Sixth report of Committee A (Draft)
Act partly in force at Royal Assent, see s. 18(2)(4). S. 8 wholly in force: s. 8(2) in force at Royal Assent, see s. 18(2)(b); s. 8(1) in force (1.3.1996) by S.I 1996/218, arts. 2. S. 11 wholly in force: s. 11(1)-(5) in force at 8.11.1995, see s. 18(2)(b); s. 11(6)(7) in force at 1.3.1996 by S.I. 1996/218, art. 2.. S. 17 wholly in force: s. 17(1)(2) (and s. 17(5) for speified purposes) in force at 8.11.1995 see s. 18(2)(c)(d); s. 17(3)-(5) in force at 1.3.1996 by 1996/218, art. 2. Sch. 6 wholly in force: Sch. 6 partly in force at 8.11.1995 for specified purposes, see s. 18(2); Sch. 6 wholly in force at 1.3.1996 by S.I. 1996/218, art. 2. S. 11(1)-(6) extends to the United Kingdom, s. 11(7) extends to Great Britain only see s. 18(5). For extent of s. 17 see s. 18(2)(c)(d). For extent of Sch. 6 see s. 18(5). S. 1 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch.(subject to arts. 3-20) S. 2 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch.)(subject to arts. 3-20) S. 3(3) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20) Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch.” S. 8(2) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20) S. 10(2)-(5) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20) Words in s. 12 heading inserted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(2), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) S. 12(1)-(1G) substituted (10.8.2000) for s. 12(1) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 1 Words in s. 12(1) inserted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(4)(a), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12(1)(a) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(4)(b), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) S. 12(1ZA)(1ZB) inserted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(5), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12(1B) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(6), 121(1) ; S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12 substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(3), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Word in s. 12(1D) omitted (21.3.2012) by virtue of Energy Act 2011 (c. 16), ss. 92(7)(a), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) S. 12(1D)(d) and preceding word inserted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(7)(b), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Word in s. 12(1G) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(8) , 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12(2) substituted (10.8.2000) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 2(a) Words in s. 12(2)(a) repealed (10.8.2000) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 2(b) Word in s. 12(2)(b) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(9), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12(3) substituted (10.8.2000) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 3 S. 12(5)(5A) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(10), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12(6) inserted (21.3.2012) by Energy Act 2011 (c. 16) , ss. 92(11)(b), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12(6) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(11)(a), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Word in s. 12(6) repealed (6.4.2009) by Energy Act 2008 (c. 32), ss. 78(2)(a), 110(2), Sch. 6; S.I. 2009/45, art. 4(c)(bb) (d)(ii) Words in s. 12(6) inserted (6.4.2009) by Energy Act 2008 (c. 32), ss. 78(2)(a), 110(2); S.I. 2009/45, art. 4(c) Definition of “main commercial conditions” in s. 12(6) inserted (10.8.2000) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 5(b) S. 12(6A) inserted (10.8.2000) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 6 S. 12(7) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(12), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch. Sch. 4 para. 2(1)(ix) repealed (S.) (24.12.2010) by Flood Risk Management (Scotland) Act 2009 (asp 6), s. 97(1), Sch. 3 para. 8 (with s. 91); S.S.I. 2010/401, art. 3(h) Sch. 4 para. 2(1)(xiii) repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with s. 83); S.S.I. 2019/47, reg. 2 (with regs. 3-22) Sch. 4 para. 2(1)(xix) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3). Words in Sch. 4 para. 2(1)(xxi) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 61. Sch. 4 para. 2(1)(xxv) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 141(1), 143(2)); S.I. 1998/2244, art. 4. Words in Sch. 4 para. 2(1)(xxviii) substituted (1.10.1998) by 1998 c. 38, s. 135(2)(c) (with ss. 141(1), 143(2)); S.I. 1998/2244, art. 4. Word in Sch. 4 para. 2(1)(xxxvi) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 39; S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) Sch. 4 para. 2(2)(e) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3). Sch. 4 para. 2(5) repealed (14.11.2005) by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 3; S.I. 2005/2040, art. 3(r) Words in Sch. 4 para. 2(7) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 37; S.I. 2017/1286, reg. 2(d) Sch. 4 para. 2(10)(d) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3). Sch. 4 para. 2(10)(f) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 141(1), 143(2)); S.I. 1998/2244, art. 4. Sch. 4 para. 8 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3, Sch. Sch. 4 para. 9 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42) Sch. 4 para. 11(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 17(b) Sch. 4 para. 13 repealed (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 2 Pt. 1 Sch. 4 para. 15(1) omitted (1.10.2005) by virtue of The General Product Safety Regulations 2005 (S.I. 2005/1803), regs. 1(1), 47(1) Sch. 5 para. 11(b) and the word “and” immediately preceding it repealed (31.7.1998 with effect as mentioned in Sch. 27 Pt. V(3) Note 1) by 1998 c. 36, ss. 165, Sch. 27 Pt. V(3) Sch. 5 para. 13 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8, S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20) Sch. 5 para. 14(2) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20) Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch. Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch. Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch. Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch. Sch. 5 para. 30 repealed (1.3.2005) by The Competition Act 1998 (Transitional, Consequential and Supplemental Provisions) Order 2000 (S.I. 2000/311), arts. 1, 29 Act: references to the Director General of Gas Supply ("the Director") shall be read as references to the Gas and Electricity Markets Authority ("the Authority") (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch. Act: references to a public gas transporter or to the holder of a licence under section 7 of the 1986 Act shall have effect as if they were references to a gas transporter (1.10.2001) by virtue of Utilities Act 2000 (c. 27), s. 76(7); S.I. 2001/3266, art. 2, Sch. (with arts. 3-20) S. 6(2) applied (2.4.1996) by S.I. 1996/752, art. 3 Sch. 4 para. 2(10): transfer of functions (5.3.2009) by Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), arts. 1(2), 4, Sch. 1(e) Sch. 5 para. 12: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 Sch. 5 para. 17(1) excluded (29.2.1996) by S.I. 1996/449, arts. 1, 21. 1985 c. 6. 1976 c.34. 1962 c. 58. 1986 c.44. 1978 c.30. 1973 c.41. 1974 c.37. 1974 c. 37. 1954 c. 21. 1954 c.21. 1962 c.58. 1973 c.41. 1980 c.21. 1973 c. 41. 1980 c.21. 1985 c.72. 1946 c.36. 1995 c.26. 1925 c.71. 1936 c.49. 1947 c.42. 1948 c.17. 1949 c.97. 1951 c.65. 1954 c.56. 1958 c.69. 1961 c.41. 1961 c.64. 1962 c.58. 1964 c.40. 1967 c.10. 1967 c.22. 1967 c.86. 1968 c.16. 1968 c.41. 1968 c.47. 1973 c.26. 1973 c. 56. 1974 c.40. 1975 c.70. 1976 c.57. 1978 c.50. 1979 c.46. 1980 c.65. 1980 c.66. 1981 c.64. 1981 c.67. 1982 c.16. 1982 c.30. 1984 c.54. 1984 c.55. 1985 c.68. 1988 c.52. 1990 c.35. 1991 c.28. 1945 c.43. 1958 c.50. 1966 c.4. 1968 c.73. 1984 c.27. 1990 c.9. 1990 c.10. 1991 c. 45. 1991 c.56. 1991 c.57. 1991 c.59. 1961 c.64. 1972 c.36. 1980 c.66. 1984 c.55. 1987 c.26. 1958 c.69. 1965 c.36. 1968 c.16. 1975 c.70. 1981 c.64. 1990 c.35. 1991 c.28. 1962 c.58. 1964 c.40. 1981 c.67. 1986 c.44. 1994 c.39 1986 c.44. 1991 c.22. 1986 c.44. 1962 c.58. 1985 c.6. 1989 c.29. 1985 c.6. 1992 c.12. 1988 c.1. 1975 c.22. S.I. 1994/3121. S.I. 1994/3283. 1985 c. 6. 1954 c.21. 1954 c.21. 1991 c.22. 1967 c.9. 1974 c.7. S.I. 1989/441. S.I. 1989/2263. S.I. 1994/3121. 1988 c. 1. S. 18(2) power fully exercised (5.2.1996): 1.3.1996 appointed day by S.I. 1996/218, art. 2. S. 18(4) power fully exercised (5.2.1996): s. 12 in force at 1.3.1996 by S.I. 1996/218, art. 3. An Act to amend Parts I and III of the Gas Act 1986; to make provision for requiring the owners of certain gas processing facilities to make them available to other persons; and for connected purposes. Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
For section 5 of the 1986 Act there shall be substituted the following section—
After Schedule 2 to that Act there shall be inserted, as Schedule 2A, the provisions of Schedule 1 to this Act (exceptions to prohibition on unlicensed activities).
Section 6 of that Act (which is superseded by this section) shall cease to have effect.
For section 6A of the 1986 Act there shall be substituted the following section—
For section 7 of the 1986 Act there shall be substituted the following section—
After section 7 of the 1986 Act there shall be inserted the following section—
Subject to subsections (3) to (6) below, no domestic supply licence shall authorise the supply of gas to any premises before the relevant date, that is to say, 1st January 1999 or, if the Secretary of State by order so provides, such earlier date (not earlier than 1st January 1998) as may be determined by or under the order.
Subsection (2) above shall not apply in relation to a domestic supply licence in so far as it relates to—
any premises to which subsection (4) below applies; or
any premises to which that subsection has ceased to apply at any time and which are situated in an area which has not, at that or any later time, ceased to be an authorised area of a particular public gas transporter.
This subsection applies to any premises at any time if, at that time, the public gas transporter in whose authorised area the premises are situated is an associate of the holder of the domestic supply licence in question.
Subsection (2) above shall not apply in relation to a domestic supply licence in so far as it relates to any premises to which gas is conveyed otherwise than by a public gas transporter.
In so far as a domestic supply licence relates to premises which are situated in any area specified in an order made by the Secretary of State, subsection (2) above shall apply in relation to the licence as if for the relevant date there were substituted such earlier date as may be determined, in relation to that area, by or under the order.
Any reference in this section to a domestic supply licence includes a reference to an extension of such a licence (within the meaning of Part I of the 1986 Act).
In this section—
separating, purifying, blending, odorising or compressing gas, for the purpose of— converting it into a form in which a purchaser is willing to accept delivery from a seller, or enabling it to be loaded for conveyance to another place (whether inside or outside Great Britain); and
“domestic supply licence” means a licence granted under subsection (1)(a) of section 7A of the 1986 Act, a licence having effect as such a licence by virtue of a direction given under subsection (4)(b) of that section, or a licence treated as so granted by virtue of a scheme made under paragraph 4 or 16 of Schedule 5 to this Act;
“public gas transporter”, and “authorised area” in relation to such a transporter, have the same meanings as in Part I of that Act.
“main commercial conditions” means— such information as would enable a potential applicant for a right to have gas processed by a gas processing facility to make a reasonable assessment of the cost of, or the method of calculating the cost of, acquiring that right; the other significant terms on which such a right would be granted; and such other information as the Authority may from time to time specify by notice;
For the purposes of this section a public gas transporter is an associate of the holder of a domestic supply licence if—
both of them are companies registered under the Companies Act 1985 and are limited by shares; and
either one company is wholly owned by the other or both companies are wholly owned by the same person.
