(1) As soon as reasonably practicable after the end of the period of 7 years beginning with the day on which section 77 comes into force, the Secretary of State must carry out a review of the provisions of this Part.
(2) The Secretary of State must set out the conclusions of the review in a report.
(3) The report must, in particular—
(a) set out the objectives of the provisions of this Part,
(b) assess the extent to which those objectives have been achieved, and
(c) assess whether those objectives remain appropriate and, if so, the extent to which those objectives could be achieved in a way that imposes less regulation.
(4) The Secretary of State must lay the report before Parliament.
119 Meaning of “government pipe-line and storage system”
(1) In this Part “the government pipe-line and storage system” means any property to which subsection (2), (3), (4) or (5) applies and which is vested in the Secretary of State, including any land held by the Secretary of State for the purposes of such property.
(2) This subsection applies to any oil installations—
(a) which are government war works, within the meaning of the Requisitioned Land and War Works Act 1945, or
(b) to which section 28 of that Act applies by virtue of section 12(4) or (5) of the Requisitioned Land and War Works Act 1948.
(3) This subsection applies to any oil installations which have been, are being or are intended to be, laid, installed or constructed, in or on land acquired for the purpose by virtue of section 13(a) of the 1958 Act.
(4) This subsection applies to anything which has been, is being or is intended to be, laid, installed or constructed by virtue of a wayleave order under the 1958 Act.
(5) This subsection applies to any other oil installations or other property—
(a) relating to oil installations to which subsection (2) or (3) applies, or
(b) relating to anything to which subsection (4) applies.
(6) In this section—
“the 1958 Act” means the Land Powers (Defence) Act 1958;
“oil installations” has the meaning given by section 25(1) of that Act.
120 Rights in relation to the government pipe-line and storage system
(1) The Secretary of State may maintain and use the government pipe-line and storage system or any part of it for any purpose for which it is suitable.
(2) The Secretary of State may remove, replace or renew the system or any part of it.
(3) The Secretary of State may restore land if the system or any part of it has been removed or abandoned.
(4) The Secretary of State may inspect or survey the system, any part of it or any land on or under which the system or any part of it is situated.
(5) The rights conferred by this section include in particular the right—
(a) to place, continue or renew markers for indicating the position of the system or any part of it in so far as it is placed under land;
(b) to erect and maintain stiles, gates, bridges or culverts for the facilitation of access to the system or any part of it;
(c) to construct works for the facilitation of maintenance or inspection, or protection from damage, of the system or any part of it;
(d) temporarily to place on land on or under which the system or any part of it is situated materials, plant or apparatus required in connection with the system or any part of it.
(1) For the purpose of exercising a right conferred by section 120, the Secretary of State may enter—
(a) any land on or under which is situated any part of the government pipe-line and storage system, or
(b) any land which is held with that land.
(2) The right conferred by subsection (1) is a right to enter on foot or with vehicles and includes a right to transport materials, plant and apparatus.
(3) For the purpose of accessing any land mentioned in subsection (1) (“the system land”), the Secretary of State may pass over any other land (“the access land”) so far as it is necessary to do so for that purpose.
(4) But the right conferred by subsection (3) may be exercised only if, and to the extent that, the occupier or owner of the system land is entitled to exercise a corresponding right of access (whether by virtue of an easement, under an agreement or otherwise) to pass over the access land.
(5) Except in an emergency the rights conferred by this section may be exercised only—
(a) at a reasonable time and with the consent of the occupier of the land, or
(b) under the authority of a warrant (see section 122).
(6) “An emergency” means that urgent action is required to prevent or limit serious damage to health or to the environment.
(7) The rights conferred by this section do not include a right to enter premises used wholly or mainly as a private dwelling house.
(1) A justice of the peace or, in Scotland, a sheriff, may issue a warrant to authorise entry on to land in the exercise of a right conferred by section 121 (including such a right exercisable by virtue of provision made by or under section 125).
(2) The justice of the peace or the sheriff must be satisfied, on information on oath—
(a) that—
(i) at least 7 days' notice of intention to apply for a warrant has been given to the occupier of the land,
(ii) the occupier cannot be found, or
(iii) urgent action is required to prevent or limit serious damage to health or to the environment,
(b) (except where the occupier cannot be found) that entry to the land has been or is likely to be refused, and
(c) that there are reasonable grounds for exercising the right.
(3) A warrant under this section may authorise the use of reasonable force.
(4) It is an offence for a person intentionally to obstruct the exercise of any right conferred by a warrant under this section; and a person guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) In the application of this section to Scotland the reference to information on oath is to be read as a reference to evidence on oath.
(1) In this section a “GPSS right” is a right conferred by section 120, 121 or 125(1).
(2) A GPSS right in respect of any land—
(a) is not subject to any enactment requiring the registration or recording of interests in, charges over or other obligations affecting land;
(b) binds any person who is at any time the owner or occupier of the land.
(3) But a GPSS right in respect of any land in England or Wales is a local land charge and subsection (2)(a) does not apply to subsection (2) of section 5 of the Local Land Charges Act 1975 (duty to register local land charge).
(4) For the purposes of the operation in relation to a GPSS right of the duty under that subsection to register a local land charge, the Secretary of State is the originating authority.
(5) A GPSS right in respect of any land in Scotland may be registered in the Land Register of Scotland or recorded in the Register of Sasines.
(1) The Secretary of State must pay compensation to a person who proves that the value of a relevant interest to which the person is entitled is depreciated by reason of the coming into force of section 120, 121 or 125.
(2) A “relevant interest” means an interest in land which—
(a) comprises, or is held with, land in respect of which a right conferred by section 120, 121 or 125 is exercisable, and
(b) subsisted at the time of the coming into force of the section.
(3) The amount of compensation payable under subsection (1) is the amount that is equal to the amount of the depreciation.
(4) If a person proves loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels (or in Scotland corporeal moveables) as a result of the exercise of any right conferred by section 120 or 121, the person on whose behalf the right is exercised must pay compensation in respect of that loss.
(5) Any dispute about entitlement to, or amount of, compensation under this section is to be determined by—
(a) in the application of this Act to England and Wales, the Upper Tribunal;
(b) in the application of this Act to Scotland, the Lands Tribunal for Scotland.
(6) In relation to the assessment of compensation under subsection (1)—
(a) for the purposes of an interest in land in England and Wales and the application of section 5A of the Land Compensation Act 1961 (relevant valuation date) the “relevant valuation date” is the date on which the section concerned comes into force;
(b) for the purposes of an interest in land in Scotland and the operation of rule 2 in section 12 of the Land Compensation (Scotland) Act 1963 (value of land) the valuation must be made as at the date the section concerned comes into force.
125 Right to transfer the government pipe-line and storage system
(1) The Secretary of State may—
(a) sell or lease the government pipe-line and storage system or any part of it;
(b) transfer for valuable consideration or otherwise the ownership of the system or any part of it;
(c) transfer for valuable consideration or otherwise any right relating to the system or any part of it (whether a right conferred by this Part or otherwise);
(d) transfer any liability relating to the system or any part of it.
