The Utilities Act 2000 (Commencement No. 6 and Transitional Provisions ) Order 2001

Citation and interpretation

1.—(1) This order may be cited as the Utilities Act 2000 (Commencement No. 6 and Transitional Provisions) Order 2001.

(2) In this Order (save where the context otherwise requires)—

“the appointed day” means 1st October 2001;

“the Act” means the Utilities Act 2000;

“distribution successor” means, in relation to a public electricity supplier, the person who becomes an electricity distributor by virtue of a scheme made in relation to that public electricity supplier under Part II of Schedule 7;

“the Electricity Act” means the Electricity Act 1989(1);

“the Gas Act” means the Gas Act 1986(2); and

“supply successor” means, in relation to a public electricity supplier, the person who becomes an electricity supplier by virtue of a scheme made in relation to that public electricity supplier under Part II of Schedule 7.

(3) In this Order (save where the context otherwise requires) references to sections and Schedules are references to sections of and Schedules to the Act.

Provisions of the Act commenced by this Order

2.  Subject to articles 3 to 20, on the appointed day the provisions of the Act listed in the first column of the Schedule to this Order shall come into force for the purposes set out in the second column.

Transitional provisions

3.—(1) This article applies where—

(a) before the appointed day an application has been made under section 6(3)(3) of the Electricity Act for the grant or extension of a licence; and

(b) the application has not been determined before the appointed day

and in this article such an application shall be referred to as a “continuing application”.

(2) Subject to the following provisions of this article, a continuing application shall have effect on and after the appointed day as if it were an application made to the Authority for, as the case may be,—

(a) a generation licence to be granted under section 6(1)(a) of the Electricity Act;

(b) a transmission licence to be granted under section 6(1)(b) of the Electricity Act;

(c) a supply licence to be granted under section 6(1)(d) of the Electricity Act; or

(d) an extension of a supply licence to be granted under section 6(4) of the Electricity Act

and in each of sub-paragraphs (a) to (d) above the reference to section 6 of the Electricity Act shall be a reference to that section as substituted by section 30.

(3) On and after the appointed day sections 6 (as substituted by section 30) and 7(4) (as amended by section 32) of the Electricity Act shall apply to any licence granted or extended in pursuance of a continuing application.

(4) Subject to paragraph (5) below, on and after the appointed day sections 6A and 6B of the Electricity Act (as substituted by section 30) shall apply to any continuing application.

(5) On and after the appointed day section 6(3), (4) and (5) of the Electricity Act shall apply to a continuing application as if, notwithstanding the commencement by this Order of any provision of the Act, they had not been replaced.

4.—(1) This article applies where—

(a) before the appointed day a public electricity supplier receives a notice pursuant to section 16(2)(5) of the Electricity Act (referred to in this article as a “section 16(2) notice”);

(b) the public electricity supplier has not by the appointed day begun to give a supply of electricity as required by the section 16(2) notice; and

(c) none of the exemptions in section 17 of the Electricity Act apply.

(2) Subject to the following provisions of this article, the section 16(2) notice shall have effect on and after the appointed day as if it were a request for a supply of electricity made to the supply successor and, where there is no connection in place between the premises to which the notice relates and the distribution system of the distribution successor, a request for such a connection made pursuant to section 16 of the Electricity Act (as substituted by section 44) to the distribution successor.

(3) Where the section 16(2) notice is treated as a request for a supply made to the supply successor, the supply successor shall give to the person requiring the supply of electricity a notice which shall state—

(a) the extent to which the person’s proposals are acceptable to the supply successor; and

(b) details as to the price and terms upon which the supply successor is prepared to give a supply of electricity;

in so far as that information has not already been given to the person by the public electricity supplier before the appointed day.

(4) Any connection made by a distribution successor on or after the appointed day as a result of a section 16(2) notice given to a public electricity supplier shall be a connection made in pursuance of section 16(1) of the Electricity Act (as substituted by section 44).

5.—(1) This article applies where—

(a) before the appointed day a public electricity supplier and a person who has requested the said supplier to provide a connection to any premises have agreed to enter into an agreement as mentioned in section 22(1)(6) of the Electricity Act; and

(b) the parties have not by the appointed day entered into an agreement.

(2) On and after the appointed day the distribution successor and the person requesting the connection shall be deemed to have agreed to enter into a special connection agreement as mentioned in section 22(1) of the Electricity Act (as substituted by section 49).

(3) Any connection made by a distribution successor as a result of the application of paragraph (2) shall be a connection made in pursuance of section 22 of the Electricity Act (as substituted by section 49).

