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In force since 2025-11-13, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) ... Schedule 4A to this Act has effect. (2A) Except where specified otherwise in Schedule 4A, the functions of the CMA with respect to an appeal under section 23B are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
Propose a change(1) This section applies to every appeal brought under section 23B. (2) In determining an appeal the CMA must have regard, to the same extent as is required of the Authority, to the matters to which the Authority must have regard— (a) in the carrying out of its principal objective under section 4AA; (b) in the performance of its duties under that section; and (c) in the performance of its duties under sections 4AB and 4A. (3) In determining the appeal the CMA — (a) may have regard to any matter to which the Authority was not able to have regard in relation to the decision which is the subject of the appeal; but (b) must not, in the exercise of that power, have regard to any matter to which the Authority would not have been entitled to have regard in reaching its decision had it had the opportunity of doing so. (4) The CMA may allow the appeal only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds— (a) that the Authority failed properly to have regard to any matter mentioned in subsection (2); (b) that the Authority failed to give the appropriate weight to any matter mentioned in subsection (2); (c) that the decision was based, wholly or partly, on an error of fact; (d) that the modifications fail to achieve, in whole or in part, the effect stated by the Authority by virtue of section 23(7)(b); (e) that the decision was wrong in law. (5) To the extent that the CMA does not allow the appeal, it must confirm the decision appealed against.
Propose a change(1) This section applies where the CMA allows an appeal to any extent. (2) If the appeal is in relation to a price control decision, the CMA must do one or more of the following— (a) quash the decision (to the extent that the appeal is allowed); (b) remit the matter back to the Authority for reconsideration and determination in accordance with any directions given by the CMA ; (c) substitute the CMA's decision for that of the Authority (to the extent that the appeal is allowed) and give any directions to the Authority or any other party to the appeal. (3) If the appeal is in relation to any other decision, the CMA must do one or both of the following— (a) quash the decision (to the extent that the appeal is allowed); (b) remit the matter back to the Authority for reconsideration and determination in accordance with any directions given by the CMA . (4) A direction under subsection (2) or (3) must not require a person to do anything that the person would not have power to do (apart from the direction). (5) A person to whom a direction is given under that subsection must comply with it. (6) A direction given under that subsection to a person other than the Authority is enforceable as if it were an order of the High Court or (in Scotland) an order of the Court of Session. (7) For the purposes of this section a decision is a price control decision, in relation to the modification of a condition of a licence, if the purpose of the condition is, in the CMA's opinion, to limit or control the charges on, or the revenue of, the holder of the licence. (8) In determining for the purposes of subsection (7) what the purpose of a condition is the condition may be assessed on its own or in combination with any other conditions of the licence. (9) In this section and sections 23F and 23G any reference to a party to an appeal is to be read in accordance with Schedule 4A.
Propose a change(1) The CMA must— (a) determine an appeal against a price control decision within the period of 6 months beginning with the permission date; (b) determine an appeal against any other decision within the period of 4 months beginning with the permission date. (2) Subsection (1)(a) or (b) does not apply if subsection (3) applies. (3) This subsection applies where— (a) the CMA has received representations on the timing of the determination from a party to the appeal; and (b) it is satisfied that there are special reasons why the determination cannot be made within the period specified in subsection (1)(a) or (b). (4) Where subsection (3) applies, the CMA must— (a) determine an appeal against a price control decision within the period specified by it, not being longer than the period of 7 months beginning with the permission date; (b) determine an appeal against any other decision within the period specified by it, not being longer than the period of 5 months beginning with the permission date. (5) Where subsection (3) applies, the CMA must also— (a) inform the parties to the appeal of the time limit for determining the appeal, and (b) publish that time limit in such manner as it considers appropriate for the purpose of bringing it to the attention of any other persons likely to be affected by the determination. (6) In this section “price control decision” is to be read in accordance with section 23E. (7) References in this section to the permission date are to the date on which the CMA gave permission to bring the appeal in accordance with section 23B(3).
Propose a change(1) A determination by the CMA on an appeal— (a) must be contained in an order made by the CMA ; (b) must set out the reasons for the determination; (c) takes effect at the time specified in the order or determined in accordance with provision made in the order; (d) must be notified by the CMA to the parties to the appeal; (e) must be published by the CMA — (i) as soon as reasonably practicable after the determination is made; (ii) in such manner as the CMA considers appropriate for the purpose of bringing the determination to the attention of any person likely to be affected by it (other than a party to the appeal). (2) The CMA may exclude from publication under subsection (1)(e) any information which it is satisfied is— (a) commercial information, the disclosure of which would, or might in the CMA's opinion, significantly harm the legitimate business interests of an undertaking to which it relates; or (b) information relating to the private affairs of an individual, the disclosure of which would, or might in the CMA's opinion, significantly harm the individual’s interests. (3) The Authority must take such steps as it considers requisite for it to comply with an order of the CMA made by virtue of subsection (1)(a). (4) The steps must be taken— (a) if a time is specified in (or is to be determined in accordance with) the order, within that time; (b) in any other case, within a reasonable time. (5) Subsections (2) to (4) of section 23A apply where a condition of a licence is modified in accordance with section 23E as they apply where a condition of a licence is modified under section 23.