(2) Any sale, lease or transfer by virtue of subsection (1) may be subject to such conditions, if any, as the Secretary of State considers appropriate.
(1) Subsection (3) applies in relation to any part of the government pipe-line and storage system which is for the time being owned otherwise than by the Secretary of State.
(2) In subsection (1) “owned” is to be construed in accordance with the definition of “owner” in section 66(1) of the Pipe-lines Act 1962.
(3) The following sections of that Act, namely—
(a) section 10 (provisions for securing that a pipe-line is so used as to reduce necessity for construction of others),
(b) section 36 (notification of abandonment, cesser of use and resumption of use of pipe-lines or lengths thereof),
apply in relation to any such part as if it were a pipe-line constructed pursuant to a pipe-line construction authorisation.
(4) Section 40(2) of that Act (application of the electronic communications code) applies—
(a) for the purposes of GPSS works as it applies for the purposes of works in pursuance of a compulsory rights order,
(b) to a person executing GPSS works as it applies to a person authorised to execute works in pursuance of such an order.
(5) In subsection (4) “GPSS works” means—
(a) works for inspecting, maintaining, adjusting, repairing, altering or renewing the government pipe-line and storage system or any part of it;
(b) works for changing the position of the system or any part of it;
(c) works for removing the system or any part of it;
(d) breaking up or opening land for the purpose of works falling within paragraph (a), (b) or (c), or tunnelling or boring for that purpose;
(e) other works incidental to anything falling within paragraph (a), (b), (c) or (d).
(6) To the extent that anything done under or by virtue of this Part constitutes the execution of pipe-line works for the purposes of section 45 of the Pipe-lines Act 1962 (obligation to restore agricultural land), subsection (3) of that section has effect as if after “this Act” there were inserted “ or any provision of Part 4 of the Energy Act 2013 ”.
(1) Nothing in this Part affects any other rights of the Secretary of State in relation to the government pipe-line and storage system (whether conferred under another enactment, by agreement or otherwise, and whether or not existing upon the coming into force of this section).
(2) For the purposes of sections 120, 121 and 125, it is immaterial whether a right corresponding to a right conferred by the section was exercisable by the Secretary of State before the coming into force of the section.
(1) The provisions mentioned in subsection (2) cease to have effect.
(2) The provisions are—
(a) section 12 of the Requisitioned Land and War Works Act 1948 (permanent power to maintain government oil pipe-lines);
(b) section 13 of that Act (compensation in respect of government oil pipe-lines);
(c) section 14 of that Act (registration of rights as to government oil pipe-lines);
(d) section 15 of that Act (supplementary provisions as to government oil pipe-lines);
(e) section 12 of the Land Powers (Defence) Act 1958 (extension of provisions of Requisitioned Land and War Works Acts).
129 Power to dissolve the Oil and Pipelines Agency by order
(1) The Secretary of State may provide by order for—
(a) the repeal of the Oil and Pipelines Act 1985;
(b) the dissolution of the Oil and Pipelines Agency.
(2) If the Oil and Pipelines Agency is dissolved under subsection (1), the Secretary of State may make one or more schemes for the transfer to the Secretary of State of property, rights and liabilities (a “transfer scheme”).
(3) Schedule 13 makes further provision about any transfer scheme under subsection (2).
(4) An order under this section may—
(a) include incidental, supplementary and consequential provision;
(b) make transitory or transitional provision or savings;
(c) make different provision for different cases or circumstances or for different purposes;
(d) make provision subject to exceptions.
(5) An order under this section is to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This Part binds the Crown.
(2) No contravention by the Crown of section 122(4) makes the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) But subsection (2) does not affect the criminal liability of persons in the service of the Crown.
(1) The Secretary of State may designate a statement as the strategy and policy statement for the purposes of this Part if the requirements set out in section 135 are satisfied (consultation and Parliamentary procedural requirements).
(2) The strategy and policy statement is a statement prepared by the Secretary of State that sets out—
(a) the strategic priorities, and other main considerations, of Her Majesty's government in formulating its energy policy for Great Britain (“strategic priorities”),
(b) the particular outcomes to be achieved as a result of the implementation of that policy (“policy outcomes”), and
(c) the roles and responsibilities of persons (whether the Secretary of State, the Authority , the Independent System Operator and Planner or other persons) who are involved in implementing that policy or who have other functions that are affected by it.
(3) The Secretary of State must publish the strategy and policy statement (including any amended statement following a review under section 134) in such manner as the Secretary of State considers appropriate.
(4) For the purposes of this section, energy policy “for Great Britain” includes such policy for—
(a) the territorial sea adjacent to Great Britain, and
(b) areas designated under section 1(7) of the Continental Shelf Act 1964.
(5) In this Part—
“the 1986 Act” means the Gas Act 1986;
“Independent System Operator and Planner” means the person for the time being designated under section 162(1) of the Energy Act 2023;
“policy outcomes” has the meaning given in subsection (2)(b);
“strategic priorities” has the meaning given in subsection (2)(a);
“the strategy and policy statement” means the statement for the time being designated under subsection (1) as the strategy and policy statement for the purposes of this Part.
(1) The Authority must have regard to the strategic priorities set out in the strategy and policy statement when carrying out regulatory functions.
(2) The Secretary of State and the Authority must carry out their respective regulatory functions in the manner which the Secretary of State or the Authority (as the case may be) considers is best calculated to further the delivery of the policy outcomes.
(3) Subsection (2) is subject to the application of the principal objective duty in the carrying out of any such function.
(4) “Regulatory functions”, in relation to the Secretary of State, means—
(a) functions of the Secretary of State under Part 1 of the 1986 Act or Part 1 of EA 1989;
(b) other functions of the Secretary of State to which the principal objective duty is applied by any enactment.
(5) “Regulatory functions”, in relation to the Authority, means—
(a) functions of the Authority under Part 1 of the 1986 Act or Part 1 of EA 1989;
(b) other functions of the Authority to which the principal objective duty is applied by any enactment.
(6) The “principal objective duty” means the duty of the Secretary of State or the Authority (as the case may be) imposed by—
(a) section 4AA(1B) and (1C) of the 1986 Act;
(b) section 3A(1B) and (1C) of EA 1989.
(7) The Authority must give notice to the Secretary of State if at any time the Authority concludes that a policy outcome contained in the strategy and policy statement is not realistically achievable.
(8) A notice under subsection (7) must include—
(a) the grounds on which the conclusion was reached;
(b) what (if anything) the Authority is doing, or proposes to do, for the purpose of furthering the delivery of the outcome so far as reasonably practicable.
(9) In this section “enactment” includes—
(a) an enactment contained in this Act, and
(b) an enactment passed or made after the passing of this Act.
(1) Section 132(1) and (2) do not apply in relation to functions of the Secretary of State under sections 36 to 37 of EA 1989.
