The Utilities Act 2000 (Amendment of Section 105) Order 2020

Amendment of the Utilities Act 2000

2.—(1) In section 105(3)(1) of the Utilities Act 2000 (general restrictions on disclosure of information), after paragraph (b) insert—

“(ba) it is a protected disclosure for the purposes of the Employment Rights Act 1996(2) (and for the purposes of ascertaining whether it is a protected disclosure, subsection (9) is to be disregarded);”.

(2) In section 105(4)(g)(3) of the Utilities Act 2000, for the words from “under” to the end substitute—

“—

(i) under or by virtue of the 1986 Act, the 1989 Act, this Act or any Act or instrument specified in subsection (6), or

(ii) in reliance on section 47B or 103A of the Employment Rights Act 1996;”.

(1)

Section 105(3) was amended by the Energy Act 2004 (c. 20), section 186(b); the Energy Act 2008 (c. 32), Schedule 5, paragraph 15(b); the Energy Act 2010 (c. 27), Schedule, paragraph 16(b); the Energy Act 2011 (c. 16), Schedule 1, paragraph 9; the Energy Act 2013 (c. 32), section 52(b); the Infrastructure Act 2015 (c. 7), section 51(9); the Scotland Act 2016 (c. 11), section 60(13); S.I. 2014/631; S.I. 2014/892; S.I. 2015/862 and S.I. 2019/931.

(2)

1996 c. 18.

(3)

Section 105(4) was amended by the Anti-terrorism, Crime and Security Act 2001 (c. 24), section 17, Schedule 4, part 1, paragraph 52; the Financial Services Act 2012 (c. 21), Schedule 18, paragraph 89; S.I. 2001/3649; S.I. 2002/1555; S.I. 2008/960; S.I. 2013/1882; S.I. 2014/469; S.I. 2015/862 and S.I. 2019/530.