http://www.legislation.gov.uk/ukpga/1986/44/bodyGas Act 1986Gas Act 19861986-07-25texttext/xmlenStatute Law Database2025-12-02Expert Participation2025-11-13 Part I Gas Supply Introductory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3<Addition ChangeId="d29p90" CommentaryRef="c14411711"> The principal objective and general duties of the Secretary of State and the Authority.</Addition>4AA1The principal objective of the Secretary of State and the Gas and Electricity Markets Authority (in this Act referred to as “the Authority”) in carrying out their respective functions under this Part is to protect the interests of existing and future consumers in relation to gas conveyed through pipes ....1AThose interests of existing and future consumers are their interests taken as a whole, including—atheir interests in the Secretary of State’s compliance with the duties in sections 1 and 4(1)(b) of the Climate Change Act 2008 (net zero target for 2050 and five-year carbon budgets); ...btheir interests in the security of the supply of gas to them ; andctheir interests in the fulfilment by the Authority, when carrying out its designated regulatory functions, of the designated regulatory objectives.1BThe Secretary of State and the Authority shall carry out their respective functions under this Part in the manner which the Secretary of State or the Authority (as the case may be) considers is best calculated to further the principal objective, wherever appropriate by promoting effective competition between persons engaged in, or in commercial activities connected with, the shipping, transportation or supply of gas conveyed through pipes.1CBefore deciding to carry out functions under this Part in a particular manner with a view to promoting competition as mentioned in subsection (1B), the Secretary of State or the Authority shall consider—ato what extent the interests referred to in subsection (1) of consumers would be protected by that manner of carrying out those functions; andbwhether there is any other manner (whether or not it would promote competition as mentioned in subsection (1B)) in which the Secretary of State or the Authority (as the case may be) could carry out those functions which would better protect those interests.2 In performing the duties under subsections (1B) and (1C), the Secretary of State or the Authority shall have regard to—athe need to secure that, so far as it is economical to meet them, all reasonable demands in Great Britain for gas conveyed through pipes are met; andbthe need to secure that licence holders are able to finance the activities which are the subject of obligations imposed by or under this Part , the Utilities Act 2000 , Part 5 of the Energy Act 2008 or section 4, Part 2, , sections 26 to 29 of the Energy Act 2010, or Chapter 1 of Part 2, Chapters 2 and 3 of Part 4 and sections 245 to 247 of the Energy Act 2023 ; andcthe need to contribute to the achievement of sustainable development.3In performing the duties under subsections (1B), (1C) and (2), the Secretary of State or the Authority shall have regard to the interests of—aindividuals who are disabled or chronically sick;bindividuals of pensionable age;cindividuals with low incomes; anddindividuals residing in rural areas;but that is not to be taken as implying that regard may not be had to the interests of other descriptions of consumer.4The Secretary of State and the Authority may, in carrying out any function under this Part, have regard to—athe interests of consumers in relation to electricity conveyed by distribution systems or transmission systems (within the meaning of the Electricity Act 1989); andbany interests of consumers in relation to—icommunications services and electronic communications apparatus, oriiwater services or sewerage services (within the meaning of the Water Industry Act 1991),which are affected by the carrying out of that function.5Subject to subsections (1B) and (2) and to section 132(2) of the Energy Act 2013 (duty to carry out functions in manner best calculated to further delivery of policy outcomes), the Secretary of State and the Authority shall carry out their respective functions under this Part in the manner which he or it considers is best calculated—ato promote efficiency and economy on the part of persons authorised by licences or exemptions to carry on any activity, and the efficient use of gas conveyed through pipes;bto protect the public from dangers arising from the conveyance of gas through pipes or from the use of gas conveyed through pipes or the provision of a smart meter communication service; ba. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cto secure a diverse and viable long-term energy supply, and ... shall have regard, in carrying out those functions, to the effect on the environment of activities connected with the conveyance of gas through pipes or the provision of a smart meter communication service.5AIn carrying out their respective functions under this Part in accordance with the preceding provisions of this section the Secretary of State and the Authority must each have regard to—athe principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed; andbany other principles appearing to him or, as the case may be, it to represent the best regulatory practice.5BIn subsection (1A)— “the designated regulatory objectives” means the objectives set out in Article 40(c) to (h) of the Gas Directive but read with the following modifications— in Article 40(c), for the words from “between” to the end substitute “ , including enabling the development of appropriate cross-border transmission capacities to meet demand; ”,in Article 40(d), omit “, in line with general energy policy objectives,”,in Article 40(f), omit “and foster market integration”, andin Article 40(g), for “their national market” substitute “the energy market in Great Britain”;.........6In subsections (1C), (3) and (4) references to consumers include both existing and future consumers.7In this section and sections 4AB and 4A, references to functions of the Secretary of State or the Authority under this Part include a reference to functions under the Utilities Act 2000 which relate to gas conveyed through pipes.8In this Part, unless the context otherwise requires,—“exemption” means an exemption granted under section 6A;“licence” means a licence under section 7 , 7ZA , 7A , 7AA, 7AB or 7AC and “licence holder” shall be construed accordingly.<Addition ChangeId="d29p263" CommentaryRef="c14411761"> Guidance on social and environmental matters.</Addition>4AB1The Secretary of State shall from time to time issue guidance about the making by the Authority of a contribution towards the attainment of any social or environmental policies set out or referred to in the guidance.2The Authority shall, in carrying out its functions under this Part, have regard to any guidance issued under this section.3Before issuing guidance under this section the Secretary of State shall consult—athe Authority;b Citizens Advice;ba Consumer Scotland;clicence holders; anddsuch other persons as the Secretary of State considers it appropriate to consult in relation to the guidance.4A draft of any guidance proposed to be issued under this section shall be laid before each House of Parliament.5Guidance shall not be issued under this section until after the period of forty days beginning with—athe day on which the draft is laid before each House of Parliament; orbif the draft is laid before the House of Lords on one day and the House of Commons on another, the later of those two days.6If, before the end of that period, either House resolves that the guidance should not be issued, the Secretary of State must not issue it.7In reckoning any period of forty days for the purposes of subsection (5) or (6), no account shall be taken of any time during which—aParliament is dissolved or prorogued; orbboth Houses are adjourned for more than four days.8The Secretary of State shall arrange for any guidance issued under this section to be published in such manner as he considers appropriate.<Addition ChangeId="d29p372" CommentaryRef="c14411791"> Health and safety.</Addition>4A1The Secretary of State and the Authority shall consult the Health and Safety Executive about all gas safety issues which may be relevant to the carrying out of any of their respective functions under this Part.2The Secretary of State and the Authority shall, in carrying out their respective functions under this Part, take into account any advice given by the Health and Safety Executive about any gas safety issue (whether or not in response to consultation under subsection (1)).3For the purposes of this section a gas safety issue is anything concerning the conveyance of gas through pipes, or the use of gas conveyed through pipes, which may affect the health and safety of—amembers of the public; orbpersons employed in connection with the conveyance of gas through pipes or the supply of gas conveyed through pipes.<Addition ChangeId="d29p412" CommentaryRef="c14411801"> Exceptions from sections 4AA to 4A.</Addition>4B1Section 4AA does not apply in relation to the issuing by the Secretary of State of guidance under section 4AB.2Sections 4AA to 4A do not apply in relation to anything done by the Authority—ain the exercise of functions relating to the determination of disputes; orbin the exercise of functions under section 36A(3).3The Authority may nevertheless, when exercising any function under section 36A(3), have regard to any matter in respect of which a duty is imposed by sections 4AA to 4A if it is a matter to which the CMA could have regard when exercising that function.4The duties imposed by sections 4AA to 4A do not affect the obligation of the Authority or the Secretary of State to perform or comply with any other duty or requirement (whether arising under this Act or another enactment, by virtue of any assimilated obligation or otherwise).<Addition ChangeId="key-3342e9e00becdc77f2ed031054ea1ac0-1508341249128" CommentaryRef="key-3342e9e00becdc77f2ed031054ea1ac0">Binding decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission</Addition>4C1The Authority must carry out its functions under this Part in the manner that it considers is best calculated to implement, or to ensure compliance with, any binding decision of the Agency or the European Commission made under the Gas Directive, the Gas Regulation or the Agency Regulation (or the predecessor of the Agency Regulation) in relation to gas.2For the purposes of subsection (1), a binding decision does not include a decision that is not, or so much of a decision as is not, assimilated law.<Addition ChangeId="key-a1726f3877ce3497af86cab91c82a4cb-1508341436631" CommentaryRef="key-a1726f3877ce3497af86cab91c82a4cb">Authority to consult and cooperate with other authorities</Addition>4D1When carrying out its designated regulatory functions, the Authority must, wherever it thinks fit—aconsult and cooperate with the Northern Ireland Authority;bprovide the Northern Ireland Authority with information it may require in order to carry out its designated regulatory functions; ...cconsult relevant national authorities;d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2In exercising functions in accordance with subsection (1), the Authority must, wherever it thinks fit, cooperate with the Northern Ireland Authority with a view ... to—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bthe promotion and facilitation of cooperation between transmission system operators;cthe optimal management of gas networks;dthe promotion of jointly managed trade in gas between Great Britain and Northern Ireland and the allocation of capacity between Great Britain and Northern Ireland;eensuring an adequate level of interconnection capacity; f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . andgthe coordination of the regulation of gas markets, including rules concerning the management of congestion of gas networks.3In this section—...... “relevant national authority” means any of the following—...the Office of Communications; the CMA;the Water Services Regulation Authority. ...Duty to notify etc. the European Commission: agreements with third countries4E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p460" CommentaryRef="c14411851"> Licensing of activities relating to gas</Addition><Addition ChangeId="c14411951" CommentaryRef="c14411951">Prohibition on unlicensed activities</Addition>51Subject to section 6A below and Schedule 2A to this Act, a person who—a otherwise than by means of a gas interconnector conveys gas through pipes to any premises, or to a pipe-line system operated by a gas transporter;aaparticipates in the operation of a gas interconnector;bsupplies to any premises gas which has been conveyed to those premises through pipes; ...carranges with a gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that transporter ; ordprovides a smart meter communication service ; oreperforms the function of code manager in relation to a designated gas licence document (see further subsections (11A) and (11B)),shall be guilty of an offence unless he is authorised to do so by a licence.2The exceptions to subsection (1) above which are contained in Schedule 2A to this Act shall have effect.3A person guilty of an offence under this section shall be liable—aon summary conviction to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.4No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or on behalf of the Secretary of State or the Director.5Any reference in this Part to the conveyance by any person of gas through pipes to any premises is a reference to the conveyance by him of gas through pipes to those premises with a view to the gas being supplied to those premises by any person, or being used in those premises by the holder of a licence under section 7A(2) below.6A reference in this Part to participating in the operation of a gas interconnector is a reference to—aco-ordinating and directing the conveyance of gas into or through a gas interconnector; orbmaking such an interconnector available for use for the conveyance of gas.7For the purposes of subsection (6)(b) a person shall not be regarded as making something available just because he consents to its being made available by another.8In this Part “gas interconnector” means so much of any pipeline system as—ais situated at a place within the jurisdiction of Great Britain; andbsubsists wholly or primarily for the purposes of the conveyance of gas (whether in both directions or in only one) between Great Britain and another country or territory.9For the purposes of this section a place is within the jurisdiction of Great Britain if it is in Great Britain, in the territorial sea adjacent to Great Britain or in an area designated under section 1(7) of the Continental Shelf Act 1964.10In this section “pipe-line system” includes the pipes and any associated apparatus comprised in that system.11A reference in this Part to providing a smart meter communication service is a reference to making arrangements with each domestic supplier to provide a service, for such suppliers, of communicating relevant information to and from smart meters through which gas is supplied to domestic premises.11AA reference in this Part to a person (“P”) performing the function of code manager in relation to a designated gas licence document is a reference to making arrangements, with the persons to whom subsection (11B) applies, under which P is responsible for the governance of the document.11BThis subsection applies to the holder of a licence for the purposes of section 5 where a condition of the licence—arequires the holder to comply with, or to enter into arrangements that conform with, the designated gas licence document in question, orbimposes obligations on the holder that do not apply to the holder where the holder complies with that document.12In this section— “designated gas licence document” means a document that is—maintained in accordance with the conditions of a licence for the purposes of section 5, anddesignated under section 182 of the Energy Act 2023; “domestic supplier” means a gas supplier—who is authorised, in accordance with the conditions of a licence, to supply gas to domestic premises; andwho supplies gas to domestic premises in accordance with that licence;“external electronic communications network” means a network which—is an electronic communications network, within the meaning of section 32 of the Communications Act 2003; anddoes not form part of a smart meter;“relevant information” means information relating to the supply of gas; ...“smart meter” means—a gas meter which can send and receive information using an external electronic communications network; ora gas meter and a device which is associated with or ancillary to that meter and which enables information to be sent to and received by the meter using an external electronic communications network.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6<Addition ChangeId="d29p565" CommentaryRef="c14412211"> Exemptions from prohibition.</Addition>6A1The Secretary of State may, ... by order grant exemption from paragraph (a), (aa), (b) , (c) , (d) or (e) of section 5(1) above—aeither to a person or to persons of a class;beither generally or to such extent as may be specified in the order; andceither unconditionally or subject to such conditions as may be so specified.1ABefore making an order under subsection (1) the Secretary of State shall give notice—astating that he proposes to make such an order and setting out the terms of the proposed order;bstating the reasons why he proposes to make the order in the terms proposed; andcspecifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposals may be made,and shall consider any representations which are duly made in respect of the proposals and not withdrawn.1BThe notice required by subsection (1A) shall be given—aby serving a copy of it on the Authority , Citizens Advice and Consumer Scotland; andbby publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of those likely to be affected by the proposed order.2Notice of an exemption granted to a person shall be given—aby serving a copy of the exemption on him; andbby publishing the exemption in such manner as the Secretary of State considers appropriate for bringing it to the attention of other persons who may be affected by it.2ANotice of an exemption granted to persons of a class shall be given by publishing the exemption in such manner as the Secretary of State considers appropriate for bringing it to the attention of—apersons of that class; andbother persons who may be affected by it.3An exemption may be granted—aindefinitely; orbfor a period specified in, or determined by or under, the exemption.4Without prejudice to the generality of paragraph (c) of subsection (1) above, conditions included by virtue of that paragraph in an exemption may require any person carrying on any activity in pursuance of the exemption—ato comply with any direction given by the Secretary of State or the Director as to such matters as are specified in the exemption or are of a description so specified;bexcept in so far as the Secretary of State or the Director consents to his doing or not doing them, not to do or to do such things as are specified in the exemption or are of a description so specified; andcto refer for determination by the Secretary of State or the Director such questions arising under the exemption as are specified in the exemption or are of a description so specified.5The Secretary of State may by order revoke an order by which an exemption was granted to a person or vary an order by which more than one exemption was so granted so as to terminate any of the exemptions—aat the person’s request;bin accordance with any provision of the order by which the exemption was granted; orcif it appears to the Secretary of State inappropriate that the exemption should continue to have effect.6The Secretary of State may by order revoke an order by which an exemption was granted to persons of a class or vary an order by which more than one exemption was so granted so as to terminate any of the exemptions—ain accordance with any provision of the order by which the exemption was granted; orbif it appears to the Secretary of State inappropriate that the exemption should continue to have effect.7The Secretary of State may by direction withdraw an exemption granted to persons of a class from any person of that class—aat the person’s request;bin accordance with any provision of the order by which the exemption was granted; orcif it appears to the Secretary of State inappropriate that the exemption should continue to have effect in the case of the person.8Before—amaking an order under subsection (5)(b) or (c) or (6); orbgiving a direction under subsection (7)(b) or (c),the Secretary of State shall consult the Authority and give notice of his proposal to do so (with reasons) and of a period within which representations may be made to him.9The notice under subsection (8) shall be given—awhere the Secretary of State is proposing to make an order under subsection (5)(b) or (c), by serving a copy of it on the person to whom the exemption was granted;bwhere he is proposing to make an order under subsection (6), by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons of the class of persons to whom the exemption was granted; andcwhere he is proposing to give a direction under subsection (7)(b) or (c), by serving a copy of it on the person from whom he proposes to withdraw the exemption.<Addition ChangeId="key-f6534c11e5849729f8334f1ec8d5622c-1508341643522" CommentaryRef="key-f6534c11e5849729f8334f1ec8d5622c">Duties of distribution exemption holders</Addition>6BSchedule 2AA (which relates to the duties of distribution exemption holders) has effect.<Addition ChangeId="key-f6534c11e5849729f8334f1ec8d5622c-1508341643522" CommentaryRef="key-f6534c11e5849729f8334f1ec8d5622c">Duties of supply exemption holders</Addition>6CSchedule 2AB (which relates to the duties of supply exemption holders) has effect.<Addition ChangeId="d29p841" CommentaryRef="c14412341"> Licensing of public gas transporters.</Addition>71In this Part “gas transporter” means the holder of a licence under this section except where the holder is acting otherwise than for purposes connected with—athe carrying on of activities authorised by the licence;bthe conveyance of gas through pipes which—iare situated in an authorised area of his; oriiare situated in an area which was an authorised area of his, or an authorised area of a previous holder of the licence, and were so situated at a time when it was such an area; orcthe conveyance through pipes of gas which is in the course of being conveyed to or from a country or territory outside Great Britain.2Subject to subsections (3) and (3A) below, the Director may grant a licence authorising any person to do either or both of the following, namely—ato convey gas through pipes to any premises in an authorised area of his, that is to say, any area specified in the licence as it has effect for the time being;bto convey gas through pipes either to any pipe-line system operated by another gas transporter, or to any pipe-line system so operated which is specified in the licence or an extension of the licence.3A licence shall not be granted under this section to a person who is the holder of a licence under section 7ZA or 7A below.3AA licence authorising the conveyance of gas through pipes to any premises must not be granted under this section to a person who is a gas producer unless it is a condition of the licence that the person must not convey gas through pipes to 100,000 or more sets of premises.4 Subject to subsection (3A), the Director may, with the consent of the licence holder, direct that any licence under this section shall have effect—aas if any area or pipe-line system specified in the direction were specified in the licence;bin the case of a licence under subsection (2)(a) above, as if it were also a licence under subsection (2)(b) above and any pipe-line system specified in the direction were specified in the licence; orcin the case of a licence under subsection (2)(b) above, as if it were also a licence under subsection (2)(a) above and any area specified in the direction were specified in the licence;and references in this Part to, or to the grant of, an extension under this section, or an extension of such a licence, shall be construed as references to, or to the giving of, such a direction.4AThe Authority may, with the consent of the licence holder, direct that any licence under this section shall have effect as if any area or pipe-line system specified in the direction were not specified in the licence; and references in this Part to, or to the grant of, a restriction under this section, or a restriction of such a licence, shall be construed as references to, or to the giving of, such a direction.5Before granting a licence . . . under this section, the Director shall give notice—astating that he proposes to grant the licence . . .;bstating the reasons why he proposes to grant the licence . . .; andcspecifying the time from the date of publication of the notice (not being less than two months . . .) within which represent- ations or objections with respect to the proposed licence . . . may be made,and shall consider any representations or objections which are duly made and not withdrawn.6A notice under subsection (5) above shall be given—aby publishing the notice in such manner as the Director considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the licence . . .; andbby sending a copy of the notice to the Secretary of State, to the Health and Safety Executive and to any gas transporter whose area includes the whole or any part of the area proposed to be specified in the licence . . ..7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9As soon as practicable after the granting of a licence under this section, the gas transporter shall publish, in such manner as the Director considers appropriate for bringing it to the attention of persons who are likely to do business with the transporter, a notice—astating that the licence has been granted; andbexplaining that, as a result, it might be necessary for those persons to be licensed under section 7A below.10In this section—za“gas producer” means a person who—igets natural gas from its natural condition in strata otherwise than as an unintended consequence of the storage of gas, and requires a licence under section 3 of the Petroleum Act 1998 (licences to search and bore for and get petroleum) to do so or would require such a licence if getting the gas in Great Britain; oriiproduces any other gas, including in particular biomethane, which is suitable for conveyance through pipes to premises in accordance with a licence under section 7;a“relevant main” has the same meaning as in section 10 below;breferences to an area specified in a licence or direction include references to an area included in an area so specified; andcreferences to a pipe-line system specified in a licence or direction include references to a pipe-line system of a description, or situated in an area, so specified.11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<CommentaryRef Ref="key-7bcb872891e92a66cd5045e649fc1383"/><Addition ChangeId="key-9a2e2f557dc7281ba31658bac2b47d1f-1500453214491" CommentaryRef="key-9a2e2f557dc7281ba31658bac2b47d1f">Licences for operation of gas interconnectors</Addition>7ZA1Subject to subsection (2), the Authority may grant a licence authorising any person to participate in the operation of a gas interconnector.2A licence shall not be granted under this section to a person who is the holder of a licence under section 7 or 7A.3A licence under this section—amust specify the interconnector or interconnectors in relation to which participation is authorised; andbmay limit the forms of participation in the operation of an interconnector which are authorised by the licence.<CommentaryRef Ref="c14412591"/><Addition ChangeId="d29p1094" CommentaryRef="c14412581"> Licensing of gas suppliers and gas shippers.</Addition>7A1Subject to subsection (3) below, the Director may grant a licence authorising any person to do either or both of the following, namely—ato supply, to any premises specified in the licence, gas which has been conveyed through pipes to those premises; andbto supply, to any premises at a rate which, at the time when he undertakes to give the supply, he reasonably expects to exceed 2,500 therms a year, gas which has been conveyed through pipes to those premises.2Subject to subsection (3) below, the Director may grant a licence authorising any person to arrange with any gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that transporter, either generally or for purposes connected with the supply of gas to any premises specified in the licence.3A licence shall not be granted under this section to a person who is the holder of a licence under section 7 or 7ZA above.4The Director may, with the consent of the licence holder, direct that any licence under this section shall have effect—aas if any premises specified in the direction were specified in the licence; orbin the case of a licence under subsection (1)(b) above, as if it were also a licence under subsection (1)(a) above and any premises specified in the direction were specified in the licence,and references in this Part to, or to the grant of, an extension under this section, or an extension of such a licence, shall be construed as references to, or to the giving of, such a direction.5Subsection (4) above shall not apply in relation to a licence under subsection (1) above which authorises only the supply to premises of gas which has been conveyed to the premises otherwise than by a gas transporter.6The Director may, with the consent of the licence holder, direct that any licence under this section shall have effect as if any premises specified in the direction were not specified in the licence; and references in this Part to, or to the grant of, a restriction under this section, or a restriction of such a licence, shall be construed as references to, or to the giving of, such a direction.7In this section references to premises specified in a licence or direction include references to premises of a description, or situated in an area, so specified.8The Director shall not, in any licence under subsection (1) above, or in any extension or restriction of such a licence, specify any premises by description or area if he is of the opinion that the description or area has been so framed as—ain the case of a licence or extension, artificially to exclude from the licence or extension; orbin the case of a restriction, artificially to include in the restriction,premises likely to be owned or occupied by persons who are chronically sick, disabled or of pensionable age, or who are likely to default in the payment of charges.9If the holder of a licence under subsection (1) above applies to the Director for a restriction of the licence, or for the revocation of the licence in accordance with any term contained in it, the Director shall, subject to subsection (8) above, accede to the application if he is satisfied that such arrangements have been made as—awill secure continuity of supply for all relevant consumers; andbin the case of each such consumer who is supplied with gas in pursuance of a contract, will secure such continuity on the same terms as nearly as may be as the terms of the contract.10A person is a relevant consumer for the purposes of subsection (9) above if—aimmediately before the restriction or revocation takes effect, he is being supplied with gas by the holder of the licence; andbin the case of a restriction, his premises are excluded from the licence by the restriction;and in that subsection “contract” does not include any contract which, by virtue of paragraph 8 of Schedule 2B to this Act, is deemed to have been made.11In this Part “gas supplier” and “gas shipper” mean respectively the holder of a licence under subsection (1) above, and the holder of a licence under subsection (2) above, except (in either case) where the holder is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence.12Any reference in this Part (however expressed) to activities authorised by a licence under subsection (1) above shall be construed without regard to any exception contained in Schedule 2A to this Act.<Addition ChangeId="key-bbbd068744cc5f89023dff6af9d555fb-1707151270228" CommentaryRef="key-bbbd068744cc5f89023dff6af9d555fb">Licensing of a person carrying out gas system planner functions</Addition>7AA1Subject to subsections (3) and (4), the Authority may grant a licence authorising a person to carry out planning and forecasting functions of the Independent System Operator and Planner (“a gas system planner licence”).2Subject to subsection (4), the Secretary of State may grant a gas system planner licence.3The first gas system planner licence may only be granted by the Secretary of State.4A person may not be granted a gas system planner licence unless either of the following paragraphs applies to the person—athe person—ialready holds an electricity system operator licence, oriiis treated as holding such a licence by virtue of a direction under section 167 of the Energy Act 2023;bthe person is granted an electricity system operator licence, or is treated by virtue of a direction under section 167 of the Energy Act 2023 as having been granted such a licence, at the same time as the person is granted a gas system planner licence.5In this section—“electricity system operator licence” means a licence under section 6(1)(da) of the Electricity Act 1989;“planning and forecasting functions of the Independent System Operator and Planner” has the meaning given by section 5(10A).<Addition ChangeId="key-568fc711be68620f1fe9a92f212ba009-1508496934702" CommentaryRef="key-568fc711be68620f1fe9a92f212ba009">Licensing of a person providing a smart meter communication service</Addition>7AB1Subject to subsections (4) and (5), the Authority may grant a licence authorising a person to provide a smart meter communication service (“a smart meter communication licence”).2Subject to subsections (3) and (5), the Secretary of State may grant a smart meter communication licence.3The Secretary of State may not grant a smart meter communication licence after 1 November 2018.4The first smart meter communication licence may only be granted by the Secretary of State.5A person may not be granted a smart meter communication licence unless the same person is at the same time granted a licence under section 6(1)(f) of the Electricity Act 1989.<Addition ChangeId="key-4fe685151c37f3cddd05e63ea2993c73-1727089651673" CommentaryRef="key-4fe685151c37f3cddd05e63ea2993c73">Licensing of a person performing code manager function</Addition>7AC1The Authority may grant a licence (“a code manager licence”) authorising a person to perform the function of code manager in respect of a designated gas licence document.2Where a designated gas licence document is also a designated electricity licence document, a person may not be granted a code manager licence in respect of the document unless the same person is at the same time granted a licence under section 6(1)(g) of the Electricity Act 1989.3In this section—“designated electricity licence document” has the same meaning as in section 4 of the Electricity Act 1989;“designated gas licence document” has the same meaning as in section 5.<CommentaryRef Ref="c14413051"/><CommentaryRef Ref="c14413061"/><Addition ChangeId="d29p1264" CommentaryRef="c14413041"> Licences: general.</Addition>7B1An application for a licence or an extension or restriction of a licence shall be made in such form and manner, and shall contain, or be accompanied by, such information and documents and such fee (if any), as may be prescribed.2Within the prescribed period after the making of an application for a licence or an extension or restriction of a licence, the applicant shall—apublish a notice of the application in the prescribed manner; andbin the case of an application for a licence or extension under section 7 above, give notice of the application to any gas transporters whose authorised area includes the whole or any part of the area to which the application relates.2AWhere the Authority proposes to refuse the application, it shall give to the applicant a notice—astating that it proposes to refuse the application;bstating the reasons why it proposes to refuse the application; andcspecifying the time within which representations with respect to the proposed refusal may be made,and shall consider any representations which are duly made and not withdrawn.2BAt any time when regulations made under section 41HC are in force, subsections (1) to (2A) do not apply to an application for a smart meter communication licence.2CSubsections (1) to (2A) do not apply to an application for a code manager licence.3A licence or an extension or restriction of a licence shall be in writing and, unless revoked or suspended in accordance with any term contained in it and subject to subsection (3A), a licence shall continue in force for such period as may be specified in or determined by or under the licence.3AIf a person who holds a gas system planner licence ceases at any time to hold a licence under section 6(1)(da) of the Electricity Act 1989, the person is to be treated as ceasing to hold the gas system planner licence at the same time.4A licence may include—asuch conditions (whether or not relating to the activities authorised by the licence) as appear to the grantor to be requisite or expedient having regard to the duties imposed by sections 4AA, 4AB and 4A;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cconditions requiring the rendering to the Director of a payment on the grant of the licence or payments during the currency of the licence or both of such amount or amounts as may be determined by or under the licence; . . .d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4AWithout prejudice to the generality of paragraph (a) of subsection (4), conditions included in a licence under section 7 by virtue of that paragraph—amay require the licence holder to enter into agreements with other persons for the use of any pipe-line system of his (wherever situated and whether or not used for the purpose of carrying on the activities authorised by the licence) for such purposes as may be specified in the conditions;bmay include provision for determining the terms on which such agreements are to be entered into.5Without prejudice to the generality of paragraph (a) of subsection (4) above—aconditions included by virtue of that paragraph in a licence may—irequire the holder to comply with any direction given by the Director or the Secretary of State as to such matters as are specified in the licence or are of a description so specified;iirequire the holder, except in so far as the Director or the Secretary of State consents to his doing or not doing them, not to do or to do such things as are specified in the licence or are of a description so specified; andiiiprovide for the determination by the Director, the Secretary of State or the Health and Safety Executive of such questions arising under the licence, or under any document referred to in the licence, as are specified in the licence or are of a description so specified; andbconditions included by virtue of that paragraph in a licence under section 7 or 7AA above may require the holder, in such circumstances as are specified in the licence—iso to increase the charges payable to the holder in connection with the conveyance of gas, or in connection with the exercise of any other functions under or by virtue of the licence, as to raise such amounts as may be determined by or under the conditions; andiito pay the amounts so raised to such holders of licences under this Part or under section 6 of the Electricity Act 1989 as may be so determined.5ZAWithout prejudice to the generality of paragraph (a) of subsection (4), conditions for or in connection with the purpose set out in subsection (5ZB) may be included in a licence under section 7AA by virtue of that paragraph.5ZBThe purpose is to facilitate or ensure the effective performance (whether in relation to Northern Ireland or any other part of the United Kingdom), at relevant times, of functions of a hydrogen production allocation body under Chapter 1 of Part 2 of the Energy Act 2023.5ZCIn subsection (5ZB) “relevant times” means times when the hydrogen production allocation body holds a licence under section 7AA.5AWithout prejudice to the generality of paragraph (a) of subsection (4), conditions which are described in subsection (5B) may be included in a smart meter communication licence or in a code manager licence by virtue of that paragraph, in respect of circumstances where a person holds such a licence (the “licence holder”), and another person has applied or is considering whether to apply for a a licence of the same type (“the applicant”).5BThe conditions in this subsection are conditions which require the licence holder to comply with a direction given by the relevant authority requiring the licence holder to provide to the applicant—ainformation in relation to the activities authorised by the licence; orbsuch other assistance as may be reasonably required by the applicant, including access to any facilities or equipment being used in connection with the activities authorised by the licence, in order that the applicant can—idetermine whether to apply for a licence; oriitake part in a competition for a licence or (in the case of an application for a code manager licence) apply for a licence otherwise than as part of a competition.5CSubject to subsection (5E) and without prejudice to the generality of paragraph (a) of subsection (4), conditions which are described in subsection (5D) may be included in a smart meter communication licence or in a code manager licence by virtue of that paragraph, in respect of circumstances where such a licence held by a person (the “first licensee”) will cease to have effect, and another such licence is to be granted or has been granted to a different person (the “second licensee”).5DThe conditions in this subsection are conditions which require compliance with a direction given by the relevant authority requiring—athe transfer of property, rights or liabilities from the first licensee to the second licensee;bthe creation of rights in relation to property, rights or liabilities in favour of the second licensee;cthe creation of other rights and liabilities as between the first and second licensee;dthe first or second licensee to enter into a written agreement with each other, or the first licensee to execute an instrument of another kind in favour of the second licensee;ethe first or second licensee to pay compensation to the other, or to any third party who is affected by any of the matters referred to in paragraphs (a) to (d).5EConditions included in a licence by virtue of subsection (5C) must provide that the licensee does not have a duty to comply with a direction of the kind referred to in subsection (5D) unless, in relation to that direction, the following conditions have been satisfied prior to it being given—athe relevant authority has given written notice to the first licensee, the second licensee and any other person who would potentially be affected by the direction, including a copy of the proposed direction and inviting them to submit written representations, giving a minimum period of 21 days in which those representations can be made; andbafter the end of the period set out in the notice under paragraph (a), the relevant authority has considered those representations and determined that—iit is appropriate in all the circumstances that the proposed direction is given; andiithe arrangements of a type referred to in paragraphs (a) to (d) of subsection (5D) in the direction are necessary or expedient for the operational purposes of the second licensee, or are agreed by the first licensee and the second licensee to be necessary or expedient for those purposes.5FFor the purposes of subsection (5E), the operational purposes of the second licensee are the purposes of performing any functions which the second licensee has, or will have—aunder or by virtue of the smart meter communication licence which has been, or is to be, granted; orbunder or by virtue of any enactment, in the second licensee’s capacity as holder of that licence.5FAIn subsections (5B) to (5E), “the relevant authority” means—ain relation to a smart meter communication licence, the Secretary of State or the Authority;bin relation to a code manager licence, the Authority.6Conditions included in a licence may—aimpose requirements by reference to designation, acceptance or approval by the Director, the Secretary of State or the Health and Safety Executive; andbprovide for references in the conditions to any document . . . to operate as references to that document as revised or re-issued from time to time.7Conditions included in a licence may contain provision for the conditions to—ahave effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions; orbbe modified in such manner as may be specified in the conditions at such times and in such circumstances as may be so determined.8Any provision included in a licence by virtue of subsection (7) above shall have effect in addition to the provision made by this Part with respect to the modification of the conditions of a licence.9As soon as practicable after granting a licence or an extension or restriction of a licence, the Director shall send a copy of the licence or extension or restriction—ato the Health and Safety Executive; . . .bin the case of a licence , extension or restriction under section 7 above, to any public gas transporter whose authorised area includes the whole or any part of the area specified in the licence , extension or restriction ; andcto any other person who holds a licence and whose interests may, in the opinion of the Authority, be affected by the grant.10Any sums received by the Director under or by virtue of this section shall be paid into the Consolidated Fund.11In this section “prescribed” means prescribed in regulations made by the Authority.<Addition ChangeId="d29p1550" CommentaryRef="c14413261"> Standard conditions of licences.</Addition>81Subject to subsections (2) and (3) ... , each condition which by virtue of section 81(2) of the Utilities Act 2000 or section 150 of the Energy Act 2004 is a standard condition for the purposes of—alicences under section 7 above;aalicences under section 7ZA above;blicences under subsection (1) of section 7A above; ...clicences under subsection (2) of that section, ordlicences under section 7AC,shall be incorporated (that is to say, incorporated by reference) in each licence under that section or, as the case may be, that subsection.2Subsection (1) above shall not apply in relation to a licence under section 7A(1) above which authorises only the supply to premises of gas which has been conveyed to the premises otherwise than by a gas transporter.3Subject to the following provisions of this section, the Director may, in granting a licence, modify any of the standard conditions to such extent as he considers requisite to meet the circumstances of the particular case.4Before making any modifications under subsection (3) above, the Director shall give notice—astating that he proposes to make the modifications and setting out their effect;bstating the reasons why he proposes to make the modifications; andcspecifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,and shall consider any representations or objections which are duly made and not withdrawn.5A notice under subsection (4) above shall be given—aby publishing the notice in such manner as the Director considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; andbby sending a copy of the notice to the Secretary of State, to the Health and Safety Executive , to Citizens Advice and to Consumer Scotland.6If, within the time specified in the notice under subsection (4) above, the Secretary of State directs the Director not to make any modification, the Director shall comply with the direction.6AThe Authority shall not make any modifications under subsection (3) above of a condition of a licence under section 7ZA unless it is of the opinion that the modifications are such that—athe licence holder would not be unduly disadvantaged in competing with one or more other holders of licences under that section; andbno other holder of a licence under that section would be unduly disadvantaged in competing with the holder of the licence to be modified or with any one or more other holders of licences under that section.7The Director shall not make any modifications under subsection (3) above of a condition of a licence under subsection (1) or (2) of section 7A above unless he is of the opinion that the modifications are such that.athe licence holder would not be unduly disadvantaged in competing with other holders of a licence under that subsection; andbno other holder of such a licence would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence being modified)8The modification under subsection (3) above of a condition of a licence shall not prevent so much of the condition as is not so modified being regarded as a standard condition for the purposes of this Part.9In this section “modify” includes fail to incorporate and “modification” shall be construed accordingly.<Addition ChangeId="d29p1700" CommentaryRef="c14413331"> Transfer of licences.</Addition>8AA1A licence—ashall be capable of being transferred by the licence holder, with the consent of the Authority, in accordance with this section and subject to any term of the licence relating to its transfer;bmay include conditions which must be complied with before the licence can be transferred.2A transfer may relate to the whole or any part of the licence.3The reference in subsection (2) to part of a licence is a reference to a part of the activities authorised by the licence (whether described by reference to activities being carried on by the licence holder or to activities which he is authorised to carry on).4Such consent may be given subject to compliance with such modification or other conditions as the Authority considers necessary or expedient.5In the case of a partial transfer, conditions imposed under subsection (4) may make as respects so much of the licence as is proposed to be retained by the transferor provision different from that made as respects so much of the licence as is proposed to be transferred.6In deciding whether to give its consent to a proposed transfer, the Authority shall apply the same criteria as it would apply if the Authority were deciding whether—ain the case of a general transfer, to grant a corresponding licence to the transferee; orbin the case of a partial transfer—ito grant to the transferee a licence corresponding to so much of the licence as is proposed to be transferred; andiito grant to the transferor a licence corresponding to so much of the licence as is proposed to be retained.7The Authority shall—agive the Health and Safety Executive not less than 28 days’ notice of any proposal to consent to any proposed transfer; andbgive that Executive and the Secretary of State not less than 28 days’ notice of any proposal to impose a modification condition.8If, before the expiry of the time specified in a notice given to the Secretary of State under subsection (7)(b), the Secretary of State directs the Authority not to impose the condition, the Authority shall comply with the direction.9Before giving consent to the transfer of a licence, the Authority shall give notice—astating that it proposes to grant consent to the transfer;bstating the reasons why it proposes to give consent; andcspecifying the time from the date of publication of the notice (not being less than two months) within which representations or objections with respect to the transfer may be made,and shall consider any representations or objections that are duly made and not withdrawn.10A notice under subsection (9) shall be given by publishing the notice in such manner as the Authority considers appropriate for bringing it to the attention of persons likely to be affected by the transfer.10ASubject to subsection (10C), the Authority shall, following consideration of any representations or objections under subsection (9), give the Secretary of State not less than 28 days’ notice of any proposal to give consent to the transfer of the whole or any part of a smart meter communication licence.10BIf, before the expiry of the time specified in a notice under subsection (10A), the Secretary of State directs the Authority not to give consent, the Authority shall comply with that direction.10CWhere the Secretary of State does not give a direction under subsection (10B), the Authority may give consent to the transfer of the licence after—athe expiry of the time specified in the notice under subsection (10A); orbif earlier than the time in paragraph (a), the time at which the Secretary of State informs the Authority that no direction will be given under subsection (10B) in relation to the notice.10DSubsections (10A) to (10C) do not apply after 1 November 2028.11A purported transfer of a licence shall be void—aif the licence is not capable of transfer or the Authority has not given its consent;bif the purported transfer is in breach of a condition of the licence; orcif there has, before the purported transfer, been a contravention of a condition subject to compliance with which the Authority’s consent is given.11ZAA gas system planner licence may not be transferred to a person unless a licence granted under section 6(1)(da) of the Electricity Act 1989 is also transferred to the same person at the same time.11AA smart meter communication licence may not be transferred to a person unless a licence granted under section 6(1)(f) of the Electricity Act 1989 is also transferred to the same person at the same time.11BWhere the holder of a code manager licence is also the holder of a licence under section 6(1)(g) of the Electricity Act 1989, the code manager licence may not be transferred to a person unless the licence under section 6(1)(g) of that Act is transferred to the same person at the same time.12In this section—“transfer” includes any form of transfer or assignment or, in Scotland, assignation;“modification condition” means a condition requiring or otherwise providing for the making of modifications to the conditions of a licence.<CommentaryRef Ref="c14413351"/><Addition ChangeId="d29p1885">Modification or removal of the 25,000 therm limits.</Addition>8A1The Secretary of State may by order amend section 10(8) or (12) below, paragraph 4 of Schedule 2A to this Act or paragraph 4, 8 or 16 of Schedule 2B to this Act by substituting—awhere the limit is for the time being expressed by reference to a number of therms—isuch lower number of therms as he considers appropriate; oriisuch lower limit, expressed by reference to a number of kilowatt hours, as he considers appropriate; orbwhere the limit is for the time being expressed by reference to a number of kilowatt hours, such lower number of kilowatt hours as he considers appropriate.2An order under subsection (1) above may be made so as to provide for the number specified in one provision to differ from that for the time being specified in any of the other provisions.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <Addition ChangeId="d29p1951" CommentaryRef="c14413441"> The gas code</Addition><Addition ChangeId="d29p1956" CommentaryRef="c14413451"> The gas code.</Addition>8BThe provisions of Schedule 2B to this Act (which relate to rights and obligations of licence holders and consumers and related matters) shall have effect.<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Gas transmission and the operation of gas interconnectors: independence</Addition><Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Requirement for certain gas transporters and operators of gas interconnectors to be certified as independent</Addition>8C1A person who, for any period on or after the relevant date, holds a licence under section 7 and carries out transmission of gas must ensure that the person is certified by the Authority under section 8F throughout that period.2A person who, for any period on or after the relevant date, holds a licence under section 7ZA and participates in the operation of a gas interconnector must ensure that the person is certified by the Authority under section 8F throughout that period.3In subsections (1) and (2) the “relevant date” in respect of a person is 3 March 2012 or any later date before 4 March 2013 which the Authority specifies under subsection (4) or (5) in respect of the person.4The Authority may specify a later date in respect of a person if—athe person has asked the Authority to specify a later date;bthe person is not, and is not part of, a vertically integrated undertaking; andcno senior officer of the person is also a senior officer of a relevant producer or supplier.5The Authority may also specify a later date in respect of a person if the Authority thinks that, for reasons beyond its and the person’s control, the Authority will not reasonably be able to make a final decision before 3 March 2012 as to whether to certify the person.6In this section—a“transmission” has the meaning given by Article 2(3) of the Gas Directive; andb“vertically integrated undertaking” has the meaning given by Article 2(20) of that Directive.<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Application for certification</Addition>8D1Any person may apply for certification.2An application for certification—amust be made in writing to the Authority; andbmust be made in such form and contain such information as the Authority may specify.3If the application is made ... and the applicant is a person from a country outside the United Kingdom or a person controlled by a person from a country outside the United Kingdom, the Authority must, as soon as is reasonably practicable after receiving the application—anotify the Secretary of State ... that an application has been made by such a person; andbenclose with the notification ... any information which, at the time of the notification, the Authority has in its possession and thinks is relevant to the question of whether the security of gas supplies in the United Kingdom ... would be put at risk by the certification of the applicant.4The Authority may ask an applicant for certification for any further information the Authority thinks is relevant to the application, and the applicant must supply that information if—ait is in the applicant’s possession; orbit is information which the applicant could reasonably be expected to obtain.5The Authority may ask a relevant producer or supplier for any information the Authority thinks is relevant to an application for certification, and the relevant producer or supplier must supply that information if—ait is in the relevant producer or supplier’s possession; orbit is information which the relevant producer or supplier could reasonably be expected to obtain.6A person required to supply information under subsection (4) or (5) must do so by any deadline specified by the Authority.<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Report where applicant connected with a country outside the </Addition><Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8"><Substitution ChangeId="key-30c2b9c61ca946f0757a2d0c252cf2ee-1634303729714" CommentaryRef="key-30c2b9c61ca946f0757a2d0c252cf2ee">United Kingdom</Substitution></Addition> 8E1This section applies if the Secretary of State is notified by the Authority under section 8D(3) that an application has been made by a person from a country outside the United Kingdom or a person controlled by a person from a country outside the United Kingdom.2The Secretary of State must prepare a report on whether the security of gas supplies in the United Kingdom ... would be put at risk by the certification of the applicant.3The Secretary of State must prepare the report and send it to the Authority within the 6 weeks beginning with the day on which the notification under section 8D(3) is received.4If, before the Secretary of State sends the report to the Authority, the Authority receives information under section 8D(4) or (5) and thinks that the information is relevant to the preparation of the report, the Authority must supply that information to the Secretary of State as soon as is reasonably practicable.5In preparing the report, the Secretary of State must take into account—aany relevant international law; andbany relevant agreement between the government of the United Kingdom and the government of the ... country in question.