Propose a change(1) Where the CMA or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of— (a) the conditions of a particular licence; or (b) the standard conditions of licences under section 7 above, licences under section 7ZA above, licences under subsection (1) of section 7A above or licences under subsection (2) of that section or licences under section 7AC above, to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order. (1ZA) In subsection (1) above “relevant order” means— (a) an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where— (i) one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a licence; or (ii) one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a licence; or (b) an order under section 160 or 161 of that Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to— (i) activities authorised or regulated by a licence; or (ii) the storage of gas on terms which have been determined by the holder of a licence under section 7 above, or could have been determined by the holder if he had thought fit or had been required to determine them by or under a condition of the licence. (1A) The modification under subsection (1)(a) of part of a standard condition of a particular licence in consequence of a reference under section 24(1) shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part. (2) Where at any time the relevant authority modifies under subsection (1)(b) above the standard conditions of licences under section 7 above, licences under section 7ZA above, licences under subsection (1) of section 7A above or licences under subsection (2) of that section, the relevant authority — (a) shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences under that section or, as the case may be, that subsection granted after that time; and (b) may, after consultation with the Director, make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any conditions of licences under that provision granted before that time. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Where at any time the relevant authority modifies standard conditions under subsection (2)(a) above for the purposes of their incorporation in licences granted after that time, the relevant authority shall publish those modifications in such manner as the relevant authority considers appropriate. (6) Expressions used in subsection (1ZA) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.
Propose a change(1) Subject to subsection (2) below, any dispute arising under section 9(1)(b) or (2), 10 or 11 above, regulations under section 10 above, or any provision of paragraphs 2, 3, 15 or 16 of Schedule 2B to this Act, between a gas transporter or gas supplier and a person who is, or wishes to become, a customer of a person authorised by a licence or exemption to supply gas— (a) may be referred to the 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 either by the Director, or if he thinks fit by an arbitrator (or in Scotland arbiter) appointed by him. (2) No dispute which— (a) arises under section 9(1)(b) above and relates to the connection of any premises to a pipe-line system operated by a gas transporter; or (b) arises under section 10 above, or regulations under that section, and relates to the connection of any premises to a main of such a transporter, may be referred to the Director after the end of the period of 12 months beginning with the time when the connection is made. (3) Any person making an order under subsection (1) above shall include in the order his reasons for reaching his decision with respect to the dispute. (4) The practice and procedure to be followed in connection with any such determination shall be such as the Director may consider appropriate. (5) Where any dispute between a gas transporter and a person requiring a connection to a main of the transporter falls to be determined under this section, the Director may give directions as to the circumstances in which, and the terms on which, the transporter is to connect or (as the case may be) to maintain the connection pending the determination of the dispute. (6) Where any dispute between a gas supplier and a person requiring a supply of gas falls to be determined under this section, the Director may give directions as to the circumstances in which, and the terms on which, the supplier is to give or (as the case may be) to continue to give the supply pending the determination of the dispute. (7) Where any dispute arising under section 11(1) above falls to be determined under this section, the Director may give directions as to the security (if any) to be given pending the determination of the dispute. (8) Any direction under subsection (5), (6) or (7) above may be expressed to apply either in relation to a particular case or in relation to a class of case. (9) An order under this section— (a) may include such incidental, supplemental and consequential provision (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order) as that person considers appropriate; and (b) shall be final and— (i) in England and Wales, enforceable, in so far as it includes such provision as to costs or expenses, as if it were a judgment of the county court ; and (ii) in Scotland, enforceable as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff. (10) In including in an order under this section any such provision as to costs or expenses, the person making the order shall have regard to the conduct and means of the parties and any other relevant circumstances.
Propose a change(1) For the purposes of sections 27C and 27D, a dispute is a “section 27B dispute” if— (a) it arises from a written complaint— (i) made against a gas transporter, (ii) made against the holder of a licence under section 7ZA, (iii) made against the owner of an LNG import or export facility, (iv) made against the owner of a storage facility, (v) made against a person carrying out an activity described in section 5(1)(a) or (aa) who has been granted an exemption under section 6A(1), ... (vi) made by a person falling within paragraph (a) of subsection (1B) against a person falling within paragraph (b) of that subsection; or (vii) made against the holder of a gas system planner 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) Until section 75 of the Utilities Act 2000 comes into force the reference in subsection (1)(a)(v) above to a person who has been granted an exemption under section 6A(1) includes a person to whom one or more of the exceptions to section 5(1) contained in Schedule 2A applies. (1B) For the purposes of subsection (1)(a)(vi)— (a) a person falls within this paragraph if the person is certified on the ground mentioned in section 8G(5) in respect of a pipe-line system or gas interconnector; (b) a person falls within this paragraph if the person is designated under section 8J(3)in respect of the pipe-line system or gas 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 a failure to make a modification) of— (i) a term or condition of a relevant 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 Gas 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 Gas Directive. (3) In this section and section 27C— ... “household customer” means a customer who purchases gas for consumption by the customer’s own household; ... ... “relevant licence” means a licence under section 7(2) or 7ZA.
