33BD Promotion of reductions in home-heating costs: gas transporters and gas suppliers
(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 home-heating cost 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 “home-heating cost reduction obligation”).
(2) In this section—
(a) “the Administrator” means—
(i) the Authority; or
(ii) if the order so provides, the Secretary of State or a specified body other than the Authority;
(b) “home-heating cost reduction target” means a target for the promotion of measures for reducing the cost to individuals of heating their homes;
(c) “specified” means specified in the order.
(3) The power to make orders under this section may be exercised so as to impose more than one home-heating cost reduction obligation on a person in relation to the same period or to periods that overlap to any extent.
(4) Subsections (3), (5) to (8), (9A) and (10A) to (12B) of section 33BC apply to an order under this section as they apply to an order under that section, with the following modifications—
(a) for “carbon emissions reduction obligation” (in each place) substitute “ home-heating cost reduction obligation ”;
(b) for “carbon emissions reduction obligations” (in each place) substitute “ home-heating cost reduction obligations ”;
(c) for “carbon emissions reduction target” (in each place other than in paragraph (be) of subsection (5)) substitute “ home-heating cost reduction target ”;
(d) for “carbon emissions reduction targets” (in each place) substitute “ home-heating cost reduction targets ”; and
(e) omit paragraph (a) of subsection (10A).
(5) Subsections (4) and (9B) of section 33BC apply to the carrying out by the Secretary of State and the Administrator of their respective functions under this section as they apply to the carrying out by those persons of their functions under that section.
(6) No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.
33BDA Scottish Ministers' promotion of reductions in home-heating costs: gas suppliers
(1) Where the Secretary of State under section 33BD 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 103A of the Utilities Act 2000).
(3) For the purposes of the exercise by the Scottish Ministers of the power to make an order under section 33BD, 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 home-heating cost reduction target through measures carried out in Scotland;
(b) subsection (3) is omitted;
(c) subsections (3), (5)(a), (7)(a) , (7C), (7E) and (10A) of section 33BC as applied by subsection (4) are omitted;
(d) in subsection (2)(a) at the beginning of sub-paragraph (ii) there is inserted “where the Secretary of State has apportioned the overall home-heating cost reduction target under section 103A(3A) of the Utilities Act 2000, and”;
(da) in section 33BC(7F) as applied by subsection (4), for “order makes” is substituted “Secretary of State has made”;
(db) in section 33BC(7G) as applied by subsection (4), for “(7C)” is substituted “(7F)”;
(dc) in section 33BC(7H) as applied by subsection (4), for “an order includes” is substituted “the Secretary of State has made”;
(e) in section 33BC(11) as applied by subsection (4) “Citizens Advice” and “gas transporters” are omitted;
(f) in section 33BC(12) as applied by subsection (4) for the words from “shall not be made” to the end is substituted “ is subject to the affirmative procedure ”;
(g) in section 33BC(12A) as applied by subsection (4) for the words from “shall be subject to” to the end is substituted “ is subject to the negative procedure ”;
(h) for “Secretary of State” in each place (including any references in section 33BC that apply by virtue of subsection (4) other than in section 33BC(7D)(a)), is substituted “ Scottish Ministers ”.
(4) The power of the Scottish Ministers under section 33BD does not include power to make provision in relation to the subject-matter of sections 88 to 90 of the Energy Act 2008 (smart meters).
(5) Where an overall home-heating cost reduction target has been apportioned under section 103A(3A) of the Utilities Act 2000, the Scottish Ministers must—
(a) when making any order under section 33BD, 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 33BD (subject to subsection (8)) in the way they think most likely to secure that the proportion of compliance costs that is represented by costs relating to Scotland is no greater than the proportion of the overall home-heating cost reduction target that is represented by the part of it apportioned to measures carried out in Scotland.
(7) In subsection (6)—
(a) “compliance costs” means the total costs to gas suppliers of complying with home-heating cost reduction obligations that, in relation to any period, are imposed by order under section 33BD, 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 33BD 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 33BD(3),
(b) section 33BC(3), (5)(a) (7)(a), (7C) or (7E) as applied by section 33BD(4), or
(c) section 33BD(2)(a) where an overall home-heating cost reduction target has not been apportioned under section 103A(3A) of the Utilities Act 2000.
(10) Subsection (1) does not prevent the Secretary of State from making any other provision under section 33BD 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 33BD 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.
33BB Standards for promoting efficient use of gas.
(1) The Director may, after consulting gas suppliers and persons or bodies appearing to him to be representative of persons likely to be affected, from time to time—
(a) determine such standards of performance in connection with the promotion of the efficient use of gas by consumers as, in his opinion, ought to be achieved by gas suppliers; 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 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.
(3) Each gas supplier shall, in such form and manner and with such frequency as the Director may direct, take steps to inform his customers of—
(a) the standards determined under this section which are applicable to that supplier; and
(b) that supplier’s level of performance as respects those standards.
33C Information with respect to levels of performance.
(1) The Director shall from time to time collect information with respect to—
(a) the compensation made by gas suppliers under section 33A above;
(b) the levels of overall performance achieved by gas suppliers in connection with the provision of gas supply services; . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) The Authority shall from time to time collect information with respect to—
(a) the compensation made by gas transporters under section 33AA;
(b) the levels of overall performance achieved by gas transporters.