An order under this section may—
provide for anything falling to be determined under the order to be determined by the Authority; and
make such supplementary or incidental provision as the Secretary of State considers necessary or expedient.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
After section 7A of the 1986 Act there shall be inserted the following section—
For section 8 of the 1986 Act there shall be substituted the following section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
licences under section 7 of the 1986 Act (licensing of public gas transporters);
licences under subsection (1) of section 7A of that Act (licensing of gas suppliers and gas shippers); or
licences under subsection (2) of that section;
After section 8A of the 1986 Act there shall be inserted the following section—
After Schedule 2A to that Act there shall be inserted, as Schedule 2B, the provisions of Schedule 2 to this Act (the gas code).
Section 15 of and Schedule 5 to that Act (which are superseded by this section) shall cease to have effect.
If the Secretary of State is satisfied that any of the provisions of paragraphs 22 and 27(3) of Schedule 2B to the 1986 Act have been or will be superseded by regulations under section 18 or 18A of that Act, he may by order made by statutory instrument provide that those provisions shall cease to have effect as from such date after the coming into force of the regulations as may be specified in the order.
Schedule 3 to this Act (which contains other amendments of Part I of the 1986 Act) shall have effect.
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either in relation to all of the provisions mentioned in subsection (2) above or in relation to such of those provisions as may be specified in the order; and
either generally or in relation to gas supply services provided in such areas as may be so specified.
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In subsection (2) of section 62 of the 1986 Act (exclusion of certain agreements from Restrictive Trade Practices Act 1976), for paragraph (b) there shall be substituted the following paragraph—.
After subsection (2) of that section there shall be inserted the following subsections—
In subsection (3) of that section—
after the words “subsection (2)” there shall be inserted the words “ or (2A) ”; and
after the words “the Secretary of State” there shall be inserted the words “ , the Director or the Director General of Fair Trading ”.
“gas shipper” and “public gas transporter” have the same meanings as in Part I of this Act;
Subsection (7) of that section shall cease to have effect.
Section 63 of the 1986 Act (restrictions on use of certain information) shall cease to have effect.
In section 64 of that Act (provisions as to orders), in subsection (2), the words “20(9)” shall cease to have effect.
The owner of a gas processing facility which processes gas for a downstream purpose—
shall publish at least once in every year the main commercial conditions relating to the grant to another person of a right to have gas processed by the facility for such a purpose; and
shall publish any changes to the published conditions as soon as they become effective.
Where an application is made under subsection (1F), it shall be the duty of the Authority—
to decide whether the application is to be adjourned (so as to enable ... further negotiations to take place), considered further or rejected;
to give notice of its decision to the applicant; and
in the case of a decision that the application is to be considered further, to give to the owner of the facility, to any person who has a right to have gas processed by the facility, and to the Health and Safety Executive, notice that the application is to be so considered and an opportunity of being heard about the matter.
At least two months before publishing those conditions or any changes to them under subsection (1), the owner of the facility must—
publish a draft of the proposed conditions or changes; and
inform any person who has a right to have gas processed by the facility that the draft has been published.
Where, after further considering an application under subsection (1F), the Authority is satisfied that the giving of directions under this section would not prejudice the efficient operation of the facility, or the processing by the facility of— the Authority may give such directions to the owner of the facility.
the quantities of gas which the owner of the facility or any associate of the owner requires or may reasonably be expected to require to be processed by the facility for the purposes of any business carried on by him; and
the quantities of gas which any person who is not such an associate and has a right to have gas processed by the facility is entitled to require to be so processed in the exercise of that right,
The owner of the facility must take into account any representations received about the proposed conditions or changes before publishing them, or a modified version of them, as final conditions or changes under subsection (1).
Directions under this section may—
specify the terms on which the Authority considers the owner of the facility should enter into an agreement with the applicant for all or any of the following purposes—
for securing to the applicant the right to have processed by the facility, during the period specified in the directions and in the quantities so specified, gas which is of a kind so specified;
for securing that the exercise of that right is not prevented or impeded;
for regulating the charges which may be made for the processing of gas by virtue of that right;
for securing to the applicant such ancillary or incidental rights as the Authority considers necessary or expedient, which may include the right to have a pipe-line of his connected to the facility by the owner;
specify the sums or the method of determining the sums which the Authority considers should be paid by way of consideration for any such right; and
require 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.
In subsection (1) “year” means any year ending with 9th August.
Sections 28 to 30F of the 1986 Act (enforcement of relevant requirements etc) apply in relation to the owner of a gas processing facility as if—
references to “a licence holder” were references to the owner of the facility; and
references to a “relevant requirement” were references to a requirement imposed on the owner under this section.
Any person who seeks a right to have gas processed for a downstream purpose by a gas processing facility (“the applicant”) shall, before making an application to the Authority under subsection (1F), apply to the owner of the facility for the right.
In this section—
“gas” means any substance which is or (if it were in a gaseous state) would be gas within the meaning of Part I of the 1986 Act;
“gas processing facility” means any facility which carries out gas processing operations;
Section 3(2).
Section 9(2).
Section 10(1).
After section 8 of the 1986 Act there shall be inserted the following section—
In subsection (1) of section 8A of the 1986 Act (modification or removal of the 25,000 therm limits), for the words “section 4(2)(d) or 8(5)(b) above or section 10(5) or 14(3) or (4)(b) below” there shall be substituted the words “ 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 ”. Subsections (3) and (4) of that section shall cease to have effect.
For section 9 of the 1986 Act there shall be substituted the following section—
For section 10 of the 1986 Act there shall be substituted the following section—
For section 11 of the 1986 Act there shall be substituted the following section—
For section 12 of the 1986 Act there shall be substituted the following section—
For section 13 of the 1986 Act there shall be substituted the following section—
Section 14 of the 1986 Act (fixing of tariffs) shall cease to have effect.
Section 14A of the 1986 Act (which is superseded by paragraph 26 below) shall cease to have effect.
In subsection (2) of section 15A of the 1986 Act (billing disputes), for the words “public gas supplier and a tariff customer” there shall be substituted the words “ gas supplier and a domestic customer ”. In subsection (8) of that section— After subsection (9) of that section there shall be inserted the following subsection—
Section 15B of the 1986 Act (which is superseded by paragraph 36 below) shall cease to have effect.
For section 16 of the 1986 Act there shall be substituted the following section—
For section 17 of the 1986 Act there shall be substituted the following section—
In subsection (2) of section 18 of the 1986 Act (safety regulations)— In subsection (4) of that section— In subsection (8) of that section, for paragraphs (a) and (b) there shall be substituted the words “ any reference to a gas operator were a reference to the relevant authority ”. For subsection (9) of that section there shall be substituted the following subsections—
After section 18 of the 1986 Act there shall be inserted the following section—
For section 19 of the 1986 Act there shall be substituted the following section—
Section 20 of the 1986 Act (construction of pipe-lines) shall cease to have effect.
For subsection (1) of section 21 of the 1986 Act (increase of capacity etc. of pipe-lines) there shall be substituted the following subsection— In subsection (2) of that section— In subsection (3) of that section, for the word “pipe-line”, in each place where it occurs, there shall be substituted the words “ pipe-line system ”. After subsection (3) of that section there shall be inserted the following subsection— After subsection (4) of that section there shall be inserted the following subsection—
In subsection (1) of section 22 of the 1986 Act (effect of directions), for the words “19, 20(4) or 21(1)” there shall be substituted the words “ 19 or 21(1) ”.
After section 22 of the 1986 Act there shall be inserted the following section—
For section 23 of the 1986 Act there shall be substituted the following section—
For subsection (1) of section 24 of the 1986 Act (modification references to Monopolies Commission) there shall be substituted the following subsections— In subsection (3) of that section, for the words “conditions of the authorisation” there shall be substituted the words “ relevant conditions ”. In subsection (4) of that section, for the words “the public gas supplier” there shall be substituted the words “ the holder of the licence or, as the case may be, the relevant licence holders ”. After subsection (4) of that section there shall be inserted the following subsection— In subsection (6) of that section, for the words “section 4” there shall be substituted the words “ sections 4 and 4A(1) and (2) ”. After subsection (7) of that section there shall be inserted the following subsection—
In subsection (1)(c) of section 25 of the 1986 Act (reports on modification references), for the words “the conditions of the authorisation” there shall be substituted the words “ the relevant conditions ”. In subsection (2) of that section, for the words “public gas supplier” there shall be substituted the words “ holder of the licence or, as the case may be, any of the relevant licence holders ”. In paragraph (a) of subsection (5) of that section, for the words “such a report, send a copy of it to the public gas supplier” there shall be substituted the words “ a report on a reference under section 24(1) above, send a copy of it to the licence holder ”. After that subsection there shall be inserted the following subsection— In subsection (6) of that section—
In subsection (1) of section 26 of the 1986 Act (modification following report), for the words “the conditions of the authorisation”, in both places where they occur, there shall be substituted the words “ the relevant conditions ”. After that subsection there shall be inserted the following subsection— In subsection (4) of that section, for the words “public gas supplier” there shall be substituted the words “ holder of the licence or, as the case may be, the relevant licence holders, to the Health and Safety Executive ”. After that subsection there shall be inserted the following subsection—
For section 27 of the 1986 Act there shall be substituted the following section—
After section 27 of the 1986 Act there shall be inserted the following section—
In subsections (1), (2) and (4) of section 28 of the 1986 Act (orders for securing compliance with certain provisions), for the words “public gas supplier” there shall be substituted the words “ licence holder ”. In subsection (5) of that section— In subsections (6) and (7) of that section, for the words “public gas supplier” there shall be substituted the words “ licence holder ”. After subsection (7) of that section there shall be inserted the following subsection— In subsection (8) of that section— After that subsection there shall be inserted the following subsection—
In subsections (2) to (4), (6) and (7) of section 29 of the 1986 Act (procedural requirements), for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ licence holder ”.
In subsection (1) of section 30 of the 1986 Act (validity and effect of orders), for the words “public gas supplier” there shall be substituted the words “ licence holder ”. For subsection (2) of that section there shall be substituted the following subsection—
In subsections (1) and (2) of section 31 of the 1986 Act (duty of Director to investigate certain matters), for the words “an enforcement matter” there shall be substituted the words “ a reserved matter ”. For subsection (3) of that section there shall be substituted the following subsections—
For subsection (2) of section 32 of the 1986 Act (duty of Council to investigate certain matters) there shall be substituted the following subsection— In subsections (3) and (5) of that section, the words “paragraph (a) of” shall cease to have effect. In subsection (4) of that section, the word “already” shall cease to have effect. Subsections (6) and (7) of that section shall cease to have effect.
In subsection (1) of section 32A of the 1986 Act (preliminary investigation by Council of certain disputes), for the words “section 14A” there shall be substituted the words “ section 27A ”.
In subsection (2) of section 33 of the 1986 Act (power of Council to investigate other matters), for the words “public gas suppliers” there shall be substituted the words “ gas suppliers ”. In subsection (3) of that section, the words “but nothing in this subsection shall require the Council to send any such copy to the Director” shall cease to have effect. After that subsection there shall be inserted the following subsection—
In subsection (1) of section 33A of the 1986 Act (standards of performance in individual cases), for the words “public gas suppliers to tariff customers” there shall be substituted the words “ gas suppliers to domestic customers ”. In subsection (2) of that section, for the words “the public gas suppliers” there shall be substituted the words “ gas suppliers ”. In subsection (3) of that section— In subsection (4) of that section— Subsections (10) and (11) of that section shall cease to have effect.