(2) Section 132(1) and (2) do not apply in relation to anything done by the Authority—
(a) in the exercise of functions relating to the determination of disputes;
(b) in the exercise of functions under section 36A(3) of the 1986 Act or section 43(3) of EA 1989.
(3) The duties imposed by section 132(1) and (2) do not affect the obligation of the Authority or the Secretary of State to perform or comply with any other duty or requirement (whether arising under this Act or another enactment, by virtue of any EU obligation or otherwise).
(1) The Secretary of State must review the strategy and policy statement if a period of 5 years has elapsed since the relevant time.
(2) The “relevant time”, in relation to the strategy and policy statement, means—
(a) the time when the statement was first designated under this Part, or
(b) if later, the time when a review of the statement under this section last took place.
(3) A review under subsection (1) must take place as soon as reasonably practicable after the end of the 5 year period.
(4) The Secretary of State may review the strategy and policy statement at any other time if—
(a) a Parliamentary general election has taken place since the relevant time,
(b) the Authority has given notice to the Secretary of State under section 132(7) since the relevant time,
(ba) the Independent System Operator and Planner has given notice to the Secretary of State under section 165(2) of the Energy Act 2023 since the relevant time,
(c) a significant change in the energy policy of Her Majesty's government has occurred since the relevant time, or
(d) the Parliamentary approval requirement in relation to an amended statement was not met on the last review (see subsection (12)).
(5) The Secretary of State may determine that a significant change in the government's energy policy has occurred for the purposes of subsection (4)(c) only if—
(a) the change was not anticipated at the relevant time, and
(b) if the change had been so anticipated, it appears to the Secretary of State likely that the statement would have been different in a material way.
(5A) The Secretary of State may also review the strategy and policy statement at any other time if the Secretary of State considers it appropriate to do so in preparation for or in connection with the designation of a person under section 162(1) of the Energy Act 2023 (Independent System Operator and Planner).
(6) On a review under this section the Secretary of State may—
(a) amend the statement (including by replacing the whole or part of the statement with new content),
(b) leave the statement as it is, or
(c) withdraw the statement's designation as the strategy and policy statement.
(7) The amendment of a statement under subsection (6)(a) has effect only if the Secretary of State designates under section 131 the amended statement as the strategy and policy statement (and the procedural requirements under section 135 apply in relation to any such designation).
(8) For the purposes of this section, corrections of clerical or typographical errors are not to be treated as amendments made to the statement.
(9) The designation of a statement as the strategy and policy statement ceases to have effect upon a subsequent designation of an amended statement as the strategy and policy statement in accordance with subsection (7).
(10) The Secretary of State must consult the following persons before proceeding under subsection (6)(b) or (c)—
(a) the Authority,
(aa) the Independent System Operator and Planner,
(b) the Scottish Ministers,
(c) the Welsh Ministers, and
(d) such other persons as the Secretary of State considers appropriate.
(11) For the purposes of subsection (2)(b), a review of a statement takes place—
(a) in the case of a decision on the review to amend the statement under subsection (6)(a)—
(i) at the time when the amended statement is designated as the strategy and policy statement under section 131, or
(ii) if the amended statement is not so designated, at the time when the amended statement was laid before Parliament for approval under section 135(7);
(b) in the case of a decision on the review to leave the statement as it is under subsection (6)(b), at the time when that decision is taken.
(12) For the purposes of subsection (4)(d), the Parliamentary approval requirement in relation to an amended statement was not met on the last review if—
(a) on the last review of the strategy and policy statement to be held under this section, an amended statement was laid before Parliament for approval under section 135(7), but
(b) the amended statement was not designated because such approval was not given.
(1) This section sets out the requirements that must be satisfied in relation to a statement before the Secretary of State may designate it as the strategy and policy statement.
(2) In this section references to a statement include references to a statement as amended following a review under section 134(6)(a).
(3) The Secretary of State must first—
(a) prepare a draft of the statement, and
(b) issue the draft to the required consultees for the purpose of consulting them about it.
(4) The “required consultees” are—
(a) the Authority,
(aa) the Independent System Operator and Planner,
(b) the Scottish Ministers, and
(c) the Welsh Ministers.
(5) The Secretary of State must then—
(a) make such revisions to the draft as the Secretary of State considers appropriate as a result of responses to the consultation under subsection (3)(b), and
(b) issue the revised draft for the purposes of further consultation about it to the required consultees and to such other persons as the Secretary of State considers appropriate.
(6) The Secretary of State must then—
(a) make any further revisions to the draft that the Secretary of State considers appropriate as a result of responses to the consultation under subsection (5)(b), and
(b) prepare a report summarising those responses and the changes (if any) that the Secretary of State has made to the draft as a result.
(7) The Secretary of State must lay before Parliament—
(a) the statement as revised under subsection (6)(a), and
(b) the report prepared under subsection (6)(b).
(8) The statement as laid under subsection (7)(a) must have been approved by a resolution of each House of Parliament before the Secretary of State may designate it as the strategy and policy statement under section 131.
(9) The requirement under subsection (3)(a) to prepare a draft of a statement may be satisfied by preparation carried out before, as well as preparation carried out after, the passing of this Act.
136 Principal objective and general duties in preparation of statement
(1) Sections 4AA to 4B of the 1986 Act (principal objective and general duties) apply in relation to the relevant function of the Secretary of State under this Part as they apply in relation to functions of the Secretary of State under Part 1 of that Act.
(2) Sections 3A to 3D of EA 1989 (principal objective and general duties) apply in relation to the relevant function of the Secretary of State under this Part as they apply in relation to functions of the Secretary of State under Part 1 of that Act.
(3) The “relevant function” is the Secretary of State's function of determining the policy outcomes to be set out in the strategy and policy statement (whether when the statement is first prepared under this Part or when it is reviewed under section 134).
(1) The Utilities Act 2000 is amended as follows.
(2) After section 4 insert—
Information in relation to strategy and policy statement
4A (1) As soon as reasonably practicable after the designation of a statement as the strategy and policy statement, the Authority must publish a document setting out the required information in relation to the statement.
(2) The Authority must include the required information in relation to a strategy and policy statement in the forward work programme for each financial year, subject to making such modifications to the information as the Authority considers appropriate from the version as last published under this subsection.
(3) The required information in relation to a strategy and policy statement to be set out in a document or forward work programme is—
(a) the strategy the Authority intends to adopt for the purpose of furthering the delivery of the policy outcomes contained in the statement (both in respect of the year in or for which the document or programme is issued and beyond);
(b) the things the Authority proposes to do in implementing that strategy (including when the Authority proposes to do them);
(c) the ways in which the Authority has had regard to the strategic priorities contained in the statement in setting out the information required under paragraphs (a) and (b).
(4) The duty under subsection (1) does not apply if—
(a) the Authority does not think it reasonably practicable to publish the document mentioned in that subsection before the time when the Authority is next required to publish a forward work programme, and
(b) the Authority includes the required information in that forward work programme.