(2) At such times as the Director may direct, each gas supplier shall give the following information to the Director—
(a) as respects each standard prescribed by regulations under section 33A above, the number of cases in which compensation was made and the aggregate amount or value of that compensation; and
(b) as respects each standard determined under section 33B . . ., such information with respect to the level of performance achieved by the supplier as the Authority may direct.
(2A) At such times as the Authority may direct, each gas transporter shall give the following information to the Authority—
(a) as respects each standard prescribed by regulations under section 33AA, the number of cases in which compensation was made and the aggregate amount or value of that compensation; and
(b) as respects each standard determined under section 33BA, such information with respect to the level of performance achieved by the transporter as the Authority may direct.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33D Information to be given to customers about overall performance.
(1) The Authority may make regulations requiring such information as may be specified or described in the regulations about—
(a) the standards of overall performance determined under section 33B or 33BA; and
(b) the levels of performance achieved as respects those standards,
to be given by gas suppliers or gas transporters to customers or potential customers of gas suppliers.
(2) Regulations under this section may include provision—
(a) as to the form and manner in which and the frequency with which information is to be given; and
(b) requiring information about the matters mentioned in subsection (1)(a) or (b) and relating to gas transporters to be given by gas transporters to gas suppliers and by gas suppliers to their customers or potential customers.
33DA Publication of statistical information about standards of performance.
(1) It shall be the duty of both Citizens Advice and Citizens Advice Scotland to secure the publication, in such form and manner and with such frequency as the particular body thinks appropriate, of such statistical information as the particular body considers appropriate in relation to—
(a) the levels of performance achieved by gas suppliers and gas transporters in respect of—
(i) standards of performance prescribed or determined under sections 33A, 33AA, 33B and 33BA; and
(ii) carbon emissions reduction obligations imposed by order under section 33BC; and
(iii) home-heating cost reduction obligations imposed by order under section 33BD; and
(b) complaints made by consumers about any matter relating to the activities of such suppliers or transporters and the handling of such complaints.
(1A) Citizens Advice and Citizens Advice Scotland may comply with the duty in subsection (1) by publishing information jointly or by securing that information is published on behalf of both of them.
(2) In subsection (1)(b) “complaints” includes complaints made directly to gas suppliers and gas transporters (or anyone carrying on activities on their behalf) and complaints to the Authority Citizens Advice or Citizens Advice Scotland .
33DB Information relating to complaints handling standards
(1) This section applies in relation to standards prescribed by the Authority by regulations under section 43 of the Consumers, Estate Agents and Redress Act 2007 (standards for complaints handling) in relation to licence holders (or some of them).
(2) The Authority must from time to time collect information with respect to the levels of compliance with the standards which those licence holders have achieved.
(3) At such times as the Authority may direct, each of those licence holders must give the Authority such information as the Authority may direct with respect to the levels of compliance with the standards which the licence holder has achieved.
(1) This section applies to any company which is authorised by a licence to carry on activities subject to price regulation.
(2) As soon as reasonably practicable after the end of each financial year of the company it must make a statement to the Authority—
(a) disclosing whether or not remuneration has been paid or become due during that financial year to the directors of the company as a result of arrangements falling within subsection (3); and
(b) where such remuneration has been paid or become due, describing the arrangements and the remuneration.
(3) Arrangements fall within this subsection if they are arrangements for linking the remuneration of the directors of the company to levels of performance as respects service standards in connection with activities subject to price regulation.
(4) A description under subsection (2)(b) must include in particular—
(a) a statement of when the arrangements were made;
(b) a description of the service standards in question;
(c) an explanation of the means by which the levels of performance as respects those service standards are assessed; and
(d) an explanation of how the remuneration was calculated.
(5) The statement required by subsection (2) must also state—
(a) whether or not there are in force in respect of the financial year during which the statement is made arrangements falling within subsection (3); or
(b) if not, whether the company intends that such arrangements will be in force at some time during that financial year,
and if there are, or it is intended that there will be, such arrangements in force the statement must describe those arrangements.
(6) A description under subsection (5) must—
(a) include in particular the matters listed in subsection (4)(a), (b) and (c); and
(b) where the arrangements described are different from any arrangements described under subsection (2)(b), state the likely effect of those differences on the remuneration of each director of the company.
(7) The statement required by subsection (2) must be made to the Authority in such manner as may be required by the Authority.
(8) The statement required by subsection (2)—
(a) must be published by the company making the statement in such manner as it reasonably considers will secure adequate publicity for it; and
(b) may be published by the Authority in such manner as it may consider appropriate.
(9) The duty of a company under this section applies in respect of any person who has at any time been a director of the company.
(10) In this section—
“activities subject to price regulation”, in relation to any company, are activities for which—
a maximum price which may be charged by the company, or a method for calculating such a maximum price; or
a maximum revenue which may be received by the company, or a method for calculating such a maximum revenue,
is determined by or under the licence granted under this Part;
“company” means a company (as defined in section 1(1) of the Companies Act 2006) that—
is limited by shares, and
has its registered office in Great Britain.
“remuneration” in relation to a director of a company—
means any form of payment, consideration or other benefit (including pension benefit), paid or due to or in respect of the director; and
includes remuneration in respect of any of his services while a director of the company;
“service standards” in relation to any company, means standards relating to the quality of service received by customers or potential customers of the company, including any such standards which are—
set by or under any conditions included in a licence granted under this Part;
prescribed by the Authority in regulations made under section 33A and 33AA;
determined by the Authority under section 33B or 33BA; or
set or agreed to by the company.
