Part I

New regulatory arrangements

Payments by licence holders relating to new arrangements.
8
1
In this section “payment conditions” means—
a
in relation to a gas licence, conditions included in the licence by virtue of section 7B(4)(c) of the 1986 Act; or
b
in relation to an electricity licence, conditions included in the licence by virtue of section 7(1)(b) of the 1989 Act.
2
The payment conditions of a gas licence or an electricity licence may (without prejudice to the generality of the provisions mentioned in subsection (1)) require the payment by the licence holder of sums—
a
relating to any of the expenses mentioned in subsection (3) or (3A), or
b
relating to such amounts as the Secretary of State considers reasonable in respect of the provision, in or as regards Scotland, of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, in relation to gas and electricity consumers
3
The expenses within this subsection are—
a
the expenses of the Gas and Electricity Consumer Council; and
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3A
The expenses within this subsection are—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ba
the appropriate proportion of the expenses of
Citizens Advice
(including expenses relating to taking on functions transferred from the National Consumer Council but not including expenses within paragraph (ca));
bb. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
any expenses of
... the Secretary of State or the Gas and Electricity Consumer Council which relate to a transfer scheme made in respect of the Gas and Electricity Consumer Council under section 35(2)(a) or (7) of the Consumers, Estate Agents and Redress Act 2007;
ca
the appropriate proportion of the expenses of
Citizens Advice
which relate to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011;
cb. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
the expenses of the Secretary of State which relate to the abolition of the Gas and Electricity Consumer Council;
da
the appropriate proportion of the expenses of the Secretary of State which relate to the abolition of the National Consumer Council and the transfer of functions to
Citizens Advice
and
Citizens Advice Scotland
;
db
the appropriate proportion of the expenses of the Secretary of State which relate to the transfer of functions and the conferring of functions on
Citizens Advice
and
Citizens Advice Scotland
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/…);
dc
the appropriate proportion of the expenses of the Secretary of State which relate to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011;
e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
the appropriate proportion of the expenses of
Citizens Advice
...
on, or in connection with, the support of
any qualifying public consumer advice scheme
.
3B
The “appropriate proportion” of any expenses means such proportion of the expenses as the Secretary of State considers is reasonable having regard to—
a
in the case of expenses within
subsection (3A)(ba),
... (ca)
... or (db)
, the functions exercisable by
Citizens Advice
or
Citizens Advice Scotland
, as the case may be,
in relation to gas and electricity consumers,
...
aa
in the case of expenses within subsection (3A)(da) or (dc), the functions exercised by the National Consumer Council in relation to gas and electricity consumers, and
b
in the case of expenses within subsection (3A)(f), the functions under
the qualifying consumer advice scheme
which are exercisable in relation to gas and electricity consumers.
3C
A qualifying public consumer advice scheme is a scheme that is supported by Citizens Advice
... in a manner that the
Competition and Markets Authority
is prohibited from using by section 8A of the Enterprise Act 2002.
4
The Authority may, in accordance with this section, modify any payment conditions of a gas licence or an electricity licence where the Authority considers it necessary or expedient to do so in consequence of, or of preparations for—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the abolition of the Gas and Electricity Consumer Council.
c
the abolition of the National Consumer Council, or
d
the conferring of functions which are exercisable in relation to gas and electricity consumers on
Citizens Advice
or
Citizens Advice Scotland
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/...).
5
The Authority may, in accordance with this section, make such incidental or consequential modifications of—
a
the other conditions of a gas licence or an electricity licence, or
b
any code or agreement relevant to the conditions of such a licence,
as it considers necessary or expedient in consequence of, or of preparations for, an event mentioned in subsection (4)(a) or (b).
6
Before modifying the conditions of a licence or any code or agreement under subsection (4) or (5) the Authority shall consult the licence holder.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
The powers of the Authority under subsection (4)
(as amended by paragraph 29 of Schedule 1 to the Consumers, Estate Agents and Redress Act 2007), and subsection (5) as it applies in relation to that subsection, may not be exercised after the end of the period of 2 years beginning with the commencement of that paragraph.
9
The Secretary of State may give directions to the Authority for the purpose of securing that sums relating to any of the expenses mentioned in subsection (3) or (3A) or to amounts mentioned in subsection (2)(b) are included in the sums payable by virtue of payment conditions in gas licences and electricity licences; and the Authority shall comply with any such direction.
10
For the purposes of this section—
......
- “
consumer
” has the same meaning as in Part 1 of the Consumers, Estate Agents and Redress Act 2007 (see section 3 of that Act);
- “
gas and electricity consumers
” means consumers in relation to gas conveyed through pipes or electricity conveyed by distribution systems or transmission systems;
- “
OFT
scheme
” means any public consumer advice scheme supported by the Office of Fair Trading.
S. 8 wholly in force at 20.12.2000, see s. 102(2)(3) and S.I. 2000/3343, art. 2, Sch. (subject to arts. 3-15)
Words in s. 8(3A)(c) 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. 8(6)(a)(iii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
S. 8(8) substituted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(9) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.
Words in s. 8(9) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 50(12), 72(7)
S. 8(3A)(bb)(cb) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 50(11)(a), 72(7)
S. 8(3A)(da)-(dc) 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. 8(6)(a)(v) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 8(3C) 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. 145 (with art. 3)
Words in s. 8(10) 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. 8(6)(d) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 8(3B)(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. 8(6)(b)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 8(6) inserted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(7) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.
Words in s. 8(3A)(f) substituted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 5(3)(a)
S. 8(3A) - (3B) inserted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(4) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.
Words in s. 8(3B)(b) substituted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 5(4)
S. 8(3A)(a)(b) 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. 8(6)(a)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 8(3B)(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. 8(6)(b)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 8(3A)(f) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 50(11)(b), 72(7)
S. 8(4)(c)(d) 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. 8(6)(c)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
S. 8(3A)(ba)(bb) 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. 8(6)(a)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
S. 8(3A)(e) omitted (28.3.2013) by virtue of The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 5(2)
Word in s. 8(3B)(a) 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. 8(6)(b)(iii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 8(2) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 50(10)(a), 72(7)
S. 8(5) substituted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(6) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.
S. 8(2)(b) and word inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 50(10)(b), 72(7)
Words in s. 8(3B)(a) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 50(11)(c), 72(7)
S. 8(7) repealed (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(8), Sch. 8 (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.
Words in s. 8(3) substituted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(3)(a) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.
Words in s. 8(3C) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 50(11)(d), 72(7)
S. 8(3C) inserted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 5(5)
S. 8(3B)(aa) 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. 8(6)(b)(iv) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
S. 8(3A)(ca)(cb) 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. 8(6)(a)(iv) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 8(3)(a) substituted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(3)(b) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.
Words in s. 8(9) inserted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(10) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.
S. 8(4)(a)(b) substituted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(5) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.
S. 8(4)(a) 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. 8(6)(c)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
S. 8(10) inserted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(11) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.
Words in s. 8(2) inserted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(2) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.
Words in s. 8(3A)(f) substituted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 5(3)(b)
S. 8(3)(b) repealed (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 1 para. 29(3)(c), Sch. 8 (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.