Energy Act 2011

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

Smart meters E+W+S

73 Smart meters E+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 certificates E+W+S

74 Access to register of energy performance certificates etc: England and Wales E+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.

75 Access to register of energy performance certificates etc: Scotland S

(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.

Commencement Information

I1 S. 75 in force at 22.6.2012 by S.S.I. 2012/191, art. 2(1)(2)(e)

Information about tariffs E+W+S

F1 76 Power to modify energy supply licences: information about tariffs E+W+S

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Textual Amendments

F1 Ss. 76-78 repealed (18.2.2014) by Energy Act 2013 (c. 32), ss. 142(4), 156(2)

F1 77 Power to modify energy supply licences: procedure and supplemental E+W+S

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Textual Amendments

F1 Ss. 76-78 repealed (18.2.2014) by Energy Act 2013 (c. 32), ss. 142(4), 156(2)

F1 78 General duties of the Secretary of State E+W+S

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Textual Amendments

F1 Ss. 76-78 repealed (18.2.2014) by Energy Act 2013 (c. 32), ss. 142(4), 156(2)