<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Certification</Addition>8F1Where the Authority receives an application for certification, it must make a ... decision by the relevant deadline as to whether to certify the applicant.2The relevant deadline is the end of the 4 months beginning with the day on which the Authority receives the application; but this is subject to any extension under subsection (3).3If, before the deadline mentioned in subsection (2) (or before that deadline as previously extended under this subsection), the Authority asks the applicant or a relevant producer or supplier for information under section 8D(4) or (5), the relevant deadline is the end of the 4 months beginning with the day on which the last of that information is received.4As soon as is reasonably practicable after making the ... decision the Authority must notify the decision and the reasons for it to—athe applicant; and bthe Secretary of State; ...c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9The Authority must publish its decision to certify or to refuse to certify the applicant, together with the reasons for it, in such manner as it considers appropriate.<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Grounds for certification</Addition>8G1This section applies to—aa ... decision under section 8F as to whether to certify an applicant;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2The Authority may only ... decide to certify the applicant, if one of the following ... grounds (“the certification grounds”) applies.3The first certification ground is that the applicant meets the ownership unbundling requirement in section 8H.4The second certification ground is that the applicant has asked the Authority to exempt it from the ownership unbundling requirement on the grounds in paragraph (9) of Article 9 of the Gas Directive (alternative arrangements for independence), and the Authority thinks the requirements of that paragraph are met.5The third certification ground is that—athe applicant has asked the Authority to exempt it from the ownership unbundling requirement on the grounds in paragraphs (1) and (2) of Article 14 of the Gas Directive (independent system operator);bthe applicant has nominated an independent system operator for designation in accordance with those paragraphs; andc the Authority—ithinks that the requirements of those paragraphs are met, andiiis minded to designate the nominated independent system operator.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7The fifth certification ground is that—athe applicant holds a licence under section 7ZA; andbin accordance with the conditions of that licence, the applicant has been granted an exemption from the ownership unbundling requirement— iin accordance with Article 36 of the Gas Directive (new infrastructure) before IP completion day and remains entitled to the benefit of it, oriion the basis set out in Article 36(1) to (3) and (6) of the Gas Directive and remains entitled to the benefit of it.8The sixth certification ground is that—athe applicant holds a licence under section 7ZA; andbeither—ithe applicant has, in accordance with the conditions of that licence, been granted an exemption in accordance with Article 22 of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 on common rules for the internal market in natural gas (new infrastructure) and remains entitled to the benefit of it; oriianother person benefits from such an exemption, and the applicant is in a position which is substantially similar to the position of that person.9But, regardless of whether a certification ground applies, the Authority—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b... must not decide to certify the applicant, if a report prepared by the Secretary of State under section 8E states that the certification of the applicant would put at risk the security of gas supplies in the United Kingdom ...;c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10For the purposes of subsection (4), Article 9(9) of the Gas Directive is to be treated as if the comparison with the provisions of Chapter 4 of the Gas Directive were a comparison with the provisions of Chapter 4 as they applied in relation to a member State immediately before IP completion day.11The references in subsection (5) to Article 14(1) and (2) of the Gas Directive are to be treated as references to those provisions with the following modifications—aArticle 14(1) is to be read as if the second and third sentences were omitted;bArticle 14(2)(b) is to be read as if after “Article 13” there were inserted—as implemented in relation to Great Britain immediately before IP completion day, disregarding for this purpose—iparagraph 2,iiparagraph 3 so far as relating to Article 41(6)(c), andiiiparagraph 4 except as it relates to such minimum standards, if any, as apply in Great Britain;cArticle 14(2)(e) is to be read as if—ifor “Regulation (EC) No 715/2009” there were substituted “ the Gas Regulation ”, andiithe words from “including” to the end were omitted.<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">The ownership unbundling requirement</Addition>8H1In section 8G(3) the ownership unbundling requirement is met by an applicant for certification if in relation to each of the five tests below— a the Authority thinks that it is passed, orbit is treated as passed by virtue of subsection (7), (9) or (9A).2The first test is that the applicant—adoes not control a relevant producer or supplier;bdoes not have a majority shareholding in a relevant producer or supplier; andcwill not, on or after the relevant date, exercise shareholder rights in relation to a relevant producer or supplier.3For the purposes of subsection (2)(c), the Authority is entitled to think that the applicant will not exercise shareholder rights if the applicant has given an undertaking not to exercise those shareholder rights.4The second test is that, where the applicant is a company, partnership or other business, none of its senior officers has been, or may be, appointed by a person who—acontrols a gas undertaking which is a relevant producer or supplier; orbhas a majority shareholding in a gas undertaking which is a relevant producer or supplier.5The third test is that, where the applicant is a company, partnership or other business, none of its senior officers is also a senior officer of a gas undertaking which is a relevant producer or supplier.6The fourth test is that the applicant is not controlled by a person who controls a relevant producer or supplier.7But even where the fourth test is not passed, the Authority may treat it as passed if—athe control over the applicant was gained through the exercise of a right conferred as a condition of the provision of either financial support or a guarantee (or both), in relation to the applicant’s business; orbthe control over the relevant producer or supplier was gained through the exercise of such a right conferred in relation to the business of the relevant producer or supplier.8The fifth test is that the applicant is not controlled by a person who has a majority shareholding in a relevant producer or supplier.9But even where the fifth test is not passed, the Authority may treat it as passed if—athe control over the applicant was gained through the exercise of a right conferred as a condition of the provision of either financial support or a guarantee (or both), in relation to the applicant’s business; orbthe majority shareholding in the relevant producer or supplier was gained through the exercise of such a right conferred in relation to the business of the relevant producer or supplier.9AThe Authority may treat one or more of the five tests in this section as passed if—athe test or tests are not passed in relation to a relevant producer or supplier,bthe applicant has demonstrated to the Authority’s satisfaction that the applicant does not have a relationship with the relevant producer or supplier which might lead the applicant to discriminate in favour of the relevant producer or supplier, andc the Authority thinks it appropriate to treat the test or tests as passed.10In subsection (2)(c) “relevant date” means the relevant date for the purposes of section 8C(1) or (2).<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">The ownership unbundling requirement: supplementary</Addition>8I1Subsections (2) and (3) apply where—aby virtue of subsection (7) or (9) of section 8H, the Authority treats the fourth or fifth test under section 8H as passed in relation to a person; andbthe person is certified in reliance on that treatment.2The Authority must by notice to the certified person specify a period of time at the end of which the Authority will cease to treat that test as passed by virtue of that subsection.3The Authority may by notice to the certified person extend that period if the Authority thinks it necessary or expedient to do so.4In deciding whether to treat a test as passed by virtue of section 8H(7) or (9), and in determining any period or extension under subsection (2) or (3), the Authority—amust take into account—ithe period of time for which the test is likely to continue not to be passed, andiiwhether the relationship (direct or indirect) between the applicant and the relevant producer or supplier has led or might lead the applicant to discriminate in favour of the relevant producer or supplier; andbmay, in particular, take into account any information or undertaking given to the Authority by the applicant, the relevant producer or supplier or the person who controls the applicant and controls or has a majority shareholding in the relevant producer or supplier.5The information and undertakings that may be taken into account under subsection (4)(b) include information and undertakings regarding any measures that have been or will be put in place to ensure the effective separation of the business of the applicant and the business of the relevant producer or supplier.<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Designation for the purposes of </Addition><Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8"><Substitution ChangeId="key-f56619c350c0a153bd5ae8e9ad5c4953-1634303954227" CommentaryRef="key-f56619c350c0a153bd5ae8e9ad5c4953">the Gas Regulation</Substitution></Addition> 8J1This section applies in relation to any period for which a person—aholds a licence under section 7 or 7ZA; andbis certified.2If the person is certified on the first, second, ... fifth or sixth certification ground in section 8G, the person is designated as a gas transmission system operator for the purposes of the Gas Regulation.3If the person is certified on the third certification ground in section 8G, the independent system operator nominated in the application for certification is designated as a gas transmission system operator for the purposes of the Gas Regulation.4As soon as is reasonably practicable after a person is designated by virtue of this section, the Authority must notify the designation to—athe person designated; and bthe Secretary of State; ...c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Monitoring and review of certification</Addition>8K1The Authority must monitor, in respect of each certified person, whether the basis on which the Authority decided to certify the person, including the certification ground on which the person was certified, (the “certification basis”) continues to apply.2If, ... as result of information it has received or obtained, the Authority thinks that a person from a country outside the United Kingdom has taken or may take control of a certified person, the Authority must, as soon as is reasonably practicable—anotify the information to the Secretary of State ...; andbenclose with the notification to the Secretary of State any further information which, at the time of the notification, the Authority has in its possession and thinks is relevant to the question of whether the security of gas supplies in the United Kingdom ... would be put at risk by the continued certification of the person.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5The Authority may ... review whether the certification basis in respect of a certified person continues to apply if—athe certified person notifies it of any event or circumstance which may affect that basis; orb the Authority thinks that the basis may no longer apply.6A review under subsection (5) is to be carried out within the 4 months beginning with—aif paragraph (a) of subsection (5) applies, the day on which the Authority receives the notification under that paragraph;botherwise, the first day on which the Authority thinks that the certification basis may no longer apply.7Subsection (8) applies where—aby virtue of section 8H(7) or (9), the Authority has treated the fourth or fifth test under section 8H as passed;ba person is certified in reliance on that treatment; andcthe period specified under section 8I as the period at the end of which that treatment will cease comes to an end.8Where this subsection applies, the Authority must review whether that test is now passed.9A review under subsection (8) is to be carried out within the 4 months beginning with the end of the period mentioned in subsection (7)(c).10If, before any of the deadlines mentioned in subsection ... (6) or (9) (or before such deadline as previously extended under this subsection), the Authority asks the certified person or a relevant producer or supplier for information under section 8L(2) or (3), the relevant deadline is the end of the 4 months beginning with the day on which the last of that information is received.<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Review of certification: requirement to provide information </Addition><Abbreviation Expansion="Et cetera" xml:lang="la"><Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">etc</Addition></Abbreviation>8L1As soon as is reasonably practicable after beginning a review under section 8K, the Authority must notify the certified person that the review is being carried out and of the reasons for it.2The Authority may ask that person for any information the Authority thinks is relevant to the review, and the person must supply the information if—ait is in the person’s possession; orbit is information which the person could reasonably be expected to obtain.3The Authority may ask a relevant producer or supplier for any information the Authority thinks is relevant to a review under section 8K, and the relevant producer or supplier must supply that information if—ait is in the relevant producer or supplier’s possession; orbit is information which the relevant producer or supplier could reasonably be expected to obtain.4A person required to supply information under subsection (2) or (3) must do so by any deadline specified by the Authority.<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Report as to any connection of certified person with a country </Addition><Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8"><Substitution ChangeId="key-1a24ad13ef578de03c706ad62d33d64a-1634304038365" CommentaryRef="key-1a24ad13ef578de03c706ad62d33d64a">outside the United Kingdom</Substitution></Addition> 8M1This section applies if the Authority notifies information to the Secretary of State under section 8K(2) in respect of a certified person.2The Secretary of State must prepare a report on whether the security of gas supplies in the United Kingdom ... would be put at risk by the continued certification of the person.3The Secretary of State must prepare the report and send it to the Authority within the 6 weeks beginning with the day on which the notification is received.4If, before the Secretary of State sends the report to the Authority, the Authority receives information under section 8L(2) or (3) and thinks that the information is relevant to the preparation of the report, the Authority must supply that information to the Secretary of State as soon as is reasonably practicable.5In preparing the report, the Secretary of State must take into account—aany relevant international law; andbany relevant agreement between the government of the United Kingdom and the government of the ... country in question.<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Continuation or withdrawal of certification</Addition>8N1Where the Authority reviews under section 8K(5) whether the certification basis in respect of a certified person continues to apply, it may, within the 4 months mentioned in section 8K(6) or where relevant the 4 months mentioned in section 8K(10), either—amake a ... decision to continue the certification on the certification ground mentioned in section 8K(1); orbmake a ... decision to withdraw the certification.2If the Authority does not make a decision under subsection (1) within those 4 months, it is to be taken as having made a ... decision at the end of the 4 months to continue the certification on the certification ground mentioned in section 8K(1).3Where the Authority reviews under section 8K(8) whether the fourth or fifth test under section 8H is now passed, it may, within the 4 months mentioned in section 8K(9) or where relevant the 4 months mentioned in section 8K(10), either—amake a ... decision to continue the certification on the basis that the test is now passed; orbmake a ... decision to withdraw the certification.4If the Authority does not make a decision under subsection (3) within those 4 months, it is to be taken as having made a ... decision at the end of the 4 months to continue the certification on the basis that the test is now passed.5As soon as is reasonably practicable after a ... decision is made (or taken to be made) under this section, the Authority must—anotify the decision to the certified person and the Secretary of State; ...b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9AThe Authority must publish its decision to continue a certification, or to withdraw a certification, together with the reasons for it, in such manner as it considers appropriate.10Section 8G(9)(b) applies in relation to a decision mentioned in this section as it applies in relation to a decision mentioned in section 8G(1), but as if—athe references in section 8G(9)(b) to the certification of the applicant were references to the continued certification of the person certified; andbthe reference in section 8G(9)(b) to a report prepared under section 8E were a reference to a report prepared under section 8M.<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Prohibition on the exercise of certain shareholder rights and rights of appointment</Addition>8O1A person must not exercise a shareholder right or a right of appointment if—athe right falls within subsection (2), (3), (4) or (5);bthe relevant date in respect of the certified person mentioned in that subsection has been reached;cthe exercise of the right would or might lead the certified person to discriminate in favour of the relevant producer or supplier mentioned in that subsection; anddthe relevant producer or supplier is a person to whom subsection (6) applies.2A right falls within this subsection if—ait is a shareholder right;bit is held by a person who controls a person certified on the certification ground in section 8G(3); andcit is exercisable in relation to a relevant producer or supplier.3A right falls within this subsection if—ait is a shareholder right;bit is exercisable in relation to a person certified on the certification ground in section 8G(3); andcit is held by a person who controls a relevant producer or supplier.4A right falls within this subsection if—ait is a shareholder right;bthe person who holds it appointed a senior officer of a person certified on the certification ground in section 8G(3);cthe person appointed continues to hold that office; anddthe right is exercisable in relation to a gas undertaking which is a relevant producer or supplier.5A right falls within this subsection if—ait is a right to appoint a senior officer of a person certified on the certification ground in section 8G(3); andbthe person who holds it has, within the immediately preceding period of 3 years, exercised a shareholder right in relation to a gas undertaking which is a relevant producer or supplier.6This subsection applies to a person if, in order to carry out some or all of the activity by virtue of which the person is a relevant producer or supplier, the person—arequires a licence under section 7A of this Act, section 6 of the Electricity Act 1989 (licences authorising supply, etc), or section 3 of the Petroleum Act 1998 (licences to search and bore for and get petroleum); orbwould require such a licence if carrying out the activity in Great Britain.7In this section—a“exercise” means exercise directly or indirectly, and “exercisable” is to be interpreted accordingly; andb“relevant date” means the relevant date for the purposes of section 8C(1) or (2).<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Validity of acts infringing section 8O</Addition>8P1The following are voidable on an application to the court—athe exercise of a shareholder right in breach of section 8O;bthe appointment of a senior officer in breach of that section.2Any person may make an application under subsection (1).3Such an application may not be made after the end of the 5 years beginning with the day on which the shareholder right was exercised or the appointment made.4If, by virtue of this section, the court declares the exercise of a shareholder right or an appointment to be void, it may make an order as to the consequences of its declaration.5In this section, “the court” means—ain relation to England and Wales, the High Court, andbin relation to Scotland, the Court of Session.<Addition ChangeId="key-762125c0c176f82ef3ca3b8a42776ac8-1508342069181" CommentaryRef="key-762125c0c176f82ef3ca3b8a42776ac8">Interpretation</Addition>8Q1In sections 8C to 8P and this section—“control”, in relation to one person having control over another, has the meaning given by Article 2(36) of the Gas Directive (but in determining whether one person (“person A”) has control over another (“person B”) no account is to be taken of any unexercised contractual or other right which would, if exercised, give person A control over person B and which was conferred as a condition of the provision of either financial support or a guarantee (or both), by person A in relation to the business of person B); and references to one person controlling another are to be interpreted accordingly;“certified” means certified by the Authority under section 8F; and “certify” and “certification” are to be interpreted accordingly;“certification grounds” has the meaning given by section 8G(2);“person from a country outside the United Kingdom” means a person the Authority thinks is from a country outside the United Kingdom;“shareholder right” means a right, conferred by the holding of a share in the company’s share capital—to vote at general meetings of the company; orto appoint or remove a member of the company’s board of directors;...2In this Part “gas undertaking” means a person who—agets natural gas from its natural condition in strata otherwise than as an unintended consequence of the storage of gas, and requires a licence under section 3 of the Petroleum Act 1998 (licences to search and bore for and get petroleum) to do so or would require such a licence if getting the gas in Great Britain;bproduces any other gas, including in particular biomethane, which is suitable for conveyance through pipes to premises in accordance with a licence under section 7;csupplies to any premises gas which has been conveyed to those premises through pipes;darranges with a gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that transporter; oreotherwise sells gas.3In this Part “relevant producer or supplier”, in relation to an applicant for certification or a certified person, means a person who falls within each of subsections (4) and (5).4A person falls within this subsection if the person—ais a gas undertaking;bgenerates electricity for the purpose of giving a supply to any premises or enabling a supply to be so given;csupplies electricity to any premises; ordotherwise generates or sells electricity,and terms used in paragraphs (b) and (c) of this subsection have the same meanings in those paragraphs as in Part 1 of the Electricity Act 1989.5A person falls within this subsection if—athe person requires a licence under section 7A of this Act or section 6 of the Electricity Act 1989 (licences authorising supply, etc) to carry out the activity by virtue of which the person falls within subsection (4);bwhere the person does not carry out the activity in Great Britain, the person would, in the Authority’s opinion, require such a licence if carrying out the activity in Great Britain; orcthe person has a relationship with the applicant or certified person which the Authority thinks might lead the applicant or certified person to discriminate in favour of the person.<Addition ChangeId="key-e750790928227f2c3eda546028b0bbde-1508342428600" CommentaryRef="key-e750790928227f2c3eda546028b0bbde">Storage facilities: independence</Addition><Addition ChangeId="key-e750790928227f2c3eda546028b0bbde-1508342428600" CommentaryRef="key-e750790928227f2c3eda546028b0bbde">Independence of storage facilities</Addition>8R1This section applies to a storage facility unless a minor facility exemption is in force in respect of that facility under section 8S.2The owner of a storage facility to which this section applies must, notwithstanding any licence held by the owner, refrain from producing gas in the United Kingdom.3The owner must also, notwithstanding any licence held by the owner, refrain from carrying out any of the following activities in the United Kingdom except to the extent that the activity is necessary for the efficient operation of the storage facility or of another facility used by the owner to store gas—athe supply to any premises of gas which has been conveyed to those premises through pipes;bthe making of an arrangement with a gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that gas transporter;cany other sale of gas.4If an affiliate of the owner carries out in the United Kingdom an activity which, under subsection (2) or (3), the owner must refrain from carrying out, the owner must operate the storage facility independently of the interests of that affiliate and must, in particular, ensure that—ano senior officer or manager of the owner is a senior officer or manager of the affiliate;bif a senior officer or manager of the owner has an interest in the affiliate that conflicts, or is likely to conflict, with the interests of the storage facility, the owner maintains procedures to ensure that the storage facility is operated independently of that interest in the affiliate;cthe owner is entitled to take decisions without the consent of that affiliate in respect of any assets necessary to operate, maintain or develop the storage facility; anddthe owner does not take instructions from the affiliate regarding day to day operations or individual decisions concerning the construction or upgrading of the storage facility.5Subsection (4)(c) and (d) does not prevent a parent undertaking of the owner from requiring the owner—ato obtain the parent undertaking’s approval of the owner’s annual financial planning;bto comply with restrictions on the owner’s overall indebtedness.6The owner must establish a programme (the “independence programme”) in relation to the owner’s senior officers, other officers, managers and employees for the purpose of ensuring that they do not cause the owner to—adiscriminate against persons who are not affiliates of the owner; orbbreach any of the owner’s obligations under section 11C regarding the disclosure or use of information.7The owner must—aensure that compliance with the independence programme is monitored; andbeach year, publish a report setting out the measures taken in accordance with the independence programme and send a copy to the Authority.8For the purposes of this section a person produces gas if the person—agets natural gas from its natural condition in strata otherwise than as an unintended consequence of the storage of gas, and requires a licence under section 3 of the Petroleum Act 1998 (licences to search and bore for and get petroleum) to do so or would require such a licence if getting the gas in Great Britain; orbproduces any other gas, including in particular biomethane, which is suitable for conveyance through pipes to premises in accordance with a licence under section 7.9In this section—“affiliate”, in relation to a person (“person A”), means—a person who has control of person A; ora person who is under the control of the same person as person A;“control” has the meaning given by section 8Q(1);“manager”, in relation to the owner of a storage facility or an affiliate of the owner, means a natural person who is responsible, directly or indirectly, for the day to day management of the owner or the affiliate;“parent undertaking” has the meaning given by section 1162 of the Companies Act 2006.10The reference in subsection (4)(b) to a conflict of interests includes a conflict of interest and duty and a conflict of duties.<Addition ChangeId="key-e750790928227f2c3eda546028b0bbde-1508342428600" CommentaryRef="key-e750790928227f2c3eda546028b0bbde">Independence of storage facilities and duty to allow others to use them: exemptions for minor facilities</Addition>8S1A person who is or expects to be an owner of a storage facility may apply in writing to the Authority for an exemption from the requirements of sections 8R and 19B in respect of that facility (a “minor facility exemption”).2The Authority must give a minor facility exemption in respect of a facility where it is satisfied that use of the facility by other persons is not technically or economically necessary for the operation of an efficient gas market.3A minor facility exemption—amust be in writing;bmay be given—ifor an indefinite period or for a period determined under the exemption;iiunconditionally or subject to such conditions as the Authority considers appropriate.4The Authority must publish its decision to give or refuse to give a minor facility exemption together with the reasons for the decision.5A minor facility exemption may be revoked—ain accordance with provisions contained in it;bat any other time, if the Authority considers that the condition in subsection (2) is no longer met.6The Authority must from time to time publish a document setting out how it will determine whether the use of a facility by other persons is technically or economically necessary for the operation of an efficient gas market, including the matters it will take into account when determining this.7Publication under subsection (4) or (6) must be in such manner as the Authority considers appropriate.8Before publishing a document under subsection (6) the Authority must consult—athe Secretary of State; andbsuch other persons as the Authority considers appropriate.<Addition ChangeId="d29p1970" CommentaryRef="c14413471"> Powers and duties of public gas transporters</Addition><Addition ChangeId="d29p1975" CommentaryRef="c14413511"> General powers and duties.</Addition>91It shall be the duty of a gas transporter as respects each authorised area of his—ato develop and maintain an efficient and economical pipe-line system for the conveyance of gas; andbsubject to paragraph (a) above, to comply, so far as it is economical to do so, with any reasonable request for him —i to connect to that system, and convey gas by means of that system to, any premises ; or.iito connect to that system a pipe-line system operated by an authorised transporter.1AIt shall also be the duty of a gas transporter to facilitate competition in the supply of gas.2It shall also be the duty of a gas transporter to avoid any undue preference or undue discrimination—ain the connection of premises , or a pipe-line system operated by an authorised transporter, to any pipe-line system operated by him; orbin the terms on which he undertakes the conveyance of gas by means of such a system.2AThe conditions of a licence held by a gas transporter may include a condition requiring the gas transporter, in performing a duty under subsection (1), (1A) or (2), to have regard to the interests of existing and future consumers in relation to electricity conveyed by distribution systems or transmission systems (within the meaning of the Electricity Act 1989).3The following provisions shall have effect, namely—aSchedule 3 to this Act (which provides for the acquisition of land by gas transporters); andbSchedule 4 to this Act (which relates to the breaking up of streets and bridges by such transporters).<Addition ChangeId="d29p2085" CommentaryRef="c14413641"> Duty to connect certain premises.</Addition>101Subsection (2) below applies to any premises in an authorised area of a gas transporter which—aare situated within 23 metres from a relevant main of the transporter; orbcould be connected to any such main by a pipe supplied and laid, or proposed to be supplied and laid, by the owner or occupier of the premises.2Subject to the provisions of this Part and any regulations made under those provisions, a gas transporter shall, on being required to do so by the owner or occupier of any premises to which this subsection applies—ain the case of premises falling within paragraph (a) of subsection (1) above, connect the premises to the relevant main, and supply and lay any pipe that may be necessary for that purpose; andbin the case of premises falling within paragraph (b) of that subsection, connect the premises to the relevant main by the pipe there mentioned;and in the following provisions of this section “connect”, in relation to any premises, means connect to a relevant main of a gas transporter and “connection” shall be construed accordingly.3Subject to the provisions of this Part and any regulations made under those provisions, where any premises are connected (whether by virtue of subsection (2) above or otherwise), the gas transporter shall maintain the connection until such time as it is no longer required by the owner or occupier of the premises.3AA gas transporter may require any person who requires a connection under subsection (2)(b) to accept any terms—aindemnifying the transporter in respect of any liability connected with the laying of the pipe;bwhich it is reasonable in all the circumstances for that person to be required to accept.4Where any person requires a connection in pursuance of subsection (2) above, he shall serve on the gas transporter a notice specifying—athe premises in respect of which the connection is required; andbthe day (not being earlier than a reasonable time after the service of the notice) upon which the connection is required to be made.5Where any pipe is supplied and laid by a gas transporter in pursuance of subsection (2)(a) above, the cost of supplying and laying the pipe shall, if and to the extent that the transporter so requires and the conditions of his licence so allow, be defrayed by the person requiring the connection.5AWhere in pursuance of subsection (2)(b) a gas transporter connects any premises to a relevant main by a pipe supplied and laid by the owner or occupier of the premises, the cost of making the connection shall, if and to the extent that the transporter so requires and the conditions of his licence so allow, be defrayed by the person supplying and laying the pipe.6Where at any time a gas transporter connects any premises under subsection (2)(b) above—athe pipe supplied and laid by the owner or occupier of the premises; andbany rights or liabilities of the owner or occupier which relate to the laying, maintenance, repair, alteration or removal of the pipe,shall at that time vest in and become property , rights or liabilities of the transporter.7The Director may, with the consent of the Secretary of State, make provision by regulations for entitling a gas transporter to require a person requiring a connection in pursuance of subsection (2) above to pay to the transporter an amount in respect of the expenses of the laying of the main used for the purpose of making that connection if—athe connection is required within the prescribed period after the laying of the main;ba person for the purpose of connecting whose premises the main was laid has made a payment to the transporter in respect of those expenses;cthe amount required does not exceed any amount paid in respect of those expenses by such a person or by any person previously required to make a payment under the regulations; anddthe transporter has not recovered those expenses in full.8Nothing in subsection (2) or (3) above shall be taken as requiring a gas transporter to connect, or maintain the connection of, any premises if the supply of gas to those premises is likely to exceed 75,000 therms in any period of twelve months.9Nothing in subsection (2) or (3) above shall be taken as requiring a gas transporter to connect, or to maintain the connection of, any premises if—ahe is prevented from doing so by circumstances not within his control;bcircumstances exist by reason of which his doing so would or might involve danger to the public, and he has taken all such steps as it was reasonable to take both to prevent the circumstances from occurring and to prevent them from having that effect; orcin the case of premises falling within paragraph (b) of subsection (1) above, the pipe supplied and laid by the owner or occupier of the premises is not fit for the purpose.10Where—aany person requires a connection to be made or maintained in pursuance of subsection (2) or (3) above;bthe making or maintenance of the connection would involve a new or increased supply of gas to the premises in question;cthe gas transporter reasonably expects that, if the connection were made or maintained, gas would be supplied to the premises in question at a rate exceeding 2,500 therms a year; anddthe new or increased supply is such that the connection cannot be made or maintained without the laying of a new main, or the enlarging of an existing main, or the construction or enlarging of any other works required for the conveyance of gas,the transporter may, if he thinks fit, refuse to make or maintain the connection unless that person enters into a written contract with the transporter to make such payments to him as he may reasonably require having regard to the expense to be incurred in laying or enlarging the main or constructing or enlarging the other works and the extent to which it is reasonable to expect that the transporter will recover that expense from elsewhere.11If and to the extent that regulations made by the Director with the consent of the Secretary of State so provide, subsection (10) above shall have effect as if—athe reference in paragraph (d) to the laying of a new main, the enlarging of an existing main or the construction or enlarging of any other works required for the conveyance of gas included a reference to a new main which had previously been laid, an existing main which had previously been enlarged or any other works required for the conveyance of gas which had previously been constructed or enlarged;bthe reference to the expense to be incurred in laying or enlarging the main or constructing or enlarging the other works included a reference to the expense which had been so incurred; andcthe reference to the extent to which it is reasonable to expect that the transporter will recover that expense from elsewhere included a reference to the extent to which the transporter had been able so to recover that expense.12Subject to subsection (13) below, in this section “relevant main”, in relation to a gas transporter, means any distribution main in an authorised area of his which is being used for the purpose of giving a supply of gas to any premises in that area at a rate not exceeding 75,000 therms a year.13Any pipe which—avests in and becomes the property of a gas transporter by virtue of subsection (6) above; andbapart from this subsection, would be a relevant main for the purposes of this section,shall be such a main if, and only if, it has been declared to be such a main by the transporter.14A gas transporter shall make a declaration under subsection (13) above in respect of each pipe falling within that subsection which is fit for the purpose of being a relevant main; and a declaration under that subsection shall not be capable of being revoked.<Addition ChangeId="d29p2437" CommentaryRef="c14413841"> Restriction on use of certain pipe-lines for providing a supply.</Addition>10A1Any pipe-line of a gas transporter—afor the construction of which the execution of works has begun before the commencement of section 76 of the Utilities Act 2000 (abolition of geographical exclusivity of authorised areas of gas transporters); andbwhich is situated in an area which, immediately before the commencement of that section, is the authorised area of a public gas transporter (the “other transporter”),shall not be used for the purpose of giving a supply of gas to any premises in that area at a rate less than 2,196,000 kilowatt hours per year unless the other transporter consents in writing to such use.2If the other transporter refuses or fails to give consent under subsection (1) consent may instead be given in writing by the Authority where it considers it appropriate to do so.3Consent given under this section may not be withdrawn.4In this section “pipe-line” has the same meaning as in the Pipe-lines Act 1962.<Addition ChangeId="d29p2493" CommentaryRef="c14413871"> Power to require security.</Addition>111Where any person requires a connection in pursuance of paragraph (a) of section 10(2) above and a pipe falls to be supplied and laid by the gas transporter in pursuance of that paragraph—athe transporter may require that person to give him reasonable security for the payment to him of all money which may become due to him in respect of the supply and laying of the pipe; andbif that person fails to give such security or, where any security given by him has become invalid or insufficient, fails to provide alternative or additional security, the transporter may if he thinks fit refuse to supply and lay the pipe for so long as the failure continues.2Where any amount is deposited with a gas transporter by way of security in pursuance of this section, the transporter shall pay interest on that amount, at such rate as may from time to time be fixed by the transporter with the approval of the Director, in respect of the period during which it remains in the hands of the transporter.3In this section “connection” shall be construed in accordance with section 10(2) above.<Addition ChangeId="key-3d973d7bdc0265ce6afc649fe3196934-1508342637983" CommentaryRef="key-3d973d7bdc0265ce6afc649fe3196934">Duties of facility owners and prospective facility owners</Addition><Addition ChangeId="key-3d973d7bdc0265ce6afc649fe3196934-1508342637983" CommentaryRef="key-3d973d7bdc0265ce6afc649fe3196934">General duties of facility owners</Addition>11A1This section applies to—aa storage facility;ban LNG import or export facility.2The owner of a facility to which this section applies must—aoperate, maintain and develop the facility, so far as it is economical to do so, in a manner calculated to ensure that the facility is secure, reliable and efficient;btake any steps required by the Authority to ensure that the owner maintains sufficient financial resources to enable the owner to comply with the owner’s obligations under this Act and under the Gas Regulation.<Addition ChangeId="key-3d973d7bdc0265ce6afc649fe3196934-1508342637983" CommentaryRef="key-3d973d7bdc0265ce6afc649fe3196934">Duty of current and prospective </Addition><Addition ChangeId="key-3d973d7bdc0265ce6afc649fe3196934-1508342637983" CommentaryRef="key-3d973d7bdc0265ce6afc649fe3196934">LNG</Addition><Addition ChangeId="key-3d973d7bdc0265ce6afc649fe3196934-1508342637983" CommentaryRef="key-3d973d7bdc0265ce6afc649fe3196934"> import or export facility owners to provide information</Addition>11BA person who is or expects to be the owner of an LNG import or export facility must provide the Authority with such information in such manner and at such times as the Authority may reasonably require to facilitate the performance of its functions under this Act.<Addition ChangeId="key-3d973d7bdc0265ce6afc649fe3196934-1508342637983" CommentaryRef="key-3d973d7bdc0265ce6afc649fe3196934">Restrictions on disclosure of information by facility owners</Addition>11C1The owner of a storage facility or LNG import or export facility must take all reasonable steps to ensure that commercially sensitive information relating to the operation of the facility is not disclosed—ato a person in a way that discriminates against any other person or description of persons;bto an associated undertaking unless the disclosure is necessary in order to enable a transaction with that associated undertaking to take place.2Information which is obtained by the owner of a storage facility or LNG import or export facility from an associated undertaking for the purpose of, or in the course of, a transaction with that undertaking must not be used by the owner for any other purpose.<Addition ChangeId="d29p2545" CommentaryRef="c14413931"> Gas conveyed by Public Gas Transporters</Addition><Addition ChangeId="d29p2550" CommentaryRef="c14413961"> Methods of calculating therms.</Addition>121Except in prescribed cases, the number of therms or kilowatt hours conveyed by a gas transporter to premises, or to pipe-line systems operated by other gas transporters, shall be calculated in the prescribed manner—aon the basis of calorific values of the gas determined by the transporter in accordance with regulations under this section, or so determined by another gas transporter and adopted by the transporter in accordance with such regulations; orbif and to the extent that regulations under this section so provide and the transporter thinks fit, on the basis of declared calorific values of the gas;and regulations under this section shall be made by the Director with the consent of the Secretary of State.2In this Part—“calorific value”, in relation to any gas, means the number of megajoules (gross) which would be produced by—the combustion of one cubic metre of the gas measured at a temperature of 15°C and a pressure of 1013.25 millibars; orif regulations under this section so provide, the combustion of one kilogram of the gas,containing in either case, if the Director so determines, such an amount of water vapour as is specified in the determination;“declared calorific value”, in relation to any gas conveyed by a gas transporter, means a calorific value declared by the transporter in accordance with regulations under this section, or so declared by another gas transporter and adopted by the transporter in accordance with such regulations.3Regulations under this section may make provision as to the manner in which prescribed information with respect to the making of calculations in accordance with the regulations is to be made available to other licence holders and to the public.4Regulations under this section made for the purposes of subsection (1)(a) above may make provision—afor requiring determinations of calorific values of gas conveyed by gas transporters to be made on the basis of samples of gas taken at such places or premises, at such times and in such manner as the Director may direct;bfor requiring such determinations to be made at such places or premises, at such times and in such manner as the Director may direct;cas to the manner in which the results of such determinations are to be made available to other licence holders and to the public;dfor requiring such premises, apparatus and equipment as the Director may direct to be provided and maintained by gas transporters for the purpose of making such determinations;efor requiring gas transporters to carry out tests of apparatus and equipment so provided and maintained by them; andffor requiring the results of such tests to be notified to the Director or to any person appointed under section 13(1) below, and to be made available to other licence holders and to the public.5Regulations under this section made for the purposes of subsection (1)(b) above may make provision—afor requiring declarations of calorific values of gas conveyed by gas transporters to be made at such times and in such manner as the Director may direct;bas to the times when such declarations are to take effect, and as to the manner in which the calorific values declared are to be made available to other licence holders and to the public;cfor imposing requirements on gas transporters as to the correlation between—ithe calorific values of the gas conveyed by them for any period; andiithe calorific values declared by them for that period;dfor requiring gas transporters to carry out tests of gas for the purpose of ascertaining whether they are complying with the requirements of regulations made by virtue of paragraph (c) above;efor requiring such tests to be carried out at such places or premises, at such times and in such manner as the Director may direct; andffor requiring the results of such tests to be notified to the Director or to any person appointed under section 13(1) below, and to be made available to other licence holders and to the public.6Subject to subsection (7) below, the Director may by notice in writing require a gas transporter to give to the Director, or to any person appointed by him for the purpose, within such time and at such place as may be specified in the notice, such information as the Director may reasonably require for the purpose of making regulations under this section or section 13 below or of giving directions under such regulations.7A gas transporter shall not be required under subsection (6) above to give any information which he could not be compelled to give in evidence in civil proceedings before the court; and in this subsection “the court” means—ain relation to England and Wales, the High Court;bin relation to Scotland, the Court of Session.<Addition ChangeId="d29p2795" CommentaryRef="c14414211"> Calorific values: tests of apparatus </Addition><Abbreviation Expansion="et cetera" xml:lang="la"><Addition ChangeId="d29p2795" CommentaryRef="c14414211">etc.</Addition></Abbreviation>131The Director shall appoint competent and impartial persons—ato carry out tests of apparatus and equipment provided and maintained by gas transporters in pursuance of regulations made by virtue of subsection (4)(d) of section 12 above for the purpose of ascertaining whether they comply with the regulations;bto carry out tests of gas conveyed by gas transporters where the number of therms or kilowatt hours falls to be calculated in accordance with subsection (1)(b) of that section for the purpose of ascertaining whether the transporters are complying with the requirements of regulations made by virtue of subsection (5)(c) of that section; andcgenerally to assist the Director in exercising his functions under, or under regulations made under, this section or that section.2Regulations under this section, which shall be made by the Director with the consent of the Secretary of State, may make provision—afor requiring such tests as are mentioned in subsection (1)(b) above to be carried out at such places or premises as the Director may direct;bfor requiring such premises, apparatus and equipment as the Director may direct to be provided and maintained by gas transporters for the purpose of carrying out such tests;cfor requiring samples of gas to be taken by gas transporters at such places or premises, at such times and in such manner as the Director may direct; anddfor requiring samples of gas so taken to be provided by gas transporters, for the purpose of carrying out such tests, at such places or premises, at such times and in such manner as the Director may direct.3Regulations under this section may make provision—afor persons representing the public gas transporter concerned to be present during the carrying out of such tests as are mentioned in subsection (1) above;bas to the manner in which the results of such tests are to be made available to other licence holders and to the public; andcfor conferring powers of entry on property owned or occupied by gas transporters for the purpose of carrying out such tests and otherwise for the purposes of this section or section 12 above.4There shall be paid out of money provided by Parliament to persons appointed under subsection (1) above who are members of the Director’s staff such remuneration and such allowances as may be determined by the Director with the approval of the Treasury, and such pensions as may be so determined may be paid out of money provided by Parliament to or in respect of such persons.5Every person who is a gas transporter during any period shall pay to the Director such proportion (if any) as the Director may determine of—aany sums paid by him under subsection (4) above in respect of that period; andbsuch part of his other expenses for that period as he may with the consent of the Treasury determine to be attributable to his functions under section 12 above or this section;and any liability under this subsection to pay to the Director sums on account of pensions (whether paid by him under subsection (4) above or otherwise) shall, if the Director so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Treasury, by reference to remuneration.6Any sums received by the Director under this section shall be paid into the Consolidated Fund.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15<Addition ChangeId="d29p3141" CommentaryRef="c14414461"> Standards of gas quality.</Addition>161The Authority may, with the consent of the Secretary of State, prescribe—astandards of pressure and purity to be complied with by gas transporters in conveying gas to premises or to pipe-line systems operated by other gas transporters; andbother standards with respect to the properties, condition and composition of gas so conveyed.2Before making any regulations under this section the Authority shall consult such persons and organisations as it considers appropriate and such gas transporters as appear to it to be affected by the regulations.3The Authority shall appoint competent and impartial persons for the purpose of—acarrying out tests of gas, apparatus or equipment in accordance with regulations under this section; andbassisting the Authority in exercising functions under this section and regulations made under it.4Regulations under this section may make provision—afor requiring tests of gas conveyed by gas transporters to be carried out by persons appointed under subsection (3) or by gas transporters for the purpose of ascertaining whether the gas conforms with the standards prescribed by the regulations;bfor requiring such tests to be carried out on the basis of samples taken by persons appointed under subsection (3) or by gas transporters; andcfor requiring samples of gas taken under paragraph (b) to be provided by gas transporters for the purpose of carrying out such tests.5Regulations under this section may make provision—afor requiring such premises, apparatus and equipment as the Authority may direct to be provided and maintained by gas transporters for the purpose of carrying out tests required under subsection (4)(a);bfor requiring tests of apparatus and equipment so provided to be carried out by persons appointed under subsection (3); andcfor requiring gas transporters to carry out tests of apparatus and equipment so provided and maintained by them.6Regulations under this section may make provision—aas to the places or premises and the times at which, and the manner in which—itests under this section are to be carried out;iisamples of gas are to be taken and provided under this section; andiiiresults of tests under this section are to be notified or made available;bfor the Authority to require by direction any matter which may be required by regulations by virtue of paragraph (a);cfor persons representing the gas transporter concerned to be present during the carrying out of any tests carried out by persons appointed under subsection (3);dfor the results of tests under this section to be made available to other licence holders and to the public;efor requiring gas transporters to notify the results of such tests carried out by them to the Authority or to any person appointed under subsection (3);ffor conferring powers of entry on property owned or occupied by gas transporters for the purpose of carrying out tests under this section and otherwise for the purposes of the regulations.7Subject to subsection (8), the Authority may by notice in writing require a gas transporter to give to the Authority, or to any person appointed by it for the purpose, within such time and at such place as may be specified in the notice, such information as the Authority may reasonably require for the purpose of making regulations under this section or of giving directions under such regulations.8A gas transporter shall not be required under subsection (7) to give any information which he could not be compelled to give in evidence in civil proceedings before the High Court or, in Scotland, the Court of Session.9Every person who is a gas transporter during any period shall pay to the Authority such proportion as the Authority may determine of such part of its expenses for that period as the Authority may determine to be attributable to its functions in connection with the testing of gas for the purposes of this section.10It shall be the duty of every gas transporter to conduct his business in such a way as can reasonably be expected to secure compliance with the standards set under subsection (1).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15B<Addition ChangeId="d29p3336" CommentaryRef="c14414491"> Gas conveyed by public gas transporters and others</Addition>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16<Addition ChangeId="d29p3351" CommentaryRef="c14414681"> Meter testing and stamping.