Propose a change(1) A section 27B 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 27B 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 27B 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 28 to 30F and 38 have effect in relation to a person against whom a complaint is made as mentioned in section 27B(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 28(8)) included references to that duty or requirement; and (b) if the complaint is made against the person as mentioned in sub-paragraph (vi) of section 27B(1)(a), also as if references in those sections to a regulated person included references to that person. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) An order determining a section 27B dispute (whether made under section 27C 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) 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 27B 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.
Propose a change(1) Subject to subsections (2), (4A) to (5A) and section 29 below, where the Director is satisfied that a regulated person is contravening, or is likely to contravene, any relevant condition or requirement, the Director shall by a final order make such provision as is requisite for the purpose of securing compliance with that condition or requirement. (2) Subject to subsections (4A) to (5A) below, where it appears to the Director— (a) that a regulated person is contravening, or is likely to contravene, any relevant condition or requirement; and (b) that it is requisite that a provisional order be made, the Director shall (instead of taking steps towards the making of a final order) by a provisional order make such provision as appears to him requisite for the purpose of securing compliance with that condition or requirement. (3) In determining for the purposes of subsection (2)(b) above whether it is requisite that a provisional order be made, the Director shall have regard, in particular— (a) to the extent to which any person is likely to sustain loss or damage in consequence anything which, in contravention of the relevant condition or requirement, is likely to be done, or omitted to be done, before a final order may be made; and (b) to the fact that the effect of the provisions of this section and section 30 below is to exclude the availability of any remedy (apart from under those provisions or for negligence) in respect of any contravention of a relevant condition or requirement. (4) Subject to subsections (4A) to (5A) and section 29 below, the Director shall confirm a provisional order, with or without modifications, if— (a) he is satisfied that the regulated person is contravening, or is likely to contravene, any relevant condition or requirement; and (b) the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement. (4A) Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (4B) The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998. (5) The Director shall not make a final order or make or confirm a provisional order if he is satisfied— (a) that the duties imposed on him by section 4AA, 4AB or 4A preclude the making or, as the case may be, the confirmation of the order (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5A) The Authority is not required to make a final order or make or confirm a provisional order if it is satisfied— (a) that the regulated person has agreed to take and is taking all such steps as it appears to the Authority for the time being to be appropriate for the regulated person to take for the purpose of securing or facilitating compliance with the condition or requirement in question; or (b) that the contraventions were or the apprehended contraventions are of a trivial nature. (6) Where the Director decides that it would be more appropriate to proceed under the Competition Act 1998 or is satisfied as mentioned in subsections (5) or (5A) above, he shall— (a) give notice that he has so decided or is so satisfied to the regulated person ; and (b) publish a copy of the notice in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them. (7) A final or provisional order— (a) shall require the regulated person (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified; (b) shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and (c) may be revoked at any time by the Director. (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In this section and sections 29 to 30O below— “final order” means an order under this section other than a provisional order; “provisional order” means an order under this section which, if not previously confirmed under subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order; “regulated person” means a person who is one or more of the following— a licence holder; a distribution exemption holder; a supply exemption holder; the owner of a storage facility; the owner of an LNG import or export facility; a gas undertaking which is a relevant producer or supplier; a responsible body for a central system; “relevant condition”, in relation to a regulated person , means any condition of any licence held by that person ; “relevant requirement”, in relation to a regulated person , means any requirement imposed on that person under a provision specified in Schedule 4B as a relevant provision in respect of that person (8A) In paragraph (g) of the definition of “regulated person” in subsection (8), the reference to a responsible body for a central system is a reference to a person for the time being specified in a notice under section 184(1) of the Energy Act 2023 in relation to a designated central system (within the meaning of Part 6 of that Act). (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Before making a final order or confirming a provisional order, the Director shall give notice— (a) stating that he proposes to make or confirm the order and setting out its effect; (b) stating the relevant condition or requirement, the acts or omissions which, in his opinion, constitute or would constitute contraventions of it and the other facts which, in his opinion, justify the making or confirmation of the order; and (c) specifying the time (not being less than 21 days from the date of publication of the notice) within which representations or objections to the proposed order or confirmation of the order may be made, and shall consider any representations or objections which are duly made and not withdrawn. (2) A notice under subsection (1) above shall be given— (a) by publishing the notice in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and (b) by sending a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, to the regulated person . (3) The Director shall not make a final order, or confirm a provisional order, with modifications except with the consent of the regulated person or after complying with the requirements of subsection (4) below. (4) The said requirements are that the Director shall— (a) give to the regulated person such notice as appears to him requisite of his proposal to make or confirm the order with modifications; (b) specify the time (not being less than 21 days from the date of the service of the notice) within which representations or objections to the proposed modifications may be made; and (c) consider any representations or objections which are duly made and not withdrawn. (5) Before revoking a final order or a provisional order which has been confirmed, the Director shall give notice— (a) stating that he proposes to revoke the order and setting out its effect; and (b) specifying the time (not being less than 28 days) from the date of publication of the notice within which representations or objections to the proposed revocation may be made, and shall consider any representations or objections which are duly made and not withdrawn. (6) A notice under subsection (5) above shall be given— (a) by publishing the notice in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and (b) by sending a copy of the notice to the regulated person . (7) As soon as practicable after a final order is made or a provisional order is made or confirmed, the Director shall— (a) serve a copy of the order on the regulated person ; and (b) publish such a copy in such manner as he considers appropriate for the purpose of bringing the order to the attention of persons likely to be affected by it.
Propose a change(1) If the regulated person is aggrieved by a final or provisional order and desires to question its validity on the ground that the making or confirmation of it was not within the powers of section 28 above or that any of the requirements of section 29 above have not been complied with in relation to it, he may within 42 days from the date of service on him of a copy of the order make an application to the court under this section. (2) On any such application the court, if satisfied that the making or confirmation of the order was not within those powers or that the interests of the l regulated person have been substantially prejudiced by a failure to comply with those requirements— (a) may quash the order or any provision of the order; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Except as provided by this section, the validity of a final or provisional order shall not be questioned by any legal proceedings whatever. (4) No criminal proceedings shall, by virtue of the making of a final order or the making or confirmation of a provisional order, lie against any person on the ground that he has committed, or aided, abetted, counselled or procured the commission of, or conspired or attempted to commit, or incited others to commit, any contravention of the order. (5) The obligation to comply with a final or provisional order is a duty owed to any person who may be affected by a contravention of it. (6) Where a duty is owed by virtue of subsection (5) above to any person any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person. (7) In any proceedings brought against any person in pursuance of subsection (6) above, it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the order. (8) Without prejudice to any right which any person may have by virtue of subsection (6) above to bring civil proceedings in respect of any contravention or apprehended contravention of a final or provisional order, compliance with any such order shall be enforceable by civil proceedings by the Director for an injunction or interdict or for any other appropriate relief. (9) In this section “the court” means— (a) in relation to England and Wales, the High Court; (b) in relation to Scotland, the Court of Session.
Propose a change(1) Where the Authority is satisfied that a regulated person — (a) has contravened or is contravening any relevant condition or requirement; or (b) has failed or is failing to achieve any standard of performance prescribed under section 33A or 33AA, the Authority may, subject to section 30C, impose on the regulated person a penalty of such amount as is reasonable in all the circumstances of the case. (2) Before imposing a penalty on a regulated person under subsection (1), the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (2A) The Authority shall not impose a penalty on a regulated person under subsection (1) if it considers that it would be more appropriate to proceed under the Competition Act 1998. (3) Before imposing a penalty on a regulated person under subsection (1) the Authority shall give notice— (a) stating that it proposes to impose a penalty and the amount of the penalty proposed to be imposed; (b) setting out the relevant condition or requirement or the standard of performance in question; (c) specifying the acts or omissions which, in the opinion of the Authority, constitute the contravention or failure in question and the other facts which, in the opinion of the Authority, justify the imposition of a penalty and the amount of the penalty proposed; and (d) specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made, and shall consider any representations or objections which are duly made and not withdrawn. (4) Before varying any proposal stated in a notice under subsection (3)(a) the Authority shall give notice— (a) setting out the proposed variation and the reasons for it; and (b) specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed variation may be made, and shall consider any representations or objections which are duly made and not withdrawn. (5) As soon as practicable after imposing a penalty, the Authority shall give notice— (a) stating that it has imposed a penalty on the regulated person and its amount; (b) setting out the relevant condition or requirement or the standard of performance in question; (c) specifying the acts or omissions which, in the opinion of the Authority, constitute the contravention or failure in question and the other facts which, in the opinion of the Authority, justify the imposition of the penalty and its amount; and (d) specifying a date, no earlier than the end of the period of 42 days from the date of service of the notice on the regulated person, by which the penalty is required to be paid. (6) The regulated person may, within 21 days of the date of service on him of a notice under subsection (5), make an application to the Authority for it to specify different dates by which different portions of the penalty are to be paid. (7) Any notice required to be given under this section shall be given— (a) by publishing the notice 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 them; (b) by serving a copy of the notice on the regulated person; ... (c) by serving a copy of the notice on Citizens Advice; and (d) by serving a copy of the notice on Consumer Scotland. (8A) This section is subject to section 30O (maximum amount of penalty or compensation that may be imposed). (10) Any sums received by the Authority by way of penalty under this section shall be paid into the Consolidated Fund. (11) The power of the Authority under subsection (1) is not exercisable in respect of any contravention or failure before the commencement of section 95 of the Utilities Act 2000.
