Search Legislation

Energy Act 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Point in time view latest with prospective.This version of this chapter contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes over time for: CHAPTER 5

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Energy Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

CHAPTER 5E+W+SInformation about energy consumption, efficiency and tariffs

Smart metersE+W+S

73Smart metersE+W+S

(1)Section 88 of the Energy Act 2008 (power to modify licence conditions etc: smart meters) is amended in accordance with subsections (2) to (6).

(2)In subsection (1)(a) (type of licence that may be modified)—

(a)for “6(1)(c)” substitute “ 6(1)(b), (c) ”;

(b)before “distribution” insert “ transmission, ”.

(3)In subsection (3) (non-exhaustive list of modifications that may be made) after paragraph (j) insert—

(ja)provision requiring the holder of a licence to supply information to the Secretary of State or the Authority (or both) so as to enable them to assess any matter relating to the provision, installation, or operation of meters;.

(4)In subsection (4) (further provision about the manner in which the power may be exercised) in paragraph (a) after “relation to” insert “ different areas or ”.

(5)In subsection (5) (period after which the power may not be exercised) for the words from “the end of the period of 5 years” to the end substitute “ 1 November 2018 ”.

(6)In subsection (6)(c) for “6(1)(c)” substitute “ 6(1)(b), (c) ”.

(7)In section 56FB of the Electricity Act 1989 (supplemental provision about the power to provide for activities connected with smart meters to be licensable activities) in subsection (2) (period after which the power may not be exercised) for the words from “the end of the period of 5 years” to the end substitute “ 1 November 2018 ”.

(8)In section 41HB of the Gas Act 1986 (supplemental provision about the power to provide for activities connected with smart meters to be licensable activities) in subsection (2) (period after which the power may not be exercised) for the words from “the end of the period of 5 years” to the end substitute “ 1 November 2018 ”.

Energy performance certificatesE+W+S

74Access to register of energy performance certificates etc: England and WalesE+W

(1)The Secretary of State may make regulations for the purpose of authorising the person keeping a register to disclose, in accordance with the provision made in the regulations, the documents or data entered onto the register.

(2)The power under subsection (1) may be exercised, in particular, to make provision—

(a)excluding a document or data, or a specified part of a document or data, from disclosure where the document or data relates to a specified description of buildings;

(b)excluding a document or data, or a specified part of a document or data, from disclosure to a specified description of persons;

(c)restricting the number of disclosures made to a specified description of persons;

(d)for a disclosure made to a specified description of persons to be subject to specified conditions;

(e)as to the sanctions for non-compliance with any condition specified by virtue of paragraph (d) (including sanctions preventing or restricting future disclosures);

(f)in consequence of any provision which is made by virtue of paragraphs (a) to (e).

(3)In subsection (1) “a register” means a register maintained under Part 6 of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (S.I. 2007/991).

(4)In subsection (2) “specified” means specified in the regulations made under this section.

(5)Regulations under this section may make different provision for different cases or circumstances or for different purposes.

(6)Regulations under this section are subject to the negative procedure.

(7)For the purposes of this section a reference to the disclosure of a document or data includes a reference to disclosure of information derived from the document or data.

75Access to register of energy performance certificates etc: ScotlandS

(1)The Scottish Ministers may make regulations for the purpose of authorising or requiring the person keeping a register to disclose, in accordance with the provision made in the regulations, the documents or data entered onto the register.

(2)The power under subsection (1) may be exercised, in particular, to make provision—

(a)excluding a document or data, or a specified part of a document or data, from disclosure where the document or data relates to a specified description of buildings;

(b)excluding a document or data, or a specified part of a document or data, from disclosure to a specified description of persons;

(c)restricting the number of disclosures made to a specified description of persons;

(d)for a disclosure made to a specified description of persons to be subject to specified conditions;

(e)as to the sanctions for non-compliance with any condition specified by virtue of paragraph (d) (including sanctions preventing or restricting future disclosures);

(f)in consequence of any provision which is made by virtue of paragraphs (a) to (e).

