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Energy Act 2010

Schedule: Consequential Amendments

151.This Schedule contains consequential amendments to the Gas Act 1986, the Electricity Act 1989 and the Utilities Act 2000. Paragraphs 2 and 6 make regulations under sections 9 and 11 and 26 to 29 of the Act a ‘relevant requirement’ for the purposes of the relevant provisions of the Gas Act 1986 and the Electricity Act 1989. This means that Ofgem may use their existing enforcement powers under those Acts if suppliers fail to comply with any regulations made under these sections.

152.Paragraphs 3, 4, 9, 10, 13 and 15 repeal sections 41A and 41B of the Gas Act 1986, sections 43A and 43B of the Electricity Act 1989 and sections 69 and 98 of the Utilities Act 2000 as these are replaced by sections 26 to 29.

153.Paragraphs 7 and 8 make appropriate changes to sections 27 (validity and effect of orders) and 27E (appeals) of the Electricity Act 1989 to remove the possibility, when the power in section 18(1) is exercised, of using the court-based appeals process that is available in respect of orders enforcing other licence conditions. This appeal process is not required in this context because of the provisions made in sections 20 and 21 for appeals to the CAT.

154.Paragraphs 12 and 14 amend sections 33(1) and 81(2) of the Utilities Act 2000 to ensure that the standard gas and electricity licence conditions incorporate modifications to the standard licence conditions made under the powers of the Act.

155.In amending section 105 of the Utilities Act 2000, paragraph 16 ensures that information about individuals that is obtained under Part 2 or sections 27 or 28 of the Act is protected generally from onward disclosure, but also ensures suppliers can share information about their activities under these sections of the Act for the purpose of facilitating the performance of Ofgem’s functions to monitor compliance with the schemes.

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