6.—(1) This article applies where—

(a) before the appointed day a dispute has arisen under sections 16 to 22(7) of the Electricity Act between a public electricity supplier and a person requiring a supply of electricity (referred to in this article as “the customer”);

(b) the dispute relates to a connection between premises and the distribution system of the public electricity supplier (referred to in this article as “the connection”); and

(c) that dispute has not been referred to the Authority as provided for in section 23(1)(a)(8) of the Electricity Act or has been so referred but has not been determined

and in this article such a dispute shall be referred to as a “continuing dispute”.

(2) On and after the appointed day a continuing dispute shall have effect, in so far as it relates to the connection, as a dispute between the customer and the distribution successor.

(3) On and after the appointed day section 23 of the Electricity Act (as amended by paragraphs 24 and 26 of Schedule 6) shall apply to a continuing dispute, save that for “21” in each place that it occurs there is substituted “22”.

7.—(1) This article applies where—

(a) before the appointed day a public electricity supplier has failed to meet any standard prescribed in regulations made pursuant to section 39(1)(9) of the Electricity Act; and

(b) such compensation as he may be required to make has not been paid as provided for in section 39(3) of the Electricity Act.

(2) On and after the appointed day—

(a) the failure of a public electricity supplier to meet any standard relating to supply activities shall be regarded as a failure of the supply successor and the obligation to make compensation in such a case shall be regarded as an obligation of the supply successor; and

(b) the failure of a public electricity supplier to meet any standard relating to distribution activities shall be regarded as a failure of the distribution successor and the obligation to make compensation in such a case shall be regarded as an obligation of the distribution successor.

(3) Subject to the provisions of paragraph (2), on and after the appointed day section 39 of the Electricity Act shall apply to the obligation to make compensation, and any dispute in respect thereof as if, notwithstanding the commencement by this Order of any provision of the Act, it had not been amended by the Act.

8.—(1) This article applies where before the appointed day a public electricity supplier has failed to meet any standard of overall performance determined by the Authority pursuant to section 40(1)(10) of the Electricity Act.

(2) On and after the appointed day—

(a) the failure of any public electricity supplier to meet any standard of overall performance relating to supply activities shall be regarded as a failure of the supply successor; and

(b) the failure of any public electricity supplier to meet any standard of overall performance relating to distribution activities shall be regarded as a failure of the distribution successor.

9.—(1) Subject to paragraphs (2) and (3), on and after the appointed day section 42A(11) of the Electricity Act shall continue to apply in respect of any standards of overall performance determined by the Authority pursuant to section 40(1) of the Electricity Act before the appointed day as if, notwithstanding the commencement by this Order of any provision of the Act, it had not been replaced.

(2) Where any overall standards of performance referred to in paragraph (1) relate to supply activities, for “public electricity supplier” in section 42A(1) there shall be substituted “electricity supplier”, and for “his” there shall be substituted “the public electricity supplier’s former”, and after “performance” in each place where it occurs there shall be inserted “relating to supply activities”.

(3) Where any overall standards of performance referred to in paragraph (1) relate to distribution activities, for “public electricity supplier” there shall be substituted “electricity distributor”, for “his” there shall be substituted “the public electricity supplier’s former”, and after “performance” in each place where it occurs there shall be inserted “relating to distribution activities”.

10.—(1) Paragraphs (2) and (3) of this article apply where, before the appointed day, a public electricity supplier has not completed the exercise of his right under paragraph 1(1) of Schedule 6(12) to the Electricity Act to recover from a tariff customer any charges (other than those referred to in section 19(4)(13) of the Electricity Act) due to him in respect of the supply of electricity or the provision of any electricity meter, electric line or electrical plant.

(2) On and after the appointed day any charges due to the public electricity supplier in respect of the matters referred to in paragraph (1) shall be regarded—

(a) as being due to the supply successor; and

(b) as being charges to which paragraph 2 of Schedule 6 to the Electricity Act (as substituted by section 51 and Schedule 4) applies.

(3) In the circumstances to which paragraph (2) above applies, the “requisite period” referred to in paragraph 2(3) of Schedule 6 to the Electricity Act (as substituted by section 51 and Schedule 4) shall mean the period of 28 days after the making by the public electricity supplier of a demand in writing for the payment of the charges due, or, where such a demand has not been made, the period of 28 days after the making of such a demand by his supply successor.

(4) Paragraph (5) of this article applies where, before the appointed day, a public electricity supplier has not completed the exercise of his right under paragraph 1(1) of Schedule 6 to the Electricity Act to recover from a tariff customer any charges of the type referred to in section 19(4) of the Electricity Act (prior to its amendment by section 46(1) and (5)) in respect of the provision of any electric line or electrical plant.

(5) On and after the appointed day any charges due to the public electricity supplier in respect of the matters referred to in paragraph (4) shall be regarded as being due to the distribution successor.