(3)In subsection (1) “a register” means a register maintained under regulation 10 of the Energy Performance of Buildings (Scotland) Regulations 2008 (S.S.I. 2008/309).

(4)In subsection (2) “specified” means specified in the regulations made under this section.

(5)Regulations under this section may make different provision for different cases or circumstances or for different purposes.

(6)Regulations under this section are subject to the negative procedure.

(7)For the purposes of this section a reference to the disclosure of a document or data includes a reference to disclosure of information derived from the document or data.

Information about tariffsE+W+S

76Power to modify energy supply licences: information about tariffsE+W+S

(1)The Secretary of State may modify—

(a)a condition of a particular licence under section 7A(1) of the Gas Act 1986 (supply licences);

(b)the standard conditions incorporated in licences under that provision by virtue of section 8 of that Act;

(c)a condition of a particular licence under section 6(1)(d) of the Electricity Act 1989 (supply licences);

(d)the standard conditions incorporated in licences under that provision by virtue of section 8A of that Act.

(2)The power under subsection (1) may be exercised for the purpose only of securing that a licence holder provides a customer on a domestic tariff with information about one or more of the licence holder's lowest domestic tariffs.

(3)The information to be provided about a tariff by virtue of subsection (2) may, in particular, include information about—

(a)the amount of the tariff;

(b)the amount the customer would have paid or saved in relation to any past period if the customer had been on the tariff for that period;

(c)the amount the customer would be likely to pay or save in relation to any future period if the customer were on the tariff for that period;

(d)where to find further information about the tariff;

(e)how to switch to it.

(4)Modifications under subsection (1) may, in particular, include provision regarding—

(a)which one or more domestic tariffs of a licence holder are its lowest domestic tariffs;

(b)which of its lowest domestic tariffs a licence holder must provide information about;

(c)how and when the information must be provided;

(d)the form in which it must be provided.

(5)The power under subsection (1)—

(a)may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);

(b)may be exercised differently in different cases or circumstances;

(c)includes a power to make consequential modifications.

(6)Provision included in licences by virtue of the power may make different provision for different cases.

(7)The power under subsection (1) may not be exercised after 1 November 2018.

(8)In this section—

  • domestic supply contract” means a contract for the supply of gas or electricity by a licence holder to a customer at domestic premises wholly or mainly for domestic purposes;

  • domestic tariff” means a tariff under a domestic supply contract.

77Power to modify energy supply licences: procedure and supplementalE+W+S

(1)Before making a modification, the Secretary of State must consult—

(a)the holder of any licence being modified,

(b)the Gas and Electricity Markets Authority, and

(c)such other persons as the Secretary of State considers appropriate.

(2)The Secretary of State must publish details of any modifications as soon as reasonably practicable after they are made.

(3)A modification of part of a standard condition of a particular licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986 or Part 1 of the Electricity Act 1989.

(4)Where the Secretary of State makes a modification of the standard conditions of a licence of any type, the Gas and Electricity Markets Authority must make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time.

(5)In section 33(1) of the Utilities Act 2000 (standard conditions of electricity licences), in paragraph (f) (as inserted by section 22(7) of this Act), after “Part 1” insert “ or section 76 ”.

(6)In section 81(2) of the Utilities Act 2000 (standard conditions of gas licences), after “Part 1” (as inserted by section 22(8) of this Act) insert “ or section 76 ”.

(7)In this section “modification” means a modification under section 76.

78General duties of the Secretary of StateE+W+S

(1)Sections 4AA to 4B of the Gas Act 1986 (principal objective and general duties) apply in relation to functions of the Secretary of State under section 76 or 77 of this Act with respect to holders of licences under section 7A(1) of that Act as they apply in relation to functions of the Secretary of State under Part 1 of that Act.

(2)Sections 3A to 3D of the Electricity Act 1989 (principal objective and general duties) apply in relation to functions of the Secretary of State under section 76 or 77 of this Act with respect to holders of licences under section 6(1)(d) of that Act as they apply in relation to functions of the Secretary of State under Part 1 of that Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources