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The Utilities Act 2000 (Amendment of Section 105) Order 2019

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Statutory Instruments

2019 No. 931

Energy

The Utilities Act 2000 (Amendment of Section 105) Order 2019

Made

13th May 2019

Laid before Parliament

15th May 2019

Coming into force

1st July 2019

The Secretary of State makes the following Order in exercise of the powers conferred by section 105(7) of the Utilities Act 2000(1).

Citation and commencement

1.  This Order may be cited as the Utilities Act 2000 (Amendment of Section 105) Order 2019 and comes into force on 1st July 2019.

Amendment of the Utilities Act 2000

2.  In section 105(3) of the Utilities Act 2000(2) (general restrictions on disclosure of information), after paragraph (aza) insert—

(azb)it is made for the purpose of facilitating the performance of any functions of the Authority(3) under the Domestic Gas and Electricity (Tariff Cap) Act 2018(4);.

Kelly Tolhurst

Minister for Small Business, Consumer and Corporate Responsibility

Department for Business, Energy and Industrial Strategy

13th May 2019

EXPLANATORY NOTE

(This note is not part of the Order)

Section 105 of the Utilities Act 2000 provides a general restriction on the disclosure of certain information, subject to a number of specified exceptions. This Order amends that provision to allow for disclosure for the purpose of facilitating the performance of any function of the Authority under the Domestic Gas and Electricity (Tariff Cap) Act 2018 (c. 21). The Authority means the Gas and Electricity Markets Authority.

A full impact assessment has not been produced in relation to this Order as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(2)

Section 105(3) was amended by the Energy Act 2004 (c. 20), section 186(b); Energy Act 2008 (c. 32), Schedule 5, paragraph 15(b); Energy Act 2010 (c. 27), Schedule, paragraph 16(b); Energy Act 2011 (c. 16), Schedule 1, paragraph 9; Energy Act 2013 (c. 32), section 52(b); Infrastructure Act 2015 (c. 7), section 51(9); Scotland Act 2016 (c. 11), section 60(13); S.I. 2014/631; S.I. 2014/892; and S.I. 2015/862.

(3)

The term “Authority” is defined in section 106(1) of the Utilities Act 2000.

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