(1) It shall be the duty of the Director, so far as it appears to him practicable from time to time, to keep under review the carrying on both within and outside Great Britain of
(a) such activities as are mentioned in section 5(1) above or subsection (2A) below; and
(b) activities ancillary to such activities (including in particular the storage of gas, the provision and reading of meters and the provision of pre-payment facilities).
(2) It shall also be the duty of the Director, so far as it appears to him practicable from time to time, to collect information with respect to
(a) the carrying on of such activities as are mentioned in subsection (1) above; and
(b) the persons by whom such activities are carried on,
with a view to his becoming aware of, and ascertaining the circumstances relating to, matters with respect to which his functions are exercisable.
(2A) The activities referred to in subsection (1)(a) are the matters specified in the following provisions of the Gas Directive as matters to be monitored—
(a) Article 26(3);
(b) Article 41(1)(g) to (k), (m), (n) , (r) and (t);
(c) where a person is certified on the ground mentioned in subsection (5) of section 8G, Article 41(3)(a) and (b);
(d) ... and
(e) Article 41(9).
(2B) For the purposes of subsection (2A)(c), the reference to Article 41(3)(a) is to be read as if the reference in that provision to Article 41 were a reference to Article 41 as implemented in Great Britain immediately before IP completion day.
(3) The Secretary of State may give general directions indicating—
(a) considerations to which the Director should have particular regard in determining the priority in which matters are to be brought under review in the performance of his duty under subsection (1) or (2) above; and
(b) considerations to which, in cases where it appears to the Director that any of his functions are exercisable, he should have particular regard in determining whether to exercise those functions.
(4) It shall be the duty of the Director, where either he considers it expedient or he is requested by the Secretary of State or the CMA to do so, to give information, advice and assistance to the Secretary of State or the CMA with respect to any matter in respect of which any function of the Director or the Secretary of State. is exercisable.
(5) The Authority shall have power to make agreements with the Health and Safety Executive for the Authority to perform on behalf of that Executive (with or without payment) any of the functions of that Executive.
34A Power to require information etc for the purpose of monitoring
(1) The Authority may, for the purpose of performing its duty under subsection (1)(a) or (b) of section 34 in relation to activities falling within subsection (2A) of that section, serve a notice under subsection (2) on any regulated person.
(2) A notice under this subsection is a notice signed by the Authority which—
(a) requires the person on whom it is served to produce, at a time and place specified in the notice, to the Authority any documents which are specified or described in the notice and are in that person’s custody or under that person’s control; or
(b) requires that person, if that person is carrying on a business, to furnish, at a time and place and in the form and manner specified in the notice, to the Authority such information as may be specified or described in the notice.
(3) In paragraphs (a) and (b) of subsection (2) the reference to the Authority includes a reference to a person appointed by the Authority for the purpose of exercising the power in question.
(4) Sections 28 to 30 have effect in relation to a person on whom a notice is served under subsection (2) as if references in those sections to a relevant requirement (other than the reference in section 28(8)) included references to a requirement of that notice.
(5) A person who intentionally alters, suppresses or destroys any document or record of information which that person has been required to produce by a notice under subsection (2) is liable—
(a) on summary conviction—
(i) in England and Wales, to a fine not exceeding the statutory maximum;
(ii) in Scotland, to a fine not exceeding £5,000; or
(b) on conviction on indictment, to a fine.
(6) The definition of “regulated person” in section 28(8) applies for the purposes of this section.
35 Publication of advice and information about consumer matters.
(1) If it appears to the Authority that the publication of any advice and information would promote the interests of consumers in relation to gas conveyed through pipes, the Authority may publish that advice or information in such manner as it thinks fit.
(2) In publishing advice or information under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.
(3) Before deciding to publish under this section any advice or information relating to a particular individual or body of persons the Authority shall consult that individual or body.
(3A) The CMA shall consult the Authority before publishing under section 6 of the Enterprise Act 2002 any information or advice which may be published by the Authority under this section.
(4) In this section “consumers” includes both existing and future consumers.
(1) The Director shall keep a register of notifications and directions under paragraph 5 of Schedule 2A to this Act, exemptions granted under section 6A above to particular persons, licences under section 7, 7ZA , 7A , 7AA, 7AB or 7AC above , final and provisional orders and penalties imposed under section 30A(1) ... in such form as he may determine.
(2) Subject to subsection (2A) and to any direction given under subsection (3) below, the Director shall cause to be entered in the register the provisions of—
(a) every notification or direction under paragraph 5 of Schedule 2A to this Act;
(b) every exemption granted under section 6A above to a particular person and every revocation of such exemption;
(c) every revocation ... of an exemption granted under that section to persons of a particular class and every direction under subsection (7) of that section;
(d) every licence under section 7, 7ZA , 7A , 7AA, 7AB or 7AC above and every modification or revocation of, and every direction or consent given or determination made under, such a licence; and
(e) every final or provisional order, every revocation of such an order and every notice under section 28(6) above; and.
(f) every notice under section 30A(5).