11.—(1) This article applies where—

(a) before the appointed day a dispute has arisen under paragraph 1 of Schedule 7(14) to the Electricity Act between a public electricity supplier and a customer; and

(b) that dispute has not been referred to the Authority as provided for in section 23(1) of the Electricity Act or has been so referred but has not been determined

and in this article such a dispute shall be referred to as a “continuing dispute”.

(2) On and after the appointed day a continuing dispute shall have effect as a dispute between the supply successor and the customer.

(3) On and after the appointed day section 23 of the Electricity Act (as amended by paragraphs 24 and 26 of Schedule 6) shall apply to a continuing dispute.

12.—(1) The substitution of paragraph 12(2) of Schedule 7 to the Electricity Act by section 52 and paragraph 8 of Schedule 5 shall not prevent a pre-payment meter from being used as provided for in the said paragraph 12(2) before its substitution in pursuance of an agreement made between an electricity supplier and a customer of its before the appointed day for the recovery of any sum owing before that day.

(2) For the purposes of this article, “electricity supplier” has the same meaning as it has in Schedule 7 to the Electricity Act before the appointed day.

13.—(1) This article applies where, before the appointed day, the Authority has given notice under section 26(1) of the Electricity Act of its intention to make a final order or to confirm a provisional order against a public electricity supplier but the Authority has not before the appointed day made or confirmed such an order.

(2) On and after the appointed day the Authority may exercise its powers under section 25(15) of the Electricity Act to make a final order or confirm a provisional order in respect of the supply successor (where the relevant condition or requirement set out in the notice given under section 26(1) of the Electricity Act relates to supply activities) or the distribution successor (where the relevant condition or requirement so set out relates to distribution activities) as if, notwithstanding the commencement by this Order of any provisions of the Act, the said section 25 had not been amended.

14.—(1) This article applies where, before the appointed day, the Authority has served a notice under section 28(2)(16) of the Electricity Act on a public electricity supplier and the public electricity supplier has not satisfied the requirements set out in the notice.

(2) On and after the appointed day the person on whom the notice is to be regarded as served shall be the supply successor (where the documents or information specified or described relate to supply) or the distribution successor (where the documents or information specified or described relate to distribution) or both the supply successor and distribution successor where the documents or information relate to both distribution and supply.

(3) On and after the appointed day section 28 of the Electricity Act shall apply to a notice as if, notwithstanding the commencement by this Order of any provisions of the Act, it had not been amended.

15.  The requirement in section 42C(2)(17) of the Electricity Act for a company to make a statement to the Authority shall apply in respect of the first complete financial year of the company which commences on or after the appointed day and each subsequent financial year of the company after the appointed day.

16.—(1) This article applies where—

(a) before the appointed day a direction has been given under the Electricity Act to a public electricity supplier; and

(b) that direction is still in effect on the appointed day.

(2) On and after the appointed day the direction shall have effect as a direction given to the supply successor where it relates to supply activities, a direction given to the distribution successor where it relates to distribution activities or a direction given to both the supply successor and the distribution successor where it relates to both supply and distribution activities.

17.—(1) The article applies where—

(a) before the appointed day an application has been made under section 7B(1)(18) of the Gas Act for a licence or the extension or restriction of a licence; and

(b) the application has not been determined before the appointed day

and in this article such an application shall be referred to as a “continuing application”.

(2) On and after the appointed day section 7B of the Gas Act (as amended by section 74 and Schedule 6, paragraphs 1, 2, 5 and 6 and Schedule 8) shall apply to any continuing application as if, notwithstanding the commencement of section 74(2) of the Act, section 7B(2A) of the Gas Act had not been inserted.

18.—(1) This article applies where—

(a) before the appointed day a request has been made to the Authority for its consent under section 8AA(2) and (3)(19) of the Gas Act to the assignment of a licence; and

(b) the Authority has not given its consent before the appointed day.

(2) On and after the appointed day section 8AA of the Gas Act shall apply to a request and any consent given as if, notwithstanding the commencement by this Order of any provisions of the Act, it had not been replaced.

19.  The insertion by section 84 of paragraph 6A of Schedule 2B(20) to the Gas Act shall not prevent a pre-payment meter from being used to recover any charges owing before the appointed day to a gas supplier from a consumer in respect of the supply of gas to any premises previously owned or occupied by the consumer in pursuance of an agreement made between the consumer and a gas supplier before the appointed day.

20.  The requirement in section 33F(2)(21) of the Gas Act for a company to make a statement to the Authority shall apply in respect of the first complete financial year of the company which commences on or after the appointed day and each subsequent financial year of the company after the appointed day.

Brian Wilson

Minister of State for Industry and Energy

Department of Trade and Industry

28th September 2001