</Addition>171No meter shall be used for the purpose of ascertaining the quantity of gas supplied through pipes to any person unless it is stamped either by, or on the authority of, a meter examiner appointed under this section or in such other manner as may be authorised by regulations under this section.2Subject to subsections (3) to (5) below, it shall be the duty of a meter examiner who is employed in the civil service of the State, on being required to do so by any person and on payment of the requisite fee—ato examine any meter used or intended to be used for ascertaining the quantity of gas supplied to any person; andbto stamp, or authorise the stamping of, that meter.3A meter examiner shall not stamp, or authorise the stamping of, any meter unless he is satisfied that it is of such pattern and construction and is marked in such manner as is approved by the Director and that the meter conforms with such standards as may be prescribed for the purposes of this subsection.4A meter examiner may stamp or authorise another person to stamp a meter, notwithstanding that he has not himself examined it, if—athe meter was manufactured or repaired by the person submitting it to the examiner;bthat person has obtained the consent of the Director to his submission; andcany conditions subject to which the consent was given have been satisfied.5A meter examiner may authorise another person to stamp a meter, notwithstanding that he has not himself examined it, if—athe meter was manufactured or repaired by that person;bthat person has obtained the consent of the Director to his stamping of the meter; andcany conditions subject to which the consent was given have been satisfied.6The Director shall appoint competent and impartial persons as meter examiners for the purposes of this section.7There shall be paid out of money provided by Parliament to meter examiners who are employed in the civil service of the State such remuneration and such allowances as may be determined by the Director with the approval of the Treasury, and such pensions as may be so determined may be paid out of money provided by Parliament to or in respect of such examiners.7AThe Secretary of State may pay, out of money provided by Parliament, to meter examiners who are not employed in the civil service of the State or to any employer of such examiners—asums in connection with the performance by such examiners of functions conferred by or under this section or gas meter regulations (within the meaning of section 92 of the Energy Act 2008), andbsums in respect of any pension payable to or in respect of such examiners.8All fees payable to meter examiners who are employed in the civil service of the State for the performance of functions conferred by or under this section shall be paid to the Director; and any sums received by him under this subsection shall be paid into the Consolidated Fund.9Regulations under this section, which shall be made by the Director ... , may make provision—afor re-examining meters already stamped, and for the cancellation of stamps in the case of meters which no longer conform with the prescribed standards and in such other circumstances as may be prescribed;bfor requiring meters to be periodically overhauled; andcfor the revocation of any approval given by the Director to any particular pattern or construction of meter, and for requiring existing meters of that pattern or construction to be replaced within such period as may be prescribed for the purposes of this subsection.10The fees to be paid to meter examiners who are employed in the civil service of the State for the performance of functions conferred by or under this section, and the persons by whom they are to be paid, shall be such as the Director may, with the approval of the Treasury, from time to time determine; and a determination under this subsection may—amake different provision for different areas or in relation to different cases or different circumstances; andbmake such supplementary, incidental or transitional provision as the Director considers necessary or expedient.11If any person supplies gas through a meter which has not been stamped under this section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.12Where the commission by any person of an offence under subsection (11) above is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.13In any proceedings for an offence under subsection (11) above it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.14The preceding provisions of this section shall not have effect in relation to the supply of gas to a person under any agreement providing for the quantity of gas supplied to him to be ascertained by a meter designed for rates of flow which, if measured at a temperature of 15°C and a pressure of 1013.25 millibars, would exceed 1600 cubic metres an hour.15Regulations under this section may provide that subsection (14) above shall have effect as if for the number of cubic metres an hour which is for the time being applicable for the purposes of that subsection there were substituted such lower number of cubic metres an hour as the Director considers appropriate. Safety regulations.181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2The Secretary of State may by regulations make provision for empowering any officer authorised by the relevant authority—ato enter any premises in which there is a service pipe connected with a gas main, for the purpose of inspecting any gas fitting on the premises, any flue or means of ventilation used in connection with any such gas fitting, or any part of the gas system on the premises, that is to say,any service pipe or other apparatus (not being a gas fitting) which is on the premises and is used for the conveyance orsupply of gas or is connected with a gas main;bwhere he so enters any such premises, to examine or apply any test to any such object as is mentioned in paragraph (a) above and (where the object is a gas fitting) to verify what supply of air is available for it; andcwhere in his opinion it is necessary to do so for the purpose of averting danger to life or property, and notwithstanding any contract previously existing, to disconnect and seal off any gas fitting or any part of the gas system on the premises, or disconnect the premises or, if the premises are not connected, to signify the refusal of the relevant authority to convey gas or, as the case may be, allow gas to be conveyed to the premises.3Where any regulations under subsection (2) above confer any power in accordance with paragraph (c) of that subsection, the regulations shall also include provision—afor securing that, where any such power is exercised, the consumer will be notified as to the nature of the defect or other circumstances in consequence of which it has been exercised;bfor enabling any consumer so notified to appeal to the Secretary of State on the grounds that the defect or other circumstances in question did not constitute a danger such as to justify the action taken in the exercise of the power, or did not exist or have ceased to exist; andcfor enabling the Secretary of State to give such directions as may in accordance with the regulations be determined by him to be appropriate in consequence of any such appeal.4Regulations made under subsection (2) above may make provision for prohibiting any person, except with the consent of the relevant authority or in pursuance of any directions given by the Secretary of State as mentioned in subsection (3)(c) above, from—areconnecting any gas fitting or any part of any gas system which has been disconnected by or on behalf of the relevant authority in exercise of a power conferred by the regulations; orbreconnecting any premises which have been disconnected by or on behalf of the relevant authority in the exercise of any such power; orccausing gas from a gas main to be conveyed to any premises where in pursuance of the regulations the refusal of the relevant authority to convey gas or, as the case may be, allow gas to be conveyed to those premises has been signified and that refusal has not been withdrawn.5Where in pursuance of any powers conferred by regulations made under subsection (2) above, entry is made on any premises by an officer authorised by the relevant authority—athe officer shall ensure that the premises are left no less secure by reason of the entry; andbthe relevant authority shall make good, or pay compensation for, any damage caused by the officer, or by any person accompanying him in entering the premises, in taking any action therein authorised by the regulations, or in making the premises secure.6Any officer exercising powers of entry conferred by regulations made under subsection (2) above may be accompanied by such persons as may be necessary or expedient for the purpose for which entry is made, or for the purposes of subsection (5) above.7If any person intentionally obstructs any officer exercising powers of entry conferred by regulations made under subsection (2) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.8The Rights of Entry (Gas and Electricity Boards) Act 1954 (entry under a justice’s warrant) shall apply in relation to any powers of entry conferred by regulations made under subsection (2) above as if any reference to a gas operator were a reference to the relevant authority.9In this section “the relevant authority”—ain relation to dangers arising from the conveyance of gas by a gas transporter, or from the use of gas conveyed by such a transporter, means that transporter; andbin relation to dangers arising from the conveyance of gas by a person other than a gas transporter, or from the use of gas conveyed by such a person, means the Secretary of State.10Where the relevant authority is a gas transporter, any reference in this section to any officer authorised by the authority includes a reference to any officer authorised by another such transporter with whom the authority has made arrangements for officers authorised by the other transporter to discharge any functions of the authority under this section.11Except in cases of emergency, no officer shall be authorised by a gas transporter to exercise any powers of entry conferred by regulations under this section unless the transporter has taken all reasonable steps to ensure that he is a fit and proper person to exercise those powers.<Addition ChangeId="d29p3738" CommentaryRef="c14415011"> Gas escape regulations.</Addition>18A1The Secretary of State may by regulations make provision—afor empowering any officer authorised by a gas transporter, if the transporter has reasonable cause to suspect—ithat gas conveyed by the transporter is escaping, or may escape, in any premises; oriithat gas so conveyed which has escaped has entered, or may enter, any premises,to enter the premises, to carry out any work necessary to prevent the escape of gas and to take any other steps necessary to avert danger to life or property; andbfor empowering any officer so authorised, if the transporter has reasonable cause to suspect—ithat gas conveyed through pipes by some other person is escaping, or may escape, in any premises; oriithat gas so conveyed which has escaped has entered, or may enter, any premises,to enter the premises and take any steps necessary to avert danger to life or property.2Subsections (5) to (7) and (11) of section 18 above shall apply for the purposes of this section as if—aany reference to subsection (2) of that section were a reference to subsection (1) above;bany reference to the relevant authority were a reference to a gas transporter;cany reference to subsection (5) of that section were a reference to that subsection as applied by this subsection; anddthe reference in subsection (11) of that section to regulations under that section were a reference to regulations under this section.3The Rights of Entry (Gas and Electricity Boards) Act 1954 (entry under a justice’s warrant) shall apply in relation to any powers of entry conferred by regulations made under subsection (1) above.4Any reference in this section to any officer authorised by a gas transporter includes a reference to any officer authorised by another such transporter with whom the transporter has made arrangements for officers authorised by the other transporter to discharge any functions under this section of officers authorised by the transporter. <Substitution ChangeId="key-c3620b9f82f8e8f3b1e5c2ce2535eaf9-1508324994576" CommentaryRef="key-c3620b9f82f8e8f3b1e5c2ce2535eaf9">Pipe-line systems, storage facilities and </Substitution><Substitution ChangeId="key-c3620b9f82f8e8f3b1e5c2ce2535eaf9-1508324994576" CommentaryRef="key-c3620b9f82f8e8f3b1e5c2ce2535eaf9">LNG</Substitution><Substitution ChangeId="key-c3620b9f82f8e8f3b1e5c2ce2535eaf9-1508324994576" CommentaryRef="key-c3620b9f82f8e8f3b1e5c2ce2535eaf9"> import or export facilities: rights of use </Substitution><Substitution ChangeId="key-c3620b9f82f8e8f3b1e5c2ce2535eaf9-1508324994576" CommentaryRef="key-c3620b9f82f8e8f3b1e5c2ce2535eaf9">etc</Substitution><CommentaryRef Ref="c14415151"/><Addition ChangeId="d29p3856" CommentaryRef="c14415141">Acquisition of rights to use pipe-line systems.</Addition>191In the case of a pipe-line system operated by a gas transporter, any person may, after giving the transporter not less than 28 days’ notice, apply to the Director for directions under this section which would secure to the applicant a right of a description specified in the application to have conveyed by the system gas which—ais of a kind so specified; andbis of, or of a kind similar to, the kind which the system is designed to convey.2Where an application is made under subsection (1) above, it shall be the duty of the Director—ato decide whether the application is to be adjourned (so as to enable negotiations or further negotiations to take place), considered further or rejected;bto give notice of his decision to the applicant;cin the case of a decision that the application is to be considered further, to give to the transporter, to the Health and Safety Executive and to any person who has a right to have gas conveyed by the pipe-line system, notice that the application is to be so considered and an opportunity of being heard about the matter.3Where, after further considering an application under subsection (1) above, the Director is satisfied that the giving of directions under this section would not prejudice the efficient operation of the pipe-line system, or the conveyance by the system of—athe quantities of gas which the gas transporter requires or may reasonably be expected to require to be conveyed by the system to enable the transporter to comply with the conditions of his licence and to perform his contractual obligations;bthe quantities of gas which any person who has a right to have gas conveyed by the system is entitled to require to be so conveyed in the exercise of that right,the Director may give such directions to the transporter.4Directions under this section may—aspecify the terms on which the Director considers the gas transporter should enter into an agreement with the applicant for all or any of the following purposes—ifor securing to the applicant the right to have conveyed by the pipe-line system, for the period specified in the directions and in the quantities so specified or determined by or under the directions, gas which is of a kind so specified;iifor securing that the exercise of that right is not prevented or impeded;iiifor regulating the charges which may be made for the conveyance of gas by virtue of that right;ivfor securing to the applicant such ancillary or incidental rights as the Director considers necessary or expedient, which may include the right to have a pipe-line of his connected to the pipe-line system by the transporter;bspecify the sums or the method of determining the sums which the Director considers should be paid by way of consideration for any such right; andcrequire the transporter, if the applicant pays or agrees to pay those sums within a period specified in that behalf in the directions, to enter into an agreement with him on the terms so specified.5In giving any directions under this section, the Director shall apply the principle that the gas transporter should be entitled to receive by way of charges for the conveyance of gas by virtue of the right—athe appropriate proportion of the costs incurred by the transporter in administering, maintaining and operating his pipe-line system; andba return equal to the appropriate proportion of the return received by the transporter (otherwise than by virtue of the right) on the capital value of the system (including so much of that return as is set aside to meet the need from time to time to renew the system).6In subsection (5) above “the appropriate proportion” means such proportion as properly—areflects the use made of the gas transporter’s pipe-line system by virtue of the right as compared with the use made of that system for other purposes; andbtakes into account the sums paid by way of consideration for the right and any sums paid in respect of the pipe-line system (whether by the applicant or by any other person) in pursuance of directions under section 21(1) below.7Any reference in this section to a right to have gas of any kind conveyed by a pipe-line system includes a reference to a right to introduce into, or take out of, such a system gas of that kind.<Addition ChangeId="d29p4045" CommentaryRef="c14415221">Application of section 19B to storage facilities.</Addition>19A1Section 19B applies to a storage facility, except as provided in subsections (1A) and (1B).1ASection 19B does not apply to a storage facility if it is subject to a minor facility exemption under section 8S.1BSection 19B does not apply to a storage facility if, or to the extent that, it is exempt under this section.1CThe Authority must maintain on its website a list of the facilities to which section 19B applies.1DIf only part of the capacity of a storage facility is exempt under this section, the list under subsection (1C) must specify the extent to which section 19B applies to the facility.2 A person who is or expects to be an owner of a storage facility may apply in writing to the Director for an exemption under this section with respect to the facility.2AAn application under subsection (2) must relate to—aa storage facility (or proposed storage facility) which is not yet operational; orba modification (or proposed modification) which falls within subsection (2B) and is not yet operational.2BA modification (or proposed modification) falls within this subsection if it is—aa modification of a storage facility to provide for a significant increase in the capacity of the facility; orba modification of a storage facility to enable the development of new sources of gas supply.2C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3An exemption under this section must be given in writing and on the following terms—aa term specifying the period of the exemption, or specifying how that period is to be determined;ba term as to whether the exemption applies to all of the capacity of the facility or part of that capacity only;ca term that the owner must comply with the capacity allocation mechanism approved in accordance with section 19DB; anddsuch other terms regarding non-discriminatory access to the facility or any other matter as the Authority considers appropriate.3AWhen determining a term under subsection (3) the Authority must take into account—athe capacity of the facility or (as the case may be) the increase in capacity of the facility;bthe length of time required to recover the investment in the facility or (as the case may be) the investment in the modification;cthe implications of the exemption for the operation of the gas market in Great Britain.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Where the Authority receives an application under subsection (2) in relation to a facility or modification, it must give an exemption if it is satisfied that —a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bthe requirements of subsection (8) are met.6AAn exemption given in accordance with subsection (6) may apply to all of the capacity of the facility concerned or to part of that capacity only, regardless of the extent of the exemption applied for; but this is subject to subsection (7).7In respect of a facility which is or is to be modified to provide for a significant increase in its capacity, an exemption by virtue of subsection (6)(b) may only be given in relation to that increase in its capacity or part of that increase in its capacity.7AWhen deciding whether the requirements of subsection (8)(a), (d) and (e) are met, the Authority must take into account the way in which capacity is to be allocated under the capacity allocation mechanism approved in accordance with section 19DB.8The requirements of this subsection are that—athe facility or (as the case may be) the modification will promote security of supply;bthe level of risk is such that the investment to construct the facility or (as the case may be) to modify the facility ... would not be or would not have been made without the exemption;cthe facility is or is to be owned by a person other than the gas transporter who operates or will operate the pipeline system connected or to be connected to the facility;dcharges will be levied on users of the facility or (as the case may) the increase in its capacity; and ethe exemption will not be detrimental to competition, the operation of an economically efficient gas market or the efficient functioning of the pipeline system connected or to be connected to the facility.f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Subject to subsections (9A) and (10), an exemption may not be given by virtue of subsection (6)(b) more than once in respect of the same facility.9ASubsection (9) does not prevent a further exemption being given by virtue of subsection (6)(b) in respect of a facility if the previous exemption given by virtue of that provision in respect of the facility has been revoked under section 19AA(5).10Subsection (9) does not prevent a further exemption being given by virtue of subsection (6)(b) in respect of a facility if—the facility is or is to be modified to provide for a significant increase in its capacity or to enable the development of new sources of gas supply;the exemption has effect only in relation to that modification; andno previous exemption has been given by virtue of subsection (6)(b) in relation to that modification.11The Authority shall publish its decision to give or refuse to give an exemption under this section, together with the reasons for its decision, in such manner as it considers appropriate.12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<CommentaryRef Ref="key-f474e4b298907668ea7821a7520297b8"/><Addition ChangeId="key-ab94f19cb324e6db93884cc63ee6c130-1508409943153" CommentaryRef="key-ab94f19cb324e6db93884cc63ee6c130">... Revocation of exemptions under section 19A</Addition>19AA1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3The Authority must revoke an exemption given under section 19A in respect of a facility—aif the construction of the facility, or (as the case may be) the making of the modification to which the exemption relates, has not been started within the 2 years beginning with the relevant date; orbif the facility, or (as the case may be) the modification to which the exemption relates, is not operational within the 5 years beginning with the relevant date.4In subsection (3) “relevant date” means—aif before IP completion day the European Commission notified the Authority that it approved the exemption and terms as copied to it under subsection (1) (as it then had effect), the date of that notification;bif, before IP completion day and in accordance with Article 36(9) of the Gas Directive, the European Commission required the Authority to modify the terms, the date of that requirement;cif—ibefore IP completion day the Authority sent the European Commission a copy of the exemption and terms under subsection (1) (as it then had effect), andiithe European Commission does not act as described in paragraph (a) or (b) before IP completion day,the date 4 months after the Authority sent the European Commission a copy of the exemption and terms under subsection (1) or IP completion day, whichever is the sooner;dif the decision to give the exemption was published under section 19A(11) on or after IP completion day, the date on which the decision was published under section 19A(11).5The Authority may at any other time revoke an exemption given under section 19A, or modify the terms on which such an exemption is given, in respect of a facility—ain accordance with the provisions of the exemption; orbby giving the owner of the facility a notice of revocation at least 4 months before the revocation takes effect.<Addition ChangeId="d29p4110" CommentaryRef="c14415231">Acquisition of rights to use storage facilities.</Addition>19B1The owner of a storage facility to which this section applies (a “relevant facility”)—ashall publish at least once in every year the main commercial conditions relating to the grant to another person of a right to have gas or liquid gas stored in the facility on that person’s behalf; andbshall publish any changes to the published conditions as soon as they become effective.2In subsection (1) “year” means any year ending with 9th August.3The owner of a relevant facility shall ensure that the conditions which he is required to publish under subsection (1) do not discriminate against any applicants or descriptions of applicants, or any potential applicants or descriptions of potential applicants, for a right to have gas or liquid gas stored in the facility.3AAt least 2 months before publishing the main commercial conditions, or any changes to the published conditions, under subsection (1), the owner of a relevant facility must—apublish a draft of the proposed conditions or changes; andbinform any person who has a right to have gas stored in the facility that the draft has been published.3BWhen finalising conditions or changes under subsection (1), the owner of a relevant facility must take into account any representations it has received about the proposed conditions or changes.4Any person who seeks a right to have gas or liquid gas stored on his behalf in a relevant facility (“the applicant”) shall, before making an application to the Director under subsection (8), apply to the owner of the facility for the right.5An application under subsection (4) shall be made by giving notice to the owner specifying what is being sought.6Such a notice shall, in particular, specify—athe period during which the gas or liquid gas is to be stored in the facility;bthe kind of gas or liquid gas to be stored (which must be of, or similar to, the kind which the facility is designed to store); andcthe quantities of gas or liquid gas to be stored.7Where an applicant gives notice under subsection (5), he and the owner of the facility shall negotiate in good faith and endeavour to reach agreement on the application.8If the owner and the applicant do not reach any such agreement, the applicant may apply to the Director for directions under subsection (11) which would secure to the applicant the right specified in the notice under subsection (5).9The Director shall not entertain an application under subsection (8) unless he is satisfied that the parties have had a reasonable time in which to fulfil their duties under subsection (7).10Where a person applies to the Director under subsection (8) and the Director is satisfied as mentioned in subsection (9), the Director shall—adecide whether the application is to be adjourned (so as to enable further negotiations to take place), considered further or rejected;bgive notice of his decision to the applicant; andcin the case of a decision that the application is to be considered further, give to the owner of the facility, the Health and Safety Executive and any person who has a right to have gas or liquid gas stored in the facility notice that the application is to be so considered and an opportunity of being heard on the matter.11Where, after considering an application under subsection (8), the Director is satisfied that the giving of directions under this subsection would not prejudice the efficient operation of the facility, or the storage in the facility of—athe quantities of gas or liquid gas which the owner of the facility requires or may reasonably be expected to require to be stored in the facility; andbthe quantities of gas or liquid gas which any person who has a right to have gas or liquid gas stored in the facility is entitled to require to be so stored in the exercise of that right;the Director may give such directions to the owner of the facility.12Directions under subsection (11) may—aspecify the terms on which the Director considers the owner of the facility should enter into an agreement with the applicant for all or any of the following purposes—ifor securing to the applicant the right to have stored in the facility, for the period specified in the directions and in the quantities so specified or determined by or under the directions, gas or liquid gas which is of a kind so specified;iifor securing that the exercise of that right is not prevented or impeded;iiifor regulating the charges which may be made for the storage of gas or liquid gas by virtue of that right;ivfor securing to the applicant such ancillary or incidental rights as the Director considers necessary or expedient (which may include, in particular, a right to have a pipeline of his connected to the facility by the owner);bspecify the sums or the method of determining the sums which the Director considers should be paid by way of consideration for any such right; andcrequire the owner, if the applicant pays or agrees to pay those sums within a period specified in that behalf in the directions, to enter into an agreement with him on the terms so specified.<Addition ChangeId="M_F_5d674fc7-e58f-41ea-c28a-bd782bfe4bad-1525968825137" CommentaryRef="c14415241">Application of section 19D to LNG facilities.</Addition>19C1Section 19D applies to an LNG import or export facility, except as provided in subsections (1A) and (1B).1ASection 19D does not apply to an LNG import or export facility if, or to the extent that, it is exempt under this section.1BSection 19D does not apply to an LNG import or export facility if it is exempt under section 19DZA.2A person who is or expects to be an owner of an LNG import or export facility may apply in writing to the Director for an exemption under this section with respect to the facility.2AAn application under subsection (2) must relate to—aa facility (or proposed facility) which is not yet operational; orba modification (or proposed modification) which falls within subsection (2B) and is not yet operational.2BA modification (or proposed modification) falls within this subsection if it is—aa modification of an LNG import or export facility to provide for a significant increase in the capacity of the facility; orba modification of an LNG import or export facility to enable the development of new sources of gas supply.2C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3An exemption under this section must be given in writing and on the following terms—aa term specifying the period of the exemption, or specifying how that period is to be determined;ba term as to whether the exemption applies to all of the capacity of the facility or part of that capacity only;ca term that the owner must comply with the capacity allocation mechanism approved in accordance with section 19DB; anddsuch other terms regarding non-discriminatory access to the facility or any other matter as the Authority considers appropriate.3AWhen determining a term under subsection (3) the Authority must take into account—athe capacity of the facility or (as the case may be) the increase in capacity of the facility;bthe length of time required to recover the investment in the facility or (as the case may be) the investment in the modification; andcthe implications of the exemption for the operation of the gas market in Great Britain.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5The Authority shall give an exemption with respect to a facility where it is satisfied that the requirements of subsection (7) are met.5AAn exemption given in accordance with subsection (5) may apply to all of the capacity of the facility concerned or to part of that capacity only, regardless of the extent of the exemption applied for; but this is subject to subsection (6).6In respect of a facility which is or is to be modified to provide for a significant increase in its capacity, an exemption by virtue of subsection (5) may only be given in relation to that increase in its capacity or part of that increase in its capacity.6AWhen deciding whether the requirements of subsection (7)(a), (d) and (e) are met, the Authority must take into account the way in which capacity is to be allocated under the capacity allocation mechanism approved in accordance with section 19DB.7The requirements of this subsection are that—athe facility or (as the case may be) the modification will promote security of supply;bthe level of risk is such that the investment to construct the facility or (as the case may be) to modify the facility ... would not be or would not have been made without the exemption;cthe facility is or is to be owned by a person other than the gas transporter who operates or will operate the pipeline system connected or to be connected to the facility;dcharges will be levied on users of the facility or (as the case may be) the increase in its capacity; and ethe exemption will not be detrimental to competition, the operation of an economically efficient gas market or the efficient functioning of the pipeline system connected or to be connected to the facility.f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8Subject to subsections (8A) and (9), an exemption may not be given by virtue of subsection (5) more than once in respect of the same facility.8ASubsection (8) does not prevent a further exemption being given by virtue of subsection (5) in respect of a facility if the previous exemption given by virtue of that subsection in respect of the facility has been revoked under section 19CA(3).9Subsection (8) does not prevent a further exemption being given by virtue of subsection (5) in respect of a facility if—the facility is or is to be modified to provide for significant increase in its capacity or to enable the development of new sources of gas supply;the exemption has effect only in relation to modification; andno previous exemption has been given by virtue of subsection (5) in relation to modification.10The Authority shall publish its decision to give or refuse to give an exemption under this section, together with the reasons for its decision, in such manner as it considers appropriate.11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<CommentaryRef Ref="key-3024f28cd75aae6789d1902582ce5d42"/><Addition ChangeId="key-6e98436cdec5d279fbddd2ab18cd24ee-1508410042549" CommentaryRef="key-6e98436cdec5d279fbddd2ab18cd24ee">... Revocation of exemptions under section 19C</Addition>19CA1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3The Authority must revoke an exemption given under section 19C in respect of a facility—aif the construction of the facility, or (as the case may be) the making of the modification to which the exemption relates, has not been started within the 2 years beginning with the relevant date; orbif the facility, or (as the case may be) the modification to which the exemption relates, is not operational within the 5 years beginning with the relevant date.4In subsection (4) “relevant date” means—aif before IP completion day the European Commission notified the Authority that it approved the exemption and terms as copied to it under subsection (1) (as it then had effect), the date of that notification;bif, before IP completion day and in accordance with Article 36(9) of the Gas Directive, the European Commission required the Authority to modify the terms, the date of that requirement;cif—ibefore IP completion day the Authority sent the European Commission a copy of the exemption and terms under subsection (1) (as it then had effect), andiithe European Commission does not act as described in paragraph (a) or (b) before IP completion day,the date 4 months after the Authority sent the European Commission a copy of the exemption and terms under subsection (1) or IP completion day, whichever is the sooner;dif the decision to give the exemption was published under section 19C(10) on or after IP completion day, the date on which the decision was published under section 19C(10).5The Authority may at any other time revoke an exemption given under section 19C, or modify the terms on which such an exemption is given, in respect of a facility—ain accordance with the provisions of the exemption; orbby giving the owner of the facility a notice of revocation at least 4 months before the revocation takes effect.<Addition ChangeId="d29p4351" CommentaryRef="c14415251">Acquisition of rights to use LNG facilities.</Addition>19D1 Subject to subsection (2A), the owner of an LNG import or export facility to which this section applies (a “relevant facility”)—ashall publish prior to their entry into force the main commercial conditions relating to the grant to another person of a right to have gas or liquid gas treated in the facility on that person’s behalf; andbshall publish any changes to the published conditions as soon as they become effective.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2AThe cost or the method of determining the cost of acquiring the right to have gas or liquid gas treated in a relevant facility and any changes thereto must be approved by the Authority prior to their publication; and such approval may be given on condition that certain modifications are made to the cost or methodology.2BBefore the owner of a relevant facility seeks approval under subsection (2A) he must carry out such consultation as the Authority may require.3The owner of a relevant facility shall ensure that the conditions which he is required to publish under subsection (1) do not discriminate against any applicants or descriptions of applicants, or any potential applicants or descriptions of potential applicants, for a right to have gas or liquid gas treated in the facility.4Any person who seeks a right to have gas or liquid gas treated on his behalf in a relevant facility (“the applicant”) shall, before making an application to the Director under subsection (8), apply to the owner of the facility for the right.5An application under subsection (4) shall be made by giving notice to the owner specifying what is being sought.6Such a notice shall, in particular, specify—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bthe kind of gas or liquid gas to be treated (which must be of, or similar to, the kind which the facility is designed to treat); andcthe quantities of gas or liquid gas to be treated.7The owner shall notify the applicant of his decision giving reasons for any refusal.8If the owner refuses the application , the applicant may apply to the Director for directions under subsection (11) which would secure to the applicant the right specified in the notice under subsection (5).9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Where a person applies to the Authority under subsection (8), the Authority shall— adecide whether to give directions under subsection (11), to consider the application further or to reject the applicationbgive notice of his decision to the applicant; andcin the case of a decision that the application is to be considered further—igive to the owner of the facility, the Health and Safety Executive and any person who has a right to have gas or liquid gas treated in the facility notice that the application is to be so considered and an opportunity of being heard about the matter; andiiafter so considering the matter, decide whether to give directions under subsection (11) or to reject the application and give notice of its decision to the applicant.11Where, after considering an application under subsection (8), the Director is satisfied that the giving of directions under this subsection would not prejudice the efficient operation of the facility, or the treatment in the facility of—athe quantities of gas or liquid gas which the owner of the facility requires or may reasonably be expected to require to be treated in the facility; andbthe quantities of gas or liquid gas which any person who has a right to have gas or liquid gas treated in the facility is entitled to require to be so treated in the exercise of that right;the Director may give such directions to the owner of the facility ; but this is subject to subsections (11A) and (11B) .11AWhen considering whether the giving of directions under subsection (11) in respect of an LNG import or export facility would be prejudicial as mentioned in that subsection, the Authority must disregard any difficulties by virtue of which the owner of the facility may or must apply for an exemption under section 19DZA with respect to the facility.11BThe Authority must not give directions under subsection (11) in respect of an LNG import or export facility if—asuch directions would prevent the owner from carrying out any public service obligation which applies to the owner; orban exemption is in force with respect to the facility under section 19DZA (regardless of whether that exemption was given before or after the application to the Authority under subsection (8) was made).12Directions under subsection (11) may—aspecify the terms on which the Director considers the owner of the facility should enter into an agreement with the applicant for all or any of the following purposes—ifor securing to the applicant the right to have treated in the facility, ... and in the quantities so specified or determined by or under the directions, gas or liquid gas which is of a kind so specified;iifor securing that the exercise of that right is not prevented or impeded;iiifor regulating the charges which may be made for the treatment of gas or liquid gas by virtue of that right;ivfor securing to the applicant such ancillary or incidental rights as the Director considers necessary or expedient ...;bspecify the sums or the method of determining the sums which the Director considers should be paid by way of consideration for any such right; andcrequire the owner, if the applicant pays or agrees to pay those sums within a period specified in that behalf in the directions, to enter into an agreement with him on the terms so specified.13An obligation is a public service obligation for the purposes of this section if—ait is imposed by or under a provision of an Act, andbthe provision is identified in a notice issued by the Secretary of State as a provision imposing, or enabling the imposition of, a public service obligation within the meaning of Article 3(2) of the Gas Directive (as it had effect immediately before IP completion day).14For the purposes of subsection (13), the reference to Article 3(2) is to be read as if the reference in that provision to natural gas undertakings of the Community were a reference to natural gas undertakings of the United Kingdom.<Addition ChangeId="key-659d069930bff47f059b39d73dd97e1f-1508410204468" CommentaryRef="key-659d069930bff47f059b39d73dd97e1f">Duty to allow others to use </Addition><Addition ChangeId="key-659d069930bff47f059b39d73dd97e1f-1508410204468" CommentaryRef="key-659d069930bff47f059b39d73dd97e1f">LNG</Addition><Addition ChangeId="key-659d069930bff47f059b39d73dd97e1f-1508410204468" CommentaryRef="key-659d069930bff47f059b39d73dd97e1f"> import or export facilities: exemptions in relation to take-or-pay commitments</Addition>19DZA1The owner of an LNG import or export facility may apply to the Authority for an exemption under this section with respect to the facility if the owner—areceives an application under section 19D(4) with respect to the facility; andbconsiders that allowing the application would cause the owner serious financial difficulties because of take-or-pay commitments of the owner under one or more gas-purchase contracts.2The owner of an LNG import or export facility must apply to the Authority for an exemption under this section with respect to the facility if—athe owner refuses an application under section 19D(4) with respect to the facility; andbthe reason, or one of the reasons, given under section 19D(7) for the refusal is the consideration mentioned in subsection (1)(b).3An application made by virtue of subsection (2) must be made before the end of the 7 days beginning with the day of the refusal.4An application for an exemption under this section must enclose all relevant information, including in particular information in respect of—athe nature and extent of the difficulties mentioned in subsection (1)(b) which the owner considers would arise (the “difficulties”);bany steps taken by the owner to prevent the difficulties from arising; andcthe period over which the owner considers the difficulties would arise.5The Authority may give an exemption under this section if it considers that—ahaving regard to any steps taken by the owner to prevent the difficulties from arising, the only reasonably available means of prevention is an exemption under this section; andban exemption ought to be given, having regard to—ithe objective of achieving a competitive gas market;iithe need for the owner to comply with any relevant public service obligation which applies to the owner; iiithe need to ensure security of the supply of gas;ivthe position of the owner of the facility in the gas market and the level of competition in the market;vthe level of seriousness of the difficulties;vithe time when the gas-purchase contract was entered into, and the extent to which the owner could reasonably have foreseen at that time that the difficulties were likely to arise;viithe terms of the gas-purchase contract, including the extent to which the contract allows for market changes;viiithe significance of the facility to the gas market; andixthe overall effect of the exemption on the operation of an economically efficient gas market.5AIn subsection (5)(b)(ii) “public service obligation” has the same meaning as in section 19D.6An exemption under this section must be given for a limited period and in writing and must specify—athe period of the exemption; andbany conditions the Authority considers necessary in order to ensure that the owner takes all reasonably practicable steps to ensure that, by the time the exemption expires, the difficulties would no longer arise.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8An exemption under this section may be modified or revoked by the Authority—ain accordance with its provisions;bat any other time, if the Authority considers that an exemption under this section is no longer required.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10In this section “take-or-pay commitment” and “gas-purchase contract” have the same meanings as in Article 48(1) of the Gas Directive.Provision of information19DA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="key-87c7bde8749775f4db4a1538f036b7a4-1508410110543" CommentaryRef="key-87c7bde8749775f4db4a1538f036b7a4">Allocation of capacity in exempt new and modified facilities</Addition>19DB1This section applies in relation to an application for an exemption—aunder section 19A(2), in respect of all or part of the capacity of a storage facility; orbunder section 19C(2), in respect of all or part of the capacity of an LNG import or export facility.2The application must specify the criteria that will be used to determine—awho is to be granted rights to use the facility, or the part of the capacity of the facility, to which the application relates (the “exempt infrastructure”); andbthe way in which those rights may be exercised,(the “capacity allocation mechanism”).3The Authority must not give an exemption under section 19A or 19C in response to the application unless it has—aapproved the capacity allocation mechanism specified in the application; orbapproved the mechanism on condition that certain modifications are made to it.4The Authority may only approve the capacity allocation mechanism under subsection (3)(a) if it considers that the mechanism meets the following three conditions.5The first condition is that before a right to use the exempt infrastructure is granted to the owner of the facility or to any other person—athe intention to grant a right to use the exempt infrastructure must be published in a way that the Authority considers appropriate for the purpose of bringing it to the attention of persons likely to be interested in using the infrastructure; andbsuch persons must be able to register an interest in using the exempt infrastructure.6The second condition is that the mechanism must require that any unused capacity in the exempt infrastructure be made available to other users or potential users.7The third condition is that the mechanism must not prevent, and must not be capable of being used to prevent, subsequent trading of rights to use the exempt infrastructure.8The Authority may only approve the capacity allocation mechanism under subsection (3)(b) if it considers that the mechanism will meet those three conditions once the modifications on which the approval is conditional have been made.<Addition ChangeId="d29p4537" CommentaryRef="c14415261"> Sections 19A to 19D: supplemental.</Addition>19E1In sections 19A to 19D and this section—“accounting information” means such accounting records as would be required by section 386 of the Companies Act 2006 in respect of each of the storage or (as the case may be) treatment activities undertaken by the owner of the facility if those activities were the only business undertaken by the owner and the owner were a person to whom that section applied;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“significant transaction” means—any transaction which relates to rights to have gas or liquid gas stored in a storage facility, or (as the case may be) treated in an LNG import or export facility; andany other transaction which is of a description specified from time to time by the Director by notice; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2For the purpose of considering an application under section 19B(8) or 19D(8), the Director may by notice require the owner of the relevant facility to provide him with accounting information and details of the main commercial terms of any significant transactions with associated undertakings.3Owners of relevant facilities shall keep their internal accounts in such manner as will enable them to provide accounting information if required to do so by a notice under subsection (2).4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Any reference in section 19B to a right to have gas or gas of any kind, or liquid gas or liquid gas of any kind, stored in a storage facility includes a reference to a right to introduce into, or take out of, such a facility gas or gas of that kind, or liquid gas or liquid gas of that kind,.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Increase of capacity etc. of pipelines.211If in the case of a pipe-line system operated by a gas transporter it appears to the Director, on the application of a person other than the transporter, that the system can and should be modified—aby installing in it a junction through which another pipe-line may be connected to the system; orbby modifying apparatus and works associated with a high pressure pipe-line so as to increase the capacity of the pipe-line,then, subject to subsection (3) below, the Director may, after giving to the transporter an opportunity of being heard about the matter and giving to the Health and Safety Executive notice of his proposed directions, give directions to the transporter in accordance with subsection (2) below in consequence of the application.2Directions under subsection (1) above may—aspecify the modifications which the Director considers should be made in consequence of the application;bspecify the sums or the method of determining the sums which the Director considers should be paid to the gas transporter by the applicant by way of consideration for the modifications;cspecify the arrangements which the Director considers should be made by the applicant, within a period specified in that behalf in the directions, for the purpose of securing that those sums will be paid to the transporter if he carries out the modifications;drequire the transporter, if the applicant makes those arrangements within the period aforesaid, to carry out the modifications within a period specified in that behalf in the directions.3Where the Director proposes to give directions under subsection (1) above, it shall be his duty before doing so to give to the applicant—aparticulars of the modifications which he proposes to specify in the directions; andban opportunity of making an application under subsection (1) of section 19 above in respect of the pipe-line system;and that section shall have effect in relation to such an application made by virtue of this subsection as if for references to a pipe-line system there were substituted references to the pipe-line system as it would be with those modifications and the reference in subsection (2) to the Director deciding whether the application is to be adjourned were omitted.3AIn giving any directions under this section, the Director shall apply the principle that, in so far as the following, namely—athe cost of carrying out the modifications; andba reasonable element of profit,will not be recoverable by the gas transporter from elsewhere, the transporter should be entitled to receive them by way of consideration for carrying out the modifications.4References in this section to modifications include, in the case of modifications to any apparatus and works, references to changes in, substitutions for and additions to the apparatus and works; and the reference in subsection (1) above to apparatus and works associated with a pipe-line shall be construed in accordance with section 65(2) of the Pipe-lines Act 1962.5In this section—“high pressure pipe-line” means any pipe-line which has a design operating pressure exceeding 7 bar gauge;“pipe-line” has the same meaning as in the Pipe-lines Act 1962. Effect of directions.221The obligation to comply with any directions under section section 19... or 21(1) above (in this section referred to as “relevant directions”) is a duty owed to any person who may be affected by a contravention of them.2Where a duty is owed by virtue of subsection (1) above to any person any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person.3In any proceedings brought against any person in pursuance of subsection (2) above, it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the relevant directions ....4Without prejudice to any right which any person may have by virtue of subsection (2) above to bring civil proceedings in respect of any contravention or apprehended contravention of any relevant directions, compliance with any such directions shall be enforceable by civil proceedings by the Director for an injunction or interdict or for any other appropriate relief.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p4877" CommentaryRef="c14415651"> Construction of pipe-lines.</Addition>22A1A gas transporter shall not at any time execute within 23 metres from a pipe-line of another gas transporter (the “other transporter”) any works for the construction of a pipe-line unless—ahe has given the other transporter a notice stating that he intends to construct the pipe-line;bhe has consulted with that transporter as to exactly where . . . the proposed pipe-line is to be located, having regard to the location of other pipe-lines . . .; . . .che has consulted with that transporter as to the manner in which—ithe safety of the pipe-line is to be secured; andiiany escapes of gas (actual or suspected) from the pipe-line are to be dealt with ; and.d(subject to subsection (1C)) where the existing pipe-line is a relevant main of the other transporter, that transporter has consented in writing to the construction of the proposed pipe-line, either unconditionally or subject to conditions.1ASubsection (1) does not apply if the proposed pipe-line is required to enable a gas transporter to comply with any duty imposed by section 10(2).1BConditions imposed under subsection (1)(d) may relate to matters arising after the construction of the proposed pipe-line, including the use to be made of the pipe-line.1CIf the other transporter—arefuses or fails to give consent under subsection (1)(d); orbgives such consent subject to conditions,consent may instead be given in writing by the Authority where it considers it appropriate to do so.1DConsent under subsection (1C) may only be given unconditionally or, in a case falling within subsection (1C)(b), subject to the same conditions as were imposed by the other transporter.1EA condition imposed on a gas transporter under this section shall be enforceable by civil proceedings by the other transporter for an injunction or for interdict or for any other appropriate relief.2A notice under subsection (1)(a) above shall—aspecify the points between which the proposed pipe-line is to run and be accompanied by a map (drawn to an appropriate scale) on which is delineated the route which it is proposed to take;bspecify the length, diameter and operating pressure of the proposed pipe-line and the kind of gas which it is designed to convey; andccontain such other particulars (if any) as may be prescribed.3In this section—“construction”, in relation to a pipe-line, includes placing;“pipe-line” has the same meaning as in the Pipe-lines Act 1962.“relevant main” has the meaning given by section 10(12).4For the purposes of this section the execution of works in land for the purpose of determining whether or not it is suitable for the placing in it of a pipe-line and the carrying out of surveying operations for the purpose of settling the route of a proposed pipe-line shall be deemed not to constitute the execution of works for the construction of a pipe-line.<Addition ChangeId="d29p5050" CommentaryRef="c14415741"> Modification of licences</Addition><Substitution ChangeId="key-724656dac2f2bec32e8e7742610e0de2-1508323197298" CommentaryRef="key-724656dac2f2bec32e8e7742610e0de2"> Modification of conditions of licences</Substitution>231The Authority may make modifications of—athe conditions of a particular licence;bthe standard conditions of licences of any type under section 7, 7ZA, 7A(1) or (2) or 7AC.2Before making any modifications under this section, the Authority must give notice—astating that it proposes to make modifications;bsetting out the proposed modifications and their effect;cstating the reasons why it proposes to make the modifications; anddspecifying the time within which representations with respect to the proposed modifications may be made.3The time specified by virtue of subsection (2)(d) may not be less than 28 days from the date of the publication of the notice.4A notice under subsection (2) must be given—aby publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications, andbby sending a copy of the notice to—ieach relevant licence holder,iithe Secretary of State,iiithe Health and Safety Executive, ...ivCitizens Advice, andv Consumer Scotland.4AThe Authority must consider any representations which are duly made.5If, within the time specified by virtue of subsection (2)(d) , the Secretary of State directs the Director not to make any modification, the Director shall comply with the direction.6Subsections (7) to (9) apply where, having complied with subsections (2) to (4A), the Authority decides to proceed with the making of modifications of the conditions of any licence under this section.7The Authority must—apublish the decision and the modifications in such manner as it considers appropriate for the purpose of bringing them to the attention of persons likely to be affected by the making of the modifications,bstate the effect of the modifications,cstate how it has taken account of any representations duly made, anddstate the reason for any differences between the modifications and those set out in the notice by virtue of subsection (2)(b).8Each modification has effect from the date specified by the Authority in relation to that modification (subject to the giving of a direction under paragraph 2 of Schedule 4A).9The date specified by virtue of subsection (8) may not be less than 56 days from the publication of the decision to proceed with the making of modifications under this section.10In this section “relevant licence holder”—ain relation to the modification of standard conditions of licences of any type, means the holder of a licence of that type—iwhich is to be modified by the inclusion of any new standard condition, oriiwhich includes any standard conditions to which the modifications relate which are in effect at the time specified by virtue of subsection (2)(d); orbin relation to the modification of a condition of a particular licence (other than a standard condition), means the holder of that particular licence.<Addition ChangeId="key-bfa30ca029837a7b2793688df4182c07-1508412785520" CommentaryRef="key-bfa30ca029837a7b2793688df4182c07">Modification of conditions under section 23: supplementary</Addition>23A1Subsections (2) and (3) apply where at any time the Authority modifies the conditions of licences of any type under section 23.2If the conditions modified are standard conditions, the Authority must—aalso make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time, andbpublish the modifications in such manner as it considers appropriate for the purpose of bringing them to the attention of persons likely to be affected by the making of the modifications.3The Authority may make such incidental or consequential modifications of any conditions of licences of any type as it considers necessary or expedient.4The modification of part of a standard condition of a particular licence under section 23 does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.5The modification of a condition of a licence under this section has effect subject to the giving of a direction under paragraph 2 of Schedule 4A in relation to the decision to which the modification relates.<Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff">Appeal from decisions of </Addition><Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff">the Authority</Addition><Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff">Appeal to the </Addition><Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff"><Substitution ChangeId="key-872803c64df9944ee05da2fd65f4e46d-1508683754478" CommentaryRef="key-872803c64df9944ee05da2fd65f4e46d">CMA</Substitution></Addition> 23B1An appeal lies to the CMA against a decision by the Authority to proceed with the modification of a condition of a licence under section 23.2An appeal may be brought under this section only by—aa relevant licence holder (within the meaning of section 23);bany other person who holds a licence of any type under section 7, 7ZA, , 7A(1) or (2) , 7AA, 7AB or 7AC whose interests are materially affected by the decision;ca qualifying body or association in the capacity of representing a person falling within paragraph (a) or (b);d Citizens Advice or Consumer Scotland or those bodies acting jointly in the capacity of representing consumers whose interests are materially affected by the decision.3The permission of the CMA is required for the bringing of an appeal under this section.4The CMA may refuse permission to bring an appeal only on one of the following grounds—ain relation to an appeal brought by a person falling within subsection (2)(b), that the interests of the person are not materially affected by the decision;bin relation to an appeal brought by a qualifying body or association, that the interests of the person represented are not materially affected by the decision;cin relation to an appeal brought by Citizens Advice or Consumer Scotland or those bodies acting jointly, that the interests of the consumers represented are not materially affected by the decision;din relation to any appeal—ithat the appeal is brought for reasons that are trivial or vexatious;iithat the appeal has no reasonable prospect of success.5References in this section to a qualifying body or association are to a body or association whose functions are or include representing persons in respect of interests of theirs which are materially affected by the decision in question.<Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff">Procedure on appeal to </Addition><Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff"><Substitution ChangeId="key-f80809370fa0c1c01ed324b4d0bd29d1-1508773334349" CommentaryRef="key-f80809370fa0c1c01ed324b4d0bd29d1">CMA</Substitution></Addition> 23C1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2... Schedule 4A to this Act has effect.2AExcept where specified otherwise in Schedule 4A, the functions of the CMA with respect to an appeal under section 23B are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.<Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff">Determination by </Addition><Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff"><Substitution ChangeId="key-3609e58b8d3f84660b9dc3717f0da250-1509111990096" CommentaryRef="key-3609e58b8d3f84660b9dc3717f0da250">CMA</Substitution></Addition><Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff"> of appeal</Addition>23D1This section applies to every appeal brought under section 23B.2In determining an appeal the CMA must have regard, to the same extent as is required of the Authority, to the matters to which the Authority must have regard—ain the carrying out of its principal objective under section 4AA;bin the performance of its duties under that section; andcin the performance of its duties under sections 4AB and 4A.3In determining the appeal the CMA —amay have regard to any matter to which the Authority was not able to have regard in relation to the decision which is the subject of the appeal; butbmust not, in the exercise of that power, have regard to any matter to which the Authority would not have been entitled to have regard in reaching its decision had it had the opportunity of doing so.4The CMA may allow the appeal only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—athat the Authority failed properly to have regard to any matter mentioned in subsection (2);bthat the Authority failed to give the appropriate weight to any matter mentioned in subsection (2);cthat the decision was based, wholly or partly, on an error of fact;dthat the modifications fail to achieve, in whole or in part, the effect stated by the Authority by virtue of section 23(7)(b);ethat the decision was wrong in law.5To the extent that the CMA does not allow the appeal, it must confirm the decision appealed against. <Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff"><Substitution ChangeId="key-a01be5914e2fb4f2034b55bb8b6aee5a-1508603534530" CommentaryRef="key-a01be5914e2fb4f2034b55bb8b6aee5a">CMA's</Substitution></Addition><Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff"> powers on allowing appeal</Addition>23E1This section applies where the CMA allows an appeal to any extent.2If the appeal is in relation to a price control decision, the CMA must do one or more of the following—aquash the decision (to the extent that the appeal is allowed);bremit the matter back to the Authority for reconsideration and determination in accordance with any directions given by the CMA ;csubstitute the CMA's decision for that of the Authority (to the extent that the appeal is allowed) and give any directions to the Authority or any other party to the appeal.3If the appeal is in relation to any other decision, the CMA must do one or both of the following—aquash the decision (to the extent that the appeal is allowed);bremit the matter back to the Authority for reconsideration and determination in accordance with any directions given by the CMA .4A direction under subsection (2) or (3) must not require a person to do anything that the person would not have power to do (apart from the direction).5A person to whom a direction is given under that subsection must comply with it.6A direction given under that subsection to a person other than the Authority is enforceable as if it were an order of the High Court or (in Scotland) an order of the Court of Session.7For the purposes of this section a decision is a price control decision, in relation to the modification of a condition of a licence, if the purpose of the condition is, in the CMA's opinion, to limit or control the charges on, or the revenue of, the holder of the licence.8In determining for the purposes of subsection (7) what the purpose of a condition is the condition may be assessed on its own or in combination with any other conditions of the licence.9In this section and sections 23F and 23G any reference to a party to an appeal is to be read in accordance with Schedule 4A.<Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff">Time limits for </Addition><Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff"><Substitution ChangeId="key-9efe5c81cedf6b4057da6b5f8e46b192-1508855744478" CommentaryRef="key-9efe5c81cedf6b4057da6b5f8e46b192">CMA</Substitution></Addition><Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff"> to determine an appeal</Addition>23F1The CMA must—adetermine an appeal against a price control decision within the period of 6 months beginning with the permission date;bdetermine an appeal against any other decision within the period of 4 months beginning with the permission date.2Subsection (1)(a) or (b) does not apply if subsection (3) applies.3This subsection applies where—a the CMA has received representations on the timing of the determination from a party to the appeal; andbit is satisfied that there are special reasons why the determination cannot be made within the period specified in subsection (1)(a) or (b).4Where subsection (3) applies, the CMA must—adetermine an appeal against a price control decision within the period specified by it, not being longer than the period of 7 months beginning with the permission date;bdetermine an appeal against any other decision within the period specified by it, not being longer than the period of 5 months beginning with the permission date.5Where subsection (3) applies, the CMA must also—ainform the parties to the appeal of the time limit for determining the appeal, andbpublish that time limit in such manner as it considers appropriate for the purpose of bringing it to the attention of any other persons likely to be affected by the determination.6In this section “price control decision” is to be read in accordance with section 23E.7References in this section to the permission date are to the date on which the CMA gave permission to bring the appeal in accordance with section 23B(3).<Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff">Determination of appeal by </Addition><Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff"><Substitution ChangeId="key-a24ccfcdec1f7596b8cc404b568bb55e-1508690814816" CommentaryRef="key-a24ccfcdec1f7596b8cc404b568bb55e">CMA</Substitution></Addition><Addition ChangeId="key-dbbf7d547ce0fb6695291b7a63b32cff-1508411724444" CommentaryRef="key-dbbf7d547ce0fb6695291b7a63b32cff"> : supplementary</Addition>23G1A determination by the CMA on an appeal—amust be contained in an order made by the CMA ;bmust set out the reasons for the determination;ctakes effect at the time specified in the order or determined in accordance with provision made in the order;dmust be notified by the CMA to the parties to the appeal;emust be published by the CMA —ias soon as reasonably practicable after the determination is made;iiin such manner as the CMA considers appropriate for the purpose of bringing the determination to the attention of any person likely to be affected by it (other than a party to the appeal).2The CMA may exclude from publication under subsection (1)(e) any information which it is satisfied is—acommercial information, the disclosure of which would, or might in the CMA's opinion, significantly harm the legitimate business interests of an undertaking to which it relates; orbinformation relating to the private affairs of an individual, the disclosure of which would, or might in the CMA's opinion, significantly harm the individual’s interests.3The Authority must take such steps as it considers requisite for it to comply with an order of the CMA made by virtue of subsection (1)(a).4The steps must be taken—aif a time is specified in (or is to be determined in accordance with) the order, within that time;bin any other case, within a reasonable time.5Subsections (2) to (4) of section 23A apply where a condition of a licence is modified in accordance with section 23E as they apply where a condition of a licence is modified under section 23. Modification references to Monopolies Commission.24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References under section 24: time limits24A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References under section 24: powers of investigation24B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports on modification references.25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Modification following report.26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Competition Commission’s power to veto modifications following report.26A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p6350" CommentaryRef="c14418581"> Modification by order under other enactments.</Addition>271Where the CMA or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of—athe conditions of a particular licence; orbthe standard conditions of licences under section 7 above, licences under section 7ZA above, licences under subsection (1) of section 7A above or licences under subsection (2) of that section or licences under section 7AC above,to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.1ZAIn subsection (1) above “relevant order” means—aan order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—ione or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a licence; oriione or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a licence; orban order under section 160 or 161 of that Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to—iactivities authorised or regulated by a licence; oriithe storage of gas on terms which have been determined by the holder of a licence under section 7 above, or could have been determined by the holder if he had thought fit or had been required to determine them by or under a condition of the licence.1AThe modification under subsection (1)(a) of part of a standard condition of a particular licence in consequence of a reference under section 24(1) shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.2Where at any time the relevant authority modifies under subsection (1)(b) above the standard conditions of licences under section 7 above, licences under section 7ZA above, licences under subsection (1) of section 7A above or licences under subsection (2) of that section, the relevant authority —ashall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences under that section or, as the case may be, that subsection granted after that time; andbmay, after consultation with the Director, make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any conditions of licences under that provision granted before that time.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Where at any time the relevant authority modifies standard conditions under subsection (2)(a) above for the purposes of their incorporation in licences granted after that time, the relevant authority shall publish those modifications in such manner as the relevant authority considers appropriate.6Expressions used in subsection (1ZA) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.<Addition ChangeId="d29p6498" CommentaryRef="c14419001"> Determination of disputes</Addition><Addition ChangeId="d29p6503" CommentaryRef="c14419061"> Determination of certain disputes.</Addition>27A1Subject to subsection (2) below, any dispute arising under section 9(1)(b) or (2), 10 or 11 above, regulations under section 10 above, or any provision of paragraphs 2, 3, 15 or 16 of Schedule 2B to this Act, between a gas transporter or gas supplier and a person who is, or wishes to become, a customer of a person authorised by a licence or exemption to supply gas—amay be referred to the Authority— iby either party, oriiwith the consent of either party, by Citizens Advice, Citizens Advice Scotland or Consumer Scotland or those bodies or any two of them acting jointly;andbon such a reference, shall be determined by order made either by the Director, or if he thinks fit by an arbitrator (or in Scotland arbiter) appointed by him.2No dispute which—aarises under section 9(1)(b) above and relates to the connection of any premises to a pipe-line system operated by a gas transporter; orbarises under section 10 above, or regulations under that section, and relates to the connection of any premises to a main of such a transporter,may be referred to the Director after the end of the period of 12 months beginning with the time when the connection is made.3Any person making an order under subsection (1) above shall include in the order his reasons for reaching his decision with respect to the dispute.4The practice and procedure to be followed in connection with any such determination shall be such as the Director may consider appropriate.5Where any dispute between a gas transporter and a person requiring a connection to a main of the transporter falls to be determined under this section, the Director may give directions as to the circumstances in which, and the terms on which, the transporter is to connect or (as the case may be) to maintain the connection pending the determination of the dispute.6Where any dispute between a gas supplier and a person requiring a supply of gas falls to be determined under this section, the Director may give directions as to the circumstances in which, and the terms on which, the supplier is to give or (as the case may be) to continue to give the supply pending the determination of the dispute.7Where any dispute arising under section 11(1) above falls to be determined under this section, the Director may give directions as to the security (if any) to be given pending the determination of the dispute.8Any direction under subsection (5), (6) or (7) above may be expressed to apply either in relation to a particular case or in relation to a class of case.9An order under this section—amay include such incidental, supplemental and consequential provision (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order) as that person considers appropriate; andbshall be final and—iin England and Wales, enforceable, in so far as it includes such provision as to costs or expenses, as if it were a judgment of the county court ; andiiin Scotland, enforceable as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.10In including in an order under this section any such provision as to costs or expenses, the person making the order shall have regard to the conduct and means of the parties and any other relevant circumstances. <Addition ChangeId="key-9aa891626982a9793f33d4d195b69638-1500641337213" CommentaryRef="key-9aa891626982a9793f33d4d195b69638"><Substitution ChangeId="key-6aaa1928647f96ae7cd83575b1ffe983-1634303358795" CommentaryRef="key-6aaa1928647f96ae7cd83575b1ffe983">Section 27B disputes</Substitution></Addition> <Addition ChangeId="key-9aa891626982a9793f33d4d195b69638-1500641337213" CommentaryRef="key-9aa891626982a9793f33d4d195b69638">Meaning of “</Addition><Addition ChangeId="key-9aa891626982a9793f33d4d195b69638-1500641337213" CommentaryRef="key-9aa891626982a9793f33d4d195b69638"><Substitution ChangeId="key-1aed72742a2c77881bf6d7569c86b321-1634303462007" CommentaryRef="key-1aed72742a2c77881bf6d7569c86b321">section 27B</Substitution></Addition><Addition ChangeId="key-9aa891626982a9793f33d4d195b69638-1500641337213" CommentaryRef="key-9aa891626982a9793f33d4d195b69638"> dispute”</Addition>27B1For the purposes of sections 27C and 27D, a dispute is a “section 27B dispute” if—ait arises from a written complaint—imade against a gas transporter,iimade against the holder of a licence under section 7ZA,iiimade against the owner of an LNG import or export facility,ivmade against the owner of a storage facility,vmade against a person carrying out an activity described in section 5(1)(a) or (aa) who has been granted an exemption under section 6A(1), ...vimade by a person falling within paragraph (a) of subsection (1B) against a person falling within paragraph (b) of that subsection; orviimade against the holder of a gas system planner licence;bit is wholly or mainly a dispute regarding an obligation of the person complained against which falls within subsection (2A); andcit is a dispute between the complainant and the person complained against.1AUntil section 75 of the Utilities Act 2000 comes into force the reference in subsection (1)(a)(v) above to a person who has been granted an exemption under section 6A(1) includes a person to whom one or more of the exceptions to section 5(1) contained in Schedule 2A applies.1BFor the purposes of subsection (1)(a)(vi)—aa person falls within this paragraph if the person is certified on the ground mentioned in section 8G(5) in respect of a pipe-line system or gas interconnector;ba person falls within this paragraph if the person is designated under section 8J(3)in respect of the pipe-line system or gas interconnector mentioned in paragraph (a).2The reference in subsection (1)(a) to a complaint does not include a reference to—aa complaint about a modification (or a failure to make a modification) of—ia term or condition of a relevant licence held by the person complained against, oriian obligation or right contained in any code or other document and having effect by virtue of such a term or condition; orba complaint made by a person as a household customer or potential household customer.2AAn obligation of the person complained against falls within this subsection if it is—aan obligation under a relevant condition or relevant requirement in relation to that person imposed before IP completion day for the purpose of implementing the Gas Directive, including such an obligation as modified on or after IP completion day, orban obligation under a relevant condition or relevant requirement in relation to that person imposed on or after IP completion day which, if it had been imposed immediately before IP completion day, would have been an obligation imposed for the purpose of implementing the Gas Directive.3In this section and section 27C—... “household customer” means a customer who purchases gas for consumption by the customer’s own household; ......“relevant licence” means a licence under section 7(2) or 7ZA.<Addition ChangeId="key-9aa891626982a9793f33d4d195b69638-1500641337213" CommentaryRef="key-9aa891626982a9793f33d4d195b69638">Determination of disputes</Addition>27C1 A section 27B dispute (other than one which may be referred to the Authority under or by virtue of any other provision of this Act) may be referred to the Authority under this section by the person who is the complainant in relation to the dispute.2 A section 27B dispute referred to the Authority under this section shall be determined by order made either by the Authority or, if the Authority thinks fit, by an arbitrator (or in Scotland an arbiter) appointed by the Authority.3The practice and procedure to be followed in connection with a section 27B dispute referred to the Authority under this section shall be such as the Authority may consider appropriate.4An order under this section—amay include such incidental, supplemental and consequential provision as the person making the order considers appropriate; andbshall be final.5The provision that may be included in an order under this section by virtue of subsection (4)(a) above includes provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order (“costs provision”).6In including costs provision in an order under this section, the person making the order shall have regard to the conduct and means of the parties and any other relevant circumstances.7Costs provision included in an order under this section shall be enforceable—ain England and Wales, as if it were a judgment of the county court;bin Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.8Sections 28 to 30F and 38 have effect in relation to a person against whom a complaint is made as mentioned in section 27B(1)(a), and on whom a duty or other requirement is imposed by an order under this section—aas if references in those sections to a relevant requirement (other than the reference in section 28(8)) included references to that duty or requirement; andbif the complaint is made against the person as mentioned in sub-paragraph (vi) of section 27B(1)(a), also as if references in those sections to a regulated person included references to that person.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="key-9aa891626982a9793f33d4d195b69638-1500641337213" CommentaryRef="key-9aa891626982a9793f33d4d195b69638">Time limit for determinations</Addition>27D1An order determining a section 27B dispute (whether made under section 27C or made under or by virtue of any other provision of this Act) shall be made within the permitted period.2Subject to subsection (3), the permitted period is the period of two months beginning with the day on which the dispute is referred to the Authority.3Where the person determining the dispute requests further information from anyone for the purposes of determining the dispute, the person may, by giving notice to the parties, extend the permitted period—aby two months, orbwith the agreement of the complainant, by a longer period.4If a person refers a dispute to the Authority, or purports to do so, and the Authority gives to that person a notice—aspecifying information which it requires in order to assess whether the dispute is a section 27B dispute, or whether there is a dispute at all, andbrequesting the person to provide that information,the dispute shall be treated for the purposes of subsection (2) as not referred to the Authority until the information is provided. <Substitution ChangeId="key-2a66f3a82ac57acaab1da6332a5ff99b-1508324123649" CommentaryRef="key-2a66f3a82ac57acaab1da6332a5ff99b">Enforcement of obligations of regulated persons</Substitution> Orders for securing compliance with certain provisions.281Subject to subsections (2), (4A) to (5A) and section 29 below, where the Director is satisfied that a regulated person is contravening, or is likely to contravene, any relevant condition or requirement, the Director shall by a final order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.2Subject to subsections (4A) to (5A) below, where it appears to the Director—athat a regulated person is contravening, or is likely to contravene, any relevant condition or requirement; andbthat it is requisite that a provisional order be made,the Director shall (instead of taking steps towards the making of a final order) by a provisional order make such provision as appears to him requisite for the purpose of securing compliance with that condition or requirement.3In determining for the purposes of subsection (2)(b) above whether it is requisite that a provisional order be made, the Director shall have regard, in particular—ato the extent to which any person is likely to sustain loss or damage in consequence anything which, in contravention of the relevant condition or requirement, is likely to be done, or omitted to be done, before a final order may be made; andbto the fact that the effect of the provisions of this section and section 30 below is to exclude the availability of any remedy (apart from under those provisions or for negligence) in respect of any contravention of a relevant condition or requirement.4Subject to subsections (4A) to (5A) and section 29 below, the Director shall confirm a provisional order, with or without modifications, if—ahe is satisfied that the regulated person is contravening, or is likely to contravene, any relevant condition or requirement; andbthe provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.4ABefore making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.4BThe Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.5The Director shall not make a final order or make or confirm a provisional order if he is satisfied—athat the duties imposed on him by section 4AA, 4AB or 4A preclude the making or, as the case may be, the confirmation of the orderaa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5AThe Authority is not required to make a final order or make or confirm a provisional order if it is satisfied—athat the regulated person has agreed to take and is taking all such steps as it appears to the Authority for the time being to be appropriate for the regulated person to take for the purpose of securing or facilitating compliance with the condition or requirement in question; orbthat the contraventions were or the apprehended contraventions are of a trivial nature.6Where the Director decides that it would be more appropriate to proceed under the Competition Act 1998 or is satisfied as mentioned in subsections (5) or (5A) above, he shall—agive notice that he has so decided or is so satisfied to the regulated person ; andbpublish a copy of the notice in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.7A final or provisional order—ashall require the regulated person (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;bshall take effect at such time, being the earliest practicable time, as is determined by or under the order; andcmay be revoked at any time by the Director.7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8In this section and sections 29 to 30O below—“final order” means an order under this section other than a provisional order;“provisional order” means an order under this section which, if not previously confirmed under subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order; “regulated person” means a person who is one or more of the following—a licence holder;a distribution exemption holder;a supply exemption holder;the owner of a storage facility;the owner of an LNG import or export facility;a gas undertaking which is a relevant producer or supplier; a responsible body for a central system; “relevant condition”, in relation to a regulated person , means any condition of any licence held by that person ;“relevant requirement”, in relation to a regulated person , means any requirement imposed on that person under a provision specified in Schedule 4B as a relevant provision in respect of that person 8AIn paragraph (g) of the definition of “regulated person” in subsection (8), the reference to a responsible body for a central system is a reference to a person for the time being specified in a notice under section 184(1) of the Energy Act 2023 in relation to a designated central system (within the meaning of Part 6 of that Act).9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedural requirements.291Before making a final order or confirming a provisional order, the Director shall give notice—astating that he proposes to make or confirm the order and setting out its effect;bstating the relevant condition or requirement, the acts or omissions which, in his opinion, constitute or would constitute contraventions of it and the other facts which, in his opinion, justify the making or confirmation of the order; andcspecifying the time (not being less than 21 days from the date of publication of the notice) within which representations or objections to the proposed order or confirmation of the order may be made,and shall consider any representations or objections which are duly made and not withdrawn.2A notice under subsection (1) above shall be given—aby publishing the notice in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; andbby sending a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, to the regulated person .3The Director shall not make a final order, or confirm a provisional order, with modifications except with the consent of the regulated person or after complying with the requirements of subsection (4) below.4The said requirements are that the Director shall—agive to the regulated person such notice as appears to him requisite of his proposal to make or confirm the order with modifications;bspecify the time (not being less than 21 days from the date of the service of the notice) within which representations or objections to the proposed modifications may be made; andcconsider any representations or objections which are duly made and not withdrawn.5Before revoking a final order or a provisional order which has been confirmed, the Director shall give notice—astating that he proposes to revoke the order and setting out its effect; andbspecifying the time (not being less than 28 days) from the date of publication of the notice within which representations or objections to the proposed revocation may be made,and shall consider any representations or objections which are duly made and not withdrawn.6A notice under subsection (5) above shall be given—aby publishing the notice in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; andbby sending a copy of the notice to the regulated person .7As soon as practicable after a final order is made or a provisional order is made or confirmed, the Director shall—aserve a copy of the order on the regulated person ; andbpublish such a copy in such manner as he considers appropriate for the purpose of bringing the order to the attention of persons likely to be affected by it. Validity and effect of orders.301If the regulated person is aggrieved by a final or provisional order and desires to question its validity on the ground that the making or confirmation of it was not within the powers of section 28 above or that any of the requirements of section 29 above have not been complied with in relation to it, he may within 42 days from the date of service on him of a copy of the order make an application to the court under this section.2On any such application the court, if satisfied that the making or confirmation of the order was not within those powers or that the interests of the l regulated person have been substantially prejudiced by a failure to comply with those requirements—amay quash the order or any provision of the order; . . .b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Except as provided by this section, the validity of a final or provisional order shall not be questioned by any legal proceedings whatever.4No criminal proceedings shall, by virtue of the making of a final order or the making or confirmation of a provisional order, lie against any person on the ground that he has committed, or aided, abetted, counselled or procured the commission of, or conspired or attempted to commit, or incited others to commit, any contravention of the order.5The obligation to comply with a final or provisional order is a duty owed to any person who may be affected by a contravention of it.6Where a duty is owed by virtue of subsection (5) above to any person any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person.7In any proceedings brought against any person in pursuance of subsection (6) above, it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the order.8Without prejudice to any right which any person may have by virtue of subsection (6) above to bring civil proceedings in respect of any contravention or apprehended contravention of a final or provisional order, compliance with any such order shall be enforceable by civil proceedings by the Director for an injunction or interdict or for any other appropriate relief.9In this section “the court” means—ain relation to England and Wales, the High Court;bin relation to Scotland, the Court of Session.<Addition ChangeId="d29p7218" CommentaryRef="c14421741"> Penalties.</Addition>30A1Where the Authority is satisfied that a regulated person —ahas contravened or is contravening any relevant condition or requirement; orbhas failed or is failing to achieve any standard of performance prescribed under section 33A or 33AA,the Authority may, subject to section 30C, impose on the regulated person a penalty of such amount as is reasonable in all the circumstances of the case.2Before imposing a penalty on a regulated person under subsection (1), the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.2AThe Authority shall not impose a penalty on a regulated person under subsection (1) if it considers that it would be more appropriate to proceed under the Competition Act 1998.3Before imposing a penalty on a regulated person under subsection (1) the Authority shall give notice—astating that it proposes to impose a penalty and the amount of the penalty proposed to be imposed;bsetting out the relevant condition or requirement or the standard of performance in question;cspecifying the acts or omissions which, in the opinion of the Authority, constitute the contravention or failure in question and the other facts which, in the opinion of the Authority, justify the imposition of a penalty and the amount of the penalty proposed; anddspecifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made,and shall consider any representations or objections which are duly made and not withdrawn.4Before varying any proposal stated in a notice under subsection (3)(a) the Authority shall give notice—asetting out the proposed variation and the reasons for it; andbspecifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed variation may be made,and shall consider any representations or objections which are duly made and not withdrawn.5As soon as practicable after imposing a penalty, the Authority shall give notice—astating that it has imposed a penalty on the regulated person and its amount;bsetting out the relevant condition or requirement or the standard of performance in question;cspecifying the acts or omissions which, in the opinion of the Authority, constitute the contravention or failure in question and the other facts which, in the opinion of the Authority, justify the imposition of the penalty and its amount; anddspecifying a date, no earlier than the end of the period of 42 days from the date of service of the notice on the regulated person, by which the penalty is required to be paid.6The regulated person may, within 21 days of the date of service on him of a notice under subsection (5), make an application to the Authority for it to specify different dates by which different portions of the penalty are to be paid.7Any notice required to be given under this section shall be given—aby publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them;bby serving a copy of the notice on the regulated person; ...cby serving a copy of the notice on Citizens Advice; anddby serving a copy of the notice on Consumer Scotland.8AThis section is subject to section 30O (maximum amount of penalty or compensation that may be imposed).10Any sums received by the Authority by way of penalty under this section shall be paid into the Consolidated Fund.11The power of the Authority under subsection (1) is not exercisable in respect of any contravention or failure before the commencement of section 95 of the Utilities Act 2000.<Addition ChangeId="d29p7393" CommentaryRef="c14421791"> Statement of policy with respect to penalties.</Addition>30B1The Authority shall prepare and publish a statement of policy with respect to the imposition of penalties and the determination of their amount.2In deciding whether to impose a penalty, and in determining the amount of any penalty, in respect of a contravention or failure the Authority shall have regard to its statement of policy most recently published at the time when the contravention or failure occurred.3The Authority may revise its statement of policy and where it does so shall publish the revised statement.4Publication under this section shall be in such manner as the Authority considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them.5The Authority shall undertake such consultation as it considers appropriate when preparing or revising its statement of policy.<Addition ChangeId="d29p7433" CommentaryRef="c14421821"> Time limits on the imposition of penalties.</Addition>30C1Where no final or provisional order has been made in relation to a contravention or failure, the Authority may not impose a penalty in respect of the contravention or failure later than the end of the period of five years from the time of the contravention or failure, unless before the end of that period—athe notice under section 30A(3) relating to the penalty is served on the regulated person under section 30A(7), orba notice relating to the contravention or failure is served on the regulated person under section 38(1).2Where a final or provisional order has been made in relation to a contravention or failure, the Authority may not impose a penalty in respect of the contravention or failure unless the notice relating to the penalty under section 30A(3) was served on the ... under section 30A(7)—awithin three months from the confirmation of the provisional order or the making of the final order, orbwhere the provisional order is not confirmed, within six months from the making of the provisional order.<Addition ChangeId="d29p7479" CommentaryRef="c14421851"> Interest and payment of instalments.</Addition>30D1If the whole or any part of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the Judgments Act 1838.2If an application is made under subsection (6) of section 30A in relation to a penalty, the penalty is not required to be paid until the application has been determined.3If the Authority grants an application under that subsection in relation to a penalty but any portion of the penalty is not paid by the date specified in relation to it by the Authority under that subsection, the Authority may where it considers it appropriate require so much of the penalty as has not already been paid to be paid immediately.<Addition ChangeId="d29p7509" CommentaryRef="c14421881"> Appeals </Addition><Addition ChangeId="d29p7509" CommentaryRef="c14421881"><Addition ChangeId="key-b6456b16a44469847bb7712afb01ef19-1508602306322" CommentaryRef="key-b6456b16a44469847bb7712afb01ef19">against penalties</Addition></Addition><Addition ChangeId="d29p7509" CommentaryRef="c14421881"> .</Addition>30E1If the regulated person on whom a penalty is imposed is aggrieved by—athe imposition of the penalty;bthe amount of the penalty; orcthe date by which the penalty is required to be paid, or the different dates by which different portions of the penalty are required to be paid,the regulated person may make an application to the court under this section.2An application under subsection (1) must be made—awithin 42 days from the date of service on the regulated person of a notice under section 30A(5), orbwhere the application relates to a decision of the Authority on an application by the regulated person under section 30A(6), within 42 days from the date the licence holder is notified of the decision.3On any such application, where the court considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the grounds falling within subsection (4), the court—amay quash the penalty;bmay substitute a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case; orcin the case of an application under subsection (1)(c), may substitute for the date or dates imposed by the Authority an alternative date or dates.4The grounds falling within this subsection are—athat the imposition of the penalty was not within the power of the Authority under section 30A;bthat any of the requirements of subsections (3) to (5) or (7) of section 30A have not been complied with in relation to the imposition of the penalty and the interests of the regulated person have been substantially prejudiced by the non-compliance; orcthat it was unreasonable of the Authority to require the penalty imposed, or any portion of it, to be paid by the date or dates by which it was required to be paid.5If an application is made under this section in relation to a penalty, the penalty is not required to be paid until the application has been determined.6Where the court substitutes a penalty of a lesser amount it may require the payment of interest on the substituted penalty at such rate, and from such date, as it considers just and equitable.7Where the court specifies as a date by which the penalty, or a portion of the penalty, is to be paid a date before the determination of the application under this section it may require the payment of interest on the penalty, or portion, from that date at such rate as it considers just and equitable.8Except as provided by this section, the validity of a penalty shall not be questioned by any legal proceedings whatever.9In this section “the court” means—ain relation to England and Wales, the High Court; andbin relation to Scotland, the Court of Session.<Addition ChangeId="d29p7656" CommentaryRef="c14421901"> Recovery of penalties.</Addition>30FWhere a penalty imposed under section 30A(1), or any portion of it, has not been paid by the date on which it is required to be paid and—ano application relating to the penalty has been made under section 30E during the period within which such an application can be made, orban application has been made under that section and determined,the Authority may recover from the regulated person , as a civil debt due to it, any of the penalty and any interest which has not been paid.<Addition ChangeId="key-52cb632918380fa42187bb6b20881209-1508512985815" CommentaryRef="key-52cb632918380fa42187bb6b20881209">Consumer redress orders</Addition>30G1This section applies where the Authority is satisfied that—aa regulated person has contravened, or is contravening, any relevant condition or requirement, andbas a result of the contravention, one or more consumers have suffered loss or damage or been caused inconvenience.2The Authority may make an order (a “consumer redress order”) requiring the regulated person to do such things as appear to the Authority necessary for the purposes of—aremedying the consequences of the contravention, orbpreventing a contravention of the same or a similar kind from being repeated.3A consumer redress order must specify the following—athe regulated person to whom the order applies;bthe contravention in respect of which the order is made;cthe affected consumers, or a description of such consumers;dthe requirements imposed by the order;ethe date by which the regulated person must comply with such requirements.4As soon as practicable after making a consumer redress order, the Authority must—aserve a copy of the order on the regulated person to whom the order applies, andbeither—iserve a copy of the order on each affected consumer, oriipublish the order in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of affected consumers.5The date specified in a consumer redress order under subsection (3)(e) may not be earlier than the end of the period of 7 days from the date of the service of a copy of the order on the regulated person.6Different dates may be specified under subsection (3)(e) in relation to different requirements imposed by the order.7This section is subject to sections 30H to 30O.8In this section and in sections 30H to 30O—“affected consumers”, in relation to a consumer redress order (or proposed order), are those consumers that the Authority is satisfied have suffered loss or damage, or been caused inconvenience, as a result of the contravention in respect of which the order is (or would be) made;“consumers” means consumers in relation to gas conveyed through pipes;“consumer redress order” means an order under subsection (2).<Addition ChangeId="key-52cb632918380fa42187bb6b20881209-1508512985815" CommentaryRef="key-52cb632918380fa42187bb6b20881209">Remedial action under a consumer redress order</Addition>30H1The things mentioned in section 30G(2) that a regulated person may be required to do under a consumer redress order (“the required remedial action”) include, in particular—apaying an amount to each affected consumer by way of compensation for the loss or damage suffered, or for the inconvenience caused, as a result of the contravention;bpreparing and distributing a written statement setting out the contravention and its consequences;cterminating or varying any contracts entered into between the regulated person and affected consumers.2Where the required remedial action includes the payment of compensation, the order must specify—athe amount of compensation to be paid, andbthe affected consumers, or a description of such consumers, to whom it is to be paid.3Where the required remedial action includes the preparation and distribution of a statement, the order may specify the information to be contained in the statement and the form and manner in which it is to be distributed.4The manner so specified may in particular include—asending a copy of the statement to each affected consumer;bpublishing the statement in such manner as the Authority considers appropriate for the purpose of bringing the statement to the attention of those consumers.5Where the required remedial action includes the termination or variation of a contract with an affected consumer—athe order may specify the terms on which the contract is to be terminated or the way in which it is to be varied,bthe requirement has effect only if, and to the extent that, the affected consumer consents to the termination of the contract on those terms or to its variation in that way, andcthe order may specify the steps to be taken by the regulated person for the purpose of enabling the affected consumer to give such consent.<Addition ChangeId="key-52cb632918380fa42187bb6b20881209-1508512985815" CommentaryRef="key-52cb632918380fa42187bb6b20881209">Other procedural requirements in relation to consumer redress orders</Addition>30I1Before making a consumer redress order the Authority must give notice stating that it proposes to make the order.2A notice under subsection (1) must specify—athe regulated person to whom the order will apply,bthe contravention in respect of which the order is to be made,cthe affected consumers, or a description of such consumers,dthe requirements to be imposed by the order and the period within which such requirements are to be complied with, andethe time (not being less than 21 days from the relevant date) by which representations or objections with respect to the proposed order may be made,and the Authority must consider any representations or objections which are duly made and not withdrawn.3Before varying any proposal stated in a notice under subsection (1) the Authority must give notice specifying—athe proposed variation and the reasons for it, andbthe time (not being less than 21 days from the relevant date) by which representations or objections with respect to the proposed variation may be made,and the Authority must consider any representations or objections which are duly made and not withdrawn.4Before revoking a consumer redress order the Authority must give notice—astating that it proposes to revoke the order and the reasons for doing so, andbspecifying the time (not being less than 21 days from the relevant date) within which representations or objections to the proposed revocation may be made,and the Authority must consider any representations or objections which are duly made and not withdrawn.5A notice required to be given under this section is to be given—aby serving a copy of the notice on the regulated person, andbeither—iby serving a copy of the notice on each affected consumer, oriiby publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of affected consumers.6The “relevant date”, in relation to a notice under this section, is—ain a case where the notice is published in accordance with subsection (5)(b)(ii), the date on which it is published;bin any other case, the latest date on which a copy of the notice is served in accordance with subsection (5)(a) and (b)(i).<Addition ChangeId="key-52cb632918380fa42187bb6b20881209-1508512985815" CommentaryRef="key-52cb632918380fa42187bb6b20881209">Statement of policy with respect to consumer redress orders</Addition>30J1The Authority must prepare and publish a statement of policy with respect to—athe making of consumer redress orders, andbthe determination of the requirements to be imposed by such orders (including, in particular, the considerations the Authority will have regard to in determining such requirements).2The Authority must have regard to its current statement of policy—ain deciding whether to make a consumer redress order in respect of a contravention, andbin determining the requirements to be imposed by any such order.3The Authority may revise its statement of policy and, where it does so, must publish the revised statement.4Publication under this section is to be in such manner as the Authority considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them.5The Authority must consult such persons as it considers appropriate when preparing or revising its statement of policy.<Addition ChangeId="key-52cb632918380fa42187bb6b20881209-1508512985815" CommentaryRef="key-52cb632918380fa42187bb6b20881209">Time limits for making consumer redress orders</Addition>30K1Where no final or provisional order has been made in relation to a contravention, the Authority may not give a consumer redress order in respect of the contravention later than the end of the period of 5 years from the time of the contravention.2Subsection (1) does not apply if before the end of that period—athe notice under section 30I(1) relating to the order is served on the regulated person, orba notice relating to the contravention is served on the regulated person under section 38(1).3Where a final or provisional order has been made in relation to a contravention, the Authority may give a consumer redress order in respect of the contravention only if the notice relating to the consumer redress order under section 30I(1) is served on the regulated person—awithin 3 months from the confirmation of the provisional order or the making of the final order, orbwhere the provisional order is not confirmed, within 6 months from the making of the provisional order.<Addition ChangeId="key-52cb632918380fa42187bb6b20881209-1508512985815" CommentaryRef="key-52cb632918380fa42187bb6b20881209">Enforcement of consumer redress orders</Addition>30L1Compliance with a consumer redress order is enforceable by civil proceedings by the Authority—afor an injunction or interdict,bfor specific performance of a statutory duty under section 45 of the Court of Session Act 1988, orcfor any other appropriate remedy or relief.2Proceedings under subsection (1) are to be brought—ain England and Wales, in the High Court, orbin Scotland, in the Court of Session.3The obligation of a regulated person to comply with a consumer redress order is a duty owed to any person who may be affected by a contravention of the order.4Without limiting the Authority's right to bring civil proceedings under subsection (1), a duty owed to any person (“P”) by virtue of subsection (3) may be enforced by civil proceedings by P for any appropriate remedy or relief.5For the purposes of subsection (4), the duty owed to P may in particular be enforced by P as if it were contained in a contract between P and the regulated person who owes the duty.<Addition ChangeId="key-52cb632918380fa42187bb6b20881209-1508512985815" CommentaryRef="key-52cb632918380fa42187bb6b20881209">Appeals against consumer redress orders</Addition>30M1A regulated person in respect of whom a consumer redress order is made may make an application to the court under this section if the person is aggrieved by—athe making of the order, orbany requirement imposed by the order.2An application under subsection (1) must be made within 42 days from the date of service on the regulated person of a copy of the order under section 30G(4)(a).3On an application under subsection (1) the court may—aquash the order or any provision of the order, orbvary any such provision in such manner as the court considers appropriate.4The court may exercise the powers under subsection (3) only if it considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the following grounds—athat the making of the order was not within the power of the Authority under section 30G;bthat any of the requirements under section 30G(4) and 30I have not been complied with in relation to the making of the order and the interests of the regulated person have been substantially prejudiced by the non-compliance;cthat it was unreasonable of the Authority to require something to be done under the order (whether at all or in accordance with the provisions of the order).5If an application is made under this section in relation to a consumer redress order, a requirement imposed by the order does not need to be carried out in accordance with the order until the application has been determined.6Where the court substitutes a lesser amount of compensation for an amount required by the Authority in a consumer redress order, it may require the payment of interest on the substituted amount at such rate, and from such date, as it considers just and equitable.7Where the court specifies as a date by which any compensation under a consumer redress order is to be paid a date before the determination of the application under this section, it may require the payment of interest on the amount from that date at such rate as it considers just and equitable.8Except as provided by this section, the validity of a consumer redress order is not to be questioned by any legal proceedings whatever.9In this section “the court” means—ain relation to England and Wales, the High Court;bin relation to Scotland, the Court of Session.<Addition ChangeId="key-52cb632918380fa42187bb6b20881209-1508512985815" CommentaryRef="key-52cb632918380fa42187bb6b20881209">Consumer redress orders: miscellaneous</Addition>30N1If—acompensation is required to be paid under a consumer redress order, andbit is not paid by the date by which it is required to be paid in accordance with the order,the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838.2The Authority may not make a consumer redress order where it is satisfied that the most appropriate way of proceeding is under the Competition Act 1998.3The Authority's power to make a consumer redress order as a result of a contravention of a relevant condition or requirement is not to be taken as limiting the Authority's power to impose a penalty under section 30A in relation to the same contravention (whether instead of, or in addition to, making a consumer redress order).4The power of the Authority to make a consumer redress order is not exercisable in respect of any contravention before the coming into force of Schedule 14 to the Energy Act 2013.<Addition ChangeId="key-52cb632918380fa42187bb6b20881209-1508512985815" CommentaryRef="key-52cb632918380fa42187bb6b20881209">Maximum amount of penalty or compensation</Addition>30O1The maximum amount of penalty that may be imposed on a regulated person in respect of a contravention may not exceed 10 per cent of the person's turnover.2The maximum amount of compensation that a regulated person may be required to pay in respect of a contravention may not exceed 10 per cent of the person's turnover.3Subsections (1) and (2) are subject to subsection (4) if, in respect of a contravention, both a penalty is imposed and compensation is required to be paid.4The maximum amount in total of the penalty and compensation combined in respect of the contravention may not exceed 10 per cent of the regulated person's turnover.5The Secretary of State may by order provide for how a person's turnover is to be determined for the purposes of this section.6An order under subsection (5) may make different provision for penalties and compensation.7An order under subsection (5) shall not be made unless a draft of the instrument containing it has been laid before and approved by a resolution of each House of Parliament.8In this section—“compensation” means compensation that a regulated person is required to pay by a consumer redress order;“penalty” means a penalty imposed on a regulated person under section 30A. Investigation of complaints etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Consumer complaints.32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32A Power of Council to investigate other matters.33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<CommentaryRef Ref="c14422341"/> <Addition ChangeId="d29p7994"> Standards of performance</Addition><Addition ChangeId="d29p7999"> Standards of performance in individual cases.</Addition>33A1The Authority may make regulations prescribing such standards of performance in connection with the activities of gas suppliers, so far as affecting customers or potential customers of theirs, as in the Authority’s opinion ought to be achieved in individual cases.2Regulations under this section may only be made with the consent of the Secretary of State.3Regulations under this section may—aprescribe circumstances in which gas suppliers are to inform customers or potential customers of their rights under this section or the rights under section 33AA;bprescribe such standards of performance in relation to any duty arising under paragraph (a) above as, in the Director’s opinion, ought to be achieved in all cases;cprescribe circumstances in which gas suppliers are to be exempted from any requirements of the regulations or this section; anddif the Director is of the opinion that the differences are such that no gas supplier would be unduly disadvantaged in competing with other gas suppliers, make different provision with respect to different gas suppliers.4If a gas supplier fails to meet a prescribed standard, he shall make to any customer or potential customer who is affected by the failure and is of a prescribed descriptionsuch compensation as may be determined by or under the regulations.5The making of compensation under this section in respect of any failure to meet a prescribed standard shall not prejudice any other remedy which may be available in respect of the act or omission which constituted that failure.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p8144"> Standards of performance in individual cases: gas transporters.