In subsection (1) of section 33B of the 1986 Act (overall standards of performance), for the words “public gas suppliers” there shall be substituted the words “ gas suppliers ”. In subsection (2) of that section, for the words “the public gas suppliers” there shall be substituted the words “ gas suppliers ”. For subsection (3) of that section there shall be substituted the following subsections— In subsection (4) of that section, for the words “public gas supplier” there shall be substituted the words “ gas supplier ”.
After section 33B of the 1986 Act there shall be inserted the following section—
In subsection (1) of section 33C of the 1986 Act (information with respect to levels of performance), for the words “public gas suppliers”, in each place where they occur, there shall be substituted the words “ gas suppliers ”. In subsection (2) of that section— In subsection (3) of that section, for the words “public gas supplier” there shall be substituted the words “ gas supplier ”. In subsection (4) of that section, for the words “public gas suppliers” there shall be substituted the words “ gas suppliers ”.
In subsection (1) of section 33D of the 1986 Act (information to be given to customers about overall performance), for the words “public gas supplier” there shall be substituted the words “ gas supplier ”. After subsection (2) of that section there shall be inserted the following subsection—
In subsection (1) of section 33E of the 1986 Act (procedures for dealing with complaints)— In subsections (2), (3), (4) and (6) of that section, for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ gas supplier ”.
In subsection (1) of section 34 of the 1986 Act (general functions of Director), for the words “activities connected with the supply of gas through pipes” there shall be substituted the following paragraphs— In subsection (2) of that section, for the words “the supply of gas through pipes, and the persons providing such supplies” there shall be substituted the following paragraphs—. In subsection (4) of that section, after the words “function of the Director” there shall be inserted the words “ or the Secretary of State. ” After that subsection there shall be inserted the following subsection—
In subsection (1) of section 35 of the 1986 Act (publication of information and advice), for the words “tariff customers and potential tariff customers of public gas suppliers” there shall be substituted the words “ customers and potential customers of gas suppliers ”.
In subsection (1) of section 36 of the 1986 Act (keeping of register)— In subsection (2) of that section—
After section 36 of the 1986 Act there shall be inserted the following section—
After section 36A of the 1986 Act there shall be inserted the following section—
For section 37 of the 1986 Act there shall be substituted the following section—
In subsection (1) of section 38 of the 1986 Act (power to require information etc.)— After that subsection there shall be inserted the following subsections— In subsections (2) and (4) of that section, after the words “subsection (1)” there shall be inserted the words “ or (1A) ”.
After section 38 of the 1986 Act there shall be inserted the following section—
After subsection (2) of section 39 of the 1986 Act (annual and other reports) there shall be inserted the following subsection—
In section 40 of the 1986 Act (general duty of Council to advise Director), the words “which relates to tariff customers and” shall cease to have effect.
After subsection (1) of section 42 of the 1986 Act (general restrictions on disclosure of information) there shall be inserted the following subsections— After subsection (3) of that section there shall be inserted the following subsection—
After subsection (1) of section 43 of the 1986 Act (making of false statements etc.) there shall be inserted the following subsection—
In subsection (1) of section 46 of the 1986 Act (service of notices etc.), the words “Subject to subsection (2) below” shall cease to have effect. For subsections (2) and (3) of that section there shall be substituted the following subsections—
In subsection (3) of section 47 of the 1986 Act (provisions as to regulations)— In subsection (5) of that section, after the words “the Secretary of State” there shall be inserted the words “ , the Director ”. For subsection (7) of that section there shall be substituted the following subsection—
In subsection (1) of section 48 of the 1986 Act (interpretation of Part I and savings)— After subsection (1) of that section there shall be inserted the following subsection— In subsection (2) of that section, for paragraphs (a) and (b) there shall be substituted the words “ to the supply of gas (directly or indirectly) to a public gas transporter, gas supplier or gas shipper ”. For subsection (3) of that section there shall be substituted the following subsections—
In paragraph 10 of Schedule 1 to the 1986 Act (the Director General of Gas Supply), after the words “the Director”, in the first place where they occur, there shall be inserted the words “ (other than the making of a statutory instrument) ”.
In Schedule 3 to the 1986 Act (acquisition of land by public gas suppliers)—
for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ public gas transporter ”;
for the words “public gas supplier’s”, in each place where they occur, there shall be substituted the words “ public gas transporter’s ”; and
for the words “the supplier”, in each place where they occur, there shall be substituted the words “ the transporter ”.
In Schedule 4 to the 1986 Act (power of public gas suppliers to break up streets, bridges etc.)— In sub-paragraph (1) of paragraph 1 of that Schedule, for the words from “placing in” to the end there shall be substituted the following paragraphs— After sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraphs— In paragraph 3(2) of that Schedule, for the words “giving a supply of” there shall be substituted the word “ conveying ”.
Section 16(1).
In this Schedule “public gas transporter” has the same meaning as in Part I of the 1986 Act.
A public gas transporter shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely— References to public gas suppliers in the following enactments shall have effect as references to a public gas transporter, namely— The reference in Schedule 4 to the Public Health Act 1961 to gas undertakers shall have effect as a reference to a public gas transporter. References in the Landlord and Tenant Act 1927 to a statutory company shall be deemed to include references to a public gas transporter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to public utility undertakers in the Highways Act 1980 shall be deemed to include references to a public gas transporter. Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) shall apply to a public gas transporter for the purposes of any works carried out by him. The reference in section 82(4) of the Building Act 1984 (provisions with respect to demolition orders) to a person authorised by an enactment to carry on an undertaking for the supply of gas shall be construed as a reference to a public gas transporter. References to public undertakers in section 125(7) of, and paragraphs 9 and 10 of Schedule 8 to, the Housing (Scotland) Act 1987 shall be deemed to include references to a public gas transporter. In the following enactments, namely— In the following enactments, namely—
In section 229 of the Public Health Act 1936 (power of statutory undertakers to supply water, gas or electricity to baths etc. on favourable terms), the word “gas”, in both places where it occurs, shall cease to have effect.
In relation to gas, subsection (5)(b) of section 9 of the Statistics of Trade Act 1947 (restriction on disclosure of information obtained under that Act) shall have effect as if the references to the total quantity or value of any articles produced, sold or delivered included a reference to each of the following, that is to say— If different areas of Great Britain are specified for any purposes of this paragraph by order made by the Secretary of State, this paragraph shall have effect for those purposes as if any reference to Great Britain included a reference to each of those areas. An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. In this paragraph— For the purposes of this paragraph—
In subsection (2) of section 1 of the Rights of Entry (Gas and Electricity Boards) Act 1954 (restriction on exercise of rights of entry), for the words “public gas supplier” there shall be substituted the words “ gas operator ”. In subsection (1) of section 2 of that Act— In paragraph (a) of subsection (3) of that section, for the words “public gas supplier” there shall be substituted the words “ gas operator ”. In section 3 of that Act—
In section 58(1) of the Pipe-lines Act 1962 (exclusion of application of Act to pipe-lines of certain statutory bodies), for paragraph (a) there shall be substituted the following paragraph— After that section there shall be inserted the following sections—
In Part II of the Gas Act 1965 for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ public gas transporter ”. In subsection (2) of section 32 of that Act, for the words “public gas supplier” there shall be substituted the words “public gas transporter” . In paragraph 14(1) of Schedule 2 to that Act, for the words “public gas suppliers” there shall be substituted the words “ public gas transporters ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part I of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) shall have effect as if section 58A of the Pipe-lines Act 1962 and section 22A(1)(c) of and paragraphs 17, 20 and 21 of Schedule 2B to the 1986 Act— Without prejudice to the generality of subsection (1) of section 15 of the 1974 Act (health and safety regulations), regulations under that section may repeal or modify any of the provisions mentioned in sub-paragraph (1) above. Nothing in sub-paragraph (1) above shall affect the operation of section 18 of the 1974 Act (enforcement of relevant statutory provisions) in relation to any time before such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (2) of section 12 of that Act (disposal of gas by flaring, etc), for the words “except gas supplied by a public gas supplier” there shall be substituted the words “ except gas conveyed through pipes to premises by a public gas transporter ”.
In paragraph (c) of the proviso to section 36 of Schedule 4 to the Water (Scotland) Act 1980 (provisions to be incorporated in orders relating to water undertakings), for the words—
“gas undertakers” there shall be substituted the words “ public gas transporter (within the meaning of Part I of the Gas Act 1986) ”; and
“those undertakers” there shall be substituted the words “ such public gas transporter ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For paragraph (a) of subsection (3) of section 233 of the Insolvency Act 1986 (supplies of gas, water, electricity etc.) there shall be substituted the following paragraph—. Paragraph (a) of subsection (5) of that section shall cease to have effect. For paragraph (a) of subsection (4) of section 372 of that Act (supplies of gas, water, electricity etc.) there shall be substituted the following paragraph—. Paragraph (a) of subsection (5) of that section shall cease to have effect.
In paragraph (c) of subsection (7) of section 10 of the Consumer Protection Act 1987 (the general safety requirement), for the words “section 6, 7 or 8” to the end there shall be substituted the following words “section 7A of the Gas Act 1986 (licensing of gas suppliers and gas shippers) or paragraph 5 of Schedule 2A to that Act (supply to very large customers an exception to prohibition on unlicensed activities).” In paragraph (c) of subsection (7) of section 11 of that Act (safety regulations), for the words “section 6, 7 or 8” to the end there shall be substituted the following words “section 7A of the Gas Act 1986 (licensing of gas suppliers and gas shippers) or paragraph 5 of Schedule 2A to that Act (supply to very large customers an exception to prohibition on unlicensed activities).”
In paragraph 8 of Schedule 5 to the Road Traffic (Driver Licensing and Information Systems) Act 1989 (driver information systems: undertakers' works)—
in the definition of “relevant undertaker”, for the words “public gas supplier” there shall be substituted the words “public gas transporter”; and
in the definition of “undertaker’s works”, for the words “supplying gas as a public gas supplier” there shall be substituted the words “conveying gas as a public gas transporter”.
In paragraph 3 of Schedule 4 to the Electricity Act 1989 (other powers etc. of licence holders)— In sub-paragraph (1)(a) of paragraph 4 of that Schedule, for the words “public gas supplier” there shall be substituted the words “public gas transporter”. In paragraph 12 of that Schedule, for the words “public gas supplier” there shall be substituted the words “public gas transporter”.
In section 252 of the Town and Country Planning Act 1990 (procedure for making orders)— In subsection (3) of section 262 of that Act (meaning of “statutory undertakers”), for the words “public gas supplier” there shall be substituted the words “public gas transporter”. In subsection (2) of section 265 of that Act (meaning of “the appropriate Minister”), for the words “public gas supplier” there shall be substituted the words “public gas transporter”. In subsection (1) of section 336 of that Act (interpretation), for the words “public gas supplier” there shall be substituted the words “public gas transporter”.