(2A) The Authority may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as it considers it appropriate to exclude for the purpose of maintaining the confidentiality of—
(a) matters relating to the affairs of an individual the publication of which would or might, in its opinion, seriously and prejudicially affect the interests of that individual; and
(b) matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Authority’s opinion, seriously and prejudicially affect the interests of that body.
(3) If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest or the commercial interests of any person, he may direct the Director not to enter that provision in the register.
(4) The contents of the register must be shown on the Authority's website.
(5) Any person may, on payment of such fee as may be prescribed by an order made by the Secretary of State , require the Director to supply to him a copy of or extract from any part of the register, certified by the Director to be a true copy or extract.
(6) Any sums received by the Director under this section shall be paid into the Consolidated Fund.
(7) In this section “final order” and “provisional order” have the same meanings as in section 28 above.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The functions to which subsection (2A) below applies shall be concurrent functions of the Authority and the CMA.
(2A) This subsection applies to the functions of the CMA under Part 4 of the Enterprise Act 2002 (other than sections 166 , 167C , 171 and 174E) so far as those functions—
(a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b) relate to commercial activities connected with the carrying on of activities to which this subsection applies.
(2B) So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above—
(a) references in Part 4 of the Act of 2002 to the CMA (including references in provisions of that Act applied by that Part) shall be construed as including references to the Authority (except in sections 166 , 167C , 171 and 174E of that Act and in any other provision of that Act where the context otherwise requires);
(b) references in that Part to section 5 of the Act of 2002 are to be construed as including references to section 34(1) and (2) of this Act.
(2C) Section 130A of the Enterprise Act 2002 is to have effect in its application in relation to the Authority by virtue of subsections (2) and (2A)—
(a) as if for subsection (1) of that section there were substituted—
(1) Where the Gas and Electricity Markets Authority—
(a) is proposing to carry out its functions under section 34(1) or (2) of the Gas Act 1986 in relation to a matter for the purposes mentioned in subsection (2), and
(b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).
, and
(b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the carrying on of activities to which section 36A(2A) of the Gas Act 1986 applies”.
(3) The Authority shall be entitled to exercise, concurrently with the CMA, the functions of the CMA under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) and 51), so far as relating to—
(a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
(b) conduct of the kind mentioned in section 18(1) of that Act, or
(c) transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
which relate to the carrying on of activities to which this subsection applies.
(3A) So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 (including references in provisions of the Enterprise Act 2002 applied by that Part) to the CMA are to be read as including a reference to the Director ( except in sections 31D(1) to (6) , 35C, 38(1) to (6), 40B(1) to (4), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).
(4) Subsections (2A) and (3) above apply to—
(a) such activities as are mentioned in section 5(1) above; and
(b) activities ancillary to such activities as are so mentioned (including in particular the storage of gas, the provision and reading of meters and the provision of pre-payment facilities).
(5) Before the CMA or the Authority first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, it shall consult the other.
(5A) Neither the CMA nor the Authority shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.
(6) It shall be the duty of the Director, for the purpose of assisting a CMA group in carrying out an investigation on a market investigation reference made by the Authority (under section 131 of the Act of 2002) by virtue of subsection (2) . . . above, to give to the group —
(a) any information which is in his possession and which relates to matters falling within the scope of the investigation and—
(i) is requested by the group for that purpose; or
(ii) is information which in his opinion it would be appropriate for that purpose to give to the group without any such request; and
(b) any other assistance which the group may require and which it is within his power to give, in relation to any such matters,
and the group shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.
(6A) In subsection (6) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
(7) If any question arises as to whether subsection (2) or (3) above applies to any particular case, that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—
(a) Part 4 of the Enterprise Act 2002; or
(b) Part I of the Competition Act 1998 ( other than sections 31D(1) to (6) , 35C , 38(1) to (6) , 40B(1) to (4) and 51),
by or in relation to the Director on the ground that it should have been done by or in relation to the CMA .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) Any reference in this Part to functions of the Director under this Part, or to functions assigned to him by or under this Part, includes a reference to functions exercisable by the Authority by virtue of subsection (2) or (3) above ..
(11) In making any decision, or otherwise taking action, for the purposes of any of its functions that—
(a) by virtue of this section, are functions exercisable concurrently with the CMA, and
(b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
36B Functions with respect to gas measuring equipment etc.
(1) If and to the extent that the Secretary of State so directs, the functions of the Secretary of State under section 6 of the Weights and Measures Act 1985 (testing of standards and equipment) so far as relating to—
(a) any article used or proposed to be used as a standard of a unit of measurement in relation to gas;
(b) any measuring equipment, or other metrological equipment, for use in relation to gas; or
(c) any article for use in connection with any such equipment,
shall be exercisable by the Director concurrently with the Secretary of State; and references in that section to the Secretary of State shall be construed accordingly.
(2) Any sums received by the Director by virtue of this section shall be paid into the Consolidated Fund.
(1) The Authority may direct the operator of the gas National Transmission System to make a modification to which this section applies and which is specified in the direction to the Uniform Network Code.
(2) This section applies to a modification—
(a) which relates to the arrangements contained in the Code in respect of a Gas Supply Emergency, and
(b) which the Authority considers is a market-based modification.
(3) The Authority may give a direction under this section only if it considers that the modification will do either or both of the following—
(a) decrease the likelihood of a Gas Supply Emergency occurring;
(b) decrease the duration or severity of a Gas Supply Emergency which occurs.
(4) In the exercise of the power under this section the Authority must have regard to the purposes of Standard Special Condition A11 of licences granted under section 7 of this Act.
(5) For the purposes of subsection (2), a modification is “market-based” if it relates to the creation of financial incentives for gas shippers or gas transporters.
(6) Before giving a direction under this section the Authority must consult such persons as it considers appropriate.
(7) In this section—
“Gas Supply Emergency” and “National Transmission System” have the meaning given by the Uniform Network Code;
“the Uniform Network Code” means the document of that title required to be prepared pursuant to Standard Special Condition A11 of licences granted under section 7 of this Act.
(1) The Director may from time to time direct that the maximum prices at which gas supplied by authorised suppliers may be resold—
(a) shall be such as may be specified in the direction; or
(b) shall be calculated by such method and by reference to such matters as may be so specified,
and shall publish directions under this section in such manner as in his opinion will secure adequate publicity for them.
(2) A direction under this section may—
(a) require any person who resells gas supplied by a an authorised supplier to furnish the purchaser with such information as may be specified or described in the direction; and
(b) provide that, in the event of his failing to do so, the maximum price applicable to the resale shall be such as may be specified in the direction, or shall be reduced by such amount or such percentage as may be so specified.
(3) Different directions may be given under this section as respects different classes of cases, which may be defined by reference to areas or any other relevant circumstances.
(4) If any person resells any gas supplied by a an authorised supplier at a price exceeding the maximum price determined by or under a direction under this section and applicable to the resale—
(a) the amount of the excess; and
(b) if the direction so provides, interest on that amount at a rate specified or described in the direction,
shall be recoverable by the purchaser.
(5) Nothing in this section shall apply in relation to the resale of gas for use in a motor vehicle which is constructed or adapted to use gas as fuel for its propulsion.
(1) Where it appears to the Authoritythat a regulated person may be contravening, or may have contravened, any relevant condition or requirement or may be failing, or may have failed, to achieve any standard of performance prescribed under section 33A or 33AA,, the Authoritymay, for any purpose connected with the exercise of its functions under section 28 or 30A to 30O in relation to that matter, by notice in writing—
(a) require any person to produce, at a time and place specified in the notice, to the Authorityor to any person appointed by it for the purpose, any documents which are specified or described in the notice and are in that person’s custody or under his control; or
(b) require any person carrying on any business to furnish to the Authoritysuch information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished;
. . .
(1A) Where a licence has been or is to be revoked or suspended, or has expired or is about to expire by effluxion of time, and it appears to the Director, having regard to the duties imposed by section 4AA, 4AB or 4A, to be requisite or expedient to do so for any purpose connected with the revocation, suspension or expiry, the Director may, with the consent of the Secretary of State, by notice signed by him—
(a) require the regulated person to produce, at a time and place specified in the notice, to the Director, or to any person so specified, any records which are specified or described in the notice and are in the licence holder’s custody or under his control; or
(b) require the regulated person to furnish to the Director, or to any person specified in the notice, such information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished.
(1B) No person shall be compelled for any such purpose as is mentioned in subsection (1) or (1A) above to produce any documents or records which he could not be compelled to produce in civil proceedings before the court or, in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in such proceedings.
(2) A person who without reasonable excuse fails to do anything duly required of him by a notice under subsection (1) or (1A)above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) A person who intentionally alters, suppresses or destroys any document or recordswhich he has been required by any such notice to produce shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(4) If a person makes default in complying with a notice under subsection (1) or (1A)above, the court may, on the application of the Director, make such order as the court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.
(5) In this section—
“relevant condition” and “relevant requirement” have the same meanings as in section 28 above;
“the court” has the same meaning as in section 30 above.
(1) This section applies to the following decisions of the Authority or the Secretary of State, namely—
(a) the revocation of a licence;
(b) the modification of the conditions of a licence;
(c) the giving of any directions or consent in pursuance of a condition included in a licence by virtue of section 7B(5)(a)(i) or (ii);
(d) the determination of a question referred in pursuance of a condition included in a licence by virtue of section 7B(5)(a)(iii);
(e) the determination of a dispute referred under section 27A(1);
(ea) the giving of a direction under section 36C;
(f) the making of a final order, the making or confirmation of a provisional order or the revocation of a final order or of a provisional order which has been confirmed.
(2) As soon as reasonably practicable after making such a decision the Authority or the Secretary of State shall publish a notice stating the reasons for the decision in such manner as it or he considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be interested.
(3) The Authority shall send a copy of a notice published in respect of a decision mentioned in paragraph (a), (b), (c), (d) or (f) of subsection (1) to the licence holder to whose licence, or to whom, the decision relates.
(4) In preparing a notice under subsection (2) the Authority or the Secretary of State shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where it or he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body.
(5) This section does not apply to a decision resulting in any provision which the Secretary of State has under section 36(3) directed the Authority not to enter in the register required to be kept under that section.
(6) In this section “final order” and “provisional order” have the same meanings as in section 28.
(1) The Secretary of State may by order provide—
(a) that specified activities are to become licensable activities; or
(b) that specified activities are to cease to be licensable activities.
(2) For the purposes of this Part activities are licensable activities if undertaking them without the authority of a licence or exemption constitutes an offence under section 5(1).
(3) An order under this section may make consequential, transitional, incidental or supplementary provision including—
(a) amendments (or repeals) in any provision of this Act or any other enactment; and
(b) provision modifying any standard conditions of licences or (in the case of an order under subsection (1)(a)) provision determining the conditions which are to be standard conditions for the purposes of licences authorising the undertaking of activities which are to become licensable activities.
(4) An order under this section may only provide for activities to become licensable activities if they are activities connected with—
(a) the conveyance of gas through pipes to premises or to pipe-line systems operated by gas transporters;
(aa) participation in the operation of a gas interconnector;
(b) the supply to premises of gas conveyed through pipes; ...
(c) arranging with gas transporters for gas to be introduced into, conveyed by means of or taken out of pipe-line systems operated by the gas transporters; or
(d) the provision of a smart meter communication service.
(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.
(5) An order under this section providing for activities to become licensable activities may only be made on the application of the Authority made in accordance with section 41D.
(6) An order under this section providing for activities to cease to be licensable activities may be made either—
(a) on the application of the Authority made in accordance with section 41G; or
(b) following consultation by the Secretary of State in accordance with section 41H.
(7) An order under this section may provide that it is to remain in force only for a period specified in the order.
(8) An order shall not be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
41D Application by Authority for order including new activities.
(1) If the Authority proposes to make an application for an order providing for activities to become licensable activities, it shall give notice—
(a) stating that it proposes to make an application for an order providing for the activities to become licensable activities;
(b) setting out the conditions which it would expect such an order to determine to be standard conditions for the purposes of licences authorising the undertaking of the activities and any other conditions which it would expect to be included in such licences; and
(c) specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,
and shall consider any representations or objections which are duly made and not withdrawn.
(2) The notice shall be given by serving a copy on Citizens Advice and Consumer Scotland and by publishing it in such manner as the Authority considers appropriate for bringing it to the attention of—
(a) persons appearing to it to be carrying on, or be intending to carry on, the activities; and
(b) any other persons appearing to it to be likely to be affected by an order providing for the activities to become licensable activities.
(3) If an objection has been duly made (and not withdrawn) by a person who is carrying on or intends to carry on the activities, the Authority shall, before making the application, make a reference under section 41E to the CMA.
(4) In any other case where the Authority considers it appropriate to make a reference to the CMA under section 41E before making the application, the Authority may make such a reference.
(5) If a reference is made to the CMA, the application shall not be made unless the CMA has reported on the reference that the fact that the activities to which the application relates are not licensable activities operates, or may be expected to operate, against the public interest.
(6) The application shall set out—
(a) the activities which the Authority considers should become licensable activities; and
(b) the conditions which the Authority would expect to be determined to be standard conditions for the purposes of licences authorising the undertaking of the activities in question and any other conditions which the Authority would expect to be included in such licences.
(7) The functions of the CMA with respect to a reference under section 41E (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 41EB) 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.
(1) A reference to the CMA under this section shall require the CMA to investigate and report on whether the fact that the activities specified in the reference are not licensable activities operates, or may be expected to operate, against the public interest.
(2) The Authority may, at any time, by notice given to the CMA vary the reference by adding to the activities specified in the reference or by excluding from the reference some of the activities so specified; and on receipt of such notice the CMA shall give effect to the variation.
(3) The Authority shall specify in the reference, or a variation of the reference, for the purpose of assisting the CMA in carrying out the investigation on the reference—
(a) the conditions which the Authority would expect to be determined to be standard conditions for the purposes of licences authorising the undertaking of the activities specified in the reference and any other conditions which the Authority would expect to be included in such licences; and
(b) any effects adverse to the public interest which, in its opinion, the fact that the activities so specified are not licensable activities has or may be expected to have.
(4) As soon as practicable after making the reference, or a variation of the reference, the Authority shall serve a copy of it on Citizens Advice and Consumer Scotland and publish particulars of it in such manner as the Authority considers appropriate for bringing it to the attention of—
(a) persons appearing to the Authority to be carrying on, or be intending to carry on, the activities specified in it; and
(b) any other persons appearing to the Authority to be likely to be affected by it.
(5) The Authority shall, for the purpose of assisting the CMA in carrying out the investigation on the reference, give to the CMA—
(a) any information which is in its possession and which relates to matters falling within the scope of the investigation, and which is either requested by the CMA for that purpose or is information which in its opinion it would be appropriate for that purpose to give to the CMA without any such request; and
(b) any other assistance which the CMA may require, and which it is within its power to give, in relation to any such matters,
and the CMA shall take account of the information for the purpose of carrying out the investigation.
(6) In determining for the purposes of this section whether the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, the CMA shall have regard to—
(a) the matters referred to in section 4AA;
(b) any social or environmental policies set out or referred to in guidance issued under section 4AB; and
(c) any advice given by the Health and Safety Executive under section 4A (advice about health and safety in relation to gas).
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Every reference under section 41E above shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.
(2) A report of the CMA on a reference under section 41E above shall not have effect (in particular for the purposes of section 41D(5) above) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Authority under subsection (3) below.
(3) The Authority may, if it has received representations on the subject from the CMA and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.
(4) No more than one extension is possible under subsection (3) above in relation to the same reference.
(5) The Authority shall publish an extension under subsection (3) above in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.
