climate change or energy efficiency, or
(c) result in costs incurred by suppliers that are not broadly equivalent in relation to England and Wales and in relation to Scotland,
and the Scottish Ministers have failed to comply with a request made to them by the Secretary of State to make modifications specified by the Secretary of State.
(12) In determining for the purposes of subsection (11), whether detriment is likely to be caused to the United Kingdom, considerations that the Secretary of State may take into account include the costs imposed on suppliers by virtue of obligations imposed or to be imposed by the Secretary of State under section 41B or any provision made by the Scottish Ministers under that section.
(13) A request by the Secretary of State to the Scottish Ministers for the purposes of subsection (11)—
(a) must be in writing;
(b) must specify only modifications that appear to the Secretary of State to be necessary to prevent the effect mentioned in subsection (11)(a), (b) or (c);
(c) must specify the time within which the modifications are to be made, which must not be less than 2 months from the date of the request.
42 Information with respect to levels of performance.
(1) The Director shall from time to time collect information with respect to—
(a) the compensation made by electricity suppliers under section 39 above;
(b) the levels of overall performance achieved by such suppliers in connection with the provision of electricity supply services; . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) The Authority shall from time to time collect information with respect to—
(a) the compensation made by electricity distributors under section 39A above;
(b) the levels of overall performance achieved by electricity distributors.
(2) At such times as may be specified in a direction given by the Director, each electricity supplier shall furnish to the Director the following information, namely—
(a) as repects each standard prescribed by regulations under section 39 above, the number of cases in which compensation was made and the aggregate amount or value of that compensation; and
(b) as repects each standard determined under section 40 . . ., such information with respect to the level of performance achieved by the supplier as may be so specified.
(2A) At such times as may be specified in a direction given by the Authority, each electricity distributor shall furnish to the Authority the following information, namely—
(a) as respects each standard prescribed by regulations under section 39A, the number of cases in which compensation was made and the aggregate amount or value of that compensation; and
(b) as respects each standard determined under section 40A, such information with respect to the level of performance achieved by the distributor as may be so specified.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42A Information to be given to customers about overall performance.
(1) The Authority may make regulations requiring such information as may be specified or described in the regulations about—
(a) the standards of overall performance determined under section 40 or 40A; and
(b) the levels of performance achieved as respects those standards,
to be given by electricity suppliers or electricity distributors to customers or potential customers of electricity suppliers.
(2) Regulations under this section may include provision—
(a) specifying the form and manner in which and the frequency with which information is to be given; and
(b) requiring information about the matters mentioned in subsection (1)(a) or (b) and relating to electricity distributors to be given by electricity distributors to electricity suppliers and by electricity suppliers to their customers or potential customers.
42AA Publication of statistical information about standards of performance.
(1) It shall be the duty of both Citizens Advice and Citizens Advice Scotland to secure the publication, in such form and manner and with such frequency as the particular body thinks appropriate, of such statistical information as the particular body considers appropriate relating to—
(a) the levels of performance achieved by ... electricity suppliers and electricity distributors in respect of—
(i) standards of performance prescribed or determined under sections 39, 39A, 40 and 40A; and
(ii) carbon emissions reduction obligations imposed by order under section 41A; and
(iii) home-heating cost reduction obligations imposed by order under section 41B; and
(b) complaints made by consumers about any matter relating to the activities of such ... suppliers or distributors and the handling of such complaints.
(1A) Citizens Advice and Citizens Advice Scotland may comply with the duty in subsection (1) by publishing information jointly or by securing that information is published on behalf of both of them.
(2) In subsection (1)(b) “complaints” includes complaints made directly to ... electricity suppliers and electricity distributors (or anyone carrying on activities on their behalf) and complaints to the Authority , Citizens Advice or Citizens Advice Scotland.
42AB Information relating to complaints handling standards
(1) This section applies in relation to standards prescribed by the Authority by regulations under section 43 of the Consumers, Estate Agents and Redress Act 2007 (standards for complaints handling) in relation to licence holders (or some of them).
(2) The Authority must from time to time collect information with respect to the levels of compliance with the standards which those licence holders have achieved.
(3) At such times as the Authority may direct, each of those licence holders must give the Authority such information as the Authority may direct with respect to the levels of compliance with the standards which the licence holder has achieved.
(1) Each public electricity supplier shall establish a procedure for dealing with complaints made by his customers or potential customers in connection with the provision of electricity supply services.
(2) No such procedure shall be established, and no modification of such a procedure shall be made, unless—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the proposed procedure or modification has been approved by the Director.
(3) The supplier shall—
(a) publicise the procedure in such manner as may be approved by the Director; and
(b) send a description of the procedure, free of charge, to any person who asks for one.
(4) The Director may give a direction to any public electricity supplier requiring the supplier to review his procedure or the manner in which it operates.
(5) A direction under subsection (4) above—
(a) may specify the manner in which the review is to be conducted; and
(b) shall require a written report of the review to be made to the Director.
(6) Where the Director receives a report under subsection (5)(b) above, he may, after consulting the supplier, direct him to make such modifications of—
(a) the procedure; or
(b) the manner in which the procedure operates,
as may be specified in the direction.
(7) Subsection (2) above does not apply to any modification made in compliance with a direction under subsection (6) above.
(1) This section applies to any company which is authorised by a licence to carry on activities subject to price regulation.
(2) As soon as reasonably practicable after the end of each financial year of the company it must make a statement to the Authority—
(a) disclosing whether or not remuneration has been paid or become due during that financial year to the directors of the company as a result of arrangements falling within subsection (3); and
(b) where such remuneration has been paid or become due, describing the arrangements and the remuneration.
(3) Arrangements fall within this subsection if they are arrangements for linking the remuneration of the directors of the company to levels of performance as respects service standards in connection with activities subject to price regulation.
(4) A description under subsection (2)(b) must include in particular—
(a) a statement of when the arrangements were made;
(b) a description of the service standards in question;
(c) an explanation of the means by which the levels of performance as respects those service standards are assessed; and
(d) an explanation of how the remuneration was calculated.
(5) The statement required by subsection (2) must also state—
(a) whether or not there are in force in respect of the financial year during which the statement is made arrangements falling within subsection (3); or
(b) if not, whether the company intends that such arrangements will be in force at some time during that financial year,
and if there are, or it is intended that there will be, such arrangements in force the statement must describe those arrangements.
(6) A description under subsection (5) must—
(a) include in particular the matters listed in subsection (4)(a), (b) and (c); and
(b) where the arrangements described are different from any arrangements described under subsection (2)(b), state the likely effect of those differences on the remuneration of each director of the company.
(7) The statement required by subsection (2) must be made to the Authority in such manner as may be required by the Authority.
(8) The statement required by subsection (2)—
(a) must be published by the company making the statement in such manner as it reasonably considers will secure adequate publicity for it; and
(b) may be published by the Authority in such manner as it may consider appropriate.
(9) The duty of a company under this section applies in respect of any person who has at any time been a director of the company.
(10) In this section—
“activities subject to price regulation”, in relation to any company, are activities for which—
a maximum price which may be charged by the company, or a method for calculating such a maximum price; or
a maximum revenue which may be received by the company, or a method for calculating such a maximum revenue,
is determined by or under the licence granted under this Part;
“company” means a company (as defined in section 1(1) of the Companies Act 2006) that—
is limited by shares, and
has its registered office in Great Britain.