Propose a change(1) The Authority shall prepare and publish a statement of policy with respect to the imposition of penalties and the determination of their amount. (2) In deciding whether to impose a penalty, and in determining the amount of any penalty, in respect of a contravention or failure the Authority shall have regard to its statement of policy most recently published at the time when the contravention or failure occurred. (3) The Authority may revise its statement of policy and where it does so shall publish the revised statement. (4) Publication under this section shall be in such manner as the Authority considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them. (5) The Authority shall undertake such consultation as it considers appropriate when preparing or revising its statement of policy.
Propose a change(1) Where no final or provisional order has been made in relation to a contravention or failure, the Authority may not impose a penalty in respect of the contravention or failure later than the end of the period of five years from the time of the contravention or failure, unless before the end of that period— (a) the notice under section 30A(3) relating to the penalty is served on the regulated person under section 30A(7), or (b) a notice relating to the contravention or failure is served on the regulated person under section 38(1). (2) Where a final or provisional order has been made in relation to a contravention or failure, the Authority may not impose a penalty in respect of the contravention or failure unless the notice relating to the penalty under section 30A(3) was served on the ... under section 30A(7)— (a) within three months from the confirmation of the provisional order or the making of the final order, or (b) where the provisional order is not confirmed, within six months from the making of the provisional order.
Propose a change(1) If the whole or any part of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the Judgments Act 1838. (2) If an application is made under subsection (6) of section 30A in relation to a penalty, the penalty is not required to be paid until the application has been determined. (3) If the Authority grants an application under that subsection in relation to a penalty but any portion of the penalty is not paid by the date specified in relation to it by the Authority under that subsection, the Authority may where it considers it appropriate require so much of the penalty as has not already been paid to be paid immediately.
Propose a change(1) If the regulated person on whom a penalty is imposed is aggrieved by— (a) the imposition of the penalty; (b) the amount of the penalty; or (c) the date by which the penalty is required to be paid, or the different dates by which different portions of the penalty are required to be paid, the regulated person may make an application to the court under this section. (2) An application under subsection (1) must be made— (a) within 42 days from the date of service on the regulated person of a notice under section 30A(5), or (b) where the application relates to a decision of the Authority on an application by the regulated person under section 30A(6), within 42 days from the date the regulated person is notified of the decision. (3) On any such application, where the court considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the grounds falling within subsection (4), the court— (a) may quash the penalty; (b) may substitute a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case; or (c) in the case of an application under subsection (1)(c), may substitute for the date or dates imposed by the Authority an alternative date or dates. (4) The grounds falling within this subsection are— (a) that the imposition of the penalty was not within the power of the Authority under section 30A; (b) that any of the requirements of subsections (3) to (5) or (7) of section 30A have not been complied with in relation to the imposition of the penalty and the interests of the regulated person have been substantially prejudiced by the non-compliance; or (c) that it was unreasonable of the Authority to require the penalty imposed, or any portion of it, to be paid by the date or dates by which it was required to be paid. (5) If an application is made under this section in relation to a penalty, the penalty is not required to be paid until the application has been determined. (6) Where the court substitutes a penalty of a lesser amount it may require the payment of interest on the substituted penalty at such rate, and from such date, as it considers just and equitable. (7) Where the court specifies as a date by which the penalty, or a portion of the penalty, is to be paid a date before the determination of the application under this section it may require the payment of interest on the penalty, or portion, from that date at such rate as it considers just and equitable. (8) Except as provided by this section, the validity of a penalty shall not be questioned by any legal proceedings whatever. (9) In this section “the court” means— (a) in relation to England and Wales, the High Court; and (b) in relation to Scotland, the Court of Session.
Propose a changeWhere a penalty imposed under section 30A(1), or any portion of it, has not been paid by the date on which it is required to be paid and— (a) no application relating to the penalty has been made under section 30E during the period within which such an application can be made, or (b) an application has been made under that section and determined, the Authority may recover from the regulated person , as a civil debt due to it, any of the penalty and any interest which has not been paid.
Propose a change(1) This section applies where the Authority is satisfied that— (a) a regulated person has contravened, or is contravening, any relevant condition or requirement, and (b) as a result of the contravention, one or more consumers have suffered loss or damage or been caused inconvenience. (2) The Authority may make an order (a “consumer redress order”) requiring the regulated person to do such things as appear to the Authority necessary for the purposes of— (a) remedying the consequences of the contravention, or (b) preventing a contravention of the same or a similar kind from being repeated. (3) A consumer redress order must specify the following— (a) the regulated person to whom the order applies; (b) the contravention in respect of which the order is made; (c) the affected consumers, or a description of such consumers; (d) the requirements imposed by the order; (e) the date by which the regulated person must comply with such requirements. (4) As soon as practicable after making a consumer redress order, the Authority must— (a) serve a copy of the order on the regulated person to whom the order applies, and (b) either— (i) serve a copy of the order on each affected consumer, or (ii) publish the order in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of affected consumers. (5) The date specified in a consumer redress order under subsection (3)(e) may not be earlier than the end of the period of 7 days from the date of the service of a copy of the order on the regulated person. (6) Different dates may be specified under subsection (3)(e) in relation to different requirements imposed by the order. (7) This section is subject to sections 30H to 30O. (8) In this section and in sections 30H to 30O— “affected consumers”, in relation to a consumer redress order (or proposed order), are those consumers that the Authority is satisfied have suffered loss or damage, or been caused inconvenience, as a result of the contravention in respect of which the order is (or would be) made; “consumers” means consumers in relation to gas conveyed through pipes; “consumer redress order” means an order under subsection (2).
Propose a change(1) The things mentioned in section 30G(2) that a regulated person may be required to do under a consumer redress order (“the required remedial action”) include, in particular— (a) paying an amount to each affected consumer by way of compensation for the loss or damage suffered, or for the inconvenience caused, as a result of the contravention; (b) preparing and distributing a written statement setting out the contravention and its consequences; (c) terminating or varying any contracts entered into between the regulated person and affected consumers. (2) Where the required remedial action includes the payment of compensation, the order must specify— (a) the amount of compensation to be paid, and (b) the affected consumers, or a description of such consumers, to whom it is to be paid. (3) Where the required remedial action includes the preparation and distribution of a statement, the order may specify the information to be contained in the statement and the form and manner in which it is to be distributed. (4) The manner so specified may in particular include— (a) sending a copy of the statement to each affected consumer; (b) publishing the statement in such manner as the Authority considers appropriate for the purpose of bringing the statement to the attention of those consumers. (5) Where the required remedial action includes the termination or variation of a contract with an affected consumer— (a) the order may specify the terms on which the contract is to be terminated or the way in which it is to be varied, (b) the requirement has effect only if, and to the extent that, the affected consumer consents to the termination of the contract on those terms or to its variation in that way, and (c) the order may specify the steps to be taken by the regulated person for the purpose of enabling the affected consumer to give such consent.
Propose a change(1) Before making a consumer redress order the Authority must give notice stating that it proposes to make the order. (2) A notice under subsection (1) must specify— (a) the regulated person to whom the order will apply, (b) the contravention in respect of which the order is to be made, (c) the affected consumers, or a description of such consumers, (d) the requirements to be imposed by the order and the period within which such requirements are to be complied with, and (e) the time (not being less than 21 days from the relevant date) by which representations or objections with respect to the proposed order may be made, and the Authority must consider any representations or objections which are duly made and not withdrawn. (3) Before varying any proposal stated in a notice under subsection (1) the Authority must give notice specifying— (a) the proposed variation and the reasons for it, and (b) the time (not being less than 21 days from the relevant date) by which representations or objections with respect to the proposed variation may be made, and the Authority must consider any representations or objections which are duly made and not withdrawn. (4) Before revoking a consumer redress order the Authority must give notice— (a) stating that it proposes to revoke the order and the reasons for doing so, and (b) specifying the time (not being less than 21 days from the relevant date) within which representations or objections to the proposed revocation may be made, and the Authority must consider any representations or objections which are duly made and not withdrawn. (5) A notice required to be given under this section is to be given— (a) by serving a copy of the notice on the regulated person, and (b) either— (i) by serving a copy of the notice on each affected consumer, or (ii) by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of affected consumers. (6) The “relevant date”, in relation to a notice under this section, is— (a) in a case where the notice is published in accordance with subsection (5)(b)(ii), the date on which it is published; (b) in any other case, the latest date on which a copy of the notice is served in accordance with subsection (5)(a) and (b)(i).
Propose a change(1) The Authority must prepare and publish a statement of policy with respect to— (a) the making of consumer redress orders, and (b) the determination of the requirements to be imposed by such orders (including, in particular, the considerations the Authority will have regard to in determining such requirements). (2) The Authority must have regard to its current statement of policy— (a) in deciding whether to make a consumer redress order in respect of a contravention, and (b) in determining the requirements to be imposed by any such order. (3) The Authority may revise its statement of policy and, where it does so, must publish the revised statement. (4) Publication under this section is to be in such manner as the Authority considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them. (5) The Authority must consult such persons as it considers appropriate when preparing or revising its statement of policy.