(5) The duty under subsection (2) does not apply in relation to the first financial year beginning after the designation of the statement if—
(a) the Authority does not think it reasonably practicable to include the required information in the forward work programme for that year, and
(b) the Authority includes the required information in a document published under subsection (1).
(6) The duty under subsection (2) does not apply in relation to a financial year if the Secretary of State gives notice to the Authority under this subsection that the statement's designation—
(a) will be withdrawn before the beginning of the year, or
(b) is expected to have been withdrawn before the beginning of the year.
(7) Subsections (4) to (6) of section 4 (notice requirements) apply to a document published under subsection (1) as they apply to a forward work programme.
(8) In this section—
“designation”, in relation to a strategy and policy statement, means designation of the statement by the Secretary of State under Part 5 of the Energy Act 2013;
“forward work programme” has the meaning given by section 4(1);
“policy outcomes”, “strategic priorities” and “strategy and policy statement” have the same meaning as in Part 5 of the Energy Act 2013.
(3) In section 5 (annual and other reports of Authority), after subsection (2) insert—
(2A) The annual report for each year shall also include a report on—
(a) the ways in which the Authority has carried out its duties under section 132(1) and (2) of the Energy Act 2013 in relation to the strategy and policy statement (so far as the statement's designation was in effect during the whole or any part of the year), and
(b) the extent to which the Authority has done the things set out under section 4A in a forward work programme or other document as the things the Authority proposed to do during that year in implementing its strategy for furthering the delivery of the policy outcomes contained in the statement (see subsection (3)(b) of that section).
(2B) The report mentioned in subsection (2A) must, in particular, include—
(a) the Authority's assessment of how the carrying out of its functions during the year has contributed to the delivery of the policy outcomes contained in the strategy and policy statement, and
(b) if the Authority has failed to do any of the things mentioned in subsection (2A)(b), an explanation for the failure and the actions the Authority proposes to take to remedy it.
(2C) In subsections (2A) and (2B)—
“forward work programme” has the meaning given by section 4(1);
“policy outcomes” and “strategy and policy statement” have the same meaning as in Part 5 of the Energy Act 2013.
(1) The following provisions are repealed (guidance about the making by the Authority of a contribution towards the attainment of social or environmental policies)—
(a) sections 4AB and 4B(1) of the 1986 Act, and
(b) sections 3B and 3D(1) of EA 1989.
(2) In section 4AA(5) of the 1986 Act, after “(2),” insert “ and to section 132(2) of the Energy Act 2013 (duty to carry out functions in manner best calculated to further delivery of policy outcomes) ”.
(3) In section 3A(5) of EA 1989, after “(2),” insert “ and to section 132(2) of the Energy Act 2013 (duty to carry out functions in manner best calculated to further delivery of policy outcomes) ”.
(4) In the 1986 Act—
(a) in section 4AA(7), for “sections 4AB and 4A” substitute “ section 4A ”;
(b) in section 7B(4), in paragraph (a) omit “, 4AB”;
(c) in section 23D(2)—
(i) at the end of paragraph (b) omit “and”,
(ii) in paragraph (c) for “sections 4AB and” substitute “ section ”, and
(iii) at the end of paragraph (c) insert
; and
(d) in the performance of its duties under section 132(1) and (2) of the Energy Act 2013.
;
(d) in section 28(5), in paragraph (a) omit “, 4AB”;
(e) in section 38(1A), omit “, 4AB”;
(f) in section 41E(6)—
(i) omit paragraph (b), and
(ii) at the end of paragraph (c) insert
; and
(d) any statement for the time being designated as the strategy and policy statement for the purposes of Part 5 of the Energy Act 2013.
(5) In EA 1989—
(a) in section 3A(7), for “sections 3B and 3C” substitute “ section 3C ”;
(b) in section 11E(2)—
(i) at the end of paragraph (b) omit “and”,
(ii) in paragraph (c) for “sections 3B and 3C” substitute “ section 3C ”, and
(iii) at the end of paragraph (c) insert
; and
(d) in the performance of its duties under section 132(1) and (2) of the Energy Act 2013.
;
(c) in section 28(2A), omit “, 3B”;
(d) in section 56C(6)—
(i) omit paragraph (b), and
(ii) at the end of paragraph (c) insert
; and
(d) any statement for the time being designated as the strategy and policy statement for the purposes of Part 5 of the Energy Act 2013.
139 Power to modify energy supply licences: domestic supply contracts
(1) The Secretary of State may modify—
(a) a condition of a particular licence under section 7A(1) of the Gas Act 1986 (supply licences);
(b) the standard conditions incorporated in licences under that provision by virtue of section 8 of that Act;
(c) a condition of a particular licence under section 6(1)(d) of EA 1989 (supply licences);
(d) the standard conditions incorporated in licences under that provision by virtue of section 8A of that Act;
by making provision of any of the kinds specified in subsection (2).
(2) The kinds of provision mentioned in subsection (1) are—
(a) provision requiring a licence holder to adopt one or more standard domestic tariffs;
(b) provision for restricting the number of domestic tariffs, or domestic tariffs of a particular category, a licence holder may adopt;
(c) provision about discretionary terms (which may in particular require the same discretionary terms to be offered in connection with, or incorporated into, all domestic supply contracts of any particular category);
(d) provision for requiring a licence holder to provide information about its domestic tariffs and other supply contract terms, which may include information for enabling or facilitating the comparison—
(i) of different domestic tariffs or supply contract terms of the licence holder;
(ii) of domestic tariffs and supply contract terms of different licence holders;
(e) provision for requiring a licence holder to change the domestic tariff on which it supplies gas or electricity to a domestic customer who is on a closed tariff by—
(i) switching to a different domestic tariff for the time being offered by the licence holder, unless the customer objects, or
(ii) offering the customer, or inviting the customer to switch to, a different domestic tariff for the time being offered by the licence holder;
(f) provision for requiring a licence holder to provide information to domestic customers about the licence holder's costs, or profit, attributable to its domestic supply contracts, which may, in particular, include information about—
(i) particular kinds of those costs, and
(ii) the extent to which domestic customers' costs are attributable to any of those kinds of costs, or to profit.
(3) Any limit imposed by virtue of subsection (2)(b) on the number of tariffs, or tariffs of any category, that a licence holder may adopt must be greater than the number of standard domestic tariffs, or (as the case may be) standard domestic tariffs of that category, that the licence holder is required to adopt.
(4) Provision that may be included in a licence by virtue of subsection (2)(d) may in particular require a licence holder to provide each domestic customer with information—
(a) about the customer's existing domestic tariff and supply contract terms;
(b) about the expected cost to the customer of supplies under the customer's existing domestic supply contract and on one or more other domestic tariffs (including the lowest domestic tariff for the customer) or other supply contract terms of the licence holder;
(c) about how to switch to different supply contract terms.
(5) Provision that may be included in a licence by virtue of subsection (2)(d) or (f) may in particular—
(a) require information to be provided in a form that is clear and easy to understand;
(b) make provision about the times at which information is to be provided;
(c) make provision about the format in which information is to be provided, which may in particular require information about a domestic tariff or supply contract terms to be provided in the form of a single figure or set of figures;
(d) make provision about the way in which information is to be provided, which may in particular require information to be provided—
(i) by means of a code or otherwise using a format readable by an electronic device, or
(ii) in a way which facilitates processing of the information by means of an electronic device.