“remuneration” in relation to a director of a company—
means any form of payment, consideration or other benefit (including pension benefit), paid or due to or in respect of the director; and
includes remuneration in respect of any of his services while a director of the company;
“service standards” in relation to any company, means standards relating to the quality of service received by customers or potential customers of the company, including any such standards which are—
set by or under any conditions included in a licence granted under this Part;
prescribed by the Authority in regulations made under section 39 or 39A;
determined by the Authority under section 40 or 40A; or
set or agreed to by the company.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The functions to which subsection (2A) below applies shall be concurrent functions of the Authority and the CMA.
(2A) This subsection applies to the functions of the CMA under Part 4 of the Enterprise Act 2002 (other than sections 166 , 167C , 171 and 174E) so far as those functions—
(a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b) relate to commercial activities connected with the generation, transmission or supply of electricity or the use of electricity interconnectors.
(2B) So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above—
(a) references in Part 4 of the Act of 2002 to the CMA (including references in provisions of that Act applied by that Part) shall be construed as including references to the Authority (except in sections 166 , 167C , 171 and 174E of that Act and in any other provision of that Act where the context otherwise requires);
(b) references in that Part to section 5 of the Act of 2002 are to be construed as including references to section 47(1) of this Act.
(2C) Section 130A of the Enterprise Act 2002 is to have effect in its application in relation to the Authority by virtue of subsections (2) and (2A)—
(a) as if for subsection (1) of that section there were substituted—
(1) Where the Gas and Electricity Markets Authority—
(a) is proposing to carry out its functions under section 47(1) of the Electricity Act 1989 in relation to a matter for the purposes mentioned in subsection (2), and
(b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).
, and
(b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the generation, transmission or supply of electricity or the use of electricity interconnectors”.
(3) The Authority shall be entitled to exercise, concurrently with the CMA, the functions of the Office of Fair Trading under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) and 51), so far as relating to—
(a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
(b) conduct of the kind mentioned in section 18(1) of that Act, or
(c) transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
which relate to commercial activities connected with the generation, transmission or supply of electricity , the use of electricity interconnectors or the performance of the function of a code manager in relation to a designated electricity licence document.
(3A) So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 (including references in provisions of the Enterprise Act 2002 applied by that Part) to CMA are to be read as including a reference to the Authority (except in sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).
(4) Before the CMA or the Authority first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, it shall consult the other.
(4A) Neither the CMA nor the Authority shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.
(5) It shall be the duty of the Authority, for the purpose of assisting a CMA group in carrying out an investigation on market investigation reference made by the Authority (under section 131 of the Act of 2002) by virtue of subsection (2) ... above, to give to the group—
(a) any information which is in its possession and which relates to matters falling within the scope of the investigation and—
(i) is requested by the group for that purpose; or
(ii) is information which in its opinion it would be appropriate for that purpose to give to the group without any such request; and
(b) any other assistance which the group may require and which it is within its power to give, in relation to any such matters,
and the group shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.
(5A) In subsection (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
(6) If any question arises as to whether subsection (2) or (3) above applies to any particular case ... ..., that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—
(a) Part 4 of the Enterprise Act 2002; or
(b) Part I of the Competition Act 1998 (other than sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) and 51),
by or in relation to the Authority on the ground that it should have been done by or in relation to the CMA.
(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In making any decision, or otherwise taking action, for the purposes of any of its functions that, by virtue of this section—
(a) by virtue of this section, are functions exercisable concurrently with the CMA, and
(b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
(1) The Authority may from time to time direct that the maximum prices at which electricity supplied by authorised suppliers may be resold—
(a) shall be such as may be specified in the direction; or
(b) shall be calculated by such method and by reference to such matters as may be so specified;
and shall publish directions under this section in such manner as in its opinion will secure adequate publicity for them.
(2) A direction under this section may—
(a) require any person who resells electricity supplied by an authorised supplier to furnish the purchaser with such information as may be specified or described in the direction; and
(b) provide that, in the event of his failing to do so, the maximum price applicable to the resale shall be such as may be specified in the direction, or shall be reduced by such amount or such percentage as may be so specified.