</Addition>33AA1The Authority may make regulations prescribing such standards of performance in connection with the activities of gas transporters, so far as affecting customers or potential customers of gas suppliers, as in the Authority’s opinion ought to be achieved in individual cases.2Regulations under this section may only be made with the consent of the Secretary of State.3If a gas transporter fails to meet a prescribed standard, he shall make to any customer or potential customer of a gas supplier who is affected by the failure and is of a prescribed description such compensation as may be determined by or under the regulations.4The regulations may—aprescribe circumstances in which gas transporters are to inform customers or potential customers of gas suppliers of their rights under this section;bprescribe such standards of performance in relation to any duty arising under paragraph (a) as, in the Authority’s opinion, ought to be achieved in all cases;cmake provision as to the manner in which compensation under this section is to be made;dprescribe circumstances in which gas transporters are to be exempted from any requirements of the regulations or this section; andeif the Authority is of the opinion that the differences are such that no gas transporter would be unduly disadvantaged in competing with other gas transporters, make different provision with respect to different gas transporters.5Provision made under subsection (4)(c) may—arequire or permit compensation to be made on behalf of gas transporters by gas suppliers to customers or potential customers;brequire gas suppliers to provide services to gas transporters in connection with the making of compensation under this section.6The making of compensation under this section in respect of any failure to meet a prescribed standard shall not prejudice any other remedy which may be available in respect of the act or omission which constituted that failure.<Addition ChangeId="d29p8233"> Standards of performance in individual cases: disputes.</Addition>33AB1Any dispute arising under section 33A or 33AA or regulations made under either of those sections—amay be referred to the Authority— iby either party, oriiwith the consent of either party, by Citizens Advice, Citizens Advice Scotland or Consumer Scotland or those bodies or any two of them acting jointly; andbon such a reference, shall be determined by order made by the Authority or, if it thinks fit, by such person (other than Citizens Advice , Citizens Advice Scotland or Consumer Scotland) as may be prescribed.2A person making an order under subsection (1) shall include in the order his reasons for reaching his decision with respect to the dispute.3The practice and procedure to be followed in connection with any such determination shall be such as may be prescribed.4An order under subsection (1) shall be final and shall be enforceable—ain England and Wales, as if it were a judgment of the county court; andbin Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.5In this section “prescribed” means prescribed by regulations made by the Authority with the consent of the Secretary of State.<Addition ChangeId="d29p8301" CommentaryRef="c14423431"> Overall standards of performance.</Addition>33B1The Director may from time to time—adetermine such standards of overall performance in connection with the provision of gas supply services by gas suppliers as, in his opinion, ought to be achieved by them; andbarrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Different standards may be determined for different gas suppliers if the Director is of the opinion that the differences are such that no gas supplier would be unduly disadvantaged in competing with other gas suppliers.3AStandards may be determined either as respects the provision of gas supply services generally or as respects the provision of such services to customers of a particular class or description.4It shall be the duty of every gas supplier to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this section.<Addition ChangeId="d29p8365"> Overall standards of performance: gas transporters.</Addition>33BA1The Authority may from time to time—adetermine such standards of overall performance in connection with the activities of gas transporters as, in its opinion, ought to be achieved by them; andbarrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined.2Different standards may be determined for different gas transporters if the Authority is of the opinion that the differences are such that no gas transporter would be unduly disadvantaged in competing with other gas transporters.3It shall be the duty of every gas transporter to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this section.<Addition ChangeId="c14423561" CommentaryRef="c14423561"> Procedures for prescribing or determining standards of performance.</Addition>33BAA1Before prescribing standards of performance in regulations under section 33A or 33AA, or determining standards of performance under section 33B or 33BA, the Authority shall—aarrange for such research as the Authority considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and consider the results;bpublish a notice of its proposals in accordance with subsections (2) and (3) and consider any representations which are duly made in respect of those proposals; andcconsult Citizens Advice and Consumer Scotland and other persons or bodies mentioned in subsection (4).2The notice required by subsection (1)(b) is a notice—astating that the Authority proposes to prescribe or determine standards of performance and setting out the standards of performance proposed;bstating the reasons why it proposes to prescribe or determine those standards of performance; andcspecifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposals may be made.3A notice required by subsection (1)(b) shall be published in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of those likely to be affected by the proposals.4The persons or bodies to be consulted by the Authority under subsection (1)(c) are—agas suppliers (in the case of standards of performance under section 33A or 33B) or gas transporters and gas suppliers (in the case of standards of performance under section 33AA or 33BA); andbpersons or bodies appearing to the Authority to be representative of persons likely to be affected by the regulations or determination.5The Authority shall make arrangements for securing that notices under subsection (1)(b), regulations under section 33A or 33AA and determinations under section 33B or 33BA are made available to the public by whatever means it considers appropriate. <Addition ChangeId="d29p8495" CommentaryRef="c14423591"><Substitution ChangeId="key-3b7e669ce29b7d91d51b6958a628fb37-1500628982522" CommentaryRef="key-3b7e669ce29b7d91d51b6958a628fb37">Promotion of reductions in carbon emissions: gas transporters and gas suppliers</Substitution></Addition>33BC1The Secretary of State may by order impose—aon each gas transporter (or each gas transporter of a specified description); andbon each gas supplier (or each gas supplier of a specified description),an obligation to achieve, within a specified period and in accordance with the order, the carbon emissions reduction target to be determined by the Administrator under the order for that transporter or supplier (and that obligation is referred to in this section as a “carbon emissions reduction obligation”).1AThe power to make orders under this section may be exercised so as to impose more than one carbon emissions reduction obligation on a person in relation to the same period or to periods that overlap to any extent.2In this section “carbon emissions reduction target” means a target for the promotion of any of the following—ameasures for improving energy efficiency, that is to say, efficiency in the use by consumers of electricity, gas conveyed through pipes or any other source of energy which is specified in the order;bif the order so provides—imeasures for increasing the amount of electricity generated, or heat produced, by microgeneration;iiany other measures of a description specified in the order for increasing the amount of electricity generated, or heat produced, using low-emissions sources or technologies;iiimeasures for reducing the consumption of such energy as is mentioned in paragraph (a).2AIn this section “the Administrator” means—athe Authority; orbif the order so provides, the Secretary of State or a specified body other than the Authority.3An order under this section may specify criteria by reference to which the Administrator is to determine carbon emissions reduction targets for the gas transporters and gas suppliers on whom obligations are imposed by the order.4The Secretary of State and (subject to any directions given under subsection (9B)) the Administrator shall carry out their respective functions under this section in the manner he or it considers is best calculated to ensure that no gas transporter is unduly disadvantaged in competing with other gas transporters and no gas supplier is unduly disadvantaged in competing with other gas suppliers.5The order may make provision generally in relation to the carbon emissions reduction obligations which it imposes, including in particular provision—aas to the treatment of persons who become gas transporters or gas suppliers after the beginning of the period to which the order relates;bas to the action which qualifies for the purpose of meeting the whole or any part of a carbon emissions reduction target;barequiring part of a carbon emissions reduction target to be met by action of a specified description;bbrequiring the whole or any part of a carbon emissions reduction target to be met by action relating to—iindividuals of a specified description,iiproperty of a specified description,iiispecified areas or areas of a specified description, orivindividuals or property of a specified description in specified areas or areas of a specified description;bcenabling the Administrator to direct a transporter or supplier to meet part of a carbon emissions reduction target by action relating to an individual named in the direction;bdpreventing action from qualifying for the purpose of meeting the whole or any part of a carbon emissions reduction target unless such persons as are specified in, or determined in accordance with, the order—ihave been consulted about the action;iihave consented to the action;berequiring action which qualifies for the purpose of meeting both a carbon emissions reduction target and a home-heating cost reduction target to be treated as qualifying only for the purpose of meeting such one of those targets as the transporter or supplier concerned elects;cdetermining, or specifying the method for determining, the contribution that any action makes towards meeting a carbon emissions reduction target;drequiring transporters and suppliers to give to the Administrator specified information, or information of a specified nature, about their proposals for complying with their carbon emissions reduction obligations;erequiring the Administrator to determine—iwhether any proposed action qualifies for the purpose of achieving the whole or any part of a person’s carbon emissions reduction target; andiiif so, what contribution the proposed action (or any result of that action specified in the determination) is to make towards achieving the carbon emissions reduction target;frequiring transporters or suppliers to produce to the Administrator evidence of a specified kind demonstrating that they have complied with their carbon emissions reduction obligations; andgrequiring the Administrator or a specified body to offer services of a specified kind and authorising a specified fee to be charged to those who take up the offer.5AIf the order makes provision by virtue of subsection (5)(bc) enabling the Administrator to direct a transporter or supplier to meet part of a carbon emissions reduction target by action relating to an individual named in the direction the order may also make provision—aauthorising the Administrator to require specified persons to provide it with information for the purpose of enabling it to identify and select individuals who are to be the subject of a direction;bspecifying criteria in accordance with which the Administrator is to select individuals who are to be the subject of a direction;cdetermining, or specifying the method for determining, which transporter or supplier is to be given a direction in relation to any particular individual selected in accordance with provision made under paragraph (b);dauthorising the Administrator, if it gives a direction to a transporter or supplier, to provide the transporter or supplier with information relating to the individual concerned for the purpose of assisting the transporter or supplier to comply with the direction;eas to the times at which a direction may be given;fas to the circumstances in which a direction need not be complied with.5BProvision made by virtue of subsection (5)(c) may in particular provide for an action to be treated as making a greater contribution than it would otherwise do if the action relates to—aan individual of a specified description,ba property of a specified description, orcboth an individual of a specified description and a property of a specified description.6The order may make provision authorising the Administrator to require a transporter or supplier to provide it with specified information, or information of a specified nature, relating to—ahis proposals for complying with his carbon emissions reduction obligation; orbthe question whether he has complied with that obligation.7The order may make provision as to circumstances in which—aa person’s carbon emissions reduction target may be altered during the period to which the order relates;bthe whole or any part of a person’s carbon emissions reduction target may be treated as having been achieved by action taken otherwise than by or on behalf of that person;cany action taken before the period to which the order relates may be treated as qualifying action taken during that period;dthe whole or any part of a person’s carbon emissions reduction target may be transferred to another gas transporter or gas supplier or to an electricity distributor or electricity supplier (within the meaning of Part I of the Electricity Act 1989); orea person may carry forward the whole or any part of his carbon emissions reduction target for the period to which the order relates to a subsequent period.7AThe order may—amake provision for any specified requirement contained in it to be treated as a relevant requirement for the purposes of this Part; orbif it provides for the Administrator to be a person other than the Authority, make provision for and in connection with enabling the Administrator to enforce any requirement imposed by the order.7BProvision made by virtue of paragraph (b) of subsection (7A) may, in particular, include provision corresponding to or applying (with or without modifications) any of sections 28 to 30F and section 38.7CThe order may make provision as to circumstances in which a transporter or supplier may meet the whole or any part of a carbon emissions reduction target by making a buy-out payment.7DIn this section, “buy-out payment” means a payment—aof an amount (“the buy-out price”) determined by the Secretary of State,bto a person approved by the Administrator (an “approved person”),cfor a purpose approved by the Administrator (an “approved purpose”).7EProvision made by virtue of subsection (7C) may include provision about the determination by the Secretary of State of the buy-out price, including provision—aenabling the Secretary of State to set different buy-out prices—ifor different parts of the period to which the order relates;iifor different cases (including different buy-out prices for different transporters or suppliers);brequiring the Secretary of State to publish the buy-out price.7FIf the order makes provision by virtue of subsection (7C), the order may also make provision—aas to the procedure to be followed by the Administrator in approving a person as an approved person or a purpose as an approved purpose;bspecifying criteria by reference to which the Administrator is to determine whether to approve a person or purpose.7GProvision made by virtue of subsection (7C) may include further provision about buy-out payments, including in particular provision—aas to the procedure to be followed by a transporter or supplier who proposes to make a buy-out payment, including provision—irequiring a transporter or supplier to notify the Administrator of specified matters by a specified time;iias to circumstances in which a transporter or supplier must make the buy-out payment to which notification given to the Administrator relates;iiiabout the process for seeking approval of a person as an approved person, or of a purpose as an approved purpose;bpreventing a transporter or supplier from treating a buy-out payment as a payment pursuant to any other obligation (whether statutory or contractual), or vice versa;csetting out circumstances in which a requirement imposed on a transporter or supplier by provision made by virtue of subsection (5)(ba) or (bb) may be—imet, in whole or in part, by the making of a buy-out payment;iivaried as a result of a buy-out payment;dabout the effect of provision included in the order by virtue of subsection (7)(c) to (e) on a person’s ability to meet the whole or any part of a carbon emissions reduction target by making a buy-out payment.7HWhere an order includes provision for the making of a buy-out payment, the references in subsections (5)(be) and (7)(b) to action include a reference to the making of a buy-out payment.8The order may—aprovide for exceptions from any requirement of the order;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cmake supplementary, incidental and transitional provision; anddsubject to subsection (4), make different provision for different cases (including different provision in relation to different transporters or suppliers).9The order may include provision for treating the promotion of the supply to premises of—aelectricity generated by a generating station which is operated for the purposes of producing heat, or a cooling effect, in association with electricity;bheat produced in association with electricity or steam produced from (or air or water heated by) such heat; orcany gas or liquid subjected to a cooling effect produced in association with electricity,as promotion of improvements in energy efficiency.9AThe order may make provision requiring the Administrator to give guidance to transporters or suppliers concerning such matters relating to the order as are specified.9BThe Administrator shall carry out its functions under this section in accordance with any general or specific directions given to it by the Secretary of State.10No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.10AThe Secretary of State must obtain the consent of the Scottish Ministers before making an order under this section which contains provision that—ais included by virtue of subsection (2)(b),bextends to Scotland, andcwould be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.11Before making an order under this section the Secretary of State shall consult the Authority, Citizens Advice, Consumer Scotland, gas transporters and gas suppliers and such other persons as he considers appropriate.12An order under this section shall not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.12ASubsection (12) does not apply to an order under this section made only for the purpose of amending an earlier order under this section so as to alter the provision included in the earlier order by virtue of any of paragraphs (b), (ba) or (c) of subsection (5).But such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.12BIf an order under this section provides for the Administrator to be a body other than the Authority, the Secretary of State may make payments to the body of such amounts as the Secretary of State considers appropriate.13In this section—“ home-heating cost reduction target ” has the meaning given by section 33BD(2)(a);“microgeneration” has the same meaning as in the Climate Change and Sustainable Energy Act 2006;“plant” includes any equipment, apparatus or appliance; “specified” means specified in the order. 14For the purposes of subsection (2)(b)(ii), electricity is generated, or heat is produced, using low-emissions sources or technologies if it is generated, or produced, by plant which relies wholly or mainly on a source of energy or a technology mentioned in section 26(2) of the Climate Change and Sustainable Energy Act 2006.<Addition ChangeId="key-c12efc59f1e4424253ef675f3cbca2d1-1535719663753" CommentaryRef="key-c12efc59f1e4424253ef675f3cbca2d1">Scottish Ministers' promotion of reductions in carbon emissions: gas suppliers</Addition>33BCA1Where the Secretary of State under section 33BC imposes on gas suppliers obligations to achieve a target within a specified period, the power to make orders under that section is exercisable by the Scottish Ministers for the purposes of those obligations imposed in relation to Scotland and not, except as provided by subsections (9) and (10), by the Secretary of State.2An obligation is imposed in relation to Scotland to the extent that measures to meet that obligation may be carried out in Scotland (disregarding any power to elect under section 103 of the Utilities Act 2000).3For the purposes of the exercise by the Scottish Ministers of the power to make an order under section 33BC, that section applies with the following modifications—afor subsection (1) there is substituted a power by order to specify how gas suppliers may meet their obligations to achieve the carbon emissions reduction target through measures carried out in Scotland;bsubsections (1A), (3), (5)(a), (7)(a) , (7C), (7E) and (10A) are omitted;cin subsection (2A) at the beginning of paragraph (b) there is inserted “where the Secretary of State has apportioned the overall carbon emissions reduction target under section 103(2A) of the Utilities Act 2000, and”;cain subsection (7F), for “order makes” is substituted “Secretary of State has made”;cbin subsection (7G), for “(7C)” is substituted “(7F)”;ccin subsection (7H), for “an order includes” is substituted “the Secretary of State has made”;din subsection (11) “Citizens Advice” and “gas transporters” are omitted;ein subsection (12), for the words from “shall not be made” to the end is substituted “ is subject to the affirmative procedure ”;fin subsection (12A) for the words from “shall be subject to” to the end is substituted “ is subject to the negative procedure ”;gfor “Secretary of State” in each place other than in subsection (7D)(a) is substituted “ Scottish Ministers ”.4The power of the Scottish Ministers under section 33BC does not include power to make provision in relation to the subject-matter of sections 88 to 90 of the Energy Act 2008 (smart meters).5Where an overall carbon emissions reduction target has been apportioned under section 103(2A) of the Utilities Act 2000, the Scottish Ministers must—awhen making any order under section 33BC, comply with the duty in subsection (6), andbif the Secretary of State amends any order under that section, make any provision they think necessary, in consequence of the amendment, to comply with that duty.6The duty of the Scottish Ministers where subsection (5)(a) or (b) applies is to exercise their powers under section 33BC (subject to subsection (8)) in the way they think most likely to secure that the proportion of compliance costs that is represented by costs relating to Scotland is no greater than the proportion of the overall carbon emissions reduction target that is represented by the part of it apportioned to measures carried out in Scotland.7In subsection (6)—a“compliance costs” means the total costs to gas suppliers of complying with carbon emissions reduction obligations that, in relation to any period, are imposed by order under section 33BC, andb“costs relating to Scotland” means the total costs to gas suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland.8The Scottish Ministers may not make an order under section 33BC unless—athey have consulted the Secretary of State about the proposed order, andbthe Secretary of State has agreed to the order being made.9Subsection (1) does not prevent the Secretary of State from making provision under—asection 33BC(1A), (3), (5)(a) , (7)(a), (7C) or (7E), orbsection 33BC(2A) where an overall carbon emissions reduction target has not been apportioned under section 103(2A) of the Utilities Act 2000.10Subsection (1) does not prevent the Secretary of State from making any other provision under section 33BC or from varying or revoking an order made by the Scottish Ministers under that section—awith the agreement of the Scottish Ministers, orbwithout their agreement, if subsection (11) applies.11This subsection applies if it appears to the Secretary of State, in the case of obligations imposed in relation to Scotland (the “Scottish obligations”), taking into account any provision made by the Scottish Ministers, that the Scottish obligations are, alone or in conjunction with obligations imposed or to be imposed in relation to England and Wales, likely to—acause detriment to the United Kingdom,badversely affect the ability of the United Kingdom to comply with an international agreement or arrangement in relation to climate change or energy efficiency, orcresult in costs incurred by suppliers that are not broadly equivalent in relation to England and Wales and in relation to Scotland,and the Scottish Ministers have failed to comply with a request made to them by the Secretary of State to make modifications specified by the Secretary of State.12In determining for the purposes of subsection (11), whether detriment is likely to be caused to the United Kingdom, considerations that the Secretary of State may take into account include the costs imposed on suppliers by virtue of obligations imposed or to be imposed by the Secretary of State under section 33BC or any provision made by the Scottish Ministers under that section.13A request by the Secretary of State to the Scottish Ministers for the purposes of subsection (11)—amust be in writing;bmust specify only modifications that appear to the Secretary of State to be necessary to prevent the effect mentioned in subsection (11)(a), (b) or (c);cmust specify the time within which the modifications are to be made, which must not be less than 2 months from the date of the request.<Addition ChangeId="key-15203f7c99741cc7ce60c23c89e27bfa-1508423785271" CommentaryRef="key-15203f7c99741cc7ce60c23c89e27bfa">Promotion of reductions in home-heating costs: gas transporters and gas suppliers</Addition>33BD1The Secretary of State may by order impose—aon each gas transporter (or each gas transporter of a specified description); andbon each gas supplier (or each gas supplier of a specified description),an obligation to achieve, within a specified period and in accordance with the order, the home-heating cost reduction target to be determined by the Administrator under the order for that transporter or supplier (and that obligation is referred to in this section as a “home-heating cost reduction obligation”).2In this section—a“the Administrator” means—ithe Authority; oriiif the order so provides, the Secretary of State or a specified body other than the Authority;b“home-heating cost reduction target” means a target for the promotion of measures for reducing the cost to individuals of heating their homes;c“specified” means specified in the order.3The power to make orders under this section may be exercised so as to impose more than one home-heating cost reduction obligation on a person in relation to the same period or to periods that overlap to any extent.4Subsections (3), (5) to (8), (9A) and (10A) to (12B) of section 33BC apply to an order under this section as they apply to an order under that section, with the following modifications—afor “carbon emissions reduction obligation” (in each place) substitute “ home-heating cost reduction obligation ”;bfor “carbon emissions reduction obligations” (in each place) substitute “ home-heating cost reduction obligations ”;cfor “carbon emissions reduction target” (in each place other than in paragraph (be) of subsection (5)) substitute “ home-heating cost reduction target ”;dfor “carbon emissions reduction targets” (in each place) substitute “ home-heating cost reduction targets ”; andeomit paragraph (a) of subsection (10A).5Subsections (4) and (9B) of section 33BC apply to the carrying out by the Secretary of State and the Administrator of their respective functions under this section as they apply to the carrying out by those persons of their functions under that section.6No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.<Addition ChangeId="key-d5cfe59914cd4d258aabb752938828cd-1535719724574" CommentaryRef="key-d5cfe59914cd4d258aabb752938828cd">Scottish Ministers' promotion of reductions in home-heating costs: gas suppliers</Addition>33BDA1Where the Secretary of State under section 33BD imposes on gas suppliers obligations to achieve a target within a specified period, the power to make orders under that section is exercisable by the Scottish Ministers for the purposes of those obligations imposed in relation to Scotland and not, except as provided by subsections (9) and (10), by the Secretary of State.2An obligation is imposed in relation to Scotland to the extent that measures to meet that obligation may be carried out in Scotland (disregarding any power to elect under section 103A of the Utilities Act 2000).3For the purposes of the exercise by the Scottish Ministers of the power to make an order under section 33BD, that section applies with the following modifications—afor subsection (1) there is substituted a power by order to specify how gas suppliers may meet their obligations to achieve the home-heating cost reduction target through measures carried out in Scotland;bsubsection (3) is omitted;csubsections (3), (5)(a), (7)(a) , (7C), (7E) and (10A) of section 33BC as applied by subsection (4) are omitted;din subsection (2)(a) at the beginning of sub-paragraph (ii) there is inserted “where the Secretary of State has apportioned the overall home-heating cost reduction target under section 103A(3A) of the Utilities Act 2000, and”;dain section 33BC(7F) as applied by subsection (4), for “order makes” is substituted “Secretary of State has made”;dbin section 33BC(7G) as applied by subsection (4), for “(7C)” is substituted “(7F)”;dcin section 33BC(7H) as applied by subsection (4), for “an order includes” is substituted “the Secretary of State has made”;ein section 33BC(11) as applied by subsection (4) “Citizens Advice” and “gas transporters” are omitted;fin section 33BC(12) as applied by subsection (4) for the words from “shall not be made” to the end is substituted “ is subject to the affirmative procedure ”;gin section 33BC(12A) as applied by subsection (4) for the words from “shall be subject to” to the end is substituted “ is subject to the negative procedure ”;hfor “Secretary of State” in each place (including any references in section 33BC that apply by virtue of subsection (4) other than in section 33BC(7D)(a)), is substituted “ Scottish Ministers ”.4The power of the Scottish Ministers under section 33BD does not include power to make provision in relation to the subject-matter of sections 88 to 90 of the Energy Act 2008 (smart meters).5Where an overall home-heating cost reduction target has been apportioned under section 103A(3A) of the Utilities Act 2000, the Scottish Ministers must—awhen making any order under section 33BD, comply with the duty in subsection (6), andbif the Secretary of State amends any order under that section, make any provision they think necessary, in consequence of the amendment, to comply with that duty.6The duty of the Scottish Ministers where subsection (5)(a) or (b) applies is to exercise their powers under section 33BD (subject to subsection (8)) in the way they think most likely to secure that the proportion of compliance costs that is represented by costs relating to Scotland is no greater than the proportion of the overall home-heating cost reduction target that is represented by the part of it apportioned to measures carried out in Scotland.7In subsection (6)—a“compliance costs” means the total costs to gas suppliers of complying with home-heating cost reduction obligations that, in relation to any period, are imposed by order under section 33BD, andb“costs relating to Scotland” means the total costs to gas suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland.8The Scottish Ministers may not make an order under section 33BD unless—athey have consulted the Secretary of State about the proposed order, andbthe Secretary of State has agreed to the order being made.9Subsection (1) does not prevent the Secretary of State from making provision under—asection 33BD(3),bsection 33BC(3), (5)(a) (7)(a), (7C) or (7E) as applied by section 33BD(4), orcsection 33BD(2)(a) where an overall home-heating cost reduction target has not been apportioned under section 103A(3A) of the Utilities Act 2000.10Subsection (1) does not prevent the Secretary of State from making any other provision under section 33BD or from varying or revoking an order made by the Scottish Ministers under that section—awith the agreement of the Scottish Ministers, orbwithout their agreement, if subsection (11) applies.11This subsection applies if it appears to the Secretary of State, in the case of obligations imposed in relation to Scotland (the “Scottish obligations”), taking into account any provision made by the Scottish Ministers, that the Scottish obligations are, alone or in conjunction with obligations imposed or to be imposed in relation to England and Wales, likely to—acause detriment to the United Kingdom,badversely affect the ability of the United Kingdom to comply with an international agreement or arrangement in relation to climate change or energy efficiency, orcresult in costs incurred by suppliers that are not broadly equivalent in relation to England and Wales and in relation to Scotland,and the Scottish Ministers have failed to comply with a request made to them by the Secretary of State to make modifications specified by the Secretary of State.12In determining for the purposes of subsection (11), whether detriment is likely to be caused to the United Kingdom, considerations that the Secretary of State may take into account include the costs imposed on suppliers by virtue of obligations imposed or to be imposed by the Secretary of State under section 33BD or any provision made by the Scottish Ministers under that section.13A request by the Secretary of State to the Scottish Ministers for the purposes of subsection (11)—amust be in writing;bmust specify only modifications that appear to the Secretary of State to be necessary to prevent the effect mentioned in subsection (11)(a), (b) or (c);cmust specify the time within which the modifications are to be made, which must not be less than 2 months from the date of the request.<Addition ChangeId="d29p88353"> Standards for promoting efficient use of gas.</Addition>33BB1The Director may, after consulting gas suppliers and persons or bodies appearing to him to be representative of persons likely to be affected, from time to time—adetermine such standards of performance in connection with the promotion of the efficient use of gas by consumers as, in his opinion, ought to be achieved by gas suppliers; andbarrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined.2Different standards may be determined for different gas suppliers if the Director is of the opinion that the differences are such that no gas supplier would be unduly disadvantaged in competing with other gas suppliers.3Each gas supplier shall, in such form and manner and with such frequency as the Director may direct, take steps to inform his customers of—athe standards determined under this section which are applicable to that supplier; andbthat supplier’s level of performance as respects those standards.<Addition ChangeId="d29p8736" CommentaryRef="c14424051">Information with respect to levels of performance.</Addition>33C1The Director shall from time to time collect information with respect to—athe compensation made by gas suppliers under section 33A above;bthe levels of overall performance achieved by gas suppliers in connection with the provision of gas supply services; . . .c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1AThe Authority shall from time to time collect information with respect to—athe compensation made by gas transporters under section 33AA;bthe levels of overall performance achieved by gas transporters.2At such times as the Director may direct, each gas supplier shall give the following information to the Director—aas respects each standard prescribed by regulations under section 33A above, the number of cases in which compensation was made and the aggregate amount or value of that compensation; andbas respects each standard determined under section 33B . . ., such information with respect to the level of performance achieved by the supplier as the Authority may direct.2AAt such times as the Authority may direct, each gas transporter shall give the following information to the Authority—aas respects each standard prescribed by regulations under section 33AA, the number of cases in which compensation was made and the aggregate amount or value of that compensation; andbas respects each standard determined under section 33BA, such information with respect to the level of performance achieved by the transporter as the Authority may direct.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p8876" CommentaryRef="c14424381"> Information to be given to customers about overall performance.</Addition>33D1The Authority may make regulations requiring such information as may be specified or described in the regulations about—athe standards of overall performance determined under section 33B or 33BA; andbthe levels of performance achieved as respects those standards,to be given by gas suppliers or gas transporters to customers or potential customers of gas suppliers.2Regulations under this section may include provision—aas to the form and manner in which and the frequency with which information is to be given; andbrequiring information about the matters mentioned in subsection (1)(a) or (b) and relating to gas transporters to be given by gas transporters to gas suppliers and by gas suppliers to their customers or potential customers.<Addition ChangeId="d29p8925" CommentaryRef="c14424391"> Publication of statistical information about standards of performance.</Addition>33DA1 It shall be the duty of both Citizens Advice and Citizens Advice Scotland to secure the publication, in such form and manner and with such frequency as the particular body thinks appropriate, of such statistical information as the particular body considers appropriate in relation to—athe levels of performance achieved by gas suppliers and gas transporters in respect of—istandards of performance prescribed or determined under sections 33A, 33AA, 33B and 33BA; andii carbon emissions reduction obligations imposed by order under section 33BC; andiiihome-heating cost reduction obligations imposed by order under section 33BD; andbcomplaints made by consumers about any matter relating to the activities of such suppliers or transporters and the handling of such complaints.1A Citizens Advice and Citizens Advice Scotland may comply with the duty in subsection (1) by publishing information jointly or by securing that information is published on behalf of both of them.2In subsection (1)(b) “complaints” includes complaints made directly to gas suppliers and gas transporters (or anyone carrying on activities on their behalf) and complaints to the Authority Citizens Advice or Citizens Advice Scotland .<Addition ChangeId="key-a5fdf9877db8d507f4f663e9ff4c53e4-1500631767760" CommentaryRef="key-a5fdf9877db8d507f4f663e9ff4c53e4">Information relating to complaints handling standards</Addition>33DB1This section applies in relation to standards prescribed by the Authority by regulations under section 43 of the Consumers, Estate Agents and Redress Act 2007 (standards for complaints handling) in relation to licence holders (or some of them).2The Authority must from time to time collect information with respect to the levels of compliance with the standards which those licence holders have achieved.3At such times as the Authority may direct, each of those licence holders must give the Authority such information as the Authority may direct with respect to the levels of compliance with the standards which the licence holder has achieved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33E<CommentaryRef Ref="c14424781"/><Addition ChangeId="d29p8986"> Service standards and remuneration</Addition><CommentaryRef Ref="c14424801"/><Addition ChangeId="d29p8986"> Remuneration and service standards.</Addition>33F1This section applies to any company which is authorised by a licence to carry on activities subject to price regulation.2As soon as reasonably practicable after the end of each financial year of the company it must make a statement to the Authority—adisclosing whether or not remuneration has been paid or become due during that financial year to the directors of the company as a result of arrangements falling within subsection (3); andbwhere such remuneration has been paid or become due, describing the arrangements and the remuneration.3Arrangements fall within this subsection if they are arrangements for linking the remuneration of the directors of the company to levels of performance as respects service standards in connection with activities subject to price regulation.4A description under subsection (2)(b) must include in particular—aa statement of when the arrangements were made;ba description of the service standards in question;can explanation of the means by which the levels of performance as respects those service standards are assessed; anddan explanation of how the remuneration was calculated.5The statement required by subsection (2) must also state—awhether or not there are in force in respect of the financial year during which the statement is made arrangements falling within subsection (3); orbif not, whether the company intends that such arrangements will be in force at some time during that financial year,and if there are, or it is intended that there will be, such arrangements in force the statement must describe those arrangements.6A description under subsection (5) must—ainclude in particular the matters listed in subsection (4)(a), (b) and (c); andbwhere the arrangements described are different from any arrangements described under subsection (2)(b), state the likely effect of those differences on the remuneration of each director of the company.7The statement required by subsection (2) must be made to the Authority in such manner as may be required by the Authority.8The statement required by subsection (2)—amust be published by the company making the statement in such manner as it reasonably considers will secure adequate publicity for it; andbmay be published by the Authority in such manner as it may consider appropriate.9The duty of a company under this section applies in respect of any person who has at any time been a director of the company.10In this section—“activities subject to price regulation”, in relation to any company, are activities for which—a maximum price which may be charged by the company, or a method for calculating such a maximum price; ora maximum revenue which may be received by the company, or a method for calculating such a maximum revenue,is determined by or under the licence granted under this Part; “company” means a company (as defined in section 1(1) of the Companies Act 2006) that—is limited by shares, andhas its registered office in Great Britain. “remuneration” in relation to a director of a company—means any form of payment, consideration or other benefit (including pension benefit), paid or due to or in respect of the director; andincludes remuneration in respect of any of his services while a director of the company;“service standards” in relation to any company, means standards relating to the quality of service received by customers or potential customers of the company, including any such standards which are—set by or under any conditions included in a licence granted under this Part;prescribed by the Authority in regulations made under section 33A and 33AA;determined by the Authority under section 33B or 33BA; orset or agreed to by the company. Other functions of Director General functions.341It shall be the duty of the Director, so far as it appears to him practicable from time to time, to keep under review the carrying on both within and outside Great Britain ofasuch activities as are mentioned in section 5(1) above or subsection (2A) below; andbactivities ancillary to such activities (including in particular the storage of gas, the provision and reading of meters and the provision of pre-payment facilities).2It shall also be the duty of the Director, so far as it appears to him practicable from time to time, to collect information with respect toathe carrying on of such activities as are mentioned in subsection (1) above; andbthe persons by whom such activities are carried on,with a view to his becoming aware of, and ascertaining the circumstances relating to, matters with respect to which his functions are exercisable.2AThe activities referred to in subsection (1)(a) are the matters specified in the following provisions of the Gas Directive as matters to be monitored—aArticle 26(3);bArticle 41(1)(g) to (k), (m), (n) , (r) and (t);cwhere a person is certified on the ground mentioned in subsection (5) of section 8G, Article 41(3)(a) and (b);d... andeArticle 41(9).2BFor the purposes of subsection (2A)(c), the reference to Article 41(3)(a) is to be read as if the reference in that provision to Article 41 were a reference to Article 41 as implemented in Great Britain immediately before IP completion day.3The Secretary of State may give general directions indicating—aconsiderations to which the Director should have particular regard in determining the priority in which matters are to be brought under review in the performance of his duty under subsection (1) or (2) above; andbconsiderations to which, in cases where it appears to the Director that any of his functions are exercisable, he should have particular regard in determining whether to exercise those functions.4It shall be the duty of the Director, where either he considers it expedient or he is requested by the Secretary of State or the CMA to do so, to give information, advice and assistance to the Secretary of State or the CMA with respect to any matter in respect of which any function of the Director or the Secretary of State. is exercisable.5The Authority shall have power to make agreements with the Health and Safety Executive for the Authority to perform on behalf of that Executive (with or without payment) any of the functions of that Executive.<Addition ChangeId="key-c1dff7cb93a2aae5d449b8dd4cf342bc-1508412947926" CommentaryRef="key-c1dff7cb93a2aae5d449b8dd4cf342bc">Power to require information </Addition><Addition ChangeId="key-c1dff7cb93a2aae5d449b8dd4cf342bc-1508412947926" CommentaryRef="key-c1dff7cb93a2aae5d449b8dd4cf342bc">etc</Addition><Addition ChangeId="key-c1dff7cb93a2aae5d449b8dd4cf342bc-1508412947926" CommentaryRef="key-c1dff7cb93a2aae5d449b8dd4cf342bc"> for the purpose of monitoring</Addition>34A1The Authority may, for the purpose of performing its duty under subsection (1)(a) or (b) of section 34 in relation to activities falling within subsection (2A) of that section, serve a notice under subsection (2) on any regulated person.2A notice under this subsection is a notice signed by the Authority which—arequires the person on whom it is served to produce, at a time and place specified in the notice, to the Authority any documents which are specified or described in the notice and are in that person’s custody or under that person’s control; orbrequires that person, if that person is carrying on a business, to furnish, at a time and place and in the form and manner specified in the notice, to the Authority such information as may be specified or described in the notice.3In paragraphs (a) and (b) of subsection (2) the reference to the Authority includes a reference to a person appointed by the Authority for the purpose of exercising the power in question.4Sections 28 to 30 have effect in relation to a person on whom a notice is served under subsection (2) as if references in those sections to a relevant requirement (other than the reference in section 28(8)) included references to a requirement of that notice.5A person who intentionally alters, suppresses or destroys any document or record of information which that person has been required to produce by a notice under subsection (2) is liable—aon summary conviction—iin England and Wales, to a fine not exceeding the statutory maximum;iiin Scotland, to a fine not exceeding £5,000; orbon conviction on indictment, to a fine.6The definition of “regulated person” in section 28(8) applies for the purposes of this section.<Addition ChangeId="d29p9287" CommentaryRef="c14424981"> Publication of advice and information about consumer matters.</Addition>351If it appears to the Authority that the publication of any advice and information would promote the interests of consumers in relation to gas conveyed through pipes, the Authority may publish that advice or information in such manner as it thinks fit.2In publishing advice or information under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.3Before deciding to publish under this section any advice or information relating to a particular individual or body of persons the Authority shall consult that individual or body.3A The CMA shall consult the Authority before publishing under section 6 of the Enterprise Act 2002 any information or advice which may be published by the Authority under this section.4In this section “consumers” includes both existing and future consumers. Keeping of register.361The Director shall keep a register of notifications and directions under paragraph 5 of Schedule 2A to this Act, exemptions granted under section 6A above to particular persons, licences under section 7, 7ZA , 7A , 7AA, 7AB or 7AC above , final and provisional orders and penalties imposed under section 30A(1) ... in such form as he may determine.2Subject to subsection (2A) and to any direction given under subsection (3) below, the Director shall cause to be entered in the register the provisions of—aevery notification or direction under paragraph 5 of Schedule 2A to this Act;bevery exemption granted under section 6A above to a particular person and every revocation of such exemption;cevery revocation ... of an exemption granted under that section to persons of a particular class and every direction under subsection (7) of that section;devery licence under section 7, 7ZA , 7A , 7AA, 7AB or 7AC above and every modification or revocation of, and every direction or consent given or determination made under, such a licence; andeevery final or provisional order, every revocation of such an order and every notice under section 28(6) above; and.fevery notice under section 30A(5).2AThe Authority may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as it considers it appropriate to exclude for the purpose of maintaining the confidentiality of—amatters relating to the affairs of an individual the publication of which would or might, in its opinion, seriously and prejudicially affect the interests of that individual; andbmatters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Authority’s opinion, seriously and prejudicially affect the interests of that body.3If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest or the commercial interests of any person, he may direct the Director not to enter that provision in the register.4The contents of the register must be shown on the Authority's website.5Any person may, on payment of such fee as may be prescribed by an order made by the Secretary of State , require the Director to supply to him a copy of or extract from any part of the register, certified by the Director to be a true copy or extract.6Any sums received by the Director under this section shall be paid into the Consolidated Fund.7In this section “final order” and “provisional order” have the same meanings as in section 28 above.<CommentaryRef Ref="c14425761"/><Addition ChangeId="d29p9457"> Functions with respect to competition.</Addition>36A1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2The functions to which subsection (2A) below applies shall be concurrent functions of the Authority and the CMA.2AThis subsection applies to the functions of the CMA under Part 4 of the Enterprise Act 2002 (other than sections 166 , 167C , 171 and 174E) so far as those functions— aare exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), andbrelate to commercial activities connected with the carrying on of activities to which this subsection applies.2BSo far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above— areferences in Part 4 of the Act of 2002 to the CMA (including references in provisions of that Act applied by that Part) shall be construed as including references to the Authority (except in sections 166 , 167C , 171 and 174E of that Act and in any other provision of that Act where the context otherwise requires); breferences in that Part to section 5 of the Act of 2002 are to be construed as including references to section 34(1) and (2) of this Act.2CSection 130A of the Enterprise Act 2002 is to have effect in its application in relation to the Authority by virtue of subsections (2) and (2A)—aas if for subsection (1) of that section there were substituted—1Where the Gas and Electricity Markets Authority—ais proposing to carry out its functions under section 34(1) or (2) of the Gas Act 1986 in relation to a matter for the purposes mentioned in subsection (2), andbconsiders that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,the Authority must publish a notice under this section (referred to in this Part as a “market study notice”)., andbas if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the carrying on of activities to which section 36A(2A) of the Gas Act 1986 applies”.3The Authority shall be entitled to exercise, concurrently with the CMA, the functions of the CMA under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) and 51), so far as relating to—aagreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,bconduct of the kind mentioned in section 18(1) of that Act, or ctransferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),which relate to the carrying on of activities to which this subsection applies.3ASo far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 (including references in provisions of the Enterprise Act 2002 applied by that Part) to the CMA are to be read as including a reference to the Director ( except in sections 31D(1) to (6) , 35C, 38(1) to (6), 40B(1) to (4), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).4Subsections (2A) and (3) above apply to—asuch activities as are mentioned in section 5(1) above; andbactivities ancillary to such activities as are so mentioned (including in particular the storage of gas, the provision and reading of meters and the provision of pre-payment facilities).5Before the CMA or the Authority first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, it shall consult the other.5ANeither the CMA nor the Authority shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.6It shall be the duty of the Director, for the purpose of assisting a CMA group in carrying out an investigation on a market investigation reference made by the Authority (under section 131 of the Act of 2002) by virtue of subsection (2) . . . above, to give to the group —aany information which is in his possession and which relates to matters falling within the scope of the investigation and—iis requested by the group for that purpose; oriiis information which in his opinion it would be appropriate for that purpose to give to the group without any such request; andbany other assistance which the group may require and which it is within his power to give, in relation to any such matters,and the group shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.6AIn subsection (6) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.7If any question arises as to whether subsection (2) or (3) above applies to any particular case, that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—a Part 4 of the Enterprise Act 2002; orbPart I of the Competition Act 1998 ( other than sections 31D(1) to (6) , 35C , 38(1) to (6) , 40B(1) to (4) and 51),by or in relation to the Director on the ground that it should have been done by or in relation to the CMA .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10Any reference in this Part to functions of the Director under this Part, or to functions assigned to him by or under this Part, includes a reference to functions exercisable by the Authority by virtue of subsection (2) or (3) above ..11In making any decision, or otherwise taking action, for the purposes of any of its functions that—aby virtue of this section, are functions exercisable concurrently with the CMA, andbin the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.<Addition ChangeId="d29p9688" CommentaryRef="c14426241"> Functions with respect to gas measuring equipment </Addition><Addition ChangeId="d29p9688" CommentaryRef="c14426241">etc.</Addition>36B1If and to the extent that the Secretary of State so directs, the functions of the Secretary of State under section 6 of the Weights and Measures Act 1985 (testing of standards and equipment) so far as relating to—aany article used or proposed to be used as a standard of a unit of measurement in relation to gas;bany measuring equipment, or other metrological equipment, for use in relation to gas; orcany article for use in connection with any such equipment,shall be exercisable by the Director concurrently with the Secretary of State; and references in that section to the Secretary of State shall be construed accordingly.2Any sums received by the Director by virtue of this section shall be paid into the Consolidated Fund.<Addition ChangeId="key-fb8bda44b08b548a622ba151916a316e-1508184478333" CommentaryRef="key-fb8bda44b08b548a622ba151916a316e">Power to direct a modification of the UNC</Addition>36C1The Authority may direct the operator of the gas National Transmission System to make a modification to which this section applies and which is specified in the direction to the Uniform Network Code.2This section applies to a modification—awhich relates to the arrangements contained in the Code in respect of a Gas Supply Emergency, andbwhich the Authority considers is a market-based modification.3The Authority may give a direction under this section only if it considers that the modification will do either or both of the following—adecrease the likelihood of a Gas Supply Emergency occurring;bdecrease the duration or severity of a Gas Supply Emergency which occurs.4In the exercise of the power under this section the Authority must have regard to the purposes of Standard Special Condition A11 of licences granted under section 7 of this Act.5For the purposes of subsection (2), a modification is “market-based” if it relates to the creation of financial incentives for gas shippers or gas transporters.6Before giving a direction under this section the Authority must consult such persons as it considers appropriate.7In this section—“Gas Supply Emergency” and “National Transmission System” have the meaning given by the Uniform Network Code;“the Uniform Network Code” means the document of that title required to be prepared pursuant to Standard Special Condition A11 of licences granted under section 7 of this Act.<Addition ChangeId="d29p9732" CommentaryRef="c14426311"> Maximum prices for reselling gas.