(6) Provision included in a licence by virtue of the power in subsection (1)—
(a) may make provision for determining when a licence holder is, or is not, to be regarded as offering to supply gas or electricity on a particular tariff (or as offering other terms in connection with domestic supply contracts) for the purpose of a relevant provision;
(b) may make provision for supplies (or proposed supplies) of gas or electricity to be regarded as being on the same tariff or different tariffs for the purpose of a relevant provision;
(c) may make provision for specifying how any domestic tariff (including a licence holder's lowest domestic tariff for a customer), or other supply contract terms, is or are to be identified for the purpose of any relevant provision;
(d) may make provision about the calculation or estimation of any amount or figure for the purpose of a relevant provision, which may, in particular, include provision—
(i) about assumptions to be made;
(ii) requiring information about a customer's circumstances or previous consumption of gas or electricity to be taken into account;
(e) may confer functions on the Secretary of State or the Authority;
(f) may make different provision for different kinds of domestic customers or different supply contract terms, or otherwise in relation to different cases;
(g) may make provision generally or only in relation to specified categories of domestic customers, domestic tariffs or domestic supply contracts or otherwise only in relation to specified cases or subject to exceptions;
(h) need not relate to the activities authorised by the licence;
(i) may do any of the things authorised for licences of that type by section 7B(5)(a), (6) or (7) of the Gas Act 1986 or section 7(3), (4), (5) or (6A) of EA 1989.
(7) The power in subsection (1)—
(a) may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);
(b) may be exercised differently in different cases or circumstances;
(c) includes a power to make incidental, supplementary or consequential modifications.
(8) In this section—
“closed tariff” means a domestic tariff on which a licence holder—
supplies gas or electricity to customers under existing domestic supply contracts, but
no longer offers to supply gas or electricity to customers who are not already on the tariff;
“discretionary terms”, in relation to a domestic supply contract (or proposed domestic supply contract), means the supply contract terms other than the principal terms;
“domestic customer” means a customer under a domestic supply contract;
“domestic supply contract” means a contract for the supply of gas or electricity at domestic premises wholly or mainly for domestic purposes;
“domestic tariff” means the set of principal terms of a domestic supply contract (or proposed domestic supply contract);
“modify” includes amend, add to or remove, and references to modifications are to be construed accordingly;
“the principal terms”, in relation to a domestic supply contract, means the terms of the contract of the types specified in an order under subsection (11);
“relevant provision” means any provision included in a licence by virtue of subsection (1);
“standard domestic tariff” means a domestic tariff some or all of whose terms are specified by, or in accordance with, a relevant provision;
“supply contract terms” means the terms and conditions of a domestic supply contract.
(9) For the purposes of the definition of “standard domestic tariff”, the terms that may be specified by, or in accordance with, a relevant provision—
(a) may include a term providing for a charge or rate to be fixed for a period to be determined by the licence holder, but
(b) may not include any term setting the amount of a charge or rate or otherwise specifying how it is to be determined.
(10) For the purposes of this section—
(a) gas or electricity is supplied on a tariff if the supply is made under a contract whose principal terms are the terms of the tariff,
(b) a domestic customer is on a particular domestic tariff if gas or electricity is supplied to the customer on that tariff, and
(c) a licence holder adopts a tariff if it supplies or offers to supply gas or electricity on that tariff (and references to adopting a tariff include references to doing either or both of them).
(11) The Secretary of State may by order specify types of terms of domestic supply contracts which are the principal terms of such contracts.
(12) An order under subsection (11) may—
(a) include incidental, supplementary and consequential provision;
(b) make transitory or transitional provision or savings;
(c) make different provision for different domestic supply contracts or otherwise for different purposes;
(d) make provision subject to exceptions.
(13) An order under subsection (11) is to be made by statutory instrument.
(14) A statutory instrument containing an order under subsection (11) is subject to annulment in pursuance of an order of either House of Parliament.
(1) Before making modifications of a licence under section 139(1) the Secretary of State must consult—
(a) the holder of any licence being modified,
(b) the Authority, and
(c) such other persons as the Secretary of State considers it appropriate to consult.
(2) Subsection (1) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
(3) Before making modifications under section 139(1) the Secretary of State must lay a draft of the modifications before Parliament.
(4) If, within the 40-day period, either House of Parliament resolves not to approve the draft, the Secretary of State may not take any further steps in relation to the proposed modifications.
(5) If no such resolution is made within that period, the Secretary of State may make the modifications in the form of the draft.
(6) Subsection (4) does not prevent a new draft of proposed modifications being laid before Parliament.
(7) In this section “40-day period”, in relation to a draft of proposed modifications, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).
(8) For the purposes of calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
(9) The Secretary of State must publish details of any modifications made under section 139(1) as soon as reasonably practicable after they are made.
(10) Where the Secretary of State makes a modification of the standard conditions of a licence of any type, the Authority must—
(a) make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
(b) publish the modification.
(11) A modification of part of a standard condition of a particular 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 or Part 1 of EA 1989.
(12) The power in section 139(1) may not be exercised after 31 December 2018.
(1) Sections 4AA to 4B of the Gas Act 1986 (principal objective and general duties) apply in relation to functions of the Secretary of State under section 139 or 140 of this Act with respect to holders of licences under section 7A(1) of that Act as they apply in relation to functions of the Secretary of State under Part 1 of that Act.
(2) Sections 3A to 3D of EA 1989 (principal objective and general duties) apply in relation to functions of the Secretary of State under section 139 or 140 of this Act with respect to holders of licences under section 6(1)(d) of that Act as they apply in relation to functions of the Secretary of State under Part 1 of that Act.
(1) The Utilities Act 2000 is amended as follows.
(2) In section 33 (standard conditions of electricity licences), in subsection (1)(f), omit “76 or”.
(3) In section 81 (standard conditions of gas licences), in subsection (2), for “or under Chapter 1 of Part 1 or section 76 or 98 of the Energy Act 2011” substitute “ , under Chapter 1 of Part 1 or section 98 of the Energy Act 2011 or under section 139 of the Energy Act 2013 ”.
(4) In the Energy Act 2011, sections 76 to 78 (power to modify energy supply licences: information about tariffs) are repealed.
143 Powers to alter activities requiring licence: activities related to supply contracts
(1) In section 41C of the Gas Act 1986 (power to alter activities requiring licence), after subsection (4) insert—
(4A) For the purposes of subsection (4), activities connected with the supply of gas include the following activities, whether or not carried on by a person supplying gas—
(a) giving advice, information or assistance in relation to contracts for the supply of gas to persons who are or may become customers under such contracts, and
(b) the provision of any other services to such persons in connection with such contracts.