(3) Different directions may be given under this section as respects different classes of cases, which may be defined by reference to areas or any other relevant circumstances.
(4) If any person resells electricity supplied by an authorised supplier at a price exceeding the maximum price determined by or under a direction under this section and applicable to the resale—
(a) the amount of the excess; and
(b) if the direction so provides, interest on that amount at a rate specified or described in the direction,
shall be recoverable by the person to whom the electricity was resold.
(1) For the purposes of sections 44C and 44D a dispute is a “section 44B dispute” if—
(a) it arises from a written complaint—
(i) made against the holder of a transmission licence,
(ii) made against the holder of a distribution licence,
(iii) made against the holder of an interconnector licence,
(iv) made against a distribution exemption holder, ...
(v) made by a person falling within paragraph (a) of subsection (1A) against a person falling within paragraph (b) of that subsection; or
(vi) made against the holder of an electricity system operator licence;
(b) it is wholly or mainly a dispute regarding an obligation of the person complained against which falls within subsection (2A); and
(c) it is a dispute between the complainant and the person complained against.
(1A) For the purposes of subsection (1)(a)(v)—
(a) a person falls within this paragraph if the person is certified on the ground mentioned in section 10E(5) in respect of a transmission system or electricity interconnector;
(b) a person falls within this paragraph if the person is designated under section 10H(3) in respect of the transmission system or electricity interconnector mentioned in paragraph (a).
(2) The reference in subsection (1)(a) to a complaint does not include a reference to—
(a) a complaint about a modification (or failure to make a modification) of—
(i) a term or condition of a licence held by the person complained against, or
(ii) an obligation or right contained in any code or other document and having effect by virtue of such a term or condition; or
(b) a complaint made by a person as a household customer or potential household customer.
(2A) An obligation of the person complained against falls within this subsection if it is—
(a) an obligation under a relevant condition or relevant requirement in relation to that person imposed before IP completion day for the purpose of implementing the Electricity Directive, including such an obligation as modified on or after IP completion day, or
(b) an obligation under a relevant condition or relevant requirement in relation to that person imposed on or after IP completion day which, if it had been imposed immediately before IP completion day, would have been an obligation imposed for the purpose of implementing the Electricity Directive.
(3) In this section, “household customer” means a customer who purchases electricity for consumption by the customer’s own household.
(1) A section 44B dispute (other than one which may be referred to the Authority under or by virtue of any other provision of this Act) may be referred to the Authority under this section by the person who is the complainant in relation to the dispute.
(2) A section 44B dispute referred to the Authority under this section shall be determined by order made either by the Authority or, if the Authority thinks fit, by an arbitrator (or in Scotland an arbiter) appointed by the Authority.
(3) The practice and procedure to be followed in connection with a section 44B dispute referred to the Authority under this section shall be such as the Authority may consider appropriate.
(4) An order under this section—
(a) may include such incidental, supplemental and consequential provision as the person making the order considers appropriate; and
(b) shall be final.
(5) The provision that may be included in an order under this section by virtue of subsection (4)(a) above includes provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order (“costs provision”).
(6) In including costs provision in an order under this section, the person making the order shall have regard to the conduct and means of the parties and any other relevant circumstances.
(7) Costs provision included in an order under this section shall be enforceable—
(a) in England and Wales, as if it were a judgment of the county court;
(b) in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.
(8) Sections 25 to 28 have effect in relation to a person against whom a complaint is made as mentioned in section 44B(1)(a), and on whom a duty or other requirement is imposed by an order under this section—
(a) as if references in those sections to a relevant requirement (other than the reference in section 25(8)) included references to that duty or requirement;
(b) if the complaint is made against the person as mentioned in sub-paragraph (v) of section 44B(1)(a), also as if references in those sections to a regulated person included references to that person.
(1) An order determining a section 44B dispute (whether made under section 44C or made under or by virtue of any other provision of this Act) shall be made within the permitted period.
(2) Subject to subsection (3) ..., the permitted period is the period of two months beginning with the day on which the dispute is referred to the Authority.
(3) Where the person determining the dispute requests further information from anyone for the purposes of determining the dispute, the person may, by giving notice to the parties, extend the permitted period—
(a) by two months, or
(b) with the agreement of the complainant, by a longer period.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) If a person refers a dispute to the Authority, or purports to do so, and the Authority gives to that person a notice—
(a) specifying information which it requires in order to assess whether the dispute is a section 44B dispute, or whether there is a dispute at all, and
(b) requesting the person to provide that information,
the dispute shall be treated for the purposes of subsection (2) as not referred to the Authority until the information is provided.
(1) It shall be the duty of the Director, so far as it appears to him practicable from time to time to do so—
(a) to keep under review the carrying on both in Great Britain and elsewhere of activities to which this subsection applies; and
(b) to collect information with respect to those activities, and the persons by whom they are carried on, with a view to facilitating the exercise of his functions under this Part;
and this subsection applies to any activities connected with the generation, transmission and supply of electricity, including in particular activities connected with the supply to any premises of heat produced in association with electricity and steam produced from and air and water heated by such heat , to the performance of the function of code manager in relation to a designated electricity licence document , and to the provision of smart meter communication services.
(1A) The activities to which subsection (1) applies also include, in particular, activities connected with the generation of electricity by microgeneration or small-scale low-carbon generation or with the transmission and supply of electricity so generated.
(1B) In subsection (1A)—
“microgeneration” has the same meaning as in the Climate Change and Sustainable Energy Act 2006;
“small-scale low-carbon generation” has the same meaning as in section 41 of the Energy Act 2008.
(1C) The activities to which subsection (1) applies also include, in particular, the matters specified in the following provisions of the Electricity Directive as matters to be monitored—
(a) Article 26(3);
(b) Article 37(1)(g) to (k), (m) and (q) to (t); and
(c) where a person is certified on the ground mentioned in subsection (5) of section 10E, Article 37(3)(a), (b) and (f).
(1D) The references in subsection (1C) to the following provisions of the Electricity Directive are to be treated as references to those provisions with the following modifications—
(a) Article 37(1)(q) is to be read as if for “Regulation (EC) No 714/2009” there were substituted “ the Electricity Regulation ”;
(b) Article 37(1)(s) is to be read as if—
(i) the words “Community and third country” were omitted, and
(ii) after “operators” there were inserted “ in the United Kingdom and transmission system operators in countries outside the United Kingdom ”;
(c) Article 37(1)(t) is to be read as if the reference to Article 42 were to Article 42 with the omission of the words from “must cause” to “market and”;
(d) Article 37(3)(f) is to be read as if for “Regulation (EC) No 714/2009” there were substituted “ the Electricity Regulation ”.
(2) The Secretary of State may give general directions indicating—
(a) considerations to which the Director should have particular regard in determining the order of priority in which matters are to be brought under review in performing his duty under subsection (1)(a) or (b) above; and
(b) considerations to which, in cases where it appears to the Director that any of his functions under this Part are exercisable, he should have particular regard in determining whether to exercise those functions.
(3) It shall be the duty of the Director, where either he considers it expedient or he is requested by the Secretary of State or the CMA to do so, to give information, advice and assistance to the Secretary of State or the CMA with respect to any matter in respect of which any function of the Director under this Part is exercisable.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47A Power to require information etc for the purpose of monitoring
(1) The Authority may, for the purpose of performing its duty under subsection (1)(a) or (b) of section 47 in relation to activities falling within subsection (1C) of that section, serve a notice under subsection (2) on any regulated person.
(2) A notice under this subsection is a notice signed by the Authority which—
(a) requires the person on whom it is served to produce, at a time and place specified in the notice, to the Authority any documents which are specified or described in the notice and are in that person’s custody or under that person’s control; or
(b) requires that person, if that person is carrying on a business, to furnish, at a time and place and in the form and manner specified in the notice, to the Authority such information as may be specified or described in the notice.
(3) In paragraphs (a) and (b) of subsection (2) the reference to the Authority includes a reference to a person appointed by the Authority for the purpose of exercising the power in question.
(4) Sections 25 to 27 have effect in relation to a person on whom a notice is served under subsection (2) as if references in those sections to a relevant requirement (other than the reference in section 25(8)) included references to a requirement of that notice.
(5) A person who intentionally alters, suppresses or destroys any document or record of information which that person has been required to produce by a notice under subsection (2) is liable—
(a) on summary conviction—
(i) in England and Wales, to a fine not exceeding the statutory maximum, and
(ii) in Scotland, to a fine not exceeding £5,000; or
(b) on conviction on indictment, to a fine.
(1) If it appears to the Authority that the publication of any advice and information would promote the interests of consumers in relation to electricity conveyed by distribution systems or transmission systems, the Authority may publish that advice or information in such manner as it thinks fit.
(2) In publishing advice or information under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.
(2A) Before deciding to publish under this section any advice or information relating to a particular individual or body of persons the Authority shall consult that individual or body.
(3) The CMA shall consult the Director before publishing under section 6 of the Enterprise Act 2002 any information or advice which may be published by the Director under this section.
(4) In this section “consumers” includes both existing and future consumers.
(1) The Director shall, ... in such form as he may determine, maintain a register for the purposes of this Part.
(2) Subject to subsection (3) and to any direction given under subsection (4) below, the Director shall cause to be entered in the register the provisions of—
(a) every licence and every exemption granted to a particular person;
(b) every modification or revocation of a licence;
(c) every direction or consent given or determination made under or in respect of a licence; ...
(d) every final or provisional order, every revocation of such an order and every notice under section 25(6) above ; and
(e) every penalty imposed under section 27A(1) and every notice under section 27A(5).
(3) The Authority may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as it considers it appropriate to exclude for the purpose of maintaining the confidentiality of—
(a) matters relating to the affairs of an individual the publication of which would or might, in its opinion, seriously and prejudicially affect the interests of that individual; and
(b) matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Authority’s opinion, seriously and prejudicially affect the interests of that body.
(4) If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest or the commercial interests of any person, he may direct the Director not to enter that provision in the register.
(5) The contents of the register must be shown on the Authority's website.
(6) Any person may, on the payment of such fee as may be specified in an order made by the Secretary of State, require the Director to supply him with a copy of, or extract from, any part of the register, being a copy or extract which is certified by the Director to be a true copy or extract.
(7) Any sums received by the Director under this section shall be paid into the Consolidated Fund.
(1) This section applies to the following decisions of the Authority or the Secretary of State, namely—
(a) the revocation of a licence;
(b) the modification of the conditions of a licence;
(c) the giving of any directions or consent in pursuance of a condition included in a licence by virtue of section 7(3)(a) or (b);
(d) the determination of a question referred in pursuance of a condition included in a licence by virtue of section 7(3)(c);
(e) the determination of a dispute referred under section 23(1);
(f) the making of a final order, the making or confirmation of a provisional order or the revocation of a final order or of a provisional order which has been confirmed.
(2) As soon as reasonably practicable after making such a decision the Authority or the Secretary of State shall publish a notice stating the reasons for the decision in such manner as it or he considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be interested.
(3) The Authority shall send a copy of a notice published in respect of a decision mentioned in paragraph (a), (b), (c), (d) or (f) of subsection (1) to the licence holder to whose licence, or to whom, the decision relates.
(4) In preparing a notice under subsection (2) the Authority or the Secretary of State shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where it or he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body.
(5) This section does not apply to a decision resulting in any provision which the Secretary of State has under section 49(4) directed the Authority not to enter in the register required to be kept under that section.