</Addition>371The Director may from time to time direct that the maximum prices at which gas supplied by authorised suppliers may be resold—ashall be such as may be specified in the direction; orbshall be calculated by such method and by reference to such matters as may be so specified,and shall publish directions under this section in such manner as in his opinion will secure adequate publicity for them.2A direction under this section may—arequire any person who resells gas supplied by a an authorised supplier to furnish the purchaser with such information as may be specified or described in the direction; andbprovide that, in the event of his failing to do so, the maximum price applicable to the resale shall be such as may be specified in the direction, or shall be reduced by such amount or such percentage as may be so specified.3Different directions may be given under this section as respects different classes of cases, which may be defined by reference to areas or any other relevant circumstances.4If any person resells any gas supplied by a an authorised supplier at a price exceeding the maximum price determined by or under a direction under this section and applicable to the resale—athe amount of the excess; andbif the direction so provides, interest on that amount at a rate specified or described in the direction,shall be recoverable by the purchaser.5Nothing in this section shall apply in relation to the resale of gas for use in a motor vehicle which is constructed or adapted to use gas as fuel for its propulsion. Power to require information etc.381Where it appears to the Authoritythat a regulated person may be contravening, or may have contravened, any relevant condition or requirement or may be failing, or may have failed, to achieve any standard of performance prescribed under section 33A or 33AA,, the Authoritymay, for any purpose connected with the exercise of its functions under section 28 or 30A to 30O in relation to that matter, by notice in writing—arequire any person to produce, at a time and place specified in the notice, to the Authorityor to any person appointed by it for the purpose, any documents which are specified or described in the notice and are in that person’s custody or under his control; orbrequire any person carrying on any business to furnish to the Authoritysuch information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished;. . .1AWhere a licence has been or is to be revoked or suspended, or has expired or is about to expire by effluxion of time, and it appears to the Director, having regard to the duties imposed by section 4AA, 4AB or 4A, to be requisite or expedient to do so for any purpose connected with the revocation, suspension or expiry, the Director may, with the consent of the Secretary of State, by notice signed by him—arequire the regulated person to produce, at a time and place specified in the notice, to the Director, or to any person so specified, any records which are specified or described in the notice and are in the licence holder’s custody or under his control; orbrequire the regulated person to furnish to the Director, or to any person specified in the notice, such information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished.1BNo person shall be compelled for any such purpose as is mentioned in subsection (1) or (1A) above to produce any documents or records which he could not be compelled to produce in civil proceedings before the court or, in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in such proceedings.2A person who without reasonable excuse fails to do anything duly required of him by a notice under subsection (1) or (1A)above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.3A person who intentionally alters, suppresses or destroys any document or recordswhich he has been required by any such notice to produce shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.4If a person makes default in complying with a notice under subsection (1) or (1A)above, the court may, on the application of the Director, make such order as the court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.5In this section—“relevant condition” and “relevant requirement” have the same meanings as in section 28 above;“the court” has the same meaning as in section 30 above.<Addition ChangeId="d29p9985" CommentaryRef="c14426811">Reasons for decisions.</Addition>38A1This section applies to the following decisions of the Authority or the Secretary of State, namely—athe revocation of a licence;bthe modification of the conditions of a licence;cthe giving of any directions or consent in pursuance of a condition included in a licence by virtue of section 7B(5)(a)(i) or (ii);dthe determination of a question referred in pursuance of a condition included in a licence by virtue of section 7B(5)(a)(iii);ethe determination of a dispute referred under section 27A(1);eathe giving of a direction under section 36C;fthe making of a final order, the making or confirmation of a provisional order or the revocation of a final order or of a provisional order which has been confirmed.2As soon as reasonably practicable after making such a decision the Authority or the Secretary of State shall publish a notice stating the reasons for the decision in such manner as it or he considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be interested.3The Authority shall send a copy of a notice published in respect of a decision mentioned in paragraph (a), (b), (c), (d) or (f) of subsection (1) to the licence holder to whose licence, or to whom, the decision relates.4In preparing a notice under subsection (2) the Authority or the Secretary of State shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where it or he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body.5This section does not apply to a decision resulting in any provision which the Secretary of State has under section 36(3) directed the Authority not to enter in the register required to be kept under that section.6In this section “final order” and “provisional order” have the same meanings as in section 28.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 Other functions of Council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41<Addition ChangeId="d29p10109" CommentaryRef="c14427041"> Adjustment of charges</Addition> Adjustment of charges to help disadvantaged groups of customers.41A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orders: supplementary.41B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p10307" CommentaryRef="c14427131"> Alteration of activities requiring licence</Addition><Addition ChangeId="d29p10312" CommentaryRef="c14427161"> Power to alter activities requiring licence.</Addition>41C1The Secretary of State may by order provide—athat specified activities are to become licensable activities; orbthat specified activities are to cease to be licensable activities.2For the purposes of this Part activities are licensable activities if undertaking them without the authority of a licence or exemption constitutes an offence under section 5(1).3An order under this section may make consequential, transitional, incidental or supplementary provision including—aamendments (or repeals) in any provision of this Act or any other enactment; andbprovision modifying any standard conditions of licences or (in the case of an order under subsection (1)(a)) provision determining the conditions which are to be standard conditions for the purposes of licences authorising the undertaking of activities which are to become licensable activities.4An order under this section may only provide for activities to become licensable activities if they are activities connected with—athe conveyance of gas through pipes to premises or to pipe-line systems operated by gas transporters;aaparticipation in the operation of a gas interconnector;bthe supply to premises of gas conveyed through pipes; ...carranging with gas transporters for gas to be introduced into, conveyed by means of or taken out of pipe-line systems operated by the gas transporters; ordthe provision of a smart meter communication service.4AFor the purposes of subsection (4), activities connected with the supply of gas include the following activities, whether or not carried on by a person supplying gas—agiving advice, information or assistance in relation to contracts for the supply of gas to persons who are or may become customers under such contracts, andbthe provision of any other services to such persons in connection with such contracts.5An order under this section providing for activities to become licensable activities may only be made on the application of the Authority made in accordance with section 41D.6An order under this section providing for activities to cease to be licensable activities may be made either—aon the application of the Authority made in accordance with section 41G; orbfollowing consultation by the Secretary of State in accordance with section 41H.7An order under this section may provide that it is to remain in force only for a period specified in the order.8An order shall not be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.<Addition ChangeId="d29p10425" CommentaryRef="c14427181"> Application by Authority for order including new activities.</Addition>41D1If the Authority proposes to make an application for an order providing for activities to become licensable activities, it shall give notice—astating that it proposes to make an application for an order providing for the activities to become licensable activities;bsetting out the conditions which it would expect such an order to determine to be standard conditions for the purposes of licences authorising the undertaking of the activities and any other conditions which it would expect to be included in such licences; andcspecifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,and shall consider any representations or objections which are duly made and not withdrawn.2The notice shall be given by serving a copy on Citizens Advice and Consumer Scotland and by publishing it in such manner as the Authority considers appropriate for bringing it to the attention of—apersons appearing to it to be carrying on, or be intending to carry on, the activities; andbany other persons appearing to it to be likely to be affected by an order providing for the activities to become licensable activities.3If an objection has been duly made (and not withdrawn) by a person who is carrying on or intends to carry on the activities, the Authority shall, before making the application, make a reference under section 41E to the CMA.4In any other case where the Authority considers it appropriate to make a reference to the CMA under section 41E before making the application, the Authority may make such a reference.5If a reference is made to the CMA, the application shall not be made unless the CMA has reported on the reference that the fact that the activities to which the application relates are not licensable activities operates, or may be expected to operate, against the public interest.6The application shall set out—athe activities which the Authority considers should become licensable activities; andbthe conditions which the Authority would expect to be determined to be standard conditions for the purposes of licences authorising the undertaking of the activities in question and any other conditions which the Authority would expect to be included in such licences.7The functions of the CMA with respect to a reference under section 41E (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 41EB) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.<Addition ChangeId="d29p10515" CommentaryRef="c14427211"> References to </Addition><Addition ChangeId="d29p10515" CommentaryRef="c14427211"><Substitution ChangeId="key-48cd2b194aa06b13fb2998b812fb175b-1508611648349" CommentaryRef="key-48cd2b194aa06b13fb2998b812fb175b">CMA</Substitution></Addition><Addition ChangeId="d29p10515" CommentaryRef="c14427211"> .</Addition>41E1A reference to the CMA under this section shall require the CMA to investigate and report on whether the fact that the activities specified in the reference are not licensable activities operates, or may be expected to operate, against the public interest.2The Authority may, at any time, by notice given to the CMA vary the reference by adding to the activities specified in the reference or by excluding from the reference some of the activities so specified; and on receipt of such notice the CMA shall give effect to the variation.3The Authority shall specify in the reference, or a variation of the reference, for the purpose of assisting the CMA in carrying out the investigation on the reference—athe conditions which the Authority would expect to be determined to be standard conditions for the purposes of licences authorising the undertaking of the activities specified in the reference and any other conditions which the Authority would expect to be included in such licences; andbany effects adverse to the public interest which, in its opinion, the fact that the activities so specified are not licensable activities has or may be expected to have.4As soon as practicable after making the reference, or a variation of the reference, the Authority shall serve a copy of it on Citizens Advice and Consumer Scotland and publish particulars of it in such manner as the Authority considers appropriate for bringing it to the attention of—apersons appearing to the Authority to be carrying on, or be intending to carry on, the activities specified in it; andbany other persons appearing to the Authority to be likely to be affected by it.5The Authority shall, for the purpose of assisting the CMA in carrying out the investigation on the reference, give to the CMA—aany information which is in its possession and which relates to matters falling within the scope of the investigation, and which is either requested by the CMA for that purpose or is information which in its opinion it would be appropriate for that purpose to give to the CMA without any such request; andbany other assistance which the CMA may require, and which it is within its power to give, in relation to any such matters,and the CMA shall take account of the information for the purpose of carrying out the investigation.6In determining for the purposes of this section whether the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, the CMA shall have regard to—athe matters referred to in section 4AA;bany social or environmental policies set out or referred to in guidance issued under section 4AB; andcany advice given by the Health and Safety Executive under section 4A (advice about health and safety in relation to gas).7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <Addition ChangeId="key-d8821e43acb1278762f1743ad00e7349-1499764129717" CommentaryRef="key-d8821e43acb1278762f1743ad00e7349">References under section 41E: time limits</Addition>41EA1Every reference under section 41E above shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.2A report of the CMA on a reference under section 41E above shall not have effect (in particular for the purposes of section 41D(5) above) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Authority under subsection (3) below.3The Authority may, if it has received representations on the subject from the CMA and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.4No more than one extension is possible under subsection (3) above in relation to the same reference.5The Authority shall publish an extension under subsection (3) above in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it. <Addition ChangeId="key-d8821e43acb1278762f1743ad00e7349-1499764244311" CommentaryRef="key-d8821e43acb1278762f1743ad00e7349">References under section 41E: application of Enterprise Act 2002</Addition>41EB1The following sections of Part 3 of the Enterprise Act 2002 shall apply, as they had effect immediately before the relevant date and with the modifications mentioned in subsections (1A), (2) and (3) below, for the purposes of references under section 41E above as they applied immediately before that date for the purposes of references under that Part—asection 109 (attendance of witnesses and production of documents etc.);bsection 110 (enforcement of powers under section 109: general);csection 111 (penalties);dsection 112 (penalties: main procedural requirements);esection 113 (payments and interest by instalments);fsection 114 (appeals in relation to penalties);gsection 115 (recovery of penalties); andhsection 116 (statement of policy).1ASection 109 shall, in its application by virtue of subsection (1) above, have effect as if—afor subsection (A1), there were substituted—A1For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under section 41E of the Gas Act 1986., andbsubsection (8A) were omitted.2Section 110 shall, in its application by virtue of subsection (1) above, have effect as if—asubsection (2) were omitted; ...aaafter subsection (3), there were inserted—3ANo penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.; andbin subsection (9) the words from “or section” to “section 65(3))” were omitted.3Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—iiif earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period..4Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply , as it had effect immediately before the relevant date, in relation to functions of the CMA in connection with references under section 41E above as it applied immediately before that date in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2) — athe words “, OFCOM or the Secretary of State” were omitted; andbfor the words “their functions” there were substituted “ its functions ”.5Provisions of Part 3 of the Enterprise Act 2002 which , immediately before the relevant date, had effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (1) or (4) above, have effect in relation to those sections as applied by virtue of those subsections as those provisions had effect immediately before that date.6Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.7In this section “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.<Addition ChangeId="d29p10851" CommentaryRef="c14427501"> Reports on references.</Addition>41F1In making a report on a reference under section 41E, the CMA shall include in the report definite conclusions on whether the fact that the activities specified in the reference (or the reference as varied) are not licensable activities operates, or may be expected to operate, against the public interest.2The CMA shall also include in the report such an account of its reasons for those conclusions as in its opinion is expedient for facilitating proper understanding of the questions raised by the reference and of its conclusions.3Where the CMA concludes that the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, it shall specify in the report—athe effects adverse to the public interest which that fact has or may be expected to have; andbany modifications to the conditions specified in the reference in accordance with section 41E(3)(a) which they consider appropriate.3AFor the purposes of section 41D(5), a conclusion contained in a report of the CMA is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference .3BIf a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 41E as the conclusions of the CMA, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.4For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the CMA on a reference under section 41E.4AIn making any report on a reference under section 41E the CMA must have regard to the following considerations before disclosing any information.4BThe first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest.4CThe second consideration is the need to exclude from disclosure (so far as practicable)—acommercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the undertaking to which it relates, orbinformation relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual’s interests.4DThe third consideration is the extent to which the disclosure of the information mentioned in subsection (4C)(a) or (b) is necessary for the purposes of the report.5A report of the CMA on a reference under section 41E shall be made to the Authority.6On receiving the report, the Authority shall send a copy of it to the Secretary of State.7Subject to subsection (8), the Authority shall, not less than 14 days after the copy is received by the Secretary of State, send a copy of the report to Citizens Advice and Consumer Scotland and publish the copy sent to Citizens Advice and Consumer Scotland in such manner as the Authority considers appropriate for bringing the report to the attention of persons likely to be affected by it.8If it appears to the Secretary of State that the publication of any matter in the report would be against the public interest or the commercial interests of any person, he may, before the end of the period of 14 days mentioned in subsection (7), direct the Authority to exclude that matter from the copy of the report to be sent to Citizens Advice and Consumer Scotland and published under that subsection.<Addition ChangeId="d29p10923" CommentaryRef="c14427601"> Application by Authority for order excluding activities.</Addition>41G1Before making an application for an order providing for activities to cease to be licensable activities the Authority shall give notice—astating that it proposes to make an application for an order providing for the activities to cease to be licensable activities; andbspecifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,and shall consider any representations or objections duly made and not withdrawn.2The notice shall be given—aby serving a copy on the Secretary of State, the Health and Safety Executive , Citizens Advice and Consumer Scotland; andbby publishing it in such manner as the Authority considers appropriate for bringing it to the attention of persons likely to be affected by such an order.3An application under this section shall set out—athe activities which the Authority considers should cease to be licensable activities; andbthe Authority’s reasons for proposing that the order be made.<Addition ChangeId="d29p10989" CommentaryRef="c14427631"> Consultation by Secretary of State about order excluding activities.</Addition>41H1If the Secretary of State proposes to make an order providing for activities to cease to be licensable activities (otherwise than on an application by the Authority under section 41G), he shall give notice—astating that he proposes to make an order providing for the activities to cease to be licensable activities; andbspecifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,and shall consider any representations or objections duly made (and not withdrawn).2The notice shall be given—aby serving a copy on the Authority, the Health and Safety Executive , Citizens Advice and Consumer Scotland; andbby publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by such an order.<Addition ChangeId="key-56bbd0ced321afc8feb5d978f9725505-1500633332276" CommentaryRef="key-56bbd0ced321afc8feb5d978f9725505">New licensable activities: smart meters</Addition>41HA1The Secretary of State may by order amend this Part so as to provide—afor one or more activities within subsection (3) to be added to the activities which are licensable activities, orbwhere an order has previously been made under paragraph (a) in relation to an activity, for the activity to cease to be a licensable activity.2For the purposes of this Part activities are licensable activities if undertaking them without the authority of a licence or exemption constitutes an offence under section 5(1).3The activities within this subsection are activities connected with the provision, installation or operation of relevant meters, including the provision or installation of infrastructure, or the provision of services, in connection with the communication of information by or to such meters.4In this section—a“relevant meter” means a meter of a kind prescribed by the order;ba reference to a meter includes a reference to a visual display unit, or any other device, associated with or ancillary to a meter.5An order under this section may make consequential, transitional, incidental or supplementary provision, including—aamendments (or repeals) in any provision of this Act or any other enactment;bin the case of an order under subsection (1)(a), provision determining the conditions which are to be standard conditions for the purposes of licences authorising the undertaking of the activities;cprovision modifying any standard conditions of licences.6Without prejudice to the generality of subsections (1) and (5), an order under this section may also make provision—afor licences to authorise the holder to carry out the licensable activities in any area, or only in an area specified in the licence;benabling the terms of the licence to be modified so as to extend or restrict the area in which the licence holder may carry on the licensable activities;cspecifying that a licence, and any modification of a licence, must be in writing;dfor a licence, if not previously revoked, to continue in force for such period as may be specified in or determined by or under the licence;econferring functions on the Secretary of State or the Authority.7An order under this section may provide that it is to remain in force only for the period specified in the order.<Addition ChangeId="key-56bbd0ced321afc8feb5d978f9725505-1500633332276" CommentaryRef="key-56bbd0ced321afc8feb5d978f9725505">Section 41HA: supplemental</Addition>41HB1Before making an order under section 41HA, the Secretary of State must consult—athe Authority, andbsuch other persons as the Secretary of State thinks appropriate.2The power to make such an order may not be exercised after 1 November 2028.3An order under section 41HA may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.4Subsections (1) to (3) of section 47 apply in relation to orders under section 41HA as they apply in relation to regulations under this Part.<Addition ChangeId="key-56bbd0ced321afc8feb5d978f9725505-1500633332276" CommentaryRef="key-56bbd0ced321afc8feb5d978f9725505">Competitive tenders for licences for new licensable activities</Addition>41HC1The Secretary of State may by regulations make provision for a determination on a competitive basis of the person to whom a licence in respect of new licensable activities is to be granted.2In this section “new licensable activities” means one or more activities which are the subject of an order under section 41HA(1)(a).3The regulations may—aprovide for the determination to be made by the Secretary of State or the Authority;bprovide, in prescribed cases, for the publication of a proposal to grant a licence in respect of the new licensable activities;cprovide for the inclusion in such a proposal of an invitation to apply for such a licence;dimpose conditions in relation to the making of an application for a licence;eimpose restrictions in relation to persons who may apply for a licence;fimpose requirements as to the period within which applications must be made;gmake provision for regulating the manner in which applications are to be considered or determined;hauthorise or require the Secretary of State or the Authority, when determining to whom a licence is to be granted, to have regard to the person's suitability for being granted both the licence and an electricity licence;iconfer on the Authority or the Secretary of State functions in connection with tender exercises.4The regulations may also include provision—aenabling the Secretary of State or the Authority to require prescribed persons, in relation to a tender exercise, to make payments, in the form and manner prescribed, in respect of tender costs;babout the effect on a person's participation in the tender exercise of a failure to comply with a requirement imposed by virtue of paragraph (a), and the circumstances in which the tender exercise is to stop as a result of such a failure.5In this section—“electricity licence” means a licence for an activity to which an order under section 56FA(1)(a) of the Electricity Act 1989 applies;“prescribed” means prescribed in or determined under regulations under this section;“tender costs”, in relation to a tender exercise, means any costs incurred or likely to be incurred by the Authority or the Secretary of State for the purposes of the exercise;“tender exercise” means the steps taken in accordance with regulations with a view to determining to whom a particular licence is to be granted.6Any sums received by the Secretary of State or the Authority under regulations made by virtue of this section are to be paid into the Consolidated Fund.<Addition ChangeId="d29p11038" CommentaryRef="c14427651"> Service by Authority of certain notices on </Addition><Addition ChangeId="d29p11038" CommentaryRef="c14427651"><Substitution ChangeId="key-47dbbbdda351683acf9f92d2ce21f53a-1508611873002" CommentaryRef="key-47dbbbdda351683acf9f92d2ce21f53a">Citizens Advice</Substitution></Addition><Addition ChangeId="d29p11038" CommentaryRef="c14427651"><Substitution ChangeId="key-47dbbbdda351683acf9f92d2ce21f53a-1508611873002" CommentaryRef="key-47dbbbdda351683acf9f92d2ce21f53a"> and </Substitution></Addition> <Addition ChangeId="d29p11038" CommentaryRef="c14427651"><Substitution ChangeId="key-47dbbbdda351683acf9f92d2ce21f53a-1508611873002" CommentaryRef="key-47dbbbdda351683acf9f92d2ce21f53a"><Substitution ChangeId="key-04f91f112b3118b9ac2bc2fc3571377f-1645201400492" CommentaryRef="key-04f91f112b3118b9ac2bc2fc3571377f">Consumer Scotland</Substitution></Substitution></Addition><Addition ChangeId="d29p11038" CommentaryRef="c14427651">.</Addition>41IWhere the Authority is required by any provision of this Part to publish a notice or any other document, the Authority shall send a copy of the document to Citizens Advice and Consumer Scotland. Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 Making of false statements etc.431If any person, in giving any information or making any application for the purposes of any provision of this Part, or of any regulation made under any provision of this Part, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.1AAny person who with intent to deceive—aimpersonates an officer of a gas transporter, gas supplier or gas shipper for the purpose of obtaining entry to any premises; orbfor that purpose makes any statement or does any act calculated falsely to suggest that he is an officer, or an authorised officer, of such a transporter, supplier or shipper,shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.2Proceedings for an offence under subsection (1) above shall not in England and Wales be instituted except by or with the consent of the Secretary of State or the Director of Public Prosecutions. Compensation to chairmen and officers of Consumers’ Councils.441The Secretary of State may pay—ato the person who immediately before the appointed day is the chairman of the National Gas Consumers’ Council; andbto the persons who immediately before that day are the chairmen of the Regional Gas Consumers’ Councils,such sums by way of compensation for loss of office or loss or diminution of pension rights as the Secretary of State may with the approval of the Treasury determine.2The Secretary of State may also pay to persons who immediately before the appointed day were officers of any of the Councils mentioned in subsection (1) above such sums by way of compensation for loss of employment, or loss or diminution of remuneration or pension rights, as the Secretary of State may with the approval of the Treasury determine.3Any sums required by the Secretary of State for the purposes of this section shall be paid out of money provided by Parliament. Supplemental Offences by bodies corporate.451Where a body corporate is guilty of an offence under this Part and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.2Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. Service of notices etc.461. . .Any notice or other document required or authorised to be given, delivered or served under this Part or regulations made under this Part may be given, delivered or served either—aby delivering it to the person to whom it is to be given or delivered or on whom it is to be served;bby leaving it at the usual or last known place of abode of that person;cby sending it in a prepaid letter addressed to that person at his usual or last known place of abode;din the case of a body corporate, by delivering it to the secretary or clerk of the body at their registered or principal office, or sending it in a prepaid letter addressed to the secretary or clerk of the body at that office; oreif it is not practicable after reasonable inquiry to ascertain the name or address of a person to whom it should be given or delivered, or on whom it should be served, as being a person having any interest in premises, by addressing it to him by the description of the person having that interest in the premises (naming them) to which it relates and delivering it to some responsible person on the premises, or affixing it or a copy of it to some conspicuous part of the premises.1AIn the case of a notice or other document required or authorised to be given, delivered or served under this Part, or regulations made under this Part, by the Authority or the Secretary of State, that notice or document may also be given, delivered or served by electronic means if the conditions in subsection (1B) are met.1BThe conditions in this subsection are that—athe person to whom the notice or other document is to be given or delivered or on whom it is to be served has indicated to the Authority or the Secretary of State (as the case may be) the person’s willingness to receive by electronic means notices or documents of that description (and has not withdrawn that indication); andbthe notice or document is sent to the number or address most recently specified by the person for that purpose.1CAn indication for the purposes of subsection (1B)—amust be given in such manner and include such information as the Authority or the Secretary of State (as the case may be) directs; andbmay be withdrawn by an indication given in such manner as the Authority or the Secretary of State (as the case may be) directs.1DWithdrawal of an indication given for the purposes of subsection (1B) takes effect at the beginning of the fifth working day after the day on which the Authority or the Secretary of State (as the case may be) receives the indication withdrawing it.1EA notice or other document which is given, delivered or served in accordance with subsection (1A) is to be treated as having been given, delivered or served on the next working day after the day on which it is sent.2Without prejudice to subsection (1) or (1A) above, where this subsection applies in relation to a gas transporter or gas supplier, any notice to be given to or served on the transporter or supplier under—aany condition of his licence;bany provision of Schedule 2B to this Act; orcin the case of a transporter, section 10 above,may be given or served by delivering it at, or sending it in a prepaid letter to, an appropriate office of the transporter or supplier.3Subsection (2) above applies in relation to a gas transporter if he divides any authorised area of his into such areas as he thinks fit and—ain the case of each area, fixes offices of his which are to be appropriate offices in relation to notices relating to matters arising in that area; andbpublishes in each area, in such manner as he considers adequate, the addresses of the offices fixed by him for that area.4Subsection (2) above applies in relation to a gas supplier if he divides the premises specified in his licence into such areas as he thinks fit and—ain the case of each area, fixes offices of his which are to be appropriate offices in relation to notices relating to matters arising in that area;bpublishes in each area, in such manner as he considers adequate, the addresses of the offices fixed by him for that area; andcendorses on every demand note for gas charges payable to him the addresses of the offices fixed for the area in question.5In this section—areferences to premises specified in a licence include references to premises of a description, or situated in an area, so specified;b“working day” means any day other than—iSaturday or Sunday;iiChristmas Day or Good Friday;iiia day which is a bank holiday in England and Wales or Scotland under the Banking and Financial Dealings Act 1971. Provisions as to regulations.471Regulations made under any provision of this Part may provide for the determination of questions of fact or of law which may arise in giving effect to the regulations and for regulating (otherwise than in relation to any court proceedings) any matters relating to the practice and procedure to be followed in connection with the determination of such questions, including provision—aas to the mode of proof of any matter;bas to parties and their representation;cfor the right to appear before and be heard by the Secretary of State, the Director and other authorities; anddas to awarding costs or expenses of proceedings for the determination of such questions, determining the amount thereof and the enforcement of awards thereof.2Regulations made under any provision of this Part which prescribe a period within which things are to be done may provide for extending the period so prescribed.3Regulations made under any provision of this Part may—aaprovide for anything falling to be determined under the regulations to be determined—iby the Director or by such other person as may be prescribed by the regulations; andiiin accordance with such procedure and by reference to such matters and to the opinion of such persons as may be so prescribed;amake different provision for different areas or in relation to different cases or different circumstances; andbprovide for such exceptions, limitations and conditions, and make such supplementary, incidental or transitional provision, as the Secretary of State or, as the case may be, the Director considers necessary or expedient.4Regulations made under any provision of this Part may provide that any person contravening the regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.5Proceedings for an offence under any regulations made under any provision of this Part shall not in England and Wales be instituted except by or with the consent of the Secretary of State , the Director or the Director of Public Prosecutions.6In any proceedings against any person for an offence under any regulations made under any provision of this Part, it shall be a defence for that person to show—athat he was prevented from complying with the regulations by circumstances not within his control; orbthat circumstances existed by reason of which compliance with the regulations would or might have involved danger to the public and that he took all such steps as it was reasonable for him to take both to prevent the circumstances from occurring and to prevent them from having that effect.7Any power to make regulations conferred by this Part on the Secretary of State or the Authority shall be exercisable by statutory instrument.8Any statutory instrument containing regulations under this Part made by the Secretary of State shall, except as otherwise provided by this Act, be subject to annulment in pursuance of a resolution of either House of Parliament. Interpretation of Part I and savings.481In this Part, unless the context otherwise requires— “the Agency” means the Agency for the Cooperation of Energy Regulators established under the Agency Regulation; “the Agency Regulation” means Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast), and “predecessor”, in relation to that Regulation, means Regulation (EC) 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators; “associated undertaking”, in relation to a person (“person A”), means a person who—has control of person A; oris under the control of a person who controls person A,and sections 450 and 451(1) to (3) of the Corporation Tax Act 2010 (meaning of “control”) apply, with any necessary modifications, for the purposes of this definition as they apply for the purposes of Part 10 of that Act; “authorised area”, in relation to a gas transporter, has the meaning given by section 7(2) above;“authorised supplier” means a person authorised by a licence or exemption to supply to any premises gas which has been conveyed to those premises through pipes;“authorised transporter” means a person authorised by a licence or exemption to convey gas through pipes to any premises or to a pipe-line system operated by a gas transporter;“calorific value” has the meaning given by section 12(2) above;“ the CMA ” means the Competition and Markets Authority; “code manager licence” means a licence under section 7AC; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“declared calorific value” has the meaning given by section 12(2) above; ... ... “designated regulatory function” means a function of the Authority or the Northern Ireland Authority conferred by— a provision of assimilated law, ora condition in a licence under section 7, 7ZA or 7A or Article 8 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)), as that condition is modified from time to time on or after IP completion day,where that function was, immediately before IP completion day, one of its functions as a regulatory authority designated in accordance with Article 39 of the Gas Directive; “distribution exemption holder” means a person who—is carrying on an activity such as is mentioned in section 5(1)(a), the whole or part of which is also an activity of distribution within the meaning given by Article 2(5) of the Gas Directive; andis authorised to carry on that activity by an exemption; “distribution main”, in relation to a gas transporter, means any main of the transporter through which the transporter is for the time being distributing gas and which is not being used only for the purpose of conveying gas in bulk;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “exempt distribution system” means a distribution system operated or controlled by a distribution exemption holder who is covered by an exemption granted to it in relation to that system; “exemption” means an exemption under section 6A;“gas” means—any substance in a gaseous state which consists wholly or mainly of—methane, ethane, propane, butane, hydrogen or carbon monoxide;a mixture of two or more of those gases; ora combustible mixture of one or more of those gases and air; andany other substance in a gaseous state which is gaseous at a temperature of 15°C and a pressure of 1013·25 millibars and is specified in an order made by the Secretary of State; “the Gas Directive” means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, as amended by the 2019 Amending Directive;“gas fittings” means gas pipes and meters, and fittings, apparatus and appliances designed for use by consumers of gas for heating, lighting, motive power and other purposes for which gas can be used; “gas interconnector” has the meaning given by section 5(8); “the Gas Regulation” means Regulation 2009/715/EC of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation 2005/1775/EC, as amended by the 2010 Amending Decision , the 2012 Amending Decision and the 2013 Amending Regulation ; “gas supplier” and “gas shipper” have the meanings given by section 7A(11) above; “gas system planner licence” means a licence under section 7AA; “gas undertaking” has the meaning given by section 8Q; “holding company” has the meaning given by section 1159 of the Companies Act 2006;“information” includes accounts, estimates and returns;“ kilowatt hour” means 3.6 megajoules;“licence” means a licence under section 7, 7ZA , 7A , 7AA, 7AB or 7AC and “licence holder” shall be construed accordingly; “LNG import or export facility” means a facility in Great Britain (including the territorial sea adjacent to Great Britain and the sea in any area designated under section 1(7) of the Continental Shelf Act 1964) for—the importation into Great Britain and regasification of liquid gas prior to its conveyance to a pipeline system operated by the holder of a licence under section 7 or section 7ZA, or the liquefaction of gas for the purpose of its export from Great Britain; andany activity, including temporary storage of gas or liquid gas, which is necessary for that importation, regasification or liquefaction; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “main commercial conditions” means—in the case of a storage facility, such information as would enable a potential applicant for a right to have gas or liquid gas stored in the facility to make a reasonable assessment of the cost of, or the method of calculating the cost of, acquiring that right;in the case of an LNG import or export facility, the terms setting out the cost or the method of determining the cost of acquiring the right to have gas or liquid gas treated in the facility;the other significant terms on which such a right as is mentioned in paragraph (a) or (b) would be granted; andsuch additional information as the Authority may from time to time specify by notice; “notice” means notice in writing; “Northern Ireland Authority” means the Northern Ireland Authority for Utility Regulation; “officer”, in relation to any person, includes any servant or agent of that person, and any officer or servant of such an agent; “owner”—in relation to any premises or other property, includes a lessee;in relation to a storage facility or an LNG import or export facility, includes a person occupying or having control of the facility,and cognate expressions shall be construed accordingly;; “prescribed” means prescribed by regulations made, unless the context otherwise requires, by the Secretary of State;“ providing a smart meter communication service ” has the meaning given in section 5(11) above, and cognate expressions shall be construed accordingly; “relevant producer or supplier” has the meaning given by section 8Q; “gas transporter” has the meaning given by section 7(1) above;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “senior officer” means—in relation to a company, a director;in relation to a partnership, a partner;in any other case, a person holding a position equivalent to that of a director or partner; “service pipe” means a pipe, other than a distribution main of a gas transporter, which is used for the purpose of conveying gas from such a main to any premises, and includes part of any such pipe;“ smart meter communication licence ” has the meaning given to that term in section 7AB(1);“storage”, in relation to gas, means storage in, or in a facility which is connected (directly or indirectly) to, a pipe-line system operated by a gas transporter; “storage”, in relation to liquid gas in a storage facility, includes any liquefaction of gas or regasification of liquid gas ancillary to the storage of liquid gas, and “stored”, in relation to liquid gas in a storage facility, shall be construed accordingly; “storage facility” means a facility in Great Britain (including the territorial sea adjacent to Great Britain and the sea in any area designated under section 1(7) of the Continental Shelf Act 1964) for either or both of the following—the storage in porous strata, or in cavities in strata, of gas which has been, or will be, conveyed in a pipeline system operated by the holder of a licence under section 7 or 7ZA;the storage of liquid gas which, if regasified, would be suitable for conveyance through pipes to premises in accordance with a licence under section 7,but the reference in paragraph (b) to the storage of liquid gas does not include suchtemporary storage as is mentioned in the definition of “LNG import or export facility”;; “subsidiary” has the meaning given by section 736 of the Companies Act 1985; “supply exemption holder” means a person who—is carrying on the activity mentioned in section 5(1)(b); andis authorised to carry on that activity by an exemption; “treatment”, in relation to gas or liquid gas in an LNG import or export facility, includes importation, regasification, liquefaction and temporary storage, and “treat” shall be construed accordingly; “the 2010 Amending Decision” means Commission Decision 2010/685/EU of 10 November 2010 amending Chapter 3 of Annex I to Regulation 2009/715/EC of the European Parliament and of the Council on conditions for access to the natural gas transmission networks; “the 2012 Amending Decision” means Commission Decision 2012/490/EU of 24 August 2012 amending Annex I to Regulation 2009/715/EC of the European Parliament and of the Council on conditions for access to the natural gas transmission networks;“the 2013 Amending Regulation” means Regulation 2013/347/EU of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision 2006/1364/EC and amending Regulations 2009/713/EC, 2009/714/EC and 2009/715/EC; “the 2019 Amending Directive” means Directive (EU) 2019/692 of the European Parliament and of the Council of 17 April 2019 amending Directive 2009/73/EC concerning common rules for the internal market in natural gas;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1ZAUntil section 75 of the Utilities Act 2000 comes into force the references to an exemption in the definitions in subsection (1) above of “distribution exemption holder”, “exempt distribution system” and “supply exemption holder” to an exemption include an exception under Schedule 2A.1AIn this Part any reference to an officer authorised by any person includes, in relation to an officer who is an officer or servant of an agent of that person, an officer who, in accordance with the terms of any written authority given by that person to the agent, is authorised by the agent on behalf of that person.2In this Part, except in section 18, references to the supply of gas do not include references to the supply of gas (directly or indirectly) to a gas transporter, gas supplier or gas shipper.2AIn relation to any time after 31st December 1999—areferences in this Part to 2,500, 75,000 and 2 million therms shall be construed as references to 73,200, 2,196,000 and 58 million kilowatt hours respectively; andbother references in this Part to therms, and references in this Part to therms or kilowatt hours, shall be construed as references to kilowatt hours.2BA person is of pensionable age for the purposes of this Part if—ahe has attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995); orbin the case of a man born before 6th December 1953 , he is the same age as a woman who has attained pensionable age (within the meaning so given).3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Transfer of Undertaking of Corporation Vesting of property etc. of Corporation in a company nominated by the Secretary of State.491On such day as the Secretary of State may by order appoint for the purposes of this section (in this Act referred to as “the transfer date ”), all the property, rights and liabilities to which the Corporation was entitled or subject immediately before that date shall (subject to section 50 below) become by virtue of this section property, rights and liabilities of a company nominated for the purposes of this section by the Secretary of State (in this Act referred to as “the successor company ”).2The Secretary of State may, after consulting the Corporation, by order nominate for the purposes of this section any company formed and registered under the Companies Act 1985; but on the transfer date the company in question must be a company limited by shares which is wholly owned by the Crown.3References in this Act to property, rights and liabilities of the Corporation are references to all such property, rights and liabilities, whether or not capable or not capable of being transferred or assigned by the Corporation.4It is hereby declared for the avoidance of doubt that—aany reference in this Act to property of the Corporation is a reference to property of the Corporation, whether situated in the United Kingdom or elsewhere; andbany such reference to rights and liabilities of the Corporation is a reference to rights to which the Corporation is entitled, or (as the case may be) liabilities to which the Corporation is subject, whether under the law of the United Kingdom or of any part of the United Kingdom or under the law of any country or territory outside the United Kingdom.5In the House of Commons Disqualification Act 1975 in Part III of Schedule 1 (other disqualifying offices) there shall be inserted (at the appropriate place) the following entry— “Director of the successor company (within the meaning of the Gas Act 1986), being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown ”;and the like insertion shall be made in Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975. British Gas Stock.501On the transfer date all the rights and liabilities to which the Corporation was entitled or subject immediately before that date under the terms of issue of British Gas Stock shall become by virtue of this section rights and liabilities of the Treasury.2As from the transfer date British Gas Stock shall be deemed for all purposes, but subject to the rights and liabilities mentioned in subsection (1) above, to have been created and issued under the National Loans Act 1968, and that Act and any other enactment, regulation or rule relating to securities issued under that Act shall apply accordingly to that Stock.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Before the transfer date the Corporation shall pay to the Bank of England a sum equal to the amounts accruing in respect of unclaimed interest or redemption money on British Gas Stock before the transfer date (after deduction of income tax in the case of interest), but excluding any amounts represented by money in the hands of the Bank of England.7The Bank of England shall deal with—athe money paid to them under subsection (6) above; andbthe money already in their hands which represents such unclaimed interest or redemption money as is mentioned in that subsection,as money entrusted to them for payment to holders of British Gas Stock and section 5 of the Miscellaneous Financial Provisions Act 1955 (which relates to unclaimed dividends etc. on Government Stock) shall apply accordingly.8In this section “British Gas Stock ” means any stock created and issued under section 21 of the 1972 Act or section 43 of the Gas Act 1948. Initial Government holding in the successor company.511As a consequence of the vesting in the successor company by virtue of section 49 above of property, rights and liabilities of the Corporation, the successor company shall issue such securities of the company as the Secretary of State may from time to time direct—ato the Treasury or the Secretary of State; orbto any person entitled to require the issue of the securities following their initial allotment to the Treasury or the Secretary of State.2The Secretary of State shall not give a direction under subsection (1) above at a time when the successor company has ceased to be wholly owned by the Crown.3Securities required to be issued in pursuance of this section shall be issued or allotted at such time or times and on such terms as the Secretary of State may direct.4Shares issued in pursuance of this section—ashall be of such nominal value as the Secretary of State may direct; andbshall be issued as fully paid and treated for the purposes of the Companies Act 2006 as if they had been paid up by virtue of the payment to the successor company of their nominal value in cash.5The Secretary of State shall not exercise any power conferred on him by this section, or dispose of any securities issued or of any rights to securities initially allotted to him in pursuance of this section, without the consent of the Treasury.6Any dividends or other sums received by the Treasury or the Secretary of State in right of or on the disposal of any securities or rights acquired by virtue of this section shall be paid into the Consolidated Fund.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Government investment in securities of the successor company.521The Treasury or, with the consent of the Treasury, the Secretary of State may at any time acquire—asecurities of the successor company; orbrights to subscribe for any such securities.2The Secretary of State may not dispose of any securities or rights acquired under this section without the consent of the Treasury.3Any expenses incurred by the Treasury or the Secretary of State in consequence of the provisions of this section shall be paid out of money provided by Parliament.4Any dividends or other sums received by the Treasury or the Secretary of State in right of, or on the disposal of, any securities or rights acquired under this section shall be paid into the Consolidated Fund.