In section 9(5) of the Enterprise and New Towns (Scotland) Act 1990 (powers of entry: meanings of certain expressions), for the words “Schedule 7 to the Gas Act 1986” there shall be substituted the words “Schedule 4 to the Gas Act 1995”.
In section 7 of the Natural Heritage (Scotland) Act 1991 (powers of entry)—
in subsection (5), the words from “(within” to the end shall cease to have effect; and
after subsection (5) there shall be inserted—.
In Part 3 of the Schedule to the Central Rating Lists Regulations 1994, for the words “public gas supplier”, in both places where they occur, there shall be substituted the words “public gas transporter”.
Section 17(1).
The provisions of this Part of this Schedule have effect as respects each person who is a public gas supplier immediately before the appointed day (in this Part of this Schedule referred to as “the public gas supplier”) for the purpose of securing that his authorisation under section 7 of the 1986 Act has effect on and after that day as if it were— The persons referred to in sub-paragraph (1) above are— For the purposes of this paragraph a company is an associate of the public gas supplier if—
Before such date as the Secretary of State may direct, the public gas supplier shall— Such a scheme may— Without prejudice to the generality of sub-paragraph (2)(d) above, such a scheme may, in relation to transfers or transactions effected in pursuance of the scheme, make provision, either generally or for specified purposes— An obligation imposed by a provision included in such a scheme by virtue of sub-paragraph (2)(c) above shall be enforceable by civil proceedings by the other person for an injunction or for interdict or for any other appropriate relief or remedy. A transaction of any description which is effected in pursuance of such a provision as is mentioned in sub-paragraph (4) above— Where a lease of any land is granted in pursuance of such a provision as is mentioned in sub-paragraph (4) above, any right of pre-emption or other like right affecting that land—
If the public gas supplier fails, before the date specified in the Secretary of State’s direction under paragraph 2 above, to make a nomination for the purposes of sub-paragraph (2) of paragraph 1 above, the Secretary of State may himself make a nomination for the purposes of that sub-paragraph. A scheme under paragraph 2 above shall not take effect unless it is approved by the Secretary of State; and the Secretary of State may if he thinks fit, before approving such a scheme, make such modifications of the scheme as he considers appropriate for the purpose of securing that the scheme makes such provision, and only such provision, as he considers requisite or expedient for the purposes of this Part of this Schedule. If, in relation to such a scheme— the Secretary of State may himself make the scheme.
As soon as practicable after the date specified in the Secretary of State’s direction under paragraph 2 above and in any event before the appointed day, the Secretary of State shall make a scheme providing for the public gas supplier’s authorisation under section 7 of the 1986 Act to have effect as mentioned in paragraph 1(1) above. In making a scheme under this paragraph, the Secretary of State shall have regard to the provisions of the scheme made under paragraph 2 above. Subject to sub-paragraph (4) below, a scheme under this paragraph shall provide that each condition which by virtue of section 8(2) of this Act is a standard condition for the purposes of— shall be incorporated in the licence treated as granted under that section or, as the case may be, the licence treated as granted under that subsection. Such a scheme may provide that each licence which is treated as so granted (including the terms and conditions which are derived from the authorisation and the standard conditions which are incorporated by virtue of sub-paragraph (3) above) shall have effect with— and such a scheme may also make such transitional provision as appears to the Secretary of State to be necessary or expedient. As soon as practicable after making a scheme under this paragraph, the Secretary of State shall publish the text of each licence which by virtue of the scheme is treated as granted under section 7 or 7A(1) or (2) of the 1986 Act; and any text so published shall be treated as authoritative unless the contrary is shown.
It shall be the duty of the public gas supplier to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by paragraph 3 or paragraph 4(1) to (4) above. The Secretary of State shall not exercise any function conferred on him by paragraph 3 or paragraph 4(1) to (4) above except after consultation with the public gas supplier.
Subject to the provisions of paragraph 7 below, on the appointed day all property, rights and liabilities— shall become by virtue of this paragraph property, rights and liabilities of that associate. On the appointed day the public gas supplier’s authorisation under section 7 of the 1986 Act shall have effect as provided for by the scheme under paragraph 4 above.
The provisions of Schedule 10 to the Electricity Act 1989 (supplementary provisions as to transfers under sections 66 and 67 of that Act) shall apply— to any transfer which is effected by paragraph 6 above; and that paragraph shall have effect subject to those provisions as so modified. The provisions of that Schedule shall apply as if— For the purposes of sub-paragraphs (1) and (2)(b), (d) and (e) above, any property, rights or liabilities retained by the public gas supplier in pursuance of the scheme under paragraph 2 above shall be deemed to be transferred to the supplier by paragraph 6 above in pursuance of the scheme.
Any shares issued to the public gas supplier by the transferee in pursuance of the scheme under paragraph 2 above—
shall be of such nominal value as may be specified in or determined under the scheme;
shall be issued or allotted on such terms as may be so specified or determined; and
shall be issued as fully paid and treated for the purposes of the Companies Act 1985 as if they had been paid up by virtue of the payment to the transferee in cash of their nominal value and, if the scheme so provides, such premium as may be so specified or determined.
This paragraph has effect for the purposes of any statutory accounts of the transferee, that is to say, any accounts prepared by the transferee for the purpose of any provision of the Companies Act 1985 (including group accounts). Subject to sub-paragraph (3) below, the value or amount to be assigned to any asset or liability which is vested in the transferee by virtue of paragraph 6 above shall be— The amount to be included in respect of any item shall be determined as if so much of anything done by the public gas supplier (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) as may be determined by or under the scheme under paragraph 2 above had been done by the transferee. Without prejudice to the generality of the preceding provisions of this paragraph, the amount to be included from time to time in any reserves of the transferee as representing the transferee’s accumulated realised profits shall be determined as if such proportion of any profits realised and retained by the public gas supplier as is determined by or under the scheme under paragraph 2 above had been realised and retained by the transferee. In this paragraph, in relation to the public gas supplier—
Any shares issued to the public gas supplier by the transferee in pursuance of the scheme under paragraph 2 above shall be treated for the purposes of the Corporation Tax Acts as if they had been issued wholly in consideration of a subscription paid to the transferee (and attributable equally between those shares) of an amount equal to the difference between— The value required to be determined for the purposes of sub-paragraph (1)(a) above is market value, as defined in section 272 of the Taxation of Chargeable Gains Act 1992. Any debenture issued to the public gas supplier by the transferee in pursuance of the scheme under paragraph 2 above shall be treated for the purposes of the Corporation Tax Acts as if it had been issued— For the purposes of Chapter II of Part VI of the Income and Corporation Taxes Act 1988 (definition of distributions), where in the case of any transfer under paragraph 6 above any consideration given or treated as given in respect of a security relating to— would fall (apart from this sub-paragraph) to be regarded for those purposes as new consideration received by the public gas supplier, that consideration shall be treated instead, to the extent that it relates to so much of the liability as falls in consequence of the transfer to be discharged by the transferee, as if it were new consideration received by the transferee.
Where any transfer is effected by paragraph 6 above, the transferee shall be treated— as if it were the same person in law as the public gas supplier.
for the purposes of section 10(1)(a) of the Oil Taxation Act 1975; and
for the purposes of the Gas Levy Act 1981,
This paragraph applies where any transfer effected by paragraph 6 above is a transfer of a hereditament which, immediately before the appointed day, falls within the description set out in Part 3 of the Schedule to the Central Rating Lists Regulations 1994. The Secretary of State may by order make such modifications of that Part of that Schedule, and of the British Gas plc (Rateable Values) Order 1994, as may appear to him necessary or expedient as a consequence of the transfer. An order under this paragraph which is made after the appointed day may have effect as from that day or any later day. Where, by virtue of sub-paragraph (3) above, an order under this paragraph has effect from a day earlier than that on which it is made, any necessary alteration shall be made with effect from that earlier day to any central rating list in which the hereditament is shown. An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any approval— shall have effect on and after that day as if it had been given for the purposes of paragraph 3 of Schedule 2A to that Act.
which has been given by the Secretary of State for the purposes of section 5(3) of the 1986 Act (approval of contract for supply of propane or butane); and
which is in force immediately before the appointed day,
This paragraph applies where any notification given, or having effect as if given, to the Secretary of State under section 6(1) of the 1986 Act (exceptions to section 5) by any person (“the gas supplier”) is in force immediately before the appointed day. The notification shall have effect on and after the appointed day as if it had been given to the Director under paragraph 5(1) of Schedule 2A to the 1986 Act (exceptions to prohibition on unlicensed activities). Before the appointed day, such one or more of the following as may be requisite to meet the particular circumstances of the case, namely— shall be granted to the gas supplier, to come into force on that day, by the Secretary of State or, as the case may be, by the Director.
This paragraph applies where— Subject to the following provisions of this paragraph, the application shall have effect on and after the appointed day as if it were an application to the Director (in such terms as may be specified by the applicant for the purposes of this sub-paragraph) for— The persons referred to in sub-paragraph (2) above are— Sections 7, 7A and 7B of the 1986 Act shall apply in relation to the application, and any licence granted or proposed to be granted on the application, as if subsections (5) and (6) of section 7, and subsections (1) and (2) of section 7B, were omitted. No licence shall be granted on the application except with the consent of the Secretary of State; and before giving his consent the Secretary of State shall consult— For the purposes of this paragraph a company is an associate of the applicant if— Any reference in this paragraph to a licence of any description includes a reference to an extension of such a licence.
The provisions of this paragraph have effect as respects each person who holds, or is treated as holding, an authorisation under section 8 of the 1986 Act (authorisation of persons other than public gas suppliers) which is in force immediately before the appointed day (a “gas supplier”) for the purpose of securing that the authorisation has effect on and after that day as if it were such one or more of the following as may be requisite to meet the particular circumstances of the case, namely— As soon as practicable after the passing of this Act, and in any event before the appointed day, the Secretary of State shall make a scheme providing for each gas supplier’s authorisation under section 8 of the 1986 Act to have effect as mentioned in sub-paragraph (1) above. Subject to sub-paragraphs (4) and (5) below, a scheme under this paragraph shall provide that each condition which by virtue of section 8(2) of this Act is a standard condition for the purposes of— shall be incorporated in any licence treated as granted under that subsection. Sub-paragraph (3) above shall not apply in relation to a licence treated as granted under section 7A(1) of the 1986 Act which authorises only the supply to premises of gas which has been conveyed to the premises otherwise than by a public gas transporter. A scheme under this paragraph may provide that any licence which is treated as granted under section 7A(1) or (2) of the 1986 Act and any exemption which is treated as granted under section 6A of that Act (including the terms and conditions which are derived from the authorisation and, in the case of a licence, the standard conditions which are incorporated by virtue of sub-paragraph (3) above) shall have effect with— and such a scheme may also make such transitional provision as appears to the Secretary of State to be necessary or expedient. A scheme under this paragraph may make different provisions for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme. As soon as practicable after making a scheme under this paragraph, the Secretary of State shall publish, as respects each different case or class of case— and any text so published shall be treated as authoritative unless the contrary is shown. It shall be the duty of each gas supplier to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by sub-paragraphs (1) to (6) above. The Secretary of State shall not exercise any function conferred on him by sub-paragraphs (1) to (6) above except after consultation with such gas suppliers as he considers appropriate. On the appointed day each gas supplier’s authorisation under section 8 of the 1986 Act shall have effect as provided for by the scheme under this paragraph.