Propose a change(1) Where no final or provisional order has been made in relation to a contravention, the Authority may not give a consumer redress order in respect of the contravention later than the end of the period of 5 years from the time of the contravention. (2) Subsection (1) does not apply if before the end of that period— (a) the notice under section 30I(1) relating to the order is served on the regulated person, or (b) a notice relating to the contravention is served on the regulated person under section 38(1). (3) Where a final or provisional order has been made in relation to a contravention, the Authority may give a consumer redress order in respect of the contravention only if the notice relating to the consumer redress order under section 30I(1) is served on the regulated person— (a) within 3 months from the confirmation of the provisional order or the making of the final order, or (b) where the provisional order is not confirmed, within 6 months from the making of the provisional order.
Propose a change(1) Compliance with a consumer redress order is enforceable by civil proceedings by the Authority— (a) for an injunction or interdict, (b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or (c) for any other appropriate remedy or relief. (2) Proceedings under subsection (1) are to be brought— (a) in England and Wales, in the High Court, or (b) in Scotland, in the Court of Session. (3) The obligation of a regulated person to comply with a consumer redress order is a duty owed to any person who may be affected by a contravention of the order. (4) Without limiting the Authority's right to bring civil proceedings under subsection (1), a duty owed to any person (“P”) by virtue of subsection (3) may be enforced by civil proceedings by P for any appropriate remedy or relief. (5) For the purposes of subsection (4), the duty owed to P may in particular be enforced by P as if it were contained in a contract between P and the regulated person who owes the duty.
Propose a change(1) A regulated person in respect of whom a consumer redress order is made may make an application to the court under this section if the person is aggrieved by— (a) the making of the order, or (b) any requirement imposed by the order. (2) An application under subsection (1) must be made within 42 days from the date of service on the regulated person of a copy of the order under section 30G(4)(a). (3) On an application under subsection (1) the court may— (a) quash the order or any provision of the order, or (b) vary any such provision in such manner as the court considers appropriate. (4) The court may exercise the powers under subsection (3) only if it considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the following grounds— (a) that the making of the order was not within the power of the Authority under section 30G; (b) that any of the requirements under section 30G(4) and 30I have not been complied with in relation to the making of the order and the interests of the regulated person have been substantially prejudiced by the non-compliance; (c) that it was unreasonable of the Authority to require something to be done under the order (whether at all or in accordance with the provisions of the order). (5) If an application is made under this section in relation to a consumer redress order, a requirement imposed by the order does not need to be carried out in accordance with the order until the application has been determined. (6) Where the court substitutes a lesser amount of compensation for an amount required by the Authority in a consumer redress order, it may require the payment of interest on the substituted amount at such rate, and from such date, as it considers just and equitable. (7) Where the court specifies as a date by which any compensation under a consumer redress order is to be paid a date before the determination of the application under this section, it may require the payment of interest on the amount from that date at such rate as it considers just and equitable. (8) Except as provided by this section, the validity of a consumer redress order is not to be questioned by any legal proceedings whatever. (9) In this section “the court” means— (a) in relation to England and Wales, the High Court; (b) in relation to Scotland, the Court of Session.
Propose a change(1) If— (a) compensation is required to be paid under a consumer redress order, and (b) it is not paid by the date by which it is required to be paid in accordance with the order, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838. (2) The Authority may not make a consumer redress order where it is satisfied that the most appropriate way of proceeding is under the Competition Act 1998. (3) The Authority's power to make a consumer redress order as a result of a contravention of a relevant condition or requirement is not to be taken as limiting the Authority's power to impose a penalty under section 30A in relation to the same contravention (whether instead of, or in addition to, making a consumer redress order). (4) The power of the Authority to make a consumer redress order is not exercisable in respect of any contravention before the coming into force of Schedule 14 to the Energy Act 2013.
Propose a change(1) The maximum amount of penalty that may be imposed on a regulated person in respect of a contravention may not exceed 10 per cent of the person's turnover. (2) The maximum amount of compensation that a regulated person may be required to pay in respect of a contravention may not exceed 10 per cent of the person's turnover. (3) Subsections (1) and (2) are subject to subsection (4) if, in respect of a contravention, both a penalty is imposed and compensation is required to be paid. (4) The maximum amount in total of the penalty and compensation combined in respect of the contravention may not exceed 10 per cent of the regulated person's turnover. (5) The Secretary of State may by order provide for how a person's turnover is to be determined for the purposes of this section. (6) An order under subsection (5) may make different provision for penalties and compensation. (7) An order under subsection (5) 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. (8) In this section— “compensation” means compensation that a regulated person is required to pay by a consumer redress order; “penalty” means a penalty imposed on a regulated person under section 30A.