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exercise of functions through nominees.531The Treasury or, with the consent of the Treasury, the Secretary of State may for the purposes of section 51 or 52 above appoint any person to act as the nominee, or one of the nominees, of the Treasury or the Secretary of State; and—asecurities of the successor company may be issued under section 51 above to any nominee of the Treasury or the Secretary of State appointed for the purposes of that section or to any person entitled to require the issue of the securities following their initial allotment to any such nominee; andbany such nominee appointed for the purposes of section 52 above may acquire securities or rights under that section,in accordance with directions given from time to time by the Treasury or, with the consent of the Treasury, by the Secretary of State.2Any person holding any securities or rights as a nominee of the Treasury or the Secretary of State by virtue of subsection (1) above shall hold and deal with them (or any of them) on such terms and in such manner as the Treasury or, with the consent of the Treasury, the Secretary of State may direct. Target investment limit for Government shareholding.541As soon as he considers expedient and, in any case, not later than six months after the successor company ceases to be wholly owned by the Crown, the Secretary of State shall by order fix a target investment limit in relation to the shares for the time being held in that company by virtue of any provision of this Part by the Treasury and their nominees and by the Secretary of State and his nominees (in this section referred to as “the Government shareholding ”).2The target investment limit shall be expressed as a proportion of the voting rights which are exercisable in all circumstances at general meetings of the successor company (in this section referred to as “the ordinary voting rights ”).3The first target investment limit fixed under this section shall be equal to the proportion of the ordinary voting rights which is carried by the Government shareholding at the time when the order fixing the limit is made.4The Secretary of State may from time to time by order fix a new target investment limit in place of the one previously in force under this section; but—aany new limit must be lower than the one it replaces; andban order under this section may only be revoked by an order fixing a new limit.5It shall be the duty of the Treasury and of the Secretary of State so to exercise—atheir powers under section 52 above and any power to dispose of any shares held by virtue of any provision of this Part; andbtheir power to give directions to their respective nominees,as to secure that the Government shareholding does not carry a proportion of the ordinary voting rights exceeding any target investment limit for the time being in force under this section.6Notwithstanding subsection (5) above, the Treasury or the Secretary of State may take up, or direct any nominee of the Treasury or of the Secretary of State to take up, any rights for the time being available to them or him, or to that nominee, as an existing holder of shares or other securities of the successor company; but if, as a result, the proportion of the ordinary voting rights carried by the Government shareholding at any time exceeds the target investment limit, it shall be the duty of the Treasury or, as the case may be, the Secretary of State to comply with subsection (5) above as soon after that time as is reasonably practicable.7For the purposes of this section the temporary suspension of any of the ordinary voting rights shall be disregarded. Financial structure of the successor company.551If the Secretary of State so directs at any time before the successor company ceases to be wholly owned by the Crown, such sum (not exceeding the accumulated realised profits of the Corporation) as may be specified in the direction shall be carried by the successor company to a reserve (in this section referred to as “the statutory reverse ”).2The statutory reserve may only be applied by the successor company in paying up unissued shares of the company to be allotted to members of the company as fully paid bonus shares.3Notwithstanding subsection (2) above, the statutory reserve shall not count as an undistributable reserve of the successor company for the purposes of section 831(4)(d) of the Companies Act 2006; but for the purpose of determining under that section whether the successor company may make a distribution at any time any amount for the time being standing to the credit of the statutory reserve shall be treated for the purposes of section 831(4)(c) as if it were unrealised profits of the company.4For the purposes of any statutory accounts of the successor company—athe vesting effected by virtue of section 49 above shall be taken to have been a vesting of all the property, rights and liabilities to which the Corporation was entitled or subject immediately before the end of the last complete financial year of the Corporation ending before the transfer date (other than any rights and liabilities which vest in the Treasury by virtue of section 50 above) and to have been effected immediately after the end of that year; andbthe value of any asset and the amount of any liability of the Corporation taken to have been vested in the successor company by virtue of paragraph (a) above shall be taken to have been the value or (as the case may be) the amount assigned to that asset or liability for the purposes of the corresponding statement of accounts prepared by the Corporation in respect of that year.5For the purposes of any statutory accounts of the successor company the amount to be included in respect of any item shall be determined as if anything done by the Corporation (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) had been done by the successor company.Accordingly (but without prejudice to the generality of the preceding provision) the amount to be included from time to time in any reserves of the successor company as representing its accumulated realised profits shall be determined as if any profits realised and retained by the Corporation had been realised and retained by the successor company.6References in this section to the statutory accounts of the successor company are references to any accounts prepared by the successor company for the purposes of any provision of the Companies Act 1985 (including group accounts); and in this section “complete financial year ” means a financial year ending with 31st March. Temporary restrictions on successor company’s borrowings etc.561If articles of association of the successor company confer on the Secretary of State powers exercisable with the consent of the Treasury for, or in connection with, restricting the sums of money which may be borrowed or raised by the group during any period, those powers shall be exercisable in the national interest notwithstanding any rule of law and the provisions of any enactment.2For the purposes of this section any alteration of the articles of association of the successor company which—ahas the effect of conferring or extending any such power as is mentioned in subsection (1) above; andbis made at a time when that company has ceased to be wholly owned by the Crown,shall be disregarded.3In this section “group ” means the successor company and all of its subsidiaries taken together. Dissolution of the Corporation.57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c14436031"/>58 Application of Trustee Investments Act 1961 in relation to investment in the successor company.591For the purpose of applying paragraph 3(b) of Part IV of Schedule 1 to the Trustee Investments Act 1961 (which provides that shares and debentures of a company shall not count as wider-range and narrower-range investments respectively within the meaning of that Act unless the company has paid dividends in each of the five years immediately preceding that in which the investment is made) in relation to investment in shares or debentures of the successor company during the calendar year in which the transfer date falls ( “the first investment year ”) or during any year following that year, the successor company shall be deemed to have paid a dividend as there mentioned—ain every year preceding the first investment year which is included in the relevant five years; andbin the first investment year, if that year is included in the relevant five years and the successor company does not in fact pay such a dividend in that year.2In subsection (1) above “the relevant five years ” means the five years immediately preceding the year in which the investment in question is made or proposed to be made. Tax provisions.601The successor company shall be treated—afor all purposes of corporation tax and petroleum revenue tax; ...b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .as if it were the same person as the Corporation.2The successor company shall not by virtue of subsection (1) above be regarded as a body falling within section 170(12) of the Taxation of Chargeable Gains Act 1992 (bodies established for carrying on industries or undertakings under national ownership or control).3For the purposes of Part VI of the Income and Corporation Taxes Act 1988 (company distributions) and Part 5 of the Corporation Tax Act 2009 (loan relationships), any debentures issued in pursuance of section 51 above shall be treated as having been issued for new consideration equal to the principal sum payable under the debenture.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation etc. of Part II.611In this Part— “debenture” includes debenture stock; “securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company; “shares” includes stock; “subsidiary” has the meaning given by section 1159 of the Companies Act 2006.2An order under section 49 above nominating any company for the purposes of that section and an order under subsection (1) of that section appointing the transfer date may be varied or revoked by a subsequent order at any time before any property, rights or liabilities vest in any company by virtue of section 49 above.3A company shall be regarded for the purposes of this Part as wholly owned by the Crown at any time when each of the issued shares in the company is held by, or by a nominee of, the Treasury or the Secretary of State.Part III Miscellaneous and General Exclusion of certain agreements from Restrictive Trade Practices Act 1976.62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 Provisions as to orders.641Any power conferred on the Secretary of State by this Act to make orders shall be exercisable by statutory instrument.2Any statutory instrument containing an order under this Act, other than an order appointing a day or an order under section 23, 30O , 33BC, ... 41C, 41HA, ... , 49(2) or 57(2) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.<Addition ChangeId="key-5472d3ec41c56c8c90405efc8ef89dd1-1500561622263" CommentaryRef="key-5472d3ec41c56c8c90405efc8ef89dd1">Extraterritorial operation of Act</Addition>64A1Where by virtue of this Act an act or omission taking place outside Great Britain constitutes an offence, proceedings for the offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Great Britain.2Provision made by or under this Act in relation to places outside Great Britain—aso far as it applies to individuals, applies to them whether or not they are British citizens; andbso far as it applies to bodies corporate, applies to them whether or not they are incorporated under the law of a part of the United Kingdom. Financial provisions.65There shall be paid out of money provided by Parliament any administrative expenses incurred by the Secretary of State in consequence of the provisions of this Act and any increase attributable to this Act in the sums payable out of money so provided under any other Act. General interpretation.66In this Act, unless the context otherwise requires— “the 1972 Act ” means the Gas Act 1972; “the appointed day ” has the meaning given by section 3 above;“the Authority” means the Gas and Electricity Markets Authority; “Citizens Advice” means the National Association of Citizens Advice Bureaux; “Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux; “contravention ”, in relation to any direction, condition, requirement, regulation or order, includes any failure to comply with it and cognate expressions shall be construed accordingly; “the Corporation ” means the British Gas Corporation; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “modifications ” includes additions, alterations and omissions and cognate expressions shall be construed accordingly; “subordinate legislation ” has the same meaning as in the Interpretation Act 1978; “the successor company ” has the meaning given by section 49(1) above; “the transfer date ” has the meaning given by section 49(1) above; “the transitional period ” has the meaning given by section 57(1) above. Amendments, transitional provisions, savings and repeals.671The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).2The Secretary of State may by order make such consequential modifications of any provision contained in any Act (whether public general or local) passed, or in subordinate legislation made, before the appointed day as appear to him necessary or expedient in respect of—aany reference in that Act or subordinate legislation to the Corporation;bany reference (in whatever terms) in that Act or subordinate legislation to a person carrying on a gas undertaking or to such an undertaking; orcany reference in that Act or subordinate legislation to any enactment repealed by this Act.3The transitional provisions and savings contained in Schedule 8 to this Act shall have effect; but those provisions and savings are without prejudice to sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).4The enactments mentioned in Schedule 9 to this Act (which include some which are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule. Short title, commencement and extent.681This Act may be cited as the Gas Act 1986.2The following provisions of this Act, namely—Part I except sections 1 and 2;section 66;section 67(1) and Schedule 7;section 67(2);Part I of Schedule 8 and section 67(3) so far as relating to that Part; andPart I of Schedule 9 and section 67(4) so far as relating to that Part,shall come into force on the appointed day.3The following provisions of this Act, namely—Part II;Part II of Schedule 8 and section 67(3) so far as relating to that Part; andPart II of Schedule 9 and section 67(4) so far as relating to that Part,shall come into force on the transfer date.4Part III of Schedule 9 and section 67(4) so far as relating to that Part shall come into force on the dissolution of the Corporation.5Subject to subsections (2) to (4) above, this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or for different purposes.6This Act, except this section and the following provisions, namely—sections 49 and 50;section 58;sections 62 and 63;section 66;paragraph 7 of Schedule 1 and section 1(5) so far as relating to that paragraph;paragraph 8 of Schedule 2 and section 2(5) so far as relating to that paragraph;paragraphs 15, 23 and 28 of Schedule 7 and section 67(1) so far as relating to those paragraphs; andparagraph 27 to 31 of Schedule 8 and section 67(3) so far as relating to those paragraphs; andSchedule 9 and section 67(4) so far as relating to the repeal of section 33(2) of the 1972 Act and the repeals in the House of Commons Disqualification Act 1975,does not extend to Northern Ireland.Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(b), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(e) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)Pt. I applied (1.3.1996) by 1995 c. 45, s. 6(7); S.I. 1996/218, art. 2Pt. I applied (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 1; S.I. 1996/218, art. 2S. 1 repealed (7.11.2000) by 2000 c. 27, s. 108, Sch. 8; S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)S. 2 repealed (7.11.2000) by 2000 c. 27, s. 108, Sch. 8; S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)S. 3 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 4AA substituted (20.12.2000) for s. 4 by 2000 c. 27, s. 9; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)S. 4AA(2)(b) amended (temp. from 19.12.2000) by S.I. 2000/3343, art. 5 (subject to transitional provisions in arts. 3-15)1989 c. 29. 1991 c. 56. S. 4AB inserted (20.12.2000) by 2000 c. 27, s. 10; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)S. 4A substituted (20.12.2000) by 2000 c. 27, s. 11; S.I. 2000/3343, art. 2, Sch.(subject to transitional provisions in arts. 3-15)S. 4B inserted (20.12.2000) by 2000 c. 27, s. 12; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)S. 4B(3) excluded (20.12.2000) by S.I. 2000/3343, art. 10(1)(b) (subject to transitional provisions in arts. 3-15)S. 5 and cross-heading preceding it substituted (1.3.1996) by 1995 c. 45, s. 3; S.I. 1996/218, art. 2S. 5 and cross-heading substituted (1.3.1996) by 1995 c. 45, s. 3; S.I. 1996/218, art. 2S. 5(1)(a) excluded (8.11.1995 with effect as mentioned in Sch. 5 Pt. II para. 16(1) of the amending Act) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 16(1)(a); S.I. 1996/218, art. 2S. 5(1)(a) excluded (14.10.1999) (temp. to 1.3.2011 unless revoked earlier) by S.I. 1999/2639, arts. 1(2)(3), 3, 4-6, 7(1)S. 5(1)(a) restricted (9.12.1999) (temp. to 1.3.2011 unless revoked earlier) by S.I. 1999/3089, arts. 1(2)(3), 3, 5(1)S. 5(1)(a)-(c) excluded (8.11.1995 for specified purposes) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 17(1)(a)S. 5(1)(a) excluded (1.12.1996) by S.I. 1996/2795, arts. 3, 4Words in s. 5(1)(a)(c) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 3; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)S. 5(1)(b) excluded (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 16(1)(b); S.I. 1996/218, art. 2S. 5(1)(b) excluded (14.10.1999) (temp. to 1.3.2011 unless revoked earlier) by S.I. 1999/2639, arts. 1(2)(3), 3, 4-6, 7(2)S. 5(1)(b) restricted (9.12.1999) (temp. to 1.3.2011 unless revoked earlier) by S.I. 1999/3089, arts. 1(2)(3), 5(2)S. 5(1)(c) modified (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II paras. 18(1)S. 6 repealed (1.3.1996) by 1995 c. 45, ss. 3(3), 17(5), Sch. 6; S.I. 1996/218, art. 2S. 6A substituted (1.3.1996) by 1995 c. 45, s. 4; S.I. 1996/218, art. 2Words in s. 6A(1) repealed (1.10.2001) by 2000 c. 27, ss. 86(1), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 6A(1A)(1B) inserted (1.10.2001) by 2000 c. 27, s. 86(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 6A(2)(2A)(3) substituted (1.10.2001) for s. 6A(2)(3) by 2000 c. 27, s. 86(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 6A(5)-(9) substituted (1.10.2001) for s. 6A(5) by 2000 c. 27, s. 86(4); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7 substituted (1.3.1996) by 1995 c. 45, s. 5; S.I. 1996/218, art. 2S. 7 amended (16.5.2001) by 2000 c. 27, s. 81(1); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)S. 7 amended (1.10.2001) by 2000 c. 27, s. 76(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7 applied (with modifications) (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 15(1)(4); S.I. 1996/218, art. 2S. 7 extended (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. I para. 1(1)(a); S,I. 1996/218, art. 2Words in s. 7(1) substituted (1.10.2001) by 2000 c. 27, s. 76(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 7(2)(a) and word “and”preceding para. (b) substituted (1.10.2001) by 2000 c. 27, s. 76(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 7(2)(b)(6)(b)(9) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 4; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7(4A) inserted (1.10.2001) by 2000 c. 27, s. 76(4); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 7(5)(6) repealed (1.10.2001) by 2000 c. 27, ss. 76(5), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7(7)(8) repealed (1.10.2001) by 2000 c. 27, ss. 76(6), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7(11) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7A inserted (1.3.1996) by 1995 c. 45, s. 6; S.I. 1996/218, art. 2S. 7A applied (with modifications) (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 15(1)(4); S.I. 1996.218, art. 2S. 7A applied (with modifications) (1.3.1996) by S.I. 1996/399, art. 2(2)S. 7A(1) extended (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. I para. 1(1)(b), Pt. II para. 16(1)(b); S.I. 1996/218, art. 2S. 7A(1)(2) amended (1.10.2001) by 2000 c. 27, s. 81(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7A(2) extended (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. I para. 1(1)(c), Pt. II para. 16(1)(c); S.I. 1996/218, art. 2Words in S. 7A(2)(5) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7B inserted (1.3.1996) by 1995 c. 45, s. 7; S.I. 1996/218, art. 2S. 7B applied (with modifications) (1.3.1996) by S.I. 1996/399, art. 2(2)S. 7B applied (with modifications) (8.11.1995 ) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 15(1)(4); S.I. 1996/218, art. 2Words in s. 7B(2)(b)(9)(b) substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7B(2A) inserted (1.10.2001) by 2000 c. 27, s. 74(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 7B(4)(a) substituted (20.12.2000) by 2000 c. 27, s. 74(3)(a); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)S. 7B(4)(b) omitted (20.12.2000) by virtue of 2000 c. 27, s. 74(3)(b); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) and repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7B(4)(d) and word “and”preceding it repealed (7.11.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 5, Sch. 8; S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)S. 7B(4A) inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 74(4); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words s. 7B(5)(a)(iii) substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 74(5); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 7B(6) shall cease to have effect (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 74(6); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20) and are repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7B(9): word “and”preceding para. (b) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 7B(9)(b) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 6(a)(i); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Word in s. 7B(9)(b) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 6(a)(ii); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7B(9)(c) and the word “and”immediately preceding (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 6(b); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)S. 7B(10) inserted (16.5.2001 for certain purposes, otherwise 1.10.2001) by 2000 c. 27, s. 74(7); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)S. 8 substituted (1.3.1996) by 1995 c. 45, s. 8(1); S.I. 1996/218, art. 2Words in s. 8(1) repealed (1.10.2001) by 2000 c. 27, ss. 81(3)(a), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 8(1) substituted (1.10.2001) by 2000 c. 27, s. 81(3)(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 8 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 8(7) inserted (1.10.2001) by 2000 c. 27, s. 82(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 8AA substituted (1.10.2001) by 2000 c. 27, s. 85; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 8A inserted (30.5.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 37; Commencement Order No. 1 made on 29.5.1992, art. 2.Words in s. 8A(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 2(1); S.I. 1996/218, art. 2S. 8A(3)(4) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 2(2), Sch. 6; S.I. 1996/218, art. 2S. 8B and cross-heading inserted (1.3.1996) by 1995 c. 45, s. 9; S.I. 1996/218, art. 2S. 8B and cross-heading inserted (1.3.1996) by 1995 c. 45, s. 9(1); S.I. 1996/218, art. 2Cross-heading substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 3; S.I. 1996/218, art. 2S. 9 substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 3; S.I. 1996/218, art. 2Words in s. 9(1)(2)(3)(a) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 9(1)(b) applied (with modifications) (1.3.1996) by S.I. 1996/399, art. 3(1)S. 9(1)(b): “-(i)”inserted (1.10.2001) by 2000 c. 27, s. 79(2)(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 9(1)(b)(ii) and the word “or”immediately preceding it inserted (1.10.2001) by 2000 c. 27, s. 79(2)(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 9(1A) inserted (1.10.2001) by 2000 c. 27, s. 79(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 9(2)(a) inserted (1.10.2001) by 2000 c. 27, s. 79(4); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 9(3)(a) functions exercisable in or as regards Scotland (14.12.2000) by S.I. 2000/3253, art. 2, Sch. 1 para. 6 (with transitional provisions in art. 6)S. 9(3)(a) functions transferred to Scottish Ministers (15.12.2000) by S.I. 2000/3253, art. 3, Sch. 2 (with transitional provisions in art. 6)S. 10 substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 4; S.I. 1996/218, art. 2Words in s. 10(1)-(10)(12)-(13) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)S. 10(3A) inserted (1.10.2001) by 2000 c. 27, s. 80(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 10(5A) inserted (1.10.2001) by 2000 c. 27, s. 80(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 10(6)(b) inserted (1.10.2001) by 2000 c. 27, s. 80(4); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 10(6) substituted (1.10.2001) by 2000 c. 27, s. 80(5); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 10(12) substituted (1.10.2001) by 2000 c. 27, s. 80(6); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 10A inserted (1.10.2001) by 2000 c. 27, s. 77(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)1962 c. 58. S. 11 substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 5; S.I. 1996/218, art. 2Words in s. 11(1)(2) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)S. 12 and preceding cross-heading substituted for s. 12 (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 6; S.I. 1996/218, art. 2S. 12 and preceding cross-heading substituted for s. 12 (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 6; S.I. 1996/218, art. 2Words in s. 12 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 13 substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 7; S.I. 1996/218, art. 2Words in s. 13 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 14 repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 8, Sch. 6; S.I. 1996/218, art. 2S. 14A repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 9, Sch. 6; S.I. 1996/218, art. 2S. 15 repealed (1.3.1996) by 1995 c. 45, ss. 9(3), 17(5), Sch. 6; S.I. 1996/218, art. 2S. 16 inserted (1.10.2001) by 2000 c. 27, s. 101; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 15B repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 11, Sch. 6; S.I. 1996/218, art. 2S. 16 and cross-heading preceding it substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 12; S.I. 1996/218, art. 2S. 16 repealed (1.4.1996) by S.I. 1996/551, reg. 12(1)S. 17 substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 13; S.I. 1996/218, art. 2S. 18(1) repealed (6.3.1992) by Offshore Safety Act 1992 (c. 15), ss. 3(3)(a), 7(2), Sch. 2.Words in s. 18(2)(a) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 14(1)(a); S.I. 1996/218, art. 2Words in s. 18(2)(c) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 14(1)(b); S.I. 1996/218, art. 2Words in s. 18(4)(a) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 14(2)(a); S.I. 1996/218, art. 2Words in s. 18(4)(b) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 14(2)(b); S.I. 1996/218, art. 2Word in s. 18(4)(c) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 14(2)(c); S.I. 1996/218, art. 2Words in s. 18(4)(c) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 14(2)(c); S.I. 1996/218, art. 21954 c. 21. Words in s. 18(8) substituted for s. 18(8)(a)(b) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 14(3); S.I. 1996/218, art. 2S. 18(9)-(11) substituted for s. 18(9) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 14(4); S.I. 1996/218, art. 2Words in s. 18 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)S. 18A inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 15; S.I. 1996/218, art. 2Words in s. 18A substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)1954 c.21. S. 19 and preceding cross-heading substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 16; S.I. 1996/218, art. 2S. 19 applied (with modifications) (1.3.1996) by S.I. 1996/399, art. 4(2)Words in s. 19 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1)(2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)S. 19(2)(c) applied (with modifications) (1.3.1996) by S.I. 1996/399, art. 4(4)(c)Ss. 19A-19E inserted (10.8.2000) by S.I. 2000/1937, reg. 2(2), Sch. 2 para. 1Ss. 19A-19E inserted (10.8.2000) by S.I. 2000/1937, reg. 2(2), Sch. 2 para. 1Ss. 19A-19E inserted (10.8.2000) by S.I. 2000/1937, reg. 2(2), Sch. 2 para. 1Ss. 19A-19E inserted (10.8.2000) by S.I. 2000/1937, reg. 2(2), Sch. 2 para. 1Ss. 19A-19E inserted (10.8.2000) by S.I. 2000/1937, reg. 2(2), Sch. 2 para. 1S. 20 repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 17, Sch. 6; S.I. 1996/218, art. 2S. 21(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 18(1); S.I. 1996/218, art. 2Words in s. 21 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 21(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 18(2)(b); S.I. 1996/218, art. 2Words in s. 21(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 18(2)(c); S.I. 1996/218, art. 2Words in s. 21(3) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 18(3); S.I. 1996/218, art. 2S. 21(3A) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 18(4); S.I. 1996/218, art. 21962 c. 58. S. 21(5) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 18(5); S.I. 1996/218, art. 21962 c.58. S. 22 applied (with modifications) (1.3.1996) by 1995 c. 45, s. 12(5); S.I. 1996/218, art. 3S. 22 applied (10.8.2000) by 1995 c. 45, s. 12(5) (as substituted (10.8.2000) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 4)Words in s. 22(1) substituted (10.8.2000) by S.I. 2000/1937, reg. 2(2), Sch. 2 para. 2(a)S. 22A inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 20; S.I. 1996/218, art. 2Words in s. 22A(1) substituted (1.10.2001) by 2000 c. 27, s. 78(2)(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 22A(1)(b) repealed (1.10.2001) by 2000 c. 27, ss. 78(2)(b), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Word in s. 22A(1)(b) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 22A(1)(d) and word “and”immediately preceding it inserted (1.10.2001) by 2000 c. 27, s. 78(2)(c); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)S. 22A(1A)-(1E) inserted (1.10.2001) by 2000 c. 27, s. 78(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Definition of “relevant main” in s. 22A(3) inserted (1.10.2001) by 2000 c. 27, s. 78(4); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 23 and preceding cross-heading substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 21; S.I. 1996/218, art. 2S. 27 substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 25; S.I. 1996/218, art. 2S. 27(1A) inserted (1.10.2001) by 2000 c. 27, s. 83(5); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 27A and the preceding cross-heading inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 26; S.I. 1996/218, art. 2S. 27A inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 26; S.I. 1996/218, art. 2Words in s. 27A substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 27A(1) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 10; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 28(1) substituted (1.10.2001) by 2000 c. 27, s. 96(2) (with s. 96(7)) (with s. 96(7)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 28(1)(2)(4)(a) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 48(2); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.Words in s. 28(2)(4)(6) substituted (1.10.2001) by 2000 c. 27, s. 96(3) (with s. 96(7)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 28(5) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 27(2)(a); S.I. 1996/218, art. 2Words in s. 28(5)(a) substituted (20.12.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 11; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)S. 28(5)(aa)(b) repealed (1.10.2001) by 2000 c. 27, ss. 96(4), 108, Sch. 8 (with s. 96(7)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 28(5A) inserted (1.10.2001) by 2000 c. 27, s. 96(5) (with s. 96(7)); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)S. 28(7A) repealed (1.10.2001) by 2000 c. 27, ss. 95(2)(a), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Definition of “relevant requirement” in s. 28(8) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 27(5)(b); S.I. 1996/218, art. 2S. 28(9) repealed (1.10.2001) by 2000 c. 27, ss. 95(2)(a), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Word in s. 29(1)(c) substituted (1.10.2001) by 2000 c. 27, s. 96(6) (with s. 96(7)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Word in s. 29(4)(b) substituted (1.10.2001) by 2000 c. 27, s. 96(6) (with s. 96(7)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 30(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 29(2); S.I. 1996/218, art. 2Word in s. 30(2)(a) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 30(2)(b) repealed (1.10.2001) by 2000 c. 27, ss. 95(3), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)SS. 30A-30F inserted (20.12.2000 for specified purposes otherwise 1.10.2001) by 2000 c. 27, s. 95(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 30A(1)(b) amended (temp. from 19.12.2000) by SI. 2000/3343, art. 9(2) (subject to transitional provisions in arts. 3-15)Ss. 30A-30F inserted (20.12.2000 for specified purposes otherwise 1.10.2001) by 2000 c. 27, s. 95(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Ss. 30A-30F inserted (20.12.2000 for specified purposes otherwise 1.10.2001) by 2000 c. 27, s. 95(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Ss. 30A-30F inserted (20.12.2000 for specified purposes otherwise 1.10.2001) by 2000 c. 27, s. 95(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)1838 c. 110. Ss. 30A-30F inserted (20.12.2000 for specified purposes otherwise 1.10.2001) by 2000 c. 27, s. 95(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Ss. 30A-30F inserted (20.12.2000 for specified purposes otherwise 1.10.2001) by 2000 c. 27, s. 95(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 31 repealed (7.11.2000) by 2000 c. 27, ss. 22(3), 108, Sch. 8 (with Sch. 7 para. 31); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)S. 32A repealed (7.11.2000) by 2000 c. 27, ss. 22(3), 108, Sch. 8 (with Sch. 7 para. 31); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)Cross heading, ss. 33A and 33B inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 11; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt.I.Cross heading, ss. 33A and 33B inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 11; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.S. 33A(1)(2) substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 13(a); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 33A(3) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 34(3)(a); S.I. 1996/218, art. 2Words in s. 33A(3)(s) substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 13(b); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 33A(3)(a) inserted (1.10.2001) by 2000 c. 27, s. 90(1)(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 33A(3)(d) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 34(3)(c); S.I. 1996/218, art. 2Words in s. 33A(4) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 34(4)(a); S.I. 1996/218, art. 2Words in s. 33A(4) substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 13(c); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in art. 3-20)Words in s. 33A(4) inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 13(c); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33A(6)-(9) repealed (1.10.2001) by 2000 c. 27, ss. 90(1)(b), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33A(10)(11) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 34(5), Sch. 6; S.I. 1996/218, art. 2S. 33AA inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 90(2); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33AB inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 90(2); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Cross heading, ss. 33A and 33B inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 11; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.Words in s. 33B(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 35(1); S.I. 1996/218, art. 2S. 33B(2) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33B(3)(3A) substituted for s. 33B(3) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 35(3); S.I. 1996/218, art. 2Words in s. 33B(4) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 35(4); S.I. 1996/218, art. 2S. 33BA inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 91; S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33BAA inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 92; S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33BC substituted (1.10.2001) for s. 33BB by 2000 c. 27, s. 99; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)Definition of “energy efficiency target” in s. 33BC(2) modified (15.12.2001) by S.I. 2001/4011, art. 51989 c. 29. S. 33BB inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 36; S.I. 1996/218, art. 2S. 33BB extended (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 21; S.I. 1996/218, art. 2S. 33C inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 12; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.Words in s. 33C(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 36(1); S.I. 1996/218, art. 2s. 33C(1)(c) and word “and”immediately preceding it repealed (1.10.2001) by 2000 c. 27, ss. 93(2), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33C(1A) inserted (1.10.2001) by 2000 c. 27, s. 93(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 33C(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 37(2)(a); S.I. 1996/218, art. 2Words in s. 33C(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 37(2)(b); S.I. 1996/218, art. 2Words in s. 33C(2)(b) repealed (1.10.2001) by 2000 c. 27, ss. 93(4), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 33C(2)(b) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 14; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33C(2A) inserted (1.10.2001) by 2000 c. 27, s. 93(5); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33C(4)(5) repealed (1.10.2001) by 2000 c. 27, ss. 20(7), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33D substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 94; S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33DA inserted (7.11.2000 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 20(5); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33E repealed (7.11.2000 for s. 33E(2)(a) and oherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 15, Sch. 8; S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33F and cross heading inserted (1.10.2001) by 2000 c. 27, s. 97; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 33F and cross heading inserted (1.10.2001) by 2000 c. 27, s. 97; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 34(1)(a)(b) substituted for words in s. 34(1) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 40(1); S.I. 1996/218, art. 2S. 34(2)(a)(b) substituted for words in s. 34(2) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 40(2); S.I. 1996/218, art. 2Words in s. 34(4) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 40(3); S.I. 1996/218, art. 2S. 35 substituted (20.12.2000) by 2000 c. 27, s. 6(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)S. 36(1)(2) substituted (31.10.1994) by 1993 c. 1, s. 3; S.I. 1994/2568, art. 2Words in s. 36(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 42(1)(a); S.I. 1996/218, art. 2Words in s. 36(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 42(1)(b); S.I. 1996/218, art. 2Words in s. 36(1) substituted (1.10.2001) by 2000 c. 27, s. 95(4)(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 36(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 42(2)(a); S.I. 1996/218, art. 2Words in s. 36(2)(c) omitted (1.10.2001) by virtue of 2000 c. 27, s. 108, Sch. 6, Pt. I para. 16(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20) and are repealed (prosp.) by 2000 c. 27, ss. 108, 110(2), Sch. 8Words in s. 36(2) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 42(2)(b); S.I. 1996/218, art. 2Words in s. 36(2)(c) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 16(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 36(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 42(2)(c); S.I. 1996/218, art. 2Words in s. 36(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 42(2)(d); S.I. 1996/218, art. 2S. 36(2)(f) and word “and”immediately preceding it inserted (1.10.2001) by 2000 c. 27, s. 95(4)(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 36A inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 43; S.I. 1996/218, art. 2S. 36A(3)(3A) substituted for s. 36A(3) (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 3(5) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.S. 36A(3) restricted (26.11.1998 for specified purposes, otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 3(1) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.Words in s. 36A(6) repealed (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. II para. 3(7), Sch. 14 Pt. I (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.S. 36A(7)(b) substituted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 3(8) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.Words in s. 36A(10) substituted (26.11.1998 for certain purposes and otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 3(11) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2 Sch.S. 36B inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 44; S.I. 1996/218, art. 21985 c.72. S. 37 substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 45; S.I. 1996/218, art. 2Words in s. 37(1) substituted (1.10.2001) by 2000 c. 27, s. 102(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 37(2)(4) substituted (1.10.2001) by 2000 c. 27, s. 102(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 38(1) substituted (1.10.2001) by 2000 c. 27, s. 95(5)(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 38(1) substituted (1.10.2001) by 2000 c. 27, s. 95(5)(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 38(1) substituted (1.10.2001) by 2000 c. 27, s. 95(5)(c); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Word in s. 38(1) substituted (1.10.2001) by 2000 c. 27, s. 95(5)(d); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 38(1) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 46(1)(b), Sch. 6; S.I. 1996/218, art. 2S. 36(1A)(1B) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 46(2); S.I. 1996/218, art. 2Words in s. 38(1A) substituted (20.12.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 17(a); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)Words in s. 38(2)(4) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 46(3); S.I. 1996/218, art. 2Words in s. 38(3) substituted (20.12.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 17(b); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)S. 38A substituted (1.10.2001) by 2000 c. 27, s. 87; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 39 repealed (1.10.2001) by 2000 c. 27, ss. 5(10), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 40 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 41 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Ss. 41A, 41B and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 98; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 41I inserted (20.12.2000) by 2000 c. 27, s. 18(5);S.I. 2000/3343,art. 2, Sch. (subject to transitional provisions in arts. 3-15)S. 42 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 43(1A) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 51; S.I. 1996/218, art. 2Words in s. 43 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 46 applied (29.9.2000) by 2000 c. 27, s. 106(4); S.I. 2000/2412, art. 2, Sch. (subject to transitional provisions in art. 3(2))Words in s. 46(1) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 52(1), Sch. 6; S.I. 1996/218, art. 2S. 46(2)-(5) substituted for s. 46(2)(3) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 52(2); S.I. 1996/218, art. 2Words in s. 46 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 46(1) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 18; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 47(1)(c) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 9(2)(a); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.Words in s. 47(1)(d) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 9(2)(b); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.Power to repeal or modify s. 47(3)(4) conferred by Health and Safety at Work etc. Act 1974 (c. 37), s. 15 (as amended (1.3.1996) by Offshore Safety Act 1992 (c. 15), s. 2(3)(b); S.I. 1996/487, art. 2)S. 47(3)(aa) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 53(1)(a); S.I. 1996/218, art. 2Words in s. 47(3)(b) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 53(1)(b); S.I. 1996/218, art. 2S. 47(5) repealed (1.3.1996) so far as relating to proceedings for offences created by regulations made or having effect under section 16 of this Act so far as relating to standards affecting safety by Offshore Safety Act 1992 (c. 15), s. 3(3)(b), Sch. 2; S.I. 1996/487, art. 2Words in s. 47(5) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 53(2); S.I. 1996/218, art. 2S. 47(7)(8) substituted (20.12.2000) for sub (7) by 2000 c. 27, s. 100; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)S. 48(1) amended (temp. until 31.12.1999) (1.4.1992) by S.I. 1992/450, reg. 3(4)(b).Words in s. 48 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)Definition of “authorised supplier” in s. 48(1) inserted (7.11.2000 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 19(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Definition of “authorised transporter” in s. 48(1) inserted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 19(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Definition of “the council” in s. 48(1) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 48(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(b); S.I. 1996/218, art. 2Definition of “domestic customer” in s. 48(1) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 19(c), Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Definition of “exemption” in s. 48(1) inserted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 19(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 48(1) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(d); S.I. 1996/218, art. 2Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 144(4), Sch. 18 para. 44(a) (subject to the transitional provisions referred to in S.I. 1990/1392 art. 2(d))Definition in s. 48(1) inserted (1.4.1992) by S.I. 1992/450, reg. 3(2).Definition of “licence” in s. 48(1) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 19(d); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)Words in s. 48(1) repealed (1.4.1999) by S.I. 1999/506, art. 20(d)Words in s. 48(1) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(f); S.I. 1996/218, art. 2Words in s. 48(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(g); S.I. 1996/218, art. 2Words in s. 48(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(h); S.I. 1996/218, art. 2Words in s. 48(1) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 54(1)(i), Sch. 6; S.I. 1996/218, art. 2Words in s. 48(1) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(j); S.I. 1996/218, art. 2Words in s. 48(1) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 54(1)(k), Sch. 6; S.I. 1996/218, art. 2Definition of "therm" in s. 48(1) omitted (1.1.2000) by virtue of S.I. 1992/450, reg. 3(5)(e).S. 48(1A) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(2); S.I. 1996/218, art. 2Words in s. 48(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(3); S.I. 1996/218, art. 2S. 48(2A)-(3) substituted for s. 48(3) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(4); S.I. 1996/218, art. 21995 c.26. S. 48(3)(4) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)Pt. II (ss. 49-61) extended (15.12.2001) by S.I. 2001/4011, art. 12(1)(b)24.8.1986 appointed for the purposes of section 49(1) by S.I. 1986/13181985 c. 6. 1975 c. 24. 1975 c. 25. 1968 c. 13. 1955 c. 6. (4 & 5 Eliz. 2.) 1948 c. 67. Ss. 51(7), 52(5) repealed by Finance Act 1988 (c. 39, SIF 114), s. 148, Sch. 14 Pt. XISs. 51(7), 52(5) repealed by Finance Act 1988 (c. 39, SIF 114), s. 148, Sch. 14 Pt. XI1985 c. 6. S. 58 repealed by Financial Services Act 1986 (c. 60, SIF 69), s. 212(3), Sch. 17 Pt. I1961 c. 62. S. 60(1)(b) and word preceding it repealed (31.7.1998 but without effect in relation to gas levy for the year 1997-98 or any previous year) by 1998 c. 36, s. 165, Sch. 27 Pt. V(3) Note 1Words in s. 60(2) substituted (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 10 para. 13 (with ss. 60, 101(1), 201(3)).S. 60(3) substituted (29.4.1996) by 1996 c. 8, s. 104, Sch. 14 para. 4 (with ss. 80-105)1988 c. 1. S. 60(4) repealed (31.7.1998 but without effect in relation to gas levy for the year 1997-98 or any previous year) by 1998 c. 36, s. 165, Sch. 27 Pt. V(3) Note 1Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 144(4), Sch. 18 para. 44(b) (subject to the transitional provisions referred to in S.I. 1990/1392, art. 2(d))S. 63 repealed (1.3.1996) by 1995 c. 45, ss. 11(6), 17(5), Sch. 6 (with Sch. 5 Pt. II para. 23); S.I. 1996/218, art. 2Words in s. 64(2) inserted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 21; S.I. 2001/3266, arts. 1(2), 2 Sch. (subject to transitional provisions in arts. 3-20)1972 c. 60. Definition of “the Authority ” in s. 66 inserted (20.12.2000) by 2000 c. 27 s. 108, Sch. 6 Pt. I para. 22(a); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)Definition of “the Director ” in s. 66 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)1978 c. 30. 1978 c. 30. Power of appointment conferred by s. 68(5) fully exercised: S.I. 1986/1315, 18091975 c. 24. S. 22(5) omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(2)(c)S. 30A(2)(2A) substituted for s. 30A(2) (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 3; S.I. 2014/416, art. 2(1)(e) (with Sch.)Words in s. 4AA(2)(b) substituted (11.1.2024) by Energy Act 2023 (c. 52), ss. 248(3), 334(1); S.I. 2024/32, reg. 2(b)(iii)Words in s. 28(8) substituted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(5)(b)Word in s. 8N(1)(a) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(2)(c)(i) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)S. 19C(7)(f) and word omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(10)(d)Words in s. 33BCA(9)(a) substituted (26.12.2023) by Energy Act 2023 (c. 52), ss. 214(2)(b), 334(3)(g)Word in s. 8J(4)(a) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 17(5)(a) (with reg. 17(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(6)); 2020 c. 1, Sch. 5 para. 1(1)S. 30(4) modified (E.W.) (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 12 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)S. 19CA(1) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 27(3); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 19C(7)(d) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(10)(c)Word in s. 27B(2) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 28(3)(b)Words in s. 27(1ZA)(b) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 47 (with art. 3)S. 8(6A) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 150(7), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2Words in s. 19D(12)(a)(i) omitted (26.8.2004) by virtue of The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(o)(i)Words in s. 41I heading substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(17)(a) (with art. 5)S. 8G(10)(11) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 16(7) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(5)(b)(i)(ii)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8G(7)(b) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 16(5) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(5)(a)); 2020 c. 1, Sch. 5 para. 1(1)S. 8K(3) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 18(3) (with reg. 20) (as amended by S.I. 2020/1016, regs. 1(2), 3(7)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 19D(8) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(i)S. 7 modified (26.12.2023) by Energy Act 2023 (c. 52), ss. 134, 334(3)(c)Ss. 41F(4)-(4D) substituted for s. 41F(4) (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 15(13)(b); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)S. 17(7A) inserted (1.4.2009) by Energy Act 2008 (c. 32), ss. 93(4), 110(2); S.I. 2009/45, art. 3(b)(i)Words in s. 41G(2)(a) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(16) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)S. 33BC(7A)(7B) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(9), 121(3)Words in s. 8D(3) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 12(b) (with reg. 14) (as amended by S.I. 2020/1016, regs. 1(2), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 30 substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(4)(c)Word in s. 41EB(1) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 51(2) (with art. 3, Sch. 2 para. 2)Words in s. 36A(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(9)(a)(i) (with art. 3)S. 33BC(5)(g) and words inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(6)(e), 121(3)Words in s. 36A(3A) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 1(2)(b)S. 30A(8A) substituted for s. 30A(8)(9) (18.2.2014) by Energy Act 2013 (c. 32), s. 156(2)(h), Sch. 14 para. 1(4) (with Sch. 14 para. 1(8))Word in s. 38(1) substituted (18.2.2014) by Energy Act 2013 (c. 32), s. 156(2)(h), Sch. 14 para. 1(6)S. 50(3)-(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 7S. 23C(2A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 17(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 8D(3)(a) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 12(c) (with reg. 14) (as amended by S.I. 2020/1016, regs. 1(2), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 23B(2)(d) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(6)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 19C(2) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(3)(a)S. 8G(9)(a) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 16(6)(a); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 23G(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 21(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 41F(8) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(14)(b) (with art. 5)S. 41C(4)(d) and word inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 26(b)S. 33BD inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 68, 121(3)Words in s. 19D(12)(a)(iii) substituted (26.8.2004) by virtue of The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(p)Words in s. 19C(8) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(11)Words in s. 4AA(6) substituted (26.1.2009) by Energy Act 2008 (c. 32), ss. 83(1)(d), 110(2); S.I. 2009/45, art. 2(d)(i)S. 5(1)(d) and word inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 19(2)(b) (with art. 38(1)(4)(5))Word in s. 36A(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(6) (with art. 3)S. 7B(1)-(2A) excluded (26.12.2023) by Energy Act 2023 (c. 52), ss. 135(6), 334(3)(c)S. 19AA(4)(d) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(5)(d) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(9)); 2020 c. 1, Sch. 5 para. 1(1)S. 7(3A) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 18(3)Words in s. 6A(1B)(a) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(3) (with art. 5)Words in s. 41EB(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 26(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 4AA(2)(b) substituted (26.11.2008) by Energy Act 2008 (c. 32), ss. 102(3), 110(2)S. 19D(11A)(11B) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 13(5)Word in s. 23E(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 8M heading substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 19(2) (with reg. 20) (as amended by S.I. 2020/1016, regs. 1(2), 3(7)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8N(3)(b) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(4)(b)(ii) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)S. 19DZA(5A) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 29(3); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 41D(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 23(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 27B heading substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 31(2); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 19A(7) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(10)Words in s. 4D(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 46(b) (with art. 3)Words in s. 19A(9) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(13)Words in s. 33BC(5)(d) substituted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(6)(b), 121(3)Words in s. 19E(5) inserted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 6(l)(ii)S. 19D(13)(14) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 28(3) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(11)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 33BC(1) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 15(2)(a), 28(3); S.I. 2007/538, art. 2Word in s. 8K(10) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 18(5) (with reg. 20) (as amended by S.I. 2020/1016, regs. 1(2), 3(7)); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 8F(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 15(2)(b) (with reg. 15(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(4)); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 4B(4) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 21(2)(a)Words in s. 8N(3) inserted (15.1.2015) by The Electricity and Gas (Ownership Unbundling) Regulations 2014 (S.I. 2014/3333), regs. 1(1), 2(6) (with reg. 4)Word in s. 23E(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 19C(7)(b) omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(10)(b)Words in s. 8H(1) substituted (15.1.2015) by The Electricity and Gas (Ownership Unbundling) Regulations 2014 (S.I. 2014/3333), regs. 1(1), 2(2) (with reg. 4)Ss. 4AA-4A excluded (26.1.2009) (with application in accordance with s. 90 of the amending Act) by Counter-Terrorism Act 2008 (c. 28), ss. 89(3), 100(3) (with s. 101(2))Words in s. 19D(10) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(k)Words in s. 7(3) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(5), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2Words in s. 19A(11) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(16)Word in s. 41E(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 24(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 48(1) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 35(4) (as amended by virtue of The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(14)(a)(b)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8G(9)(b) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 16(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)S. 23C(1) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 17(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 4D(1)(d) repealed (31.12.2020 immediately before IP completion day) by The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 10(2)Ss. 4AA-4B applied (31.1.2024) by Energy Act 2023 (c. 52), ss. 178(1), 334(1); S.I. 2024/32, reg. 3(a)(viii)S. 36A(3)(c) substituted for s. 36A(3)(c)(d) (31.12.2020) by S.I. 2019/93, Sch. 1 para. 2(3) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 14)Words in s. 19D(11B) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 28(2); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8R(2) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 23(2); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 22(1) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(2)(a)(ii)Words in s. 4AA(8) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(8)(a), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2Words in s. 8K(2)(a) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 18(2)(c) (with reg. 20) (as amended by S.I. 2020/1016, regs. 1(2), 3(7)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 19D(1) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 13(2)Words in s. 33AB(1)(b) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(9)(b) (with art. 5)Words in s. 41E(4) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(13) (with art. 5)Word in s. 64(2) omitted (8.6.2010) by virtue of Energy Act 2010 (c. 27), s. 38(3), Sch. para. 4Words in s. 41I substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(17)(b) (with art. 5)Words in s. 41E(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 24(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 19CA(4)(a) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 27(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 33DA(1) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(12)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)S. 17 modified (1.4.2009) by Energy Act 2008 (c. 32), ss. 92(2)(5), 110(2); S.I. 2009/45, art. 3(b)(i)Words in s. 22(3) omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(2)(b)Word in s. 23B(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 16(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Ss. 19A(1)-(1D) substituted for s. 19A(1) (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(3)S. 28 cross-heading substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(3)Words in s. 28(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 2(2); S.I. 2014/416, art. 2(1)(e) (with Sch.)Ss. 27B(1)-(1B) substituted for s. 27B(1) (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 28(3)(a)Words in s. 46(2) inserted (1.8.2021) by The Gas Act 1986 and Electricity Act 1989 (Electronic Communications) Order 2021 (S.I. 2021/789), arts. 1(2), 2(3)Word in s. 4C(2) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 21(2)(b)Words in s. 33BCA(3)(b) inserted (26.12.2023) by Energy Act 2023 (c. 52), ss. 214(2)(a)(i), 334(3)(g)Words in s. 33BC(11) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(11) (with art. 5)Words in s. 51(4)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 70(4) (with art. 10)Words in s. 48(1) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 47(2)(b)Word in s. 41F(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 27(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 33BC(7) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 2(6); S.I. 2007/538, art. 2Words in s. 6A(1) substituted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 20Ss. 19A(5)-(11) substituted for s.19(5) (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 1(f)Words in s. 19C(2) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 3(c)Words in s. 19CA heading omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 27(2); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8D(3)(b) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 12(d)(ii) (with reg. 14) (as amended by S.I. 2020/1016, regs. 1(2), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8E heading substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 13(2) (with reg. 14) (as amended by S.I. 2020/1016, regs. 1(2), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)S. 19CA(4)(c) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 27(5)(c) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(10)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 19A(2) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 1(c)Word in s. 41EB(2)(a) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 51(4)(a) (with art. 3, Sch. 2 para. 2)Words in s. 27B(3) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 28(3)(c)(ii)S. 4C inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 32Words in s. 4AA(1A)(c) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 8(2)(a); 2020 c. 1, Sch. 5 para. 1(1)S. 7B modified (26.12.2023) by Energy Act 2023 (c. 52), ss. 134, 334(3)(c)S. 62 repealed (1.3.2005) by The Competition Act 1998 (Transitional, Consequential and Supplemental Provisions) Order 2000 (S.I. 2000/311), arts. 1, 18S. 