Subject to sub-paragraph (2) below, any authorisation granted under section 8 of the 1986 Act to persons of a class which is in force immediately before the appointed day shall have effect on and after that day as if it— If, in the case of any such authorisation as is mentioned in sub-paragraph (1) above, the Secretary of State is satisfied that exemption from such one or more of paragraphs (a), (b) and (c) of section 5(1) of the 1986 Act as may be requisite to meet the particular circumstances of the case will be granted under section 6A of that Act as from the appointed day, he may by order direct that that sub-paragraph shall not apply in relation to the authorisation. An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any arrangement— shall be treated for the purposes of section 5(1)(c) of the 1986 Act as if it had been made on that day with the supplier’s transport successor. In this Part of this Schedule “transport successor”, in relation to a public gas supplier, means the person who becomes a public gas transporter by virtue of the scheme made by or in relation to that supplier under Part I of this Schedule.
This paragraph applies where immediately before the appointed day a public gas supplier (“the public gas supplier”) is supplying tariff customers with gas. The supplier’s supply successor shall be deemed to have contracted with those customers for the supply of gas as from that day. The express terms and conditions of a contract which, by virtue of sub-paragraph (2) above, is deemed to have been made shall be provided for by the scheme made under this paragraph. Before such date as the Secretary of State may direct, the public gas supplier shall make a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (2) above, are to be deemed to have been made. A scheme under this paragraph may— A scheme under this paragraph shall not take effect unless it is approved by the Secretary of State; and the Secretary of State may modify such a scheme before approving it. If, in relation to such a scheme— the Secretary of State may himself make the scheme. It shall be the duty of the public gas supplier to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by sub-paragraph (6) or (7) above. The Secretary of State shall not exercise any function conferred on him by sub-paragraph (6) or (7) above except after consultation with the public gas supplier. A scheme made under this paragraph shall be published in the London and Edinburgh Gazettes before the appointed day and shall come into operation on that day; and conclusive evidence of a scheme so made may be given in all courts of justice and in all legal proceedings whatever by the production of a copy of either of those Gazettes purporting to contain it. In this Part of this Schedule “supply successor”, in relation to a public gas supplier, means the person who becomes a gas supplier by virtue of a scheme made by or in relation to that public gas supplier under Part I of this Schedule.
Sub-paragraph (2) below applies where— The requirement shall have effect on and after the appointed day as if it were— Sub-paragraph (4) below applies to any regulations— Regulations to which this sub-paragraph applies shall have effect on and after the appointed day as if— Expressions used in this paragraph have the same meanings as in section 10.
Any determination or direction— shall have effect on and after that day as if it had been made as respects, or given to, the supply successor of that supplier under section 33BB of that Act.
which has been made as respects a public gas supplier, or given to such a supplier, under section 15B of the 1986 Act (promotion of the efficient use of gas); and
which is in force immediately before the appointed day,
Any regulations— shall have effect on and after that day as if they had been made by the Director and as if any reference in them to the Secretary of State were a reference to the Director. Any approval, consent or authorisation— shall have effect on and after that day as if it had been given by the Director.
Notwithstanding the repeal by this Act of section 63 of the 1986 Act (restrictions on use of certain information), any direction given by the Secretary of State to the holder of an authorisation under section 7 of that Act shall continue to have effect so far as it relates to any relevant negotiations (within the meaning of the said section 63) which took place before the appointed day.
Where— paragraph 7(1) of Schedule 2B to the 1986 Act shall have effect as if the demand had been made by the supplier’s supply successor on the day on which it was made by the supplier. Where— paragraph 7(3) of Schedule 2B to the 1986 Act shall have effect as if the notice had been given by the supplier’s supply successor on the day on which it was given by the supplier.
Any notice— shall have effect on and after that day as if it had been given on that day under sub-paragraph (1) or, as the case may be, sub-paragraph (2) of paragraph 17 of Schedule 2B to that Act by the supplier’s transport successor.
which has been given by a public gas supplier under sub-paragraph (1) or (2) of paragraph 8 (use of antifluctuators and valves) of Schedule 5 to the 1986 Act; and
which is in force immediately before the appointed day,
Where— each of paragraphs 11 and 25 of Schedule 2B to that Act shall have effect as if those premises had been disconnected on that day by the supplier’s transport successor otherwise than in the exercise of such a power as is mentioned in sub-paragraph (1) of that paragraph. Where— each of paragraphs 11 and 25 of Schedule 2B to that Act shall have effect as if a supply of gas to those premises had been cut off on that day by the supplier’s supply successor otherwise than in the exercise of such a power as is mentioned in sub-paragraph (1) of that paragraph.
Any notice— shall have effect on and after that day as if it had been given on that day under sub-paragraph (1) of paragraph 12 of Schedule 2B to that Act to the supplier’s transport successor.
which has been given to a public gas supplier under sub-paragraph (1) of paragraph 12 (failure to notify connection or disconnection of service pipe) of Schedule 5 to the 1986 Act; and
which is in force immediately before the appointed day,
Any warrant— shall have effect on and after that day as if it had been granted for the purpose of enabling an employee of the supplier’s supply successor who is authorised by him for the purpose to enter those premises, in accordance with paragraph 23(1)(b) of Schedule 2B to the 1986 Act, in order to ascertain the quantity of gas supplied to the premises. Sub-paragraph (3) below applies to any warrant— Any warrant to which this sub-paragraph applies shall have effect on and after the appointed day as if it had been granted as two separate warrants— In this paragraph “employee” has the same meaning as in the Rights of Entry (Gas and Electricity Boards) Act 1954.
Any notice— shall have effect on and after that day as if it had been given by the public gas supplier’s transport successor.
which has been given by a public gas supplier in England and Wales under section 54, 55 or 57 of the New Roads and Street Works Act 1991, or in Scotland under section 113, 114 or 116 of that Act; and
which is in force immediately before the appointed day,
In relation to any supply of gas before the appointed day, the reference in subsection (2) of section 62 of the 1986 Act (exclusion of agreements from Restrictive Trade Practices Act 1976) to a supply of gas otherwise than under a licence granted under section 7A(1) of the 1986 Act shall have effect— In relation to any introduction or taking out of gas, or any use of a system or facility, before the appointed day, subsection (2A) of section 62 of the 1986 Act shall have effect as if—
Nothing in this Act shall affect the operation of the following, namely—
sections 19 and 33 of and Schedules 3 and 6 to the General Rate Act 1967 and Schedule 3 to the Local Government Act 1974, so far as those provisions of those Acts continue to have effect in relation to periods ending before 1st April 1990;
the Valuation for Rating (Plant and Machinery) Regulations 1989, so far as those Regulations continue to have effect for the purpose of determining the rateable values of hereditaments for days falling before 1st April 1995;
the Central Rating Lists Regulations 1989, so far as those Regulations continue to have effect in relation to periods ending before 1st April 1995; and
the Central Rating Lists Regulations 1994, so far as those Regulations have effect in relation to periods ending before the appointed day.
Section 17(5). Chapter Short title Extent of repeal 26 Geo. 5 & 1 Edw. 8 c. 49. Public Health Act 1936. In section 229, the word “gas”, in both places where it occurs. 1973 c. 41. Fair Trading Act 1973. In Schedule 5, paragraph 1. 1986 c. 44. Gas Act 1986. Section 6. In section 8A, subsections (3) and (4). Sections 14, 14A and 15. Section 15B. Section 20. In section 32, in subsections (3) and (5), the words “paragraph (a) of”, in subsection (4), the word “already”, and sub-sections (6) and (7). In section 33(3), the words “but nothing in this subsection shall require the Council to send any such copy to the Director”. In section 33A, subsections (10) and (11). In section 38(1), the words from “but no person” to the end. In section 40, the words “which relates to tariff customers and”. In section 46(1), the words “Subject to subsection (2) below”. In section 48(1), the definitions of “regula-tions” and “tariff customer”. Section 62(7). Section 63. In section 64(2), the words “20(9)”. Schedule 5. In Schedule 7, paragraphs 2, 4, 5, 6(2) and (26)(h), 15(4), 17, 20, 26(1) and 31. 1986 c. 45. Insolvency Act 1986. Section 233(5)(a). Section 372(5)(a). 1991 c. 22. New Roads and Street Works Act 1991. In Schedule 8, paragraph 120. 1991 c. 28. Natural Heritage (Scotland) Act 1991. In section 7(5), the words from “(within” to the end. 1992 c. 15. Offshore Safety Act 1992. In section 2(3)(b), the words “so far as relating to standards affecting safety” and the words “so far as so relating”. 1992 c. 43. Competition and Service (Utilities) Act 1992. Sections 15 and 16. Section 19. Section 38. Section 53(1). In Schedule 1, paragraphs 5, 6 and 9(3). 1993 c. 1. Gas (Exempt Supplies) Act 1993. Sections 1 and 2. 1994 c. 19. Local Government (Wales) Act 1994. In Schedule 16, paragraph 78. 1994 c. 39. Local Government etc. (Scotland) Act 1994. In Schedule 13, paragraph 149. 1994 c. 40. Deregulation and Contracting Out Act 1994. In Schedule 16, paragraphs 11 to 13.
“gas interconnector” has the same meaning as in Part 1 of the 1986 Act;
purifying, blending, odorising or compressing gas for the purpose of enabling it to be introduced into a pipe-line system operated by a public gas transporter or to be conveyed to an electricity generating station, a gas storage facility or any place outside Great Britain;
“gas processing facility” means any facility which — carries out gas processing operations; is operated otherwise than by a gas transporter; and is not an LNG import or export facility;
loading gas— at a facility which carries out operations of a kind mentioned in paragraph (d), or piped from such a facility, and for the purpose of enabling the gas to be conveyed to another place (whether inside or outside Great Britain);
“owner”, in relation to a gas processing facility, includes a lessee and any person occupying or having control of the facility;
purifying, blending, odorising or compressing gas for the purpose of enabling it to be introduced into a pipe-line system operated by a public gas transporter or to be conveyed to an electricity generating station, a gas storage facility or any place outside Great Britain;
removing from gas for that purpose any of its constituent gases, or separating from gas for that purpose any oil or water; ...
determining the quantity or quality of gas which is or is to be so introduced, or so conveyed, whether generally or by or on behalf of a particular person,
“distribution system operator” has the meaning given by Article 2(6) of 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;
An application under subsection (1B) shall be made by giving notice in writing to the owner specifying what is being sought.
Section 91 of the Energy Act 2011 (meaning of “associate”) applies for the purposes of subsection (3) of this section as it applies for the purposes of section 82(7)(d) and (9)(a) of that Act.
both of them are companies; and
one of the companies has control of the other, or both are under the control of the same person or persons;
The notice shall, in particular, specify—
the period during which the gas is to be processed by the facility;
the kind of gas to be processed (which must be of, or similar to, the kind which the facility is designed to process); ...
the quantities of gas to be processed; and
that the gas is to be processed for a downstream purpose
In relation to any time before the appointed day, this section shall have effect as if for the words “public gas transporter”, in each place where they occur, there were substituted the words “public gas supplier”.
Where a person gives notice under subsection (1C), he and the owner of the gas processing facility shall negotiate in good faith and endeavour to reach agreement on the application.