(2) In section 56A of EA 1989 (power to alter activities requiring licence), after subsection (4) insert—
(4A) For the purposes of subsection (4), activities connected with the supply of electricity include the following activities, whether or not carried on by a person supplying electricity—
(a) giving advice, information or assistance in relation to contracts for the supply of electricity to persons who are or may become customers under such contracts, and
(b) providing any other services to such persons in connection with such contracts.
Schedule 14 (which enables the Authority to impose requirements on a regulated person to take remedial action in respect of loss, damage or inconvenience caused to consumers of gas or electricity) has effect.
(1) The Warm Homes and Energy Conservation Act 2000 is amended as follows.
(2) After section 1 insert—
Objective for addressing fuel poverty: England
1A (1) The Secretary of State must make regulations setting out an objective for addressing the situation of persons in England who live in fuel poverty.
(2) The regulations must specify a target date for achieving the objective.
(3) Regulations under this section must be made by statutory instrument; and a statutory instrument containing such regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(4) The Secretary of State must lay a draft of the instrument before each House of Parliament within 6 months of the day on which section 145 of the Energy Act 2013 comes into force.
Strategy relating to fuel poverty: England
1B (1) The Secretary of State must prepare and publish a strategy setting out the Secretary of State's policies for achieving the objective set out in regulations under section 1A by the target date specified in the regulations.
(2) The strategy must be published within 6 months of the day on which the first regulations under section 1A come into force.
(3) The strategy must—
(a) describe the households to which it applies,
(b) specify a comprehensive package of measures for achieving the objective by the target date, and
(c) specify interim objectives to be achieved and target dates for achieving them.
(4) The Secretary of State must take such steps as are in the Secretary of State's opinion necessary to implement the strategy.
(5) The Secretary of State must—
(a) from time to time assess the impact of steps taken under subsection (4) and the progress made in achieving the objectives and meeting the target dates,
(b) make any revision of the strategy which the Secretary of State thinks appropriate in consequence of the assessment,
(c) from time to time publish reports on such assessments.
(6) If—
(a) further regulations under section 1A are made revising an objective or the target date for achieving it, and
(b) the Secretary of State considers that changes to the strategy are necessary or desirable as a result of those regulations,
the Secretary of State must revise the strategy within 6 months of the day on which those regulations come into force.
(7) If the Secretary of State revises the strategy, the Secretary of State must publish the strategy as revised.
(8) In preparing the strategy or any revision of the strategy, the Secretary of State must consult—
(a) local authorities or associations of local authorities,
(b) persons appearing to the Secretary of State to represent the interests of persons living in fuel poverty,
(c) the Gas and Electricity Markets Authority, and
(d) such other persons as the Secretary of State thinks fit.
(3) In section 2—
(a) in the title, after “poverty” insert “ : Wales ”;
(b) in subsection (1), after “strategy” insert “ as respects Wales ”;
(c) in subsection (2)(d), omit “England or”;
(d) in subsection (8)—
(i) in the definition of “the appropriate authority”, omit paragraph (a), and
(ii) in the definition of “the relevant commencement”, omit paragraph (a).
146 Feed-in tariffs: increase in maximum capacity of plant
In section 41 of the Energy Act 2008 (power to amend licence conditions etc: feed-in tariffs), in subsection (4), in the definition of “specified maximum capacity” for “5” substitute “ 10 ”.
(1) EA 1989 is amended as follows.
(2) In section 4 (prohibition on unlicensed supply), after subsection (3A) insert—
(3AA) Subsection (3A) is subject to section 6F (offshore transmission during commissioning period).
(3) After section 6E insert—
Offshore transmission during commissioning period
6F (1) For the purposes of this Part a person is not to be regarded as participating in the transmission of electricity if the following four conditions are met.
(2) The first condition is that the transmission takes place over an offshore transmission system (“the system”) or anything forming part of it.
(3) The second condition is that the transmission takes place during a commissioning period (see section 6G).
(4) The third condition is that—
(a) a request has been made to the Authority in accordance with the tender regulations for a tender exercise to be held for the granting of an offshore transmission licence in respect of the system,
(b) the Authority has determined in accordance with those regulations that the request relates to a qualifying project, and
(c) the system, or anything forming part of it, has not been transferred as a result of the exercise to the successful bidder.
(5) The fourth condition is that—
(a) the person who is the developer in relation to the tender exercise is also the operator of a relevant generating station, and
(b) the construction or installation of the system is being or has been carried out by or on behalf of, or by or on behalf of a combination of, any of the following—
(i) the person mentioned in paragraph (a);
(ii) a body corporate associated with that person at any time during the period of construction or installation;
(iii) a previous developer;
(iv) a body corporate associated with a previous developer at any time during the period of construction or installation.
(6) For the purposes of subsection (1), it does not matter whether or not the person mentioned in that subsection is the developer in relation to the tender exercise.
(7) For the purposes of subsection (5)(b)(iii) and (iv), a person is a “previous developer” in relation to the system if—
(a) the person does not fall within subsection (5)(a), but
(b) at any time during the period of construction or installation, the person was the developer in relation to the tender exercise.
(8) In this section—
“associated”, in relation to a body corporate, is to be construed in accordance with paragraph 37 of Schedule 2A;
“developer”, in relation to a tender exercise, means any person within section 6D(2)(a) (person who makes the connection request, including any person who is to be so treated by virtue of section 6D(4));
“offshore transmission” has the meaning given by section 6C(6);
“offshore transmission licence” has the meaning given by section 6C(5);
“offshore transmission system” means a transmission system used for purposes connected with offshore transmission;
“operator”, in relation to a generating station, means the person who is authorised to generate electricity from that station—
by a generation licence granted under section 6(1)(a), or
in accordance with an exemption granted under section 5(1);
“qualifying project” is to be construed in accordance with the tender regulations;
“successful bidder” and “tender exercise” have the same meanings as in section 6D;
“relevant generating station”, in relation to an offshore transmission system, means a generating station that generates electricity transmitted over the system;
“the tender regulations” means regulations made under section 6C.
Section 6F: meaning of “commissioning period”
6G (1) For the purposes of section 6F(3), transmission over an offshore transmission system (or anything forming part of it) takes place during a “commissioning period” if it takes place at any time—
(a) before a completion notice is given in respect of the system, or
(b) during the period of 18 months beginning with the day on which such a notice is given.
(2) A “completion notice”, in relation to a transmission system, is a notice which—
(a) is given to the Authority by the relevant co-ordination licence holder in accordance with the co-ordination licence, and
(b) states that it would be possible to carry on an activity to which section 4(1)(b) applies by making available for use that system.
(3) The Secretary of State may by order amend subsection (1) so as to specify a period of 12 months in place of the period of 18 months.
(4) An order under subsection (3) may be made only so as to come into force during the period—
(a) beginning 2 years after the day on which section 147 of the Energy Act 2013 comes into force, and
(b) ending 5 years after that day.
(5) An amendment made by an order under subsection (3) does not apply in relation to any transmission of electricity over a transmission system if—
(a) but for the making of the order, the person participating in the transmission would, by virtue of section 6F, have been regarded as not participating in the transmission, and
(b) the determination mentioned in subsection (4)(b) of that section in relation to the system was made on or before the day on which the order is made.
(6) In this section—
“co-ordination licence” has the same meaning as in Schedule 2A (see paragraph 38(1) of that Schedule);
“relevant co-ordination licence-holder” has the meaning given by paragraph 13(4) of Schedule 2A.
Sections 6F and 6G: modification of codes or agreements
6H (1) The Authority may—
(a) modify a code maintained in accordance with the conditions of a transmission licence or a distribution licence;
(b) modify an agreement that gives effect to a code so maintained.
(2) The Authority may make a modification under subsection (1) only if it considers it necessary or desirable for the purpose of implementing or facilitating the operation of section 6F or 6G.
(3) The power to make modifications under subsection (1) includes a power to make incidental, supplemental, consequential or transitional modifications.
(4) The Authority must consult such persons as the Authority considers appropriate before making a modification under subsection (1).
(5) Subsection (4) may be satisfied by consultation before, as well as consultation after, the passing of the Energy Act 2013.
(6) As soon as reasonably practicable after making a modification under subsection (1), the Authority must publish a notice stating its reasons for making it.
(7) A notice under subsection (6) is to be published in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by it.
(8) A modification under subsection (1) may not be made after the end of the period of 7 years beginning with the day on which section 147 of the Energy Act 2013 comes into force.
(4) In section 64 (interpretation of Part 1), in subsection (1B) at the end insert “ and section 6F ”.
148 Fees for services provided for energy resilience purposes
(1) The Secretary of State may require fees to be paid for services or facilities provided or made available by the Secretary of State in the exercise of energy resilience powers.
(2) “Energy resilience powers” are any powers exercised by the Secretary of State for the purposes of, or in connection with, preventing or minimising disruption to the energy sector in Great Britain (including disruption to the supply of fuel in Great Britain).
(3) The amount of any fee charged under this section is—
(a) such amount as may be specified in, or determined by or in accordance with, regulations made by the Secretary of State, or
(b) if no such regulations are made, an amount specified in, or determined by or in accordance with, a direction given by the Secretary of State for the purposes of this section.
(4) Regulations or a direction under this section may provide for the amounts of fees to be different in different cases and, in particular, for fees in respect of the exercise of the same power to be of different amounts in different circumstances.
(5) Regulations under subsection (3)(a) must be made by statutory instrument and any such instrument is subject to annulment in pursuance of a resolution of either House of Parliament.
(6) The Secretary of State must lay before Parliament a statement of any fees specified in, or determined by or in accordance with, a direction given under subsection (3)(b).
149 Fees in respect of decommissioning and clean-up of nuclear sites
(1) Chapter 1 of Part 3 of the Energy Act 2008 (nuclear sites: decommissioning and clean-up) is amended as follows.
(2) After section 45 (duty to submit funded decommissioning programme) insert—
Costs incurred in considering proposed programmes
45A (1) A person who informs the Secretary of State of a proposal to submit a funded decommissioning programme under section 45 must pay to the Secretary of State such fee as may be determined in accordance with regulations under section 54, in respect of the costs mentioned in subsection (2), at a time determined in accordance with such regulations.
(2) The costs are those incurred by the Secretary of State in relation to the consideration of the proposed programme (or any particular aspect of it), including, in particular, the costs of obtaining advice in relation to it.
(3) In section 46 (approval of programme), after subsection (3G) insert—
(3H) Where the Secretary of State makes or amends an agreement under subsection (3A), or it is proposed that such an agreement be made or amended, the site operator must pay to the Secretary of State such fee as may be determined in accordance with regulations under section 54, in respect of the costs mentioned in subsection (3I), at a time determined in accordance with such regulations.
(3I) The costs are those incurred by the Secretary of State in relation to the consideration of the agreement or amendment, including, in particular, the costs of obtaining advice in relation to the agreement or amendment.
(4) In section 49 (procedure for modifying approved programme)—
(a) in subsection (3), after “made,” insert “ or advice is sought from the Secretary of State about the making of a proposal, ”, and
(b) in subsection (4), in the opening words after “proposal” insert “ (or the making of a proposal) ”.
(5) In section 66 (disposal of hazardous material), after subsection (3) insert—
(3A) The Secretary of State may make regulations providing for a person who makes a proposal to the Secretary of State to enter an agreement of the kind mentioned in subsection (1), or proposes an amendment to such an agreement, to pay a fee to the Secretary of State in respect of the costs incurred in relation to the consideration of the proposal, including, in particular, the costs of obtaining advice in relation to it.
(3B) The regulations may, in particular, make provision about—
(a) when the fee is to be paid;
(b) how the amount of the fee is to be determined.
(1) The Secretary of State may by regulations make provision imposing duties on a relevant landlord of residential premises in England for the purposes of ensuring that, during any period when the premises are occupied under a tenancy—
(a) the premises are equipped with a required alarm (or required alarms), and
(b) checks are made by or on behalf of the landlord in accordance with the regulations to ensure that any such alarm remains in proper working order.
(2) “Required alarm” means—
(a) a smoke alarm, or
(b) a carbon monoxide alarm,
that meets the appropriate standard.
(3) Regulations may include provision about—
(a) the interpretation of terms used in subsections (1) and (2);
(b) the enforcement of any duty imposed by regulations.
(4) Provision made by virtue of subsection (3)(b) may in particular—
(a) confer functions on local housing authorities in England;
(b) require a landlord who contravenes any such duty to pay a financial penalty.
(5) Provision about penalties made by virtue of subsection (4)(b) includes provision—
(a) about the procedure to be followed in imposing penalties;
(b) about the amount of penalties;
(c) conferring rights of appeal against penalties;
(d) for the enforcement of penalties;
(e) about the application of sums paid by way of penalties (and such provision may permit or require the payment of sums into the Consolidated Fund).
(6) Regulations may—
(a) include incidental, supplementary and consequential provision;
(b) make transitory or transitional provision or savings;
(c) make different provision for different cases or circumstances or for different purposes;
(d) make provision subject to exceptions.
(7) Consequential provision made by virtue of subsection (6)(a) may amend, repeal or revoke any provision made by or under an Act.
(8) Regulations are to be made by statutory instrument.
(9) An instrument containing regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(10) Subject to provision contained in regulations, in this section—
“the appropriate standard”, in relation to a smoke alarm or a carbon monoxide alarm, means the standard (if any) that is specified in, or determined under, regulations;
“local housing authority” has the meaning given in section 261(2) of the Housing Act 2004;
“premises” includes land, buildings, moveable structures, vehicles and vessels;
“regulations” means regulations under this section;
“relevant landlord” means a landlord in respect of a tenancy of residential premises in England who is of a description specified in regulations;
“residential premises” means premises all or part of which comprise a dwelling;
“tenancy” includes any lease, licence, sub-lease or sub-tenancy (and “landlord” is to be read accordingly).
(1) As soon as reasonably practicable after the end of the period of 5 years beginning with the relevant commencement date, the Secretary of State must carry out a review of—
(a) section 144 and Schedule 14 (consumer redress orders);
(b) section 149 (fees in respect of decommissioning etc).
(2) The relevant commencement date—
(a) in relation to section 144 and Schedule 14, is the date on which that section and Schedule come into force;
(b) in relation to section 149, is the date on which that section comes into force.
(3) The Secretary of State must set out the conclusions of the review in a report.
(4) The report must, in particular—
(a) set out the objectives of the provisions subject to review,
(b) assess the extent to which those objectives have been achieved, and
(c) assess whether those objectives remain appropriate and, if so, the extent to which those objectives could be achieved in a way that imposes less regulation.
(5) The Secretary of State must lay the report before Parliament.
(1) In this Act—
“the Authority” means the Gas and Electricity Markets Authority;
“EA 1989” means the Electricity Act 1989;
“functions” includes powers and duties;
“primary legislation” means—
an Act of Parliament,
an Act of the Scottish Parliament,
an Act or Measure of the National Assembly for Wales, or
Northern Ireland legislation.
(2) A reference in this Act to—
(a) the Department of Enterprise, Trade and Investment, or
(b) the Department of Environment,
is to that Department in Northern Ireland.
(1) This section applies in relation to a scheme made by the Secretary of State under any of the following provisions (a “transfer scheme”)—
(a) Schedule 1;
(b) paragraph 16 of Schedule 2;
(c) Schedule 3;
(d) Schedule 11;
(e) Schedule 13.
(2) Subject to subsection (3), the Secretary of State may modify a transfer scheme.
(3) If a transfer under the scheme has taken effect, any modification under subsection (2) that relates to the transfer may be made only with the agreement of the person (or persons) affected by the modification.
(4) A modification takes effect from such date as the Secretary of State may specify; and that date may be the date when the original scheme came into effect.
(5) A transfer scheme may—
(a) include incidental, supplementary and consequential provision;
(b) make transitory or transitional provision or savings;
(c) make different provision for different cases or circumstances or for different purposes;
(d) make provision subject to exceptions.
(6) In the provisions mentioned in subsection (1), “subordinate legislation” means—
(a) subordinate legislation within the meaning of the Interpretation Act 1978 (see section 21(1) of that Act), or
(b) an instrument made under—
(i) an Act of the Scottish Parliament,
(ii) an Act or Measure of the National Assembly for Wales, or
(iii) Northern Ireland legislation.
(1) 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 Authority by virtue of this Act;
(c) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(2) The expenditure referred to in subsection (1)(a) includes expenditure incurred by the Secretary of State for the purposes of, or in connection with—
(a) the establishment of a CFD counterparty;
(b) making payments or providing financial assistance to a CFD counterparty;
(c) obtaining advice and assistance in relation to the exercise of functions conferred on the Secretary of State by or by virtue of Chapter 2 or 3 of Part 2;
(d) making payments or providing financial assistance to a settlement body in relation to capacity agreements (see section 28(4)(g));
(e) making payments or providing financial assistance to the national system operator, a person or body on whom a function is conferred by virtue of section 35 or an alternative delivery body in connection with the exercise of EMR functions.
(3) Financial assistance or payments includes financial assistance or payments given subject to such conditions as may be determined by, or in accordance with arrangements made by, the Secretary of State; and such conditions may in particular in the case of a grant include conditions for repayment in specified circumstances.
(4) In this section—
“alternative delivery body” and “EMR functions” have the same meaning as in section 46;
“CFD counterparty” and “national system operator” have the same meaning as in Chapter 2 of Part 2;
“financial assistance” means grants, loans, guarantees or indemnities, or any other kind of financial assistance.
(1) Subject to the rest of this section, this Act extends to England and Wales and Scotland.
(2) The following also extend to Northern Ireland—
(a) Part 1 (decarbonisation);
(b) in Part 2—
(i) Chapter 1 (general considerations),
(ii) Chapter 2 (contracts for difference),
(iii) Chapter 4 (investment contracts),
(iv) section 56 (transition to certificate purchase scheme),
(v) Chapter 8 (emissions performance standard), and
(vi) section 63 (exemption from liability in damages);
(c) subject to subsections (6) and (7), Part 3 (nuclear regulation);
(d) this Part.
(3) Section 55(4) extends to Northern Ireland only.
(4) Sections 145 and 150 extend to England and Wales only.
(5) Section 149 extends to England and Wales and Northern Ireland only.
(6) Part 2 of Schedule 8 extends to England and Wales and Scotland only.
(7) The amendments made by Schedule 12 have the same extent as the provisions they amend, except that—
(a) paragraph 25 (amendment to section 24A of the Nuclear Installations Act 1965 as it has effect in England and Wales and Scotland) extends to England and Wales and Scotland only;
(b) the other amendments in that Schedule of the Nuclear Installations Act 1965 extend to England and Wales, Scotland and Northern Ireland only;
(c) paragraphs 39 to 49 (amendments of the Nuclear Safeguards and Electricity (Finance) Act 1978 and Nuclear Safeguards Act 2000) extend to England and Wales, Scotland and Northern Ireland only;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint, subject to subsections (2) and (3).
(2) The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
(a) Chapter 5 of Part 2 (conflicts of interest and contingency arrangements);
(b) Chapter 6 of Part 2 (access to markets);
(c) section 56 (transition to certificate purchase scheme);
(d) Chapter 8 of Part 2 (emissions performance standard);
(e) Part 5 (strategy and policy statement), other than section 138(1), (4) and (5);
(f) sections 139 to 142 (domestic tariffs: modifications of energy supply licences);
(g) section 143 (powers to alter activities requiring licences: activities related to supply contracts);
(h) section 144 (consumer redress orders);
(i) section 145 (fuel poverty);
(j) section 146 (feed-in tariffs: increase in maximum capacity of plant);
(k) section 147 (offshore transmission systems);
(l) section 149 (fees in respect of decommissioning and clean-up of nuclear sites).
(3) The following provisions come into force on the day on which this Act is passed—
(a) Part 1 (decarbonisation);
(b) Chapter 1 of Part 2 (general considerations);
(c) Chapter 2 of Part 2 (contracts for difference);
(d) Chapter 3 of Part 2 (capacity market);
(e) Chapter 4 of Part 2 (investment contracts);
(f) section 55 (closure of support under the renewables obligation);
(g) Chapter 9 of Part 2 (miscellaneous);
(h) section 113 (subordinate legislation under Part 3);
(i) section 114(1) (power to make transitional provision in relation to Part 3);
(j) section 115 (transfer of staff etc for purposes of Part 3);
(k) section 116(2) (power to make consequential amendments in relation to Part 3);
(l) section 118 (review of Part 3);
(m) section 151 (review of certain provisions of Part 6);
(n) the provisions of this Part (including this section).
(4) An order under subsection (1) may—
(a) appoint different days for different purposes;
(b) make transitional provision and savings.