41EB References under section 41E: application of Enterprise Act 2002
(1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, as they had effect immediately before the relevant date and with the modifications mentioned in subsections (1A), (2) and (3) below, for the purposes of references under section 41E above as they applied immediately before that date for the purposes of references under that Part—
(a) section 109 (attendance of witnesses and production of documents etc.);
(b) section 110 (enforcement of powers under section 109: general);
(c) section 111 (penalties);
(d) section 112 (penalties: main procedural requirements);
(e) section 113 (payments and interest by instalments);
(f) section 114 (appeals in relation to penalties);
(g) section 115 (recovery of penalties); and
(h) section 116 (statement of policy).
(1A) Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—
(a) for subsection (A1), there were substituted—
(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under section 41E of the Gas Act 1986.
, and
(b) subsection (8A) were omitted.
(2) Section 110 shall, in its application by virtue of subsection (1) above, have effect as if—
(a) subsection (2) were omitted; ...
(aa) after subsection (3), there were inserted—
(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.
; and
(b) in subsection (9) the words from “or section” to “section 65(3))” were omitted.
(3) Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—
(ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.
.
(4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply , as it had effect immediately before the relevant date, in relation to functions of the CMA in connection with references under section 41E above as it applied immediately before that date in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2) —
(a) the words “, OFCOM or the Secretary of State” were omitted; and
(b) for the words “their functions” there were substituted “ its functions ”.
(5) Provisions of Part 3 of the Enterprise Act 2002 which , immediately before the relevant date, had effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (1) or (4) above, have effect in relation to those sections as applied by virtue of those subsections as those provisions had effect immediately before that date.
(6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.
(7) In this section “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.
(1) In making a report on a reference under section 41E, the CMA shall include in the report definite conclusions on whether the fact that the activities specified in the reference (or the reference as varied) are not licensable activities operates, or may be expected to operate, against the public interest.
(2) The CMA shall also include in the report such an account of its reasons for those conclusions as in its opinion is expedient for facilitating proper understanding of the questions raised by the reference and of its conclusions.
(3) Where the CMA concludes that the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, it shall specify in the report—
(a) the effects adverse to the public interest which that fact has or may be expected to have; and
(b) any modifications to the conditions specified in the reference in accordance with section 41E(3)(a) which they consider appropriate.
(3A) For the purposes of section 41D(5), a conclusion contained in a report of the CMA is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference .
(3B) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 41E as the conclusions of the CMA, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.
(4) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the CMA on a reference under section 41E.
(4A) In making any report on a reference under section 41E the CMA must have regard to the following considerations before disclosing any information.
(4B) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest.
(4C) The second consideration is the need to exclude from disclosure (so far as practicable)—
(a) commercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or
(b) information relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual’s interests.
(4D) The third consideration is the extent to which the disclosure of the information mentioned in subsection (4C)(a) or (b) is necessary for the purposes of the report.
(5) A report of the CMA on a reference under section 41E shall be made to the Authority.
(6) On receiving the report, the Authority shall send a copy of it to the Secretary of State.
(7) Subject to subsection (8), the Authority shall, not less than 14 days after the copy is received by the Secretary of State, send a copy of the report to Citizens Advice and Consumer Scotland and publish the copy sent to Citizens Advice and Consumer Scotland in such manner as the Authority considers appropriate for bringing the report to the attention of persons likely to be affected by it.
(8) If it appears to the Secretary of State that the publication of any matter in the report would be against the public interest or the commercial interests of any person, he may, before the end of the period of 14 days mentioned in subsection (7), direct the Authority to exclude that matter from the copy of the report to be sent to Citizens Advice and Consumer Scotland and published under that subsection.
41G Application by Authority for order excluding activities.
(1) Before making an application for an order providing for activities to cease to be licensable activities the Authority shall give notice—
(a) stating that it proposes to make an application for an order providing for the activities to cease to be licensable activities; and
(b) specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,
and shall consider any representations or objections duly made and not withdrawn.
(2) The notice shall be given—
(a) by serving a copy on the Secretary of State, the Health and Safety Executive , Citizens Advice and Consumer Scotland; and
(b) by publishing it in such manner as the Authority considers appropriate for bringing it to the attention of persons likely to be affected by such an order.
(3) An application under this section shall set out—
(a) the activities which the Authority considers should cease to be licensable activities; and
(b) the Authority’s reasons for proposing that the order be made.
41H Consultation by Secretary of State about order excluding activities.
(1) If the Secretary of State proposes to make an order providing for activities to cease to be licensable activities (otherwise than on an application by the Authority under section 41G), he shall give notice—
(a) stating that he proposes to make an order providing for the activities to cease to be licensable activities; and
(b) specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,
and shall consider any representations or objections duly made (and not withdrawn).
(2) The notice shall be given—
(a) by serving a copy on the Authority, the Health and Safety Executive , Citizens Advice and Consumer Scotland; and
(b) by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by such an order.
(1) The Secretary of State may by order amend this Part so as to provide—
(a) for one or more activities within subsection (3) to be added to the activities which are licensable activities, or
(b) where an order has previously been made under paragraph (a) in relation to an activity, for the activity to cease to be a licensable activity.
(2) For the purposes of this Part activities are licensable activities if undertaking them without the authority of a licence or exemption constitutes an offence under section 5(1).