27(3)(4) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 4(4), Sch. 26; S.I. 2003/1397, art. 2(1), Sch.S. 8AA(11A) inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 23(3)Words in s. 8M(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 19(3) (with reg. 20) (as amended by S.I. 2020/1016, regs. 1(2), 3(7)); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 36A(4) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 17(3); S.I. 2003/1397, art. 2(1), Sch.Words in s. 48(1) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 28; S.I. 2014/416, art. 2(1)(d) (with Sch.)Word in s. 8N(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(2)(a) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 23D heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 18(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 19C(6A) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(9)Words in s. 33BC(6) substituted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(8), 121(3)Words in s. 19A(2) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(4)Words in s. 19C(9) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(13)(a)Words in s. 36A(2B) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(4)(c) (with art. 3)S. 19A(6A) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(9)Words in s. 4AA(8) substituted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 2(2)(b)S. 8J(4)(c) and word omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 17(5)(b) (with reg. 17(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(6)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8R(3) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 23(3); 2020 c. 1, Sch. 5 para. 1(1)S. 8G(1)(b) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 16(2)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 4D(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(2)(a); 2020 c. 1, Sch. 5 para. 1(1)Ss. 24-26A omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 41(9) (with reg. 42)S. 33BC heading substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 2(2); S.I. 2007/538, art. 2Words in s. 4AA(1A)(a) substituted (26.12.2023) by Energy Act 2023 (c. 52), ss. 202(2), 334(3)(f)Words in s. 23B(2)(d) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(6)(a) (with art. 5)S. 23 modified (26.12.2023) by Energy Act 2023 (c. 52), ss. 80(2), 334(3)(b)Words in s. 48(1) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 35(3); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 19E(1) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 6(h)(i)S. 19C(5)-(10) substituted for s. 19C(5) (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 3(f)S. 36(4) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 97(3), 115(3)(k)Words in s. 48(1) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 35(5); 2020 c. 1, Sch. 5 para. 1(1)Ss. 11A-11C and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 7(2)Words in s. 27(1)(b) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 150(8), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2S. 19C(2A)-(2C) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(4)Words in s. 19D(11) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(n)S. 48(1ZA) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 47(3)Words in s. 36A(3A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(7) (with art. 3)S. 28(4A)(4B) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 2(3); S.I. 2014/416, art. 2(1)(e) (with Sch.)Words in s. 66 omitted (1.4.2014) by virtue of The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(19)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Word in s. 4D(1)(b) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 48(1) substituted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 27(a)Words in s. 30C(1) substituted (8.6.2010) by Energy Act 2010 (c. 27), ss. 24(1), 38(3) (with s. 24(3))Words in s. 48(1) inserted (14.1.2015) by The Electricity and Gas (Internal Markets) Regulations 2014 (S.I. 2014/3332), regs. 1(1), 2(b)S. 8F(5)-(8) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 15(4) (with reg. 15(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(4)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 4AA(5) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 83(b), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1Words in s. 55(3) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 70(5)(a) (with art. 10)Words in s. 41F(3A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 27(4)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 33BAA(1)(c) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(10) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 8K(2)(b) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 18(2)(d) (with reg. 20) (as amended by S.I. 2020/1016, regs. 1(2), 3(7)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 29 substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(4)(b)Words in s. 17(10) substituted (1.4.2009) by Energy Act 2008 (c. 32), ss. 93(3), 110(2); S.I. 2009/45, art. 3(b)(i)Word in s. 41F(3A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 27(4)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 19C(5A) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(7)Words in s. 33BC(5)(e) substituted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(6)(c)(i), 121(3)S. 33BDA(3)(da)-(dc) inserted (26.12.2023) by Energy Act 2023 (c. 52), ss. 214(3)(a)(ii), 334(3)(g)Words in s. 8G(1)(a) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 16(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 8M(5)(b) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 19(4) (with reg. 20) (as amended by S.I. 2020/1016, regs. 1(2), 3(7)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 66 inserted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(19)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 8N(4) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(5)(b) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 19A(6) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(8)(a)Words in s. 41I heading substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(18)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Ss. 4AA-4B applied (18.12.2011) by Energy Act 2011 (c. 16), ss. 78(1), 121(3)Ss. 4AA-4B applied (18.2.2014) by Energy Act 2013 (c. 32), ss. 136(1), 156(2)Word in s. 8K(5) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 18(4) (with reg. 20) (as amended by S.I. 2020/1016, regs. 1(2), 3(7)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 27(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 4(3)(c); S.I. 2003/1397, art. 2(1), Sch.Word in s. 64(2) inserted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 2; S.I. 2009/45, art. 2(e)(iv)Words in s. 5(1)(a) inserted (14.8.2006) by Energy Act 2004 (c. 20), ss. 149(2)(a), 198(2); S.I. 2006/1964, art. 2, Sch.Word in s. 41E heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 24(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 4AB(3)(b)(ba) substituted for s. 4AB(3)(b) (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(2) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Word in s. 23C(2) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 17(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 36A(10) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 17(8); S.I. 2003/1397, art. 2(1), Sch.Words in s. 41I substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(18)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Ss. 4AA-4B applied (26.11.2008) by Energy Act 2008 (c. 32), ss. 102(1), 110(2)S. 27B(2A) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 31(4) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(12)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 28(6)(a) inserted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 2(5)(b); S.I. 2014/416, art. 2(1)(e) (with Sch.)Words in s. 19D(12)(a)(i) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(o)(ii)Words in s. 36A(6) substituted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(9)(a)(ii) (with art. 3)Words in s. 27D(4)(a) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 33(3); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 48(1) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(11), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2Words in s. 33BC(3) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 2(3); S.I. 2007/538, art. 2S. 19D(2A)(2B) inserted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(d)Words in s. 33BC(6) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 2(5); S.I. 2007/538, art. 2S. 19A(4)(5) omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(7)Word in s. 27(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 22; S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 4D(2)(d) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(3)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 7A(3) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(7), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2Words in s. 28(6) inserted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 2(5)(a); S.I. 2014/416, art. 2(1)(e) (with Sch.)Words in s. 19E(1) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 98 (with arts. 6, 11, 12)Words in s. 36A(2A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(3)(b) (with art. 3)S. 8N(5)(b) and word omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(6)(b) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8N(1)(b) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(2)(d)(ii) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8E(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 13(3) (with reg. 14) (as amended by S.I. 2020/1016, regs. 1(2), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 33BC(5)(b) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 2(4)(b); S.I. 2007/538, art. 2S. 19D(10)(a) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(l)Word in s. 48(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 21(2)(c)S. 19AA(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(4); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 4C inserted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 2(2)Words in s. 36A(7)(b) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 1(2)(c)Ss. 30G-30O inserted (18.2.2014) by Energy Act 2013 (c. 32), s. 156(2)(h), Sch. 14 para. 1(2) (with Sch. 14 para. 1(8))Words in s. 19DZA(5)(b)(ii) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 29(2); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 4AA(6) inserted (8.6.2010) by Energy Act 2010 (c. 27), ss. 16(8), 38(3)Words in s. 22(1) omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(2)(a)(i)Words in s. 19A(10) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(15)(a)S. 64A inserted (14.8.2006) by Energy Act 2004 (c. 20), ss. 153, 198(2); S.I. 2006/1964, art. 2, Sch.Words in s. 4AA(5) inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 18(2)(b)S. 4AA(5)(ba) repealed (26.1.2009) by Energy Act 2008 (c. 32), ss. 83(1)(c), 110(2), Sch. 6; S.I. 2009/45, art. 2(d)(aa)(e)(vi)(i)S. 28(5)(c) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 2(4); S.I. 2014/416, art. 2(1)(e) (with Sch.)Words in s. 19C(6) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(8)S. 8N(9A) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(8) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)S. 7AB inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 21Ss. 41HA-41HC inserted (26.11.2008) by Energy Act 2008 (c. 32), s. 110(1)(b), Sch. 4 para. 1Words in s. 6A(1B)(a) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(3) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 27(2) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 150(8), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2Words in s. 41HB(2) substituted (26.10.2023) by Energy Act 2023 (c. 52), ss. 215(2)(b), 334(2)(k)Word in s. 23(4)(b)(iii) omitted (1.4.2014) by virtue of The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(5)(a) (with Sch. 1 para. 28, 2 paras. 13-15)S. 36A(9) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 17(7), Sch. 26; S.I. 2003/1397, art. 2(1), Sch.Words in s. 48(1) inserted (14.7.2020) by The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 6(b)Words in s. 48(1) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 35(2); 2020 c. 1, Sch. 5 para. 1(1)S. 7B(2C) inserted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 2(3)S. 19C(7)(e) substituted (31.12.2020 immediately before IP completion day) by The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 10(6)(a)Words in s. 4D(3) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(4)(a); 2020 c. 1, Sch. 5 para. 1(1)S. 19D(6)(a) ceased to have effect (26.8.2004) by virtue of The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(f)Words in ss. 23F(3)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 20(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 33BC(5A)(5B) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(7), 121(3)S. 41C(4A) inserted (18.2.2014) by Energy Act 2013 (c. 32), ss. 143(1), 156(2)Words in s. 23B(4)(c) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(6)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)S. 34(5) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)Words in s. 19E(1) omitted (26.8.2004) by virtue of The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 6(b)Word in s. 8N(4) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(5)(a) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8G(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 16(3)(a); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 48(1) substituted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 2(10)(c)S. 41EB(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 51(5) (with art. 3, Sch. 2 para. 2)Words in s. 27A(1)(a)(ii) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(7) (with art. 5)Words in s. 41G(2)(a) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(15) (with art. 5)Words in s. 48(1) inserted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 2(10)(a)S. 36(2A) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 183(1), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1S. 19C(1)-(1B) substituted for s. 19C(1) (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(2)Words in s. 33BC(4) substituted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(5), 121(3)S. 19DZA(9) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 29(5); 2020 c. 1, Sch. 5 para. 1(1)S. 33 repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 8; S.I. 2008/2550, art. 2, Sch.Words in s. 33BDA(9)(b) substituted (26.12.2023) by Energy Act 2023 (c. 52), ss. 214(3)(b), 334(3)(g)S. 5(6)-(10) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(3), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2S. 19DZA inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 14S. 8K(10) inserted (15.1.2015) by The Electricity and Gas (Ownership Unbundling) Regulations 2014 (S.I. 2014/3333), regs. 1(1), 2(4) (with reg. 4)S. 19CA(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 27(4); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 8N(10) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(9)(a) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)S. 33DA(1)(a)(iii) inserted (18.12.2011) by Energy Act 2011 (c. 16), s. 121(5)(a), Sch. 1 para. 1S. 8N(6)-(9) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(7) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 33AB(4)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)Words in s. 30E substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(4)(f)S. 8 applied (with modifications) (1.12.2004) by Energy Act 2004 (c. 20), ss. 152(3), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2Word in s. 41F(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 27(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 36(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 97(2), 115(3)(k)Words in s. 19AA(4)(a) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)S. 19A(8)(e) substituted (31.12.2020 immediately before IP completion day) by The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 10(5)(a)Words in s. 19D(11) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 13(4)Word in s. 4AA(1A) omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 26(1)(a)S. 27B cross-heading substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 30; 2020 c. 1, Sch. 5 para. 1(1)Word in s. 8N(3)(b) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(4)(b)(i) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 8G(1)(a) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 16(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 34(1)(a) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 30(2)S. 36A(5)(5A) substituted for s. 36A(5) (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 17(4); S.I. 2003/1397, art. 2(1), Sch.S. 19C(2C) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 26; 2020 c. 1, Sch. 5 para. 1(1)Words in s. 41H(2)(a) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(17) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 17(8) substituted (1.4.2009) by Energy Act 2008 (c. 32), ss. 93(3), 110(2); S.I. 2009/45, art. 3(b)(i)Ss. 8AA(10A)-(10D) inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 23(2)Words in ss. 41F(3B)-(4C) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 27(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 19CA inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 12Ss. 4AA-4B applied (18.12.2011) by Energy Act 2011 (c. 16), ss. 98(13), 121(3)S. 4AA extended by 2000 c. 27, s. 5A(11), (as inserted (30.12.2003) by Sustainable Energy Act 2003 (c. 30), ss. 6, 9(8))Words in s. 33BC(5)(d) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 2(4)(d); S.I. 2007/538, art. 2Words in s. 19A(2) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 1(b)Words in s. 19AA(4)(b) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(5)(b) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(9)); 2020 c. 1, Sch. 5 para. 1(1)S. 46(1A)-(1E) inserted (1.8.2021) by The Gas Act 1986 and Electricity Act 1989 (Electronic Communications) Order 2021 (S.I. 2021/789), arts. 1(2), 2(2)Words in s. 19D inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 13(3)Words in s. 4D(1)(b) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 7B(3) inserted (31.1.2024) by Energy Act 2023 (c. 52), ss. 168(4)(a), 334(1); S.I. 2024/32, reg. 3(a)(v)Word in s. 8E(5)(b) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 13(5) (with reg. 14) (as amended by S.I. 2020/1016, regs. 1(2), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 7B(4)(a) substituted (19.9.2012) by virtue of The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 22(3)Words in s. 4D(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 10(3)(c)S. 4AA(2)(c) and preceding word inserted (26.1.2009) by Energy Act 2008 (c. 32), ss. 83(1)(b), 110(2); S.I. 2009/45, art. 2(d)(i)Word in s. 41F(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 27(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 8H(9A) inserted (15.1.2015) by The Electricity and Gas (Ownership Unbundling) Regulations 2014 (S.I. 2014/3333), regs. 1(1), 2(3) (with reg. 4)S. 23(1)-(4A) and heading substituted for s. 23(1)-(4) and heading (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 41(3) (with reg. 42)Words in s. 36A(7)(a) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 17(5); S.I. 2003/1397, art. 2(1), Sch.Words in s. 8K(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 18(2)(a) (with reg. 20) (as amended by S.I. 2020/1016, regs. 1(2), 3(7)); 2020 c. 1, Sch. 5 para. 1(1)S. 5(1)(aa) inserted (14.8.2006) by Energy Act 2004 (c. 20), ss. 149(2)(b), 198(2); S.I. 2006/1964, art. 2, Sch.S. 41F(3A)(3B) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 15(13)(a); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)S. 8(3) restricted (26.12.2023) by Energy Act 2023 (c. 52), ss. 140(4), 334(3)(c)Words in s. 8Q(1) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 22(c); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 8(1) omitted (25.5.2024) by virtue of The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 2(4)(a)Ss. 8C-8Q and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 4Words in s. 41D(2) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(13) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 8K(2) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 18(2)(b) (with reg. 20) (as amended by S.I. 2020/1016, regs. 1(2), 3(7)); 2020 c. 1, Sch. 5 para. 1(1)S. 41EB(1A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 51(3) (with art. 3, Sch. 2 para. 2)Words in s. 4AA(4)(a) inserted (1.4.2006 for specified purposes, 1.4.2010 in so far as not already in force) by Energy Act 2004 (c. 20), ss. 179(2)(3)(d), 198(2); S.I. 2005/2965, art. 3Ss. 4AA-4B applied (18.2.2014) by Energy Act 2013 (c. 32), ss. 141(1), 156(2)Word in s. 19E(1) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 7(4)S. 19A(12) omitted (31.12.2020 immediately before IP completion day) by virtue of The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 10(5)(b)S. 36A(2C) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(5) (with art. 3)S. 27(1ZA)(a) amended (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 1(1), Sch. 4 para. 6Word in s. 36A(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(2) (with art. 3)Word in s. 64(2) substituted (18.2.2014) by Energy Act 2013 (c. 32), s. 156(2)(h), Sch. 14 para. 1(7)Words in s. 33BDA(3)(c) inserted (26.12.2023) by Energy Act 2023 (c. 52), ss. 214(3)(a)(i), 334(3)(g)S. 27C(8) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 28(4)(b)S. 7ZA modified (1.12.2004) by Energy Act 2004 (c. 20), ss. 152(2), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2S. 33BC(9A)(9B) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(11), 121(3)Word in s. 8F(4)(a) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 15(3)(b) (with reg. 15(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(4)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8N(1)(a) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(2)(c)(ii) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)S. 8Q(5) substituted (24.4.2017) by The Electricity and Gas (Internal Markets) Regulations 2017 (S.I. 2017/493), regs. 1(1), 2 (with reg. 7(1))Words in s. 8Q(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 22(a); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 19A(10) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(15)(b)Word in s. 36A(2A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(3)(a) (with art. 3)S. 30A(7)(c)(d) substituted for s. 30A(7)(c) (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(8)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 4AA(5) omitted (8.6.2010) by virtue of Energy Act 2010 (c. 27), ss. 16(6)(b), 38(3)Word in s. 4D(3) substituted (31.12.2020 immediately before IP completion day) by The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 10(3)(b)Words in s. 33AB(1)(a)(ii) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(9)(a) (with art. 5)Words in s. 7(4) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 18(4)Ss. 4AA-4B applied (8.4.2010) by Energy Act 2010 (c. 27), ss. 30(1), 38(1)Words in s. 33F(10) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 70(2) (with art. 10)Ss. 33BC(5)(ba)-(c) substituted for s. 33BC(5)(ba)(c) (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(6)(a), 121(3)Word in s. 23D(2)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 18(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 33BC(1) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 15(2)(b), 28(3); S.I. 2007/538, art. 2Words in s. 27A(9)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)Words in s. 41F(7) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(15)(a)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Word in s. 23B heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 16(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 19AA(4)(c) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(5)(c) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(9)); 2020 c. 1, Sch. 5 para. 1(1)S. 19DB inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 15Words in s. 19C(10) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(14)Word in s. 36A(5)(5A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(8) (with art. 3)Words in s. 8Q(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 22(b); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 17(9) repealed (1.4.2009) by Energy Act 2008 (c. 32), ss. 93(5), 110(2), Sch. 6; S.I. 2009/45, art. 3(b)(i)Words in s. 8N(2) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(3)(b) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)S. 36A(6A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(10) (with art. 3)Words in s. 38(1) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(4)(h)Words in s. 27C(2) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 32(3); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 27(5) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 4(5)(a); S.I. 2003/1397, art. 2(1), Sch.S. 33BC(13)(14) added (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 15(5), 28(3); S.I. 2007/538, art. 2S. 4AB extended by 2000 c. 27, s. 5A(11) (as inserted (30.12.2003) by Sustainable Energy Act 2003 (c. 30), ss. 6, 9(8))S. 33BCA(3)(ca)-(cc) inserted (26.12.2023) by Energy Act 2023 (c. 52), ss. 214(2)(a)(ii), 334(3)(g)S. 19C(8A) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(12)Words in s. 19C(2) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 3(b)Ss. 4AA-4B applied (23.7.2018) by Smart Meters Act 2018 (c. 14), ss. 6(12), 14(5)Word in s. 41EA(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 25; S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 33BC(2) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 15(3), 28(3); S.I. 2007/538, art. 2S. 4D(2)(f) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(3)(e); 2020 c. 1, Sch. 5 para. 1(1)S. 7B(3A) inserted (31.1.2024) by Energy Act 2023 (c. 52), ss. 168(4)(b), 334(1); S.I. 2024/32, reg. 3(a)(v)Words in s. 33BC(5)(f) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 2(4)(d); S.I. 2007/538, art. 2Words in s. 36(2)(d) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(8)(b), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2S. 23(4)(b)(iv)(v) substituted for s. 23(4)(b)(iv) (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(5)(b) (with Sch. 1 para. 28, 2 paras. 13-15)Words in s. 33BC(13) inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 8 para. 1(4)Words in s. 27D(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 33(2); 2020 c. 1, Sch. 5 para. 1(1)S. 19AA(1) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(3); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 19A(8)(a) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(12)(a)Ss. 36A(2)-(2B) substituted for s. 36A(2) (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 17(2); S.I. 2003/1397, art. 2(1), Sch.Word in s. 41EB(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 26(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 8(5)(b) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(4) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 19D(6)(c) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(g)S. 41E(7)(8) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 15(11), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)Words in s. 33BC(5) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 2(4)(a); S.I. 2007/538, art. 2Words in s. 27B(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 31(3)(a); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 33BC(5)(f) substituted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(6)(d), 121(3)S. 23(6)-(10) substituted for s. 23(6)-(13) (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 41(5) (with reg. 42)Word in s. 23F(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 20(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 8(5)(b) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(4) (with art. 5)Words in s. 30C substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(4)(e)Words in s. 19CA(4)(b) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 27(5)(b) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(10)); 2020 c. 1, Sch. 5 para. 1(1)S. 4AA(5B) inserted (8.6.2010) by Energy Act 2010 (c. 27), ss. 16(7), 38(3)Words in s. 8J(3) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 17(4) (with reg. 17(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(6)); 2020 c. 1, Sch. 5 para. 1(1)Ss. 4AA-4B applied (26.10.2023 for specified purposes, 31.1.2024 in so far as not already in force) by Energy Act 2023 (c. 52), ss. 178(3), 334(1)(2)(h); S.I. 2024/32, reg. 3(a)(viii)Words in s. 4A(1)(2) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)Words in s. 33BC(3) substituted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(4), 121(3)Words in s. 41F(8) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(15)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)S. 7(10)(za) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 18(5)Words in s. 36A(3)(3A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 2; S.I. 2014/416, art. 2(1)(f) (with Sch.)Words in s. 4AA(5) substituted (8.6.2010) by Energy Act 2010 (c. 27), ss. 16(6)(a), 38(3)Word in s. 28(6) substituted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 6; S.I. 2008/2550, art. 2, Sch.S. 33BC(7C)-(7H) inserted (26.12.2023) by Energy Act 2023 (c. 52), ss. 214(1), 334(3)(g)Word in s. 8F(4) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 15(3)(a) (with reg. 15(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(4)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 48(1) inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 27(b)S. 19E(4) omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 46(c)Words in s. 48(1) inserted (14.1.2015) by The Electricity and Gas (Internal Markets) Regulations 2014 (S.I. 2014/3332), regs. 1(1), 2(a)S. 8(1)(d) and word inserted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 2(4)(b)S. 19D(10)(c) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(m)Words in s. 23(4)(b)(v) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(5) (with art. 5)Words in s. 8N(1) inserted (15.1.2015) by The Electricity and Gas (Ownership Unbundling) Regulations 2014 (S.I. 2014/3333), regs. 1(1), 2(5) (with reg. 4)Word in s. 23E(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 36A(2A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(3)(c) (with art. 3)S. 7ZA inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(6), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2S. 41EB(2)(aa) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 51(4)(b) (with art. 3, Sch. 2 para. 2)S. 36A(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 1(2)(a)Ss. 27B-27D and cross-heading inserted (29.6.2009) by The Gas and Electricity (Dispute Resolution) Regulations 2009 (S.I. 2009/1349), regs. 1(1), 2Words in s. 48(2B)(b) substituted (3.1.2012) by Pensions Act 2011 (c. 19), s. 38(3)(a), Sch. 1 para. 1S. 19C(4) omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(6)S. 19A(2C) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 24; 2020 c. 1, Sch. 5 para. 1(1)S. 19B(3A)(3B) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 10Words in s. 6A(1) inserted (14.8.2006) by Energy Act 2004 (c. 20), ss. 149(4), 198(2); S.I. 2006/1964, art. 2, Sch.Words in s. 8G(9)(b) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 16(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 19CA(4)(a) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 27(5)(a)(i) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(10)); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 23F heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 20(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 8R(4) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 23(4); 2020 c. 1, Sch. 5 para. 1(1)S. 19A(6)(a) omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(8)(b)Word in s. 23E heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 7B applied (with modifications) (1.12.2004) by Energy Act 2004 (c. 20), ss. 152(3), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2S. 4D inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 34S. 19D(9) ceased to have effect (26.8.2004) by virtue of The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(j)Word in s. 23G heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 21(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 27B(3) omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 28(3)(c)(i)S. 8G(6) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 16(4); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 4AA(3) substituted (8.6.2010) by Energy Act 2010 (c. 27), ss. 16(5), 38(3)S. 19A(7A) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(11)Words in s. 27A(1)(a) substituted (1.4.2014) by virtue of The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(7) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 27C(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 32(2); 2020 c. 1, Sch. 5 para. 1(1)S. 27C(9) omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 28(4)(c)S. 33DA(1A) inserted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(12)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)S. 8 modified (26.12.2023) by Energy Act 2023 (c. 52), ss. 134, 334(3)(c)Words in s. 8J(2) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 17(3)(b) (with reg. 17(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(6)); 2020 c. 1, Sch. 5 para. 1(1)S. 8F(4)(c) and word omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 15(3)(c) (with reg. 15(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(4)); 2020 c. 1, Sch. 5 para. 1(1)S. 33DB inserted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 5 para. 1(3) (with s. 48(3)); S.I. 2008/2550, art. 2, Sch.Word in s. 28(8) substituted (18.2.2014) by Energy Act 2013 (c. 32), s. 156(2)(h), Sch. 14 para. 1(3)S. 19DA omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 7(3)Words in s. 41E(4) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(14) (with Sch. 1 para. 28, 2 paras. 13-15)Words in s. 19E(5) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 6(l)(i)Word in s. 4D(1)(b) omitted (14.7.2020) by virtue of The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 2(2)(a)Words in s. 23B(2)(b) substituted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 24Word in s. 23G(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 21(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 27C(3) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 32(4); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 4AB(3)(ba) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(2) (with art. 5)Word in s. 19C(9) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(13)(b)Words in s. 28(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 2(2); S.I. 2014/416, art. 2(1)(e) (with Sch.)S. 19AA inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 9S. 33BC(12A)(12B) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(13), 121(3) (with s. 66(15))S. 27(1)(1ZA) substituted for s. 27(1) (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 4(2); S.I. 2003/1397, art. 2(1), Sch.S. 19D(2) ceased to have effect (26.8.2004) by virtue of The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(c)Words in s. 19D(1)(a) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(b)S. 33BC(10A) substituted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(12), 121(3)Words in s. 33BC(13) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(14), 121(3)Word in s. 8N(1)(b) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(2)(d)(i) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)S. 9(2A) inserted (31.1.2024) by Energy Act 2023 (c. 52), ss. 177(4), 334(1); S.I. 2024/32, reg. 3(a)(vii)Words in s. 8AA(10D) substituted (26.10.2023) by Energy Act 2023 (c. 52), ss. 215(2)(a), 334(2)(k)S. 4AA(5A) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 178, 198(2); S.I. 2004/2575, art. 2(1), Sch. 1Words in s. 4AA(5) inserted (18.2.2014) by Energy Act 2013 (c. 32), ss. 138(2), 156(2)S. 19E(6) ceased to have effect (26.8.2004) by virtue of The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 6(m)Words in s. 4D(3) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(4)(b); 2020 c. 1, Sch. 5 para. 1(1)S. 7B(5A)-(5F) inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 22(5)Words in s. 4AA(1A)(c) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 8(2)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 33BC(7)(d)(e) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 2(6); S.I. 2007/538, art. 2Words in s. 27(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 4(3)(b); S.I. 2003/1397, art. 2(1), Sch.Word in s. 8N(3)(a) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(4)(a)(i) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)S. 19C(11) omitted (31.12.2020 immediately before IP completion day) by virtue of The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 10(6)(b)S. 19A(9A) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(14)Words in s. 41H(2)(a) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(16) (with art. 5)S. 33BC(8)(b) omitted (18.12.2011) by virtue of Energy Act 2011 (c. 16), ss. 66(10), 121(3)Ss. 4AA-4B applied (24.8.2004 for specified purposes, 5.10.2004 in so far as not already in force) by Energy Act 2004 (c. 20), ss. 190(1), 198(2); S.I. 2004/2184, art. 2(1), Sch. 1; S.I. 2004/2575, art. 2(1), Sch. 1Words in s. 30E title inserted (18.2.2014) by Energy Act 2013 (c. 32), s. 156(2)(h), Sch. 14 para. 1(5)Word in s. 23B(3)(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 16(3); S.I. 2014/416, art. 2(1)(d) (with Sch.); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 19A(8)(b) omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(12)(b)Word in s. 41E(5)(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 24(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 19A(3)(3A) substituted for s. 19A(3) (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(6)S. 5(11)(12) inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 19(3)Words in s. 4AA(5B) omitted (26.12.2023) by virtue of Energy Act 2023 (c. 52), ss. 202(3), 334(3)(f)Words in s. 48(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 70(3) (with art. 10)Words in s. 61(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 70(6) (with art. 10)Words in s. 17(7) substituted (1.4.2009) by Energy Act 2008 (c. 32), ss. 93(3), 110(2); S.I. 2009/45, art. 3(b)(i)Word in s. 8N(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(3)(a) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)S. 7AA inserted (31.1.2024) by Energy Act 2023 (c. 52), ss. 168(3), 334(1); S.I. 2024/32, reg. 3(a)(v)Words in s. 41F(7) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(15)(a)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 35(3A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 49 (with art. 3)Words in s. 36A(2B) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(4)(a) (with art. 3)Words in s. 19E omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 46(a)Words in s. 4D(1)(b) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(2)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)S. 17 modified (28.12.2016) by The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 4(1)-(4) (with regs. 3(4), 5, 67(5))Words in s. 55(3) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 70(5)(b) (with art. 10)Word in s. 23G(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 21(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 8AA(11ZA) inserted (31.1.2024) by Energy Act 2023 (c. 52), ss. 168(5), 334(1); S.I. 2024/32, reg. 3(a)(v)S. 23A inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 41(6) (with reg. 42)S. 33BCA inserted (1.12.2017 for specified purposes, 1.10.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 59(2), 72(4)(d) (with s. 59(7)); S.I. 2017/1157, regs. 3(b), 5(a)Words in s. 19D(3) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(e)Word in s. 36A(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(9)(b) (with art. 3)S. 8F(9) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 15(5) (with reg. 15(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(4)); 2020 c. 1, Sch. 5 para. 1(1)S. 34A inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 30(4)Words in s. 33AB(1)(a) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(9)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)S. 27(6) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 4(6); S.I. 2003/1397, art. 2(1), Sch.Words in s. 8(1) inserted (1.4.2005) by Energy Act 2004 (c. 20), ss. 150(6)(a), 198(2); S.I. 2005/877, art. 2(1), Sch. 1Words in s. 33AB(1)(b) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(9)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 33BC(1) substituted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(2), 121(3)Words in s. 33BC(5)(e)(i) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 2(4)(e)(i); S.I. 2007/538, art. 2S. 19 cross-heading substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(1)Words in s. 28(8) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(5)(c)Words in s. 34(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 48 (with art. 3)Words in s. 33DA(1)(a)(ii) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 3; S.I. 2007/538, art. 2Words in s. 30A substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(4)(d)Words in s. 41F(7) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(14)(a) (with art. 5)S. 8K(4) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 18(3) (with reg. 20) (as amended by S.I. 2020/1016, regs. 1(2), 3(7)); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 5(1) omitted (19.9.2012) by virtue of The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 19(2)(a) (with art. 38(1)(4)(5))Words in s. 8N(3)(a) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(4)(a)(ii) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8D(3) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 12(a) (with reg. 14) (as amended by S.I. 2020/1016, regs. 1(2), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 41E(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 24(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)Ss. 19A(2A)-(2C) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(5)Words in s. 28(8) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(5)(a)Words in s. 27(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 4(3)(a); S.I. 2003/1397, art. 2(1), Sch.Words in s. 4D(2)(d) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(3)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 36A(3)(b) inserted (31.12.2020) by S.I. 2019/93, Sch. 1 para. 2(2) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 14)S. 34(2B) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 34(3) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(13)); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 19A(8)(d) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(12)(c)Words in s. 36(1) substituted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 25Words in s. 60(3) substituted (1.4.2009) (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 327 (with Sch. 2 Pts. 1, 2)S. 46(5) substituted (1.8.2021) by The Gas Act 1986 and Electricity Act 1989 (Electronic Communications) Order 2021 (S.I. 2021/789), arts. 1(2), 2(4)Word in s. 41C(4) omitted (19.9.2012) by virtue of The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 26(a)S. 4A extended by 2000 c. 27, s. 5A(11) (as inserted (30.12.2003) by Sustainable Energy Act 2003 (c. 30), ss. 6, 9(8))Words in s. 30F substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(4)(g)Words in s. 23B(2)(b) substituted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 2(6)Words in s. 36A(7)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 2; S.I. 2014/416, art. 2(1)(f) (with Sch.)S. 34(2A)(d) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 34(2)(b); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 41D(4)(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 23(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)Word in s. 8N(10)(a) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(9)(b) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)S. 19D(7) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(h)Words in s. 4AA(2) substituted (8.6.2010) by Energy Act 2010 (c. 27), ss. 16(4)(a), 38(3)S. 4AA(1A)(c) and word inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 26(1)(b)Words in s. 17(2) substituted (1.4.2009) by Energy Act 2008 (c. 32), ss. 93(2), 110(2); S.I. 2009/45, art. 3(b)(i)S. 33BC(5)(e)(ii) substituted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(6)(c)(ii), 121(3)Words in s. 4AA(5B) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 8(3); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 33BDA(3)(h) inserted (26.12.2023) by Energy Act 2023 (c. 52), ss. 214(3)(a)(iii), 334(3)(g)S. 7B(5ZA)-(5ZC) inserted (26.12.2023) by Energy Act 2023 (c. 52), ss. 80(1), 334(3)(b)S. 7B(2B) inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 22(2)S. 35(3A) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 15(9); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)Ss. 4AA-4B applied (21.3.2012) by Energy Act 2011 (c. 16), ss. 22(9), 121(1); S.I. 2012/873, art. 2(a)(v)S. 4D(2)(a) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(3)(c); 2020 c. 1, Sch. 5 para. 1(1)Ss. 4AA-4B applied (11.1.2024) by Energy Act 2023 (c. 52), ss. 248(1)(2), 334(1); S.I. 2024/32, reg. 2(b)(iii)Words in s. 7B(5)(b) inserted (31.1.2024) by Energy Act 2023 (c. 52), ss. 177(3)(a), 334(1); S.I. 2024/32, reg. 3(a)(vii)Words in s. 36A substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(4)(d) (with art. 3)S. 33BDA inserted (1.12.2017 for specified purposes, 1.10.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 59(3), 72(4)(d) (with s. 59(7)); S.I. 2017/1157, regs. 3(b), 5(a)Words in s. 36(2)(d) substituted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 25Word in s. 8F(1) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 15(2)(a) (with reg. 15(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(4)); 2020 c. 1, Sch. 5 para. 1(1)S. 41D(7) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 23(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)Ss. 28-30F applied (with modifications) by 1995 c. 45, s. 12(5) (as substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(10), 121(1); S.I. 2012/873, art. 2(b)(ii))S. 41EA, 41EB inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 15(12); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)Words in s. 48(1) substituted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 2(3)Words in s. 33BCA(3)(g) inserted (26.12.2023) by Energy Act 2023 (c. 52), ss. 214(2)(a)(iii), 334(3)(g)S. 19DZA(7) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 29(4); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 19C(2) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(3)(b)Ss. 23B-23G and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 41(7) (with reg. 42)Words in s. 4D(1)(a) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(2)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 7B(5)(b)(ii) substituted (31.1.2024) by Energy Act 2023 (c. 52), ss. 177(3)(c), 334(1); S.I. 2024/32, reg. 3(a)(vii)Words in s. 4AA(2)(b) substituted (8.6.2010) by Energy Act 2010 (c. 27), ss. 16(4)(b), 38(3)S. 8G(9)(c) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 16(6)(c); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 27(5) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 4(5)(b); S.I. 2003/1397, art. 2(1), Sch.Words in s. 30A(7)(d) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(8) (with art. 5)Word in s. 30A(7) omitted (1.4.2014) by virtue of The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(8)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)S. 34(2A) inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 30(3)Words in s. 19AA(4)(a) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(5)(a)(i) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(9)); 2020 c. 1, Sch. 5 para. 1(1)Ss. 4AA(1A)-(1C) inserted (8.6.2010) by Energy Act 2010 (c. 27), ss. 16(3), 38(3)Words in s. 19D(12)(a)(iv) omitted (26.8.2004) by virtue of The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(q)S. 33BC(1A) inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 8 para. 1(2)Words in s. 19E substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 46(b)Words in s. 7(2) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 18(2)Words in s. 36(1) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(8)(b), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2Words in s. 4AA(1) inserted (26.1.2009) by Energy Act 2008 (c. 32), ss. 83(1)(a), 110(2); S.I. 2009/45, art. 2(d)(i)S. 36A(1) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 15(10)(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)Word in s. 8N(5) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(6)(a) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 7B(5)(b)(i) substituted (31.1.2024) by Energy Act 2023 (c. 52), ss. 177(3)(b), 334(1); S.I. 2024/32, reg. 3(a)(vii)Words in s. 19D(4) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(e)Words in s. 23B(4)(c) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(6)(b) (with art. 5)Word in s. 8G(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 16(3)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 33BAA(1)(c) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(10) (with art. 5)Ss. 8R, 8S and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 6S. 8(1)(aa) inserted (1.4.2005) by Energy Act 2004 (c. 20), ss. 150(6)(b), 198(2); S.I. 2005/877, art. 2(1), Sch. 1Words in s. 4B(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 45 (with art. 3)Words in s. 23(5) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 41(4) (with reg. 42)Words in s. 23(1)(b) substituted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 2(5)S. 4C renumbered as s. 4C(1) (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 10(2); 2020 c. 1, Sch. 5 para. 1(1)S. 19CA(4)(d) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 27(5)(d) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(10)); 2020 c. 1, Sch. 5 para. 1(1)S. 57 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 7Word in s. 8J(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 17(3)(a) (with reg. 17(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(6)); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 23G(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 21(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 41C(4)(aa) inserted (14.8.2006) by Energy Act 2004 (c. 20), ss. 149(10), 198(2); S.I. 2006/1964, art. 2, Sch.Words in s. 4AA(2)(b) inserted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 2(2)(a)Words in s. 48(1) substituted (14.7.2020) by The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 6(a)S. 17 modified (30.10.2006) by The Measuring Instruments (Gas Meters) Regulations 2006 (S.I. 2006/2647), regs. 1(2), 28(1)-(4) (with reg. 27(1)(2))Words in s. 33DA(2) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(12)(c) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)S. 41B omitted (8.6.2010) by virtue of Energy Act 2010 (c. 27), s. 38(3), Sch. para. 3Words in s. 19D(6)(b) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(g)Words in s. 36(2) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 183(2), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1Words in s. 27B(1)(b) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 31(3)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 28 substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(4)(a)Words in s. 36A(7) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(11) (with art. 3)Word in s. 36A(2B) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(4)(b) (with art. 3)Words in s. 19B inserted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 2Words in s. 4AA(1) omitted (8.6.2010) by virtue of Energy Act 2010 (c. 27), ss. 16(2), 38(3)Words in s. 8D(3)(b) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 12(d)(i) (with reg. 14) (as amended by S.I. 2020/1016, regs. 1(2), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 48(1) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 47(2)(a)Word in s. 23E(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)Word in s. 19C(7)(a) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(10)(a)Words in s. 19AA heading omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(2); 2020 c. 1, Sch. 5 para. 1(1)S. 4C(2) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 10(3); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 8J heading substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 17(2) (with reg. 17(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(6)); 2020 c. 1, Sch. 5 para. 1(1)S. 19A(8)(f) and preceding word omitted (10.11.2011) by virtue of The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 8(12)(d)Words in s. 4D(2) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(3)(a); 2020 c. 1, Sch. 5 para. 1(1)Ss. 6B , 6C inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 20(2)Words in s. 33BC(11) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(11) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)S. 33BC(2A) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 66(3), 121(3)Word in s. 48(1) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(8)(a), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2S. 19C(3)(3A) substituted for s. 19C(3) (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 11(5)Word in s. 23C heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 17(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)S. 4AA(4)(b)(i) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 81 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)S. 32 repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 8; S.I. 2008/2550, art. 2, Sch.Words in s. 4D(3) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 46(a) (with art. 3)Words in s. 8E(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 13(4) (with reg. 14) (as amended by S.I. 2020/1016, regs. 1(2), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 23F(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 20(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 34(2A)(b) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 34(2)(a); 2020 c. 1, Sch. 5 para. 1(1)S. 4E repealed (31.12.2020 immediately before IP completion day) by The Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regs. 1(2), 10(4)S. 36C inserted (18.10.2011) by Energy Act 2011 (c. 16), ss. 81(1), 121(4) (with s. 81(2))Words in s. 27(1)(b) inserted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 2(7)S. 5(1)(a) restricted (conditional) (12.8.2013) by The Gas Act 1986 (Exemption) (Onshore Gas) Order 2013 (S.I. 2013/1726), arts. 1, 3, 4Word in s. 23E(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)Words in s. 41D(2) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(12) (with art. 5)Words in s. 19D(1) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 4(a)Words in s. 4D(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 11(3)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 19E(1) substituted (26.8.2004) by The Gas (Third Party Access) Regulations 2004 (S.I. 2004/2043), reg. 1, Sch. 2 para. 6(a)Word in s. 8N(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(2)(b) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 4AA(5)(b) inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 18(2)(a)Words in s. 36(5) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 97(4), 115(3)(k)Words in s. 4AA(8) substituted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 18(3)Words in s. 64(2) repealed (1.3.1996) by 1995 c. 45, ss. 11(7), 17(5), Sch. 6; S.I. 1996/218, art. 2Words in s. 41E(6)(c) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)Ss. 4AA-4B applied (10.9.2024) by Energy Act 2023 (c. 52), ss. 196, 334(1); S.I. 2024/890, reg. 2(b)(vii)S. 7AC inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(6), 334(1); S.I. 2024/890, reg. 2(b)(ii)S. 5(1)(e) and word inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(3), 334(1); S.I. 2024/890, reg. 2(b)(ii)S. 5(11A)(11B) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(4), 334(1); S.I. 2024/890, reg. 2(b)(ii)Word in s. 5(12) omitted (10.9.2024) by virtue of Energy Act 2023 (c. 52), ss. 185(5)(a), 334(1); S.I. 2024/890, reg. 2(b)(ii)Words in s. 5(12) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(5)(b), 334(1); S.I. 2024/890, reg. 2(b)(ii)Words in s. 6A(1) substituted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 2; S.I. 2024/890, reg. 2(b)(x)S. 7B(5FA) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(13), 334(1); S.I. 2024/890, reg. 2(b)(ii)Words in s. 7B(5A) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(8)(a), 334(1); S.I. 2024/890, reg. 2(b)(ii)Words in s. 7B(5A) substituted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(8)(b), 334(1); S.I. 2024/890, reg. 2(b)(ii)Words in s. 7B(5B) substituted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(9)(a), 334(1); S.I. 2024/890, reg. 2(b)(ii)Words in s. 7B(5B)(b)(ii) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(9)(b), 334(1); S.I. 2024/890, reg. 2(b)(ii)Words in s. 7B(5C) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(10), 334(1); S.I. 2024/890, reg. 2(b)(ii)Words in s. 7B(5D) substituted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(11), 334(1); S.I. 2024/890, reg. 2(b)(ii)Words in s. 7B(5E)(a) substituted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(12)(a), 334(1); S.I. 2024/890, reg. 2(b)(ii)Words in s. 7B(5E)(b) substituted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(12)(b), 334(1); S.I. 2024/890, reg. 2(b)(ii)S. 8AA(11B) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(14), 334(1); S.I. 2024/890, reg. 2(b)(ii)S. 28(8A) inserted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 3(3); S.I. 2024/890, reg. 2(b)(x)Words in s. 28(8) inserted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 3(2); S.I. 2024/890, reg. 2(b)(x)S. 38(1)(ea) inserted (18.10.2011) by Energy Act 2011 (c. 16), ss. 81(3), 121(4)Word in s. 27B(1)(a) omitted (1.10.2024) by virtue of The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(8)(a); S.I. 2024/957, reg. 2(a)S. 27B(1)(a)(vii) and word inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(8)(b); S.I. 2024/957, reg. 2(a)Words in s. 36(1) substituted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(9)(a); S.I. 2024/957, reg. 2(a)Words in s. 36(2)(d) substituted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(9)(b); S.I. 2024/957, reg. 2(a)Words in s. 48(1) inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 2(10)(b); S.I. 2024/957, reg. 2(a)Word in s. 36A(3) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 18(4); S.I. 2024/1226, regs. 1(2), 2(1)(16)Word in s. 36A(3A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 18(5); S.I. 2024/1226, regs. 1(2), 2(1)(16)Words in s. 36A(3A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 11; S.I. 2024/1226, regs. 1(2), 2(1)(17)S. 36A(8) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 18(7); S.I. 2024/1226, regs. 1(2), 2(1)(16)Word in s. 36A(7)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 18(6); S.I. 2024/1226, regs. 1(2), 2(1)(16)Word in s. 36A(2A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 18(2); S.I. 2024/1226, regs. 1(2), 2(1)(16)Word in s. 36A(2B)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 18(3); S.I. 2024/1226, regs. 1(2), 2(1)(16)S. 41EB(7) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(5); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 41EB(4) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 41EB(4) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(3)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 41EB(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 41EB(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 41EB(5) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(4)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)Words in s. 41EB(5) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 8(4)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)S. 36A(11) inserted (1.1.2025 for specified purposes, 6.4.2025 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 29 para. 8; S.I. 2024/1226, regs. 1(2), 2(1)(21); S.I. 2025/272, reg. 2(1)(13)