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Propose a change(1) The Authority may make regulations prescribing such standards of performance in connection with the activities of gas 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 only be made with the consent of the Secretary of State. (3) Regulations under this section may— (a) prescribe circumstances in which gas suppliers are to inform customers or potential customers of their rights under this section or the rights under section 33AA; (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; (c) prescribe circumstances in which gas suppliers are to be exempted from any requirements of the regulations or this section; and (d) if the Director is of the opinion that the differences are such that no gas supplier would be unduly disadvantaged in competing with other gas suppliers, make different provision with respect to different gas suppliers. (4) If a gas supplier fails to meet a prescribed standard, he shall make to any customer or potential customer who is affected by the failure and is of a prescribed descriptionsuch compensation as may be determined by or under the regulations. (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) The Authority may make regulations prescribing such standards of performance in connection with the activities of gas transporters, so far as affecting customers or potential customers of gas suppliers, as in the Authority’s opinion ought to be achieved in individual cases. (2) Regulations under this section may only be made with the consent of the Secretary of State. (3) If a gas transporter fails to meet a prescribed standard, he shall make to any customer or potential customer of a gas supplier 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 regulations may— (a) prescribe circumstances in which gas transporters are to inform customers or potential customers of gas 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 gas transporters 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 gas transporter would be unduly disadvantaged in competing with other gas transporters, make different provision with respect to different gas transporters. (5) Provision made under subsection (4)(c) may— (a) require or permit compensation to be made on behalf of gas transporters by gas suppliers to customers or potential customers; (b) require gas suppliers to provide services to gas transporters in connection with the making of compensation under this section. (6) 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.
Propose a change(1) Any dispute arising under section 33A or 33AA or regulations made under either of those sections— (a) may be referred to the 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.
Propose a change(1) The Director may from time to time— (a) determine such standards of overall performance in connection with the provision of gas supply services by gas suppliers as, in his opinion, ought to be achieved by them; and (b) arrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Different standards may be determined for different gas suppliers if the Director is of the opinion that the differences are such that no gas supplier would be unduly disadvantaged in competing with other gas suppliers. (3A) Standards may be determined either as respects the provision of gas supply services generally or as respects the provision of such services to customers of a particular class or description. (4) It shall be the duty of every gas 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.
Propose a change(1) The Authority may from time to time— (a) determine such standards of overall performance in connection with the activities of gas transporters as, in its opinion, ought to be achieved by them; and (b) arrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined. (2) Different standards may be determined for different gas transporters if the Authority is of the opinion that the differences are such that no gas transporter would be unduly disadvantaged in competing with other gas transporters. (3) It shall be the duty of every gas transporter to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this section.
Propose a change(1) Before prescribing standards of performance in regulations under section 33A or 33AA, or determining standards of performance under section 33B or 33BA, 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) gas suppliers (in the case of standards of performance under section 33A or 33B) or gas transporters and gas suppliers (in the case of standards of performance under section 33AA or 33BA); 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 33A or 33AA and determinations under section 33B or 33BA are made available to the public by whatever means it considers appropriate.
Propose a change(1) The Secretary of State may by order impose— (a) on each gas transporter (or each gas transporter of a specified description); and (b) on each gas supplier (or each gas 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 transporter 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 gas transporters and gas 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 no gas transporter is unduly disadvantaged in competing with other gas transporters and no gas supplier is unduly disadvantaged in competing with other gas 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 gas transporters or gas 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 transporter 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 transporter 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 transporters 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 transporters 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 transporter 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 transporter 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 transporter or supplier, to provide the transporter or supplier with information relating to the individual concerned for the purpose of assisting the transporter 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 Administrator to require a transporter 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 gas transporter or gas supplier or to an electricity distributor or electricity supplier (within the meaning of Part I of the Electricity Act 1989); 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 28 to 30F and section 38. (7C) The order may make provision as to circumstances in which a transporter 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 transporters 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 transporter or supplier who proposes to make a buy-out payment, including provision— (i) requiring a transporter or supplier to notify the Administrator of specified matters by a specified time; (ii) as to circumstances in which a transporter 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 transporter 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 transporter 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 transporters 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; or (c) any gas or liquid subjected to a cooling effect produced in association with electricity, as promotion of improvements in energy efficiency. (9A) The order may make provision requiring the Administrator to give guidance to transporters 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, gas transporters and gas 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 33BD(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.
Propose a change(1) Where the Secretary of State under section 33BC imposes on gas 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 33BC, that section applies with the following modifications— (a) for subsection (1) there is substituted a power by order to specify how gas 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 “gas transporters” 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 33BC 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 33BC, 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 33BC (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 gas suppliers of complying with carbon emissions reduction obligations that, in relation to any period, are imposed by order under section 33BC, and (b) “costs relating to Scotland” means the total costs to gas 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 33BC 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 33BC(1A), (3), (5)(a) , (7)(a), (7C) or (7E), or (b) section 33BC(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 33BC 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 33BC 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.
Propose a change