If the owner and the applicant do not reach any such agreement, the applicant may apply to the Authority for directions under this section which would secure to the applicant the right specified in the notice under subsection (1C).
the Authority shall not entertain such an application unless it is satisfied that the parties have had a reasonable time in which to fulfil their duties under subsection (1E).
For the purposes of this section, gas is processed for “a downstream purpose” if it is processed with a view to its being put into a gas storage facility, an LNG import or export facility, a gas interconnector or a distribution system pipeline.
Subsections (1) to (3) of section 49 of the Pipe-lines Act 1962 (service of documents) shall apply for the purposes of this section as they apply for the purposes of that Act.
It shall be the duty of the Gas and Electricity Markets Authority, where either it considers it expedient or it is requested by the Secretary of State to do so, to give information, advice and assistance to the Secretary of State with respect to any matter in respect of which any function of the Secretary of State under this Act is exercisable.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.
In this Act—
“the 1986 Act” means the Gas Act 1986;
The enactments and instrument specified in Schedule 4 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).
The Secretary of State may by order make such consequential modifications of any provision contained in any public general Act passed before the appointed day as appear to him necessary or expedient in respect of—
any reference in that provision to a public gas supplier;
any reference in that provision (in whatever terms) to a person authorised to supply gas through pipes by virtue of section 7 or 8 of the 1986 Act; or
any reference in that provision (in whatever terms) to a person carrying on a gas undertaking or to such an undertaking.
The Secretary of State may by order make such consequential modifications of any provision contained in— as appear to him necessary or expedient.
any Act passed before the appointed day which is not a public general Act; or
any subordinate legislation (within the meaning of the Interpretation Act 1978) made before that day,
An order under subsection (2) or (3) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The transitional provisions and savings contained in Schedule 5 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).
In that Schedule, unless the context otherwise requires, expressions which are also used in the 1986 Act have the same meanings as in that Act.
The Secretary of State may by order make such other transitional provisions and savings as appear to him necessary or expedient.
An order under subsection (3) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Gas Act 1995.
This Act, except— shall come into force on the appointed day, that is to say, such day as the Secretary of State may by order made by statutory instrument under this subsection appoint.
this section;
sections 8(2), 11(1) to (5), 12 and 13;
section 17(1) and (2) and Schedule 5; and
so far as relating to the repeal of section 62(7) of the 1986 Act, section 17(5) and Schedule 6,
Without prejudice to section 13 of the Interpretation Act 1978 (anticipatory exercise of powers), any power conferred on the Secretary of State or the Director by a provision of this Act which comes into force by virtue of subsection (2) above may be exercised before the appointed day provided that nothing done in the exercise of that power has effect before that day.
Section 12 above shall come into force on such day as the Secretary of State may by order made by statutory instrument under this subsection appoint.
This Act, except— does not extend to Northern Ireland.
this section;
subsections (1) to (6) of section 11;
paragraphs 1 to 3, 6, 7, 23 and 30 of Schedule 5 and section 17(1) and (2) so far as relating to those paragraphs; and
Schedule 6 and section 17(5) so far as relating to the repeals of paragraph 1 of Schedule 5 to the Fair Trading Act 1973 and sections 62(7) and 63 of and paragraph 15(4) of Schedule 7 to the 1986 Act,
Act partly in force at Royal Assent, see s. 18(2)(4). S. 8 wholly in force: s. 8(2) in force at Royal Assent, see s. 18(2)(b); s. 8(1) in force (1.3.1996) by S.I 1996/218, arts. 2. S. 11 wholly in force: s. 11(1)-(5) in force at 8.11.1995, see s. 18(2)(b); s. 11(6)(7) in force at 1.3.1996 by S.I. 1996/218, art. 2.. S. 17 wholly in force: s. 17(1)(2) (and s. 17(5) for speified purposes) in force at 8.11.1995 see s. 18(2)(c)(d); s. 17(3)-(5) in force at 1.3.1996 by 1996/218, art. 2. Sch. 6 wholly in force: Sch. 6 partly in force at 8.11.1995 for specified purposes, see s. 18(2); Sch. 6 wholly in force at 1.3.1996 by S.I. 1996/218, art. 2. S. 11(1)-(6) extends to the United Kingdom, s. 11(7) extends to Great Britain only see s. 18(5). For extent of s. 17 see s. 18(2)(c)(d). For extent of Sch. 6 see s. 18(5). S. 1 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch.(subject to arts. 3-20) S. 2 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch.)(subject to arts. 3-20) S. 3(3) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20) Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch.” S. 8(2) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20) S. 10(2)-(5) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20) Words in s. 12 heading inserted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(2), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) S. 12(1)-(1G) substituted (10.8.2000) for s. 12(1) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 1 Words in s. 12(1) inserted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(4)(a), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12(1)(a) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(4)(b), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) S. 12(1ZA)(1ZB) inserted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(5), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12(1B) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(6), 121(1) ; S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12 substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(3), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Word in s. 12(1D) omitted (21.3.2012) by virtue of Energy Act 2011 (c. 16), ss. 92(7)(a), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) S. 12(1D)(d) and preceding word inserted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(7)(b), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Word in s. 12(1G) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(8) , 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12(2) substituted (10.8.2000) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 2(a) Words in s. 12(2)(a) repealed (10.8.2000) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 2(b) Word in s. 12(2)(b) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(9), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12(3) substituted (10.8.2000) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 3 S. 12(5)(5A) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(10), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12(6) inserted (21.3.2012) by Energy Act 2011 (c. 16) , ss. 92(11)(b), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words in s. 12(6) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(11)(a), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Word in s. 12(6) repealed (6.4.2009) by Energy Act 2008 (c. 32), ss. 78(2)(a), 110(2), Sch. 6; S.I. 2009/45, art. 4(c)(bb) (d)(ii) Words in s. 12(6) inserted (6.4.2009) by Energy Act 2008 (c. 32), ss. 78(2)(a), 110(2); S.I. 2009/45, art. 4(c) Definition of “main commercial conditions” in s. 12(6) inserted (10.8.2000) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 5(b) S. 12(6A) inserted (10.8.2000) by S.I. 2000/1937, reg. 2(3), Sch. 3 para. 6 S. 12(7) substituted (21.3.2012) by Energy Act 2011 (c. 16), ss. 92(12), 121(1); S.I. 2012/873, art. 2(b)(ii) (with art. 4) Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch. Sch. 4 para. 2(1)(ix) repealed (S.) (24.12.2010) by Flood Risk Management (Scotland) Act 2009 (asp 6), s. 97(1), Sch. 3 para. 8 (with s. 91); S.S.I. 2010/401, art. 3(h) Sch. 4 para. 2(1)(xiii) repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with s. 83); S.S.I. 2019/47, reg. 2 (with regs. 3-22) Sch. 4 para. 2(1)(xix) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3). Words in Sch. 4 para. 2(1)(xxi) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 61. Sch. 4 para. 2(1)(xxv) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 141(1), 143(2)); S.I. 1998/2244, art. 4. Words in Sch. 4 para. 2(1)(xxviii) substituted (1.10.1998) by 1998 c. 38, s. 135(2)(c) (with ss. 141(1), 143(2)); S.I. 1998/2244, art. 4. Word in Sch. 4 para. 2(1)(xxxvi) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 39; S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) Sch. 4 para. 2(2)(e) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3). Sch. 4 para. 2(5) repealed (14.11.2005) by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 3; S.I. 2005/2040, art. 3(r) Words in Sch. 4 para. 2(7) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 37; S.I. 2017/1286, reg. 2(d) Sch. 4 para. 2(10)(d) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3). Sch. 4 para. 2(10)(f) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 141(1), 143(2)); S.I. 1998/2244, art. 4. Sch. 4 para. 8 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3, Sch. Sch. 4 para. 9 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42) Sch. 4 para. 11(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 17(b) Sch. 4 para. 13 repealed (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 2 Pt. 1 Sch. 4 para. 15(1) omitted (1.10.2005) by virtue of The General Product Safety Regulations 2005 (S.I. 2005/1803), regs. 1(1), 47(1) Sch. 5 para. 11(b) and the word “and” immediately preceding it repealed (31.7.1998 with effect as mentioned in Sch. 27 Pt. V(3) Note 1) by 1998 c. 36, ss. 165, Sch. 27 Pt. V(3) Sch. 5 para. 13 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8, S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20) Sch. 5 para. 14(2) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20) Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch. Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch. Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch. Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch. Sch. 5 para. 30 repealed (1.3.2005) by The Competition Act 1998 (Transitional, Consequential and Supplemental Provisions) Order 2000 (S.I. 2000/311), arts. 1, 29 Act: references to the Director General of Gas Supply ("the Director") shall be read as references to the Gas and Electricity Markets Authority ("the Authority") (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s. 3(2); S.I. 2000/3343, art. 2, Sch. Act: references to a public gas transporter or to the holder of a licence under section 7 of the 1986 Act shall have effect as if they were references to a gas transporter (1.10.2001) by virtue of Utilities Act 2000 (c. 27), s. 76(7); S.I. 2001/3266, art. 2, Sch. (with arts. 3-20) S. 6(2) applied (2.4.1996) by S.I. 1996/752, art. 3 Sch. 4 para. 2(10): transfer of functions (5.3.2009) by Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), arts. 1(2), 4, Sch. 1(e) Sch. 5 para. 12: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 Sch. 5 para. 17(1) excluded (29.2.1996) by S.I. 1996/449, arts. 1, 21. 1985 c. 6. 1976 c.34. 1962 c. 58. 1986 c.44. 1978 c.30. 1973 c.41. 1974 c.37. 1974 c. 37. 1954 c. 21. 1954 c.21. 1962 c.58. 1973 c.41. 1980 c.21. 1973 c. 41. 1980 c.21. 1985 c.72. 1946 c.36. 1995 c.26. 1925 c.71. 1936 c.49. 1947 c.42. 1948 c.17. 1949 c.97. 1951 c.65. 1954 c.56. 1958 c.69. 1961 c.41. 1961 c.64. 1962 c.58. 1964 c.40. 1967 c.10. 1967 c.22. 1967 c.86. 1968 c.16. 1968 c.41. 1968 c.47. 1973 c.26. 1973 c. 56. 1974 c.40. 1975 c.70. 1976 c.57. 1978 c.50. 1979 c.46. 1980 c.65. 1980 c.66. 1981 c.64. 1981 c.67. 1982 c.16. 1982 c.30. 1984 c.54. 1984 c.55. 1985 c.68. 1988 c.52. 1990 c.35. 1991 c.28. 1945 c.43. 1958 c.50. 1966 c.4. 1968 c.73. 1984 c.27. 1990 c.9. 1990 c.10. 1991 c. 45. 1991 c.56. 1991 c.57. 1991 c.59. 1961 c.64. 1972 c.36. 1980 c.66. 1984 c.55. 1987 c.26. 1958 c.69. 1965 c.36. 1968 c.16. 1975 c.70. 1981 c.64. 1990 c.35. 1991 c.28. 1962 c.58. 1964 c.40. 1981 c.67. 1986 c.44. 1994 c.39 1986 c.44. 1991 c.22. 1986 c.44. 1962 c.58. 1985 c.6. 1989 c.29. 1985 c.6. 1992 c.12. 1988 c.1. 1975 c.22. S.I. 1994/3121. S.I. 1994/3283. 1985 c. 6. 1954 c.21. 1954 c.21. 1991 c.22. 1967 c.9. 1974 c.7. S.I. 1989/441. S.I. 1989/2263. S.I. 1994/3121. 1988 c. 1. S. 18(2) power fully exercised (5.2.1996): 1.3.1996 appointed day by S.I. 1996/218, art. 2. S. 18(4) power fully exercised (5.2.1996): s. 12 in force at 1.3.1996 by S.I. 1996/218, art. 3. An Act to amend Parts I and III of the Gas Act 1986; to make provision for requiring the owners of certain gas processing facilities to make them available to other persons; and for connected purposes. Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
For section 5 of the 1986 Act there shall be substituted the following section—
After Schedule 2 to that Act there shall be inserted, as Schedule 2A, the provisions of Schedule 1 to this Act (exceptions to prohibition on unlicensed activities).