(3) The activities within this subsection are activities connected with the provision, installation or operation of relevant meters, including the provision or installation of infrastructure, or the provision of services, in connection with the communication of information by or to such meters.
(4) In this section—
(a) “relevant meter” means a meter of a kind prescribed by the order;
(b) a reference to a meter includes a reference to a visual display unit, or any other device, associated with or ancillary to a meter.
(5) An order under this section may make consequential, transitional, incidental or supplementary provision, including—
(a) amendments (or repeals) in any provision of this Act or any other enactment;
(b) in the case of an order under subsection (1)(a), provision determining the conditions which are to be standard conditions for the purposes of licences authorising the undertaking of the activities;
(c) provision modifying any standard conditions of licences.
(6) Without prejudice to the generality of subsections (1) and (5), an order under this section may also make provision—
(a) for licences to authorise the holder to carry out the licensable activities in any area, or only in an area specified in the licence;
(b) enabling the terms of the licence to be modified so as to extend or restrict the area in which the licence holder may carry on the licensable activities;
(c) specifying that a licence, and any modification of a licence, must be in writing;
(d) for a licence, if not previously revoked, to continue in force for such period as may be specified in or determined by or under the licence;
(e) conferring functions on the Secretary of State or the Authority.
(7) An order under this section may provide that it is to remain in force only for the period specified in the order.
(1) Before making an order under section 41HA, the Secretary of State must consult—
(a) the Authority, and
(b) such other persons as the Secretary of State thinks appropriate.
(2) The power to make such an order may not be exercised after 1 November 2028.
(3) An order under section 41HA may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
(4) Subsections (1) to (3) of section 47 apply in relation to orders under section 41HA as they apply in relation to regulations under this Part.
41HC Competitive tenders for licences for new licensable activities
(1) The Secretary of State may by regulations make provision for a determination on a competitive basis of the person to whom a licence in respect of new licensable activities is to be granted.
(2) In this section “new licensable activities” means one or more activities which are the subject of an order under section 41HA(1)(a).
(3) The regulations may—
(a) provide for the determination to be made by the Secretary of State or the Authority;
(b) provide, in prescribed cases, for the publication of a proposal to grant a licence in respect of the new licensable activities;
(c) provide for the inclusion in such a proposal of an invitation to apply for such a licence;
(d) impose conditions in relation to the making of an application for a licence;
(e) impose restrictions in relation to persons who may apply for a licence;
(f) impose requirements as to the period within which applications must be made;
(g) make provision for regulating the manner in which applications are to be considered or determined;
(h) authorise or require the Secretary of State or the Authority, when determining to whom a licence is to be granted, to have regard to the person's suitability for being granted both the licence and an electricity licence;
(i) confer on the Authority or the Secretary of State functions in connection with tender exercises.
(4) The regulations may also include provision—
(a) enabling the Secretary of State or the Authority to require prescribed persons, in relation to a tender exercise, to make payments, in the form and manner prescribed, in respect of tender costs;
(b) about the effect on a person's participation in the tender exercise of a failure to comply with a requirement imposed by virtue of paragraph (a), and the circumstances in which the tender exercise is to stop as a result of such a failure.
(5) In this section—
“electricity licence” means a licence for an activity to which an order under section 56FA(1)(a) of the Electricity Act 1989 applies;
“prescribed” means prescribed in or determined under regulations under this section;
“tender costs”, in relation to a tender exercise, means any costs incurred or likely to be incurred by the Authority or the Secretary of State for the purposes of the exercise;
“tender exercise” means the steps taken in accordance with regulations with a view to determining to whom a particular licence is to be granted.
(6) Any sums received by the Secretary of State or the Authority under regulations made by virtue of this section are to be paid into the Consolidated Fund.
41I Service by Authority of certain notices on Citizens Advice and Consumer Scotland.
Where the Authority is required by any provision of this Part to publish a notice or any other document, the Authority shall send a copy of the document to Citizens Advice and Consumer Scotland.
(1) If any person, in giving any information or making any application for the purposes of any provision of this Part, or of any regulation made under any provision of this Part, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(1A) Any person who with intent to deceive—
(a) impersonates an officer of a gas transporter, gas supplier or gas shipper for the purpose of obtaining entry to any premises; or
(b) for that purpose makes any statement or does any act calculated falsely to suggest that he is an officer, or an authorised officer, of such a transporter, supplier or shipper,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(2) Proceedings for an offence under subsection (1) above shall not in England and Wales be instituted except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
44 Compensation to chairmen and officers of Consumers’ Councils.
(1) The Secretary of State may pay—
(a) to the person who immediately before the appointed day is the chairman of the National Gas Consumers’ Council; and
(b) to the persons who immediately before that day are the chairmen of the Regional Gas Consumers’ Councils,
such sums by way of compensation for loss of office or loss or diminution of pension rights as the Secretary of State may with the approval of the Treasury determine.
(2) The Secretary of State may also pay to persons who immediately before the appointed day were officers of any of the Councils mentioned in subsection (1) above such sums by way of compensation for loss of employment, or loss or diminution of remuneration or pension rights, as the Secretary of State may with the approval of the Treasury determine.
(3) Any sums required by the Secretary of State for the purposes of this section shall be paid out of money provided by Parliament.
(1) Where a body corporate is guilty of an offence under this Part and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.