Section 6 of that Act (which is superseded by this section) shall cease to have effect.
For section 6A of the 1986 Act there shall be substituted the following section—
For section 7 of the 1986 Act there shall be substituted the following section—
After section 7 of the 1986 Act there shall be inserted the following section—
Subject to subsections (3) to (6) below, no domestic supply licence shall authorise the supply of gas to any premises before the relevant date, that is to say, 1st January 1999 or, if the Secretary of State by order so provides, such earlier date (not earlier than 1st January 1998) as may be determined by or under the order.
Subsection (2) above shall not apply in relation to a domestic supply licence in so far as it relates to—
any premises to which subsection (4) below applies; or
any premises to which that subsection has ceased to apply at any time and which are situated in an area which has not, at that or any later time, ceased to be an authorised area of a particular public gas transporter.
This subsection applies to any premises at any time if, at that time, the public gas transporter in whose authorised area the premises are situated is an associate of the holder of the domestic supply licence in question.
Subsection (2) above shall not apply in relation to a domestic supply licence in so far as it relates to any premises to which gas is conveyed otherwise than by a public gas transporter.
In so far as a domestic supply licence relates to premises which are situated in any area specified in an order made by the Secretary of State, subsection (2) above shall apply in relation to the licence as if for the relevant date there were substituted such earlier date as may be determined, in relation to that area, by or under the order.
Any reference in this section to a domestic supply licence includes a reference to an extension of such a licence (within the meaning of Part I of the 1986 Act).
In this section—
separating, purifying, blending, odorising or compressing gas, for the purpose of— converting it into a form in which a purchaser is willing to accept delivery from a seller, or enabling it to be loaded for conveyance to another place (whether inside or outside Great Britain); and
“domestic supply licence” means a licence granted under subsection (1)(a) of section 7A of the 1986 Act, a licence having effect as such a licence by virtue of a direction given under subsection (4)(b) of that section, or a licence treated as so granted by virtue of a scheme made under paragraph 4 or 16 of Schedule 5 to this Act;
“public gas transporter”, and “authorised area” in relation to such a transporter, have the same meanings as in Part I of that Act.
“main commercial conditions” means— such information as would enable a potential applicant for a right to have gas processed by a gas processing facility to make a reasonable assessment of the cost of, or the method of calculating the cost of, acquiring that right; the other significant terms on which such a right would be granted; and such other information as the Authority may from time to time specify by notice;
For the purposes of this section a public gas transporter is an associate of the holder of a domestic supply licence if—
both of them are companies registered under the Companies Act 1985 and are limited by shares; and
either one company is wholly owned by the other or both companies are wholly owned by the same person.
An order under this section may—
provide for anything falling to be determined under the order to be determined by the Authority; and
make such supplementary or incidental provision as the Secretary of State considers necessary or expedient.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
After section 7A of the 1986 Act there shall be inserted the following section—
For section 8 of the 1986 Act there shall be substituted the following section—
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licences under section 7 of the 1986 Act (licensing of public gas transporters);
licences under subsection (1) of section 7A of that Act (licensing of gas suppliers and gas shippers); or
licences under subsection (2) of that section;
After section 8A of the 1986 Act there shall be inserted the following section—
After Schedule 2A to that Act there shall be inserted, as Schedule 2B, the provisions of Schedule 2 to this Act (the gas code).
Section 15 of and Schedule 5 to that Act (which are superseded by this section) shall cease to have effect.
If the Secretary of State is satisfied that any of the provisions of paragraphs 22 and 27(3) of Schedule 2B to the 1986 Act have been or will be superseded by regulations under section 18 or 18A of that Act, he may by order made by statutory instrument provide that those provisions shall cease to have effect as from such date after the coming into force of the regulations as may be specified in the order.
Schedule 3 to this Act (which contains other amendments of Part I of the 1986 Act) shall have effect.
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either in relation to all of the provisions mentioned in subsection (2) above or in relation to such of those provisions as may be specified in the order; and
either generally or in relation to gas supply services provided in such areas as may be so specified.
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In subsection (2) of section 62 of the 1986 Act (exclusion of certain agreements from Restrictive Trade Practices Act 1976), for paragraph (b) there shall be substituted the following paragraph—.
After subsection (2) of that section there shall be inserted the following subsections—
In subsection (3) of that section—
after the words “subsection (2)” there shall be inserted the words “ or (2A) ”; and
after the words “the Secretary of State” there shall be inserted the words “ , the Director or the Director General of Fair Trading ”.
“gas shipper” and “public gas transporter” have the same meanings as in Part I of this Act;
Subsection (7) of that section shall cease to have effect.
Section 63 of the 1986 Act (restrictions on use of certain information) shall cease to have effect.
In section 64 of that Act (provisions as to orders), in subsection (2), the words “20(9)” shall cease to have effect.
The owner of a gas processing facility which processes gas for a downstream purpose—
shall publish at least once in every year the main commercial conditions relating to the grant to another person of a right to have gas processed by the facility for such a purpose; and
shall publish any changes to the published conditions as soon as they become effective.
Where an application is made under subsection (1F), it shall be the duty of the Authority—
to decide whether the application is to be adjourned (so as to enable ... further negotiations to take place), considered further or rejected;
to give notice of its decision to the applicant; and
in the case of a decision that the application is to be considered further, to give to the owner of the facility, to any person who has a right to have gas processed by the facility, and to the Health and Safety Executive, notice that the application is to be so considered and an opportunity of being heard about the matter.
At least two months before publishing those conditions or any changes to them under subsection (1), the owner of the facility must—
publish a draft of the proposed conditions or changes; and
inform any person who has a right to have gas processed by the facility that the draft has been published.
Where, after further considering an application under subsection (1F), the Authority is satisfied that the giving of directions under this section would not prejudice the efficient operation of the facility, or the processing by the facility of— the Authority may give such directions to the owner of the facility.
the quantities of gas which the owner of the facility or any associate of the owner requires or may reasonably be expected to require to be processed by the facility for the purposes of any business carried on by him; and
the quantities of gas which any person who is not such an associate and has a right to have gas processed by the facility is entitled to require to be so processed in the exercise of that right,
The owner of the facility must take into account any representations received about the proposed conditions or changes before publishing them, or a modified version of them, as final conditions or changes under subsection (1).
Directions under this section may—
specify the terms on which the Authority considers the owner of the facility should enter into an agreement with the applicant for all or any of the following purposes—
for securing to the applicant the right to have processed by the facility, during the period specified in the directions and in the quantities so specified, gas which is of a kind so specified;
for securing that the exercise of that right is not prevented or impeded;
for regulating the charges which may be made for the processing of gas by virtue of that right;
for securing to the applicant such ancillary or incidental rights as the Authority considers necessary or expedient, which may include the right to have a pipe-line of his connected to the facility by the owner;
specify the sums or the method of determining the sums which the Authority considers should be paid by way of consideration for any such right; and
require 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.
In subsection (1) “year” means any year ending with 9th August.
Sections 28 to 30F of the 1986 Act (enforcement of relevant requirements etc) apply in relation to the owner of a gas processing facility as if—
references to “a licence holder” were references to the owner of the facility; and
references to a “relevant requirement” were references to a requirement imposed on the owner under this section.
Any person who seeks a right to have gas processed for a downstream purpose by a gas processing facility (“the applicant”) shall, before making an application to the Authority under subsection (1F), apply to the owner of the facility for the right.
In this section—
“gas” means any substance which is or (if it were in a gaseous state) would be gas within the meaning of Part I of the 1986 Act;
“gas processing facility” means any facility which carries out gas processing operations;
Section 3(2).
Section 9(2).
Section 10(1).
After section 8 of the 1986 Act there shall be inserted the following section—
In subsection (1) of section 8A of the 1986 Act (modification or removal of the 25,000 therm limits), for the words “section 4(2)(d) or 8(5)(b) above or section 10(5) or 14(3) or (4)(b) below” there shall be substituted the words “ 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 ”. Subsections (3) and (4) of that section shall cease to have effect.
For section 9 of the 1986 Act there shall be substituted the following section—
For section 10 of the 1986 Act there shall be substituted the following section—
For section 11 of the 1986 Act there shall be substituted the following section—
For section 12 of the 1986 Act there shall be substituted the following section—
For section 13 of the 1986 Act there shall be substituted the following section—
Section 14 of the 1986 Act (fixing of tariffs) shall cease to have effect.
Section 14A of the 1986 Act (which is superseded by paragraph 26 below) shall cease to have effect.
In subsection (2) of section 15A of the 1986 Act (billing disputes), for the words “public gas supplier and a tariff customer” there shall be substituted the words “ gas supplier and a domestic customer ”. In subsection (8) of that section— After subsection (9) of that section there shall be inserted the following subsection—
Section 15B of the 1986 Act (which is superseded by paragraph 36 below) shall cease to have effect.
For section 16 of the 1986 Act there shall be substituted the following section—
For section 17 of the 1986 Act there shall be substituted the following section—
In subsection (2) of section 18 of the 1986 Act (safety regulations)— In subsection (4) of that section— In subsection (8) of that section, for paragraphs (a) and (b) there shall be substituted the words “ any reference to a gas operator were a reference to the relevant authority ”. For subsection (9) of that section there shall be substituted the following subsections—
After section 18 of the 1986 Act there shall be inserted the following section—
For section 19 of the 1986 Act there shall be substituted the following section—
Section 20 of the 1986 Act (construction of pipe-lines) shall cease to have effect.
For subsection (1) of section 21 of the 1986 Act (increase of capacity etc. of pipe-lines) there shall be substituted the following subsection— In subsection (2) of that section— In subsection (3) of that section, for the word “pipe-line”, in each place where it occurs, there shall be substituted the words “ pipe-line system ”. After subsection (3) of that section there shall be inserted the following subsection— After subsection (4) of that section there shall be inserted the following subsection—
In subsection (1) of section 22 of the 1986 Act (effect of directions), for the words “19, 20(4) or 21(1)” there shall be substituted the words “ 19 or 21(1) ”.
After section 22 of the 1986 Act there shall be inserted the following section—
For section 23 of the 1986 Act there shall be substituted the following section—
For subsection (1) of section 24 of the 1986 Act (modification references to Monopolies Commission) there shall be substituted the following subsections— In subsection (3) of that section, for the words “conditions of the authorisation” there shall be substituted the words “ relevant conditions ”. In subsection (4) of that section, for the words “the public gas supplier” there shall be substituted the words “ the holder of the licence or, as the case may be, the relevant licence holders ”. After subsection (4) of that section there shall be inserted the following subsection— In subsection (6) of that section, for the words “section 4” there shall be substituted the words “ sections 4 and 4A(1) and (2) ”. After subsection (7) of that section there shall be inserted the following subsection—
In subsection (1)(c) of section 25 of the 1986 Act (reports on modification references), for the words “the conditions of the authorisation” there shall be substituted the words “ the relevant conditions ”. In subsection (2) of that section, for the words “public gas supplier” there shall be substituted the words “ holder of the licence or, as the case may be, any of the relevant licence holders ”. In paragraph (a) of subsection (5) of that section, for the words “such a report, send a copy of it to the public gas supplier” there shall be substituted the words “ a report on a reference under section 24(1) above, send a copy of it to the licence holder ”. After that subsection there shall be inserted the following subsection— In subsection (6) of that section—
In subsection (1) of section 26 of the 1986 Act (modification following report), for the words “the conditions of the authorisation”, in both places where they occur, there shall be substituted the words “ the relevant conditions ”. After that subsection there shall be inserted the following subsection— In subsection (4) of that section, for the words “public gas supplier” there shall be substituted the words “ holder of the licence or, as the case may be, the relevant licence holders, to the Health and Safety Executive ”. After that subsection there shall be inserted the following subsection—
For section 27 of the 1986 Act there shall be substituted the following section—
After section 27 of the 1986 Act there shall be inserted the following section—
In subsections (1), (2) and (4) of section 28 of the 1986 Act (orders for securing compliance with certain provisions), for the words “public gas supplier” there shall be substituted the words “ licence holder ”. In subsection (5) of that section— In subsections (6) and (7) of that section, for the words “public gas supplier” there shall be substituted the words “ licence holder ”. After subsection (7) of that section there shall be inserted the following subsection— In subsection (8) of that section— After that subsection there shall be inserted the following subsection—
In subsections (2) to (4), (6) and (7) of section 29 of the 1986 Act (procedural requirements), for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ licence holder ”.
In subsection (1) of section 30 of the 1986 Act (validity and effect of orders), for the words “public gas supplier” there shall be substituted the words “ licence holder ”. For subsection (2) of that section there shall be substituted the following subsection—
In subsections (1) and (2) of section 31 of the 1986 Act (duty of Director to investigate certain matters), for the words “an enforcement matter” there shall be substituted the words “ a reserved matter ”. For subsection (3) of that section there shall be substituted the following subsections—
For subsection (2) of section 32 of the 1986 Act (duty of Council to investigate certain matters) there shall be substituted the following subsection— In subsections (3) and (5) of that section, the words “paragraph (a) of” shall cease to have effect. In subsection (4) of that section, the word “already” shall cease to have effect. Subsections (6) and (7) of that section shall cease to have effect.
In subsection (1) of section 32A of the 1986 Act (preliminary investigation by Council of certain disputes), for the words “section 14A” there shall be substituted the words “ section 27A ”.
In subsection (2) of section 33 of the 1986 Act (power of Council to investigate other matters), for the words “public gas suppliers” there shall be substituted the words “ gas suppliers ”. In subsection (3) of that section, the words “but nothing in this subsection shall require the Council to send any such copy to the Director” shall cease to have effect. After that subsection there shall be inserted the following subsection—
In subsection (1) of section 33A of the 1986 Act (standards of performance in individual cases), for the words “public gas suppliers to tariff customers” there shall be substituted the words “ gas suppliers to domestic customers ”. In subsection (2) of that section, for the words “the public gas suppliers” there shall be substituted the words “ gas suppliers ”. In subsection (3) of that section— In subsection (4) of that section— Subsections (10) and (11) of that section shall cease to have effect.
In subsection (1) of section 33B of the 1986 Act (overall standards of performance), for the words “public gas suppliers” there shall be substituted the words “ gas suppliers ”. In subsection (2) of that section, for the words “the public gas suppliers” there shall be substituted the words “ gas suppliers ”. For subsection (3) of that section there shall be substituted the following subsections— In subsection (4) of that section, for the words “public gas supplier” there shall be substituted the words “ gas supplier ”.
After section 33B of the 1986 Act there shall be inserted the following section—
In subsection (1) of section 33C of the 1986 Act (information with respect to levels of performance), for the words “public gas suppliers”, in each place where they occur, there shall be substituted the words “ gas suppliers ”. In subsection (2) of that section— In subsection (3) of that section, for the words “public gas supplier” there shall be substituted the words “ gas supplier ”. In subsection (4) of that section, for the words “public gas suppliers” there shall be substituted the words “ gas suppliers ”.
In subsection (1) of section 33D of the 1986 Act (information to be given to customers about overall performance), for the words “public gas supplier” there shall be substituted the words “ gas supplier ”. After subsection (2) of that section there shall be inserted the following subsection—
In subsection (1) of section 33E of the 1986 Act (procedures for dealing with complaints)— In subsections (2), (3), (4) and (6) of that section, for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ gas supplier ”.
In subsection (1) of section 34 of the 1986 Act (general functions of Director), for the words “activities connected with the supply of gas through pipes” there shall be substituted the following paragraphs— In subsection (2) of that section, for the words “the supply of gas through pipes, and the persons providing such supplies” there shall be substituted the following paragraphs—. In subsection (4) of that section, after the words “function of the Director” there shall be inserted the words “ or the Secretary of State. ” After that subsection there shall be inserted the following subsection—
In subsection (1) of section 35 of the 1986 Act (publication of information and advice), for the words “tariff customers and potential tariff customers of public gas suppliers” there shall be substituted the words “ customers and potential customers of gas suppliers ”.
In subsection (1) of section 36 of the 1986 Act (keeping of register)— In subsection (2) of that section—
After section 36 of the 1986 Act there shall be inserted the following section—
After section 36A of the 1986 Act there shall be inserted the following section—
For section 37 of the 1986 Act there shall be substituted the following section—
In subsection (1) of section 38 of the 1986 Act (power to require information etc.)— After that subsection there shall be inserted the following subsections— In subsections (2) and (4) of that section, after the words “subsection (1)” there shall be inserted the words “ or (1A) ”.
After section 38 of the 1986 Act there shall be inserted the following section—
After subsection (2) of section 39 of the 1986 Act (annual and other reports) there shall be inserted the following subsection—
In section 40 of the 1986 Act (general duty of Council to advise Director), the words “which relates to tariff customers and” shall cease to have effect.
After subsection (1) of section 42 of the 1986 Act (general restrictions on disclosure of information) there shall be inserted the following subsections— After subsection (3) of that section there shall be inserted the following subsection—
After subsection (1) of section 43 of the 1986 Act (making of false statements etc.) there shall be inserted the following subsection—
In subsection (1) of section 46 of the 1986 Act (service of notices etc.), the words “Subject to subsection (2) below” shall cease to have effect. For subsections (2) and (3) of that section there shall be substituted the following subsections—
In subsection (3) of section 47 of the 1986 Act (provisions as to regulations)— In subsection (5) of that section, after the words “the Secretary of State” there shall be inserted the words “ , the Director ”. For subsection (7) of that section there shall be substituted the following subsection—
In subsection (1) of section 48 of the 1986 Act (interpretation of Part I and savings)— After subsection (1) of that section there shall be inserted the following subsection— In subsection (2) of that section, for paragraphs (a) and (b) there shall be substituted the words “ to the supply of gas (directly or indirectly) to a public gas transporter, gas supplier or gas shipper ”. For subsection (3) of that section there shall be substituted the following subsections—
In paragraph 10 of Schedule 1 to the 1986 Act (the Director General of Gas Supply), after the words “the Director”, in the first place where they occur, there shall be inserted the words “ (other than the making of a statutory instrument) ”.
In Schedule 3 to the 1986 Act (acquisition of land by public gas suppliers)—
for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ public gas transporter ”;
for the words “public gas supplier’s”, in each place where they occur, there shall be substituted the words “ public gas transporter’s ”; and
for the words “the supplier”, in each place where they occur, there shall be substituted the words “ the transporter ”.
In Schedule 4 to the 1986 Act (power of public gas suppliers to break up streets, bridges etc.)— In sub-paragraph (1) of paragraph 1 of that Schedule, for the words from “placing in” to the end there shall be substituted the following paragraphs— After sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraphs— In paragraph 3(2) of that Schedule, for the words “giving a supply of” there shall be substituted the word “ conveying ”.
Section 16(1).
In this Schedule “public gas transporter” has the same meaning as in Part I of the 1986 Act.
A public gas transporter shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely— References to public gas suppliers in the following enactments shall have effect as references to a public gas transporter, namely— The reference in Schedule 4 to the Public Health Act 1961 to gas undertakers shall have effect as a reference to a public gas transporter. References in the Landlord and Tenant Act 1927 to a statutory company shall be deemed to include references to a public gas transporter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to public utility undertakers in the Highways Act 1980 shall be deemed to include references to a public gas transporter. Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) shall apply to a public gas transporter for the purposes of any works carried out by him. The reference in section 82(4) of the Building Act 1984 (provisions with respect to demolition orders) to a person authorised by an enactment to carry on an undertaking for the supply of gas shall be construed as a reference to a public gas transporter. References to public undertakers in section 125(7) of, and paragraphs 9 and 10 of Schedule 8 to, the Housing (Scotland) Act 1987 shall be deemed to include references to a public gas transporter. In the following enactments, namely— In the following enactments, namely—
In section 229 of the Public Health Act 1936 (power of statutory undertakers to supply water, gas or electricity to baths etc. on favourable terms), the word “gas”, in both places where it occurs, shall cease to have effect.
In relation to gas, subsection (5)(b) of section 9 of the Statistics of Trade Act 1947 (restriction on disclosure of information obtained under that Act) shall have effect as if the references to the total quantity or value of any articles produced, sold or delivered included a reference to each of the following, that is to say— If different areas of Great Britain are specified for any purposes of this paragraph by order made by the Secretary of State, this paragraph shall have effect for those purposes as if any reference to Great Britain included a reference to each of those areas. An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. In this paragraph— For the purposes of this paragraph—
In subsection (2) of section 1 of the Rights of Entry (Gas and Electricity Boards) Act 1954 (restriction on exercise of rights of entry), for the words “public gas supplier” there shall be substituted the words “ gas operator ”. In subsection (1) of section 2 of that Act— In paragraph (a) of subsection (3) of that section, for the words “public gas supplier” there shall be substituted the words “ gas operator ”. In section 3 of that Act—
In section 58(1) of the Pipe-lines Act 1962 (exclusion of application of Act to pipe-lines of certain statutory bodies), for paragraph (a) there shall be substituted the following paragraph— After that section there shall be inserted the following sections—
In Part II of the Gas Act 1965 for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ public gas transporter ”. In subsection (2) of section 32 of that Act, for the words “public gas supplier” there shall be substituted the words “public gas transporter” . In paragraph 14(1) of Schedule 2 to that Act, for the words “public gas suppliers” there shall be substituted the words “ public gas transporters ”.
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Part I of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) shall have effect as if section 58A of the Pipe-lines Act 1962 and section 22A(1)(c) of and paragraphs 17, 20 and 21 of Schedule 2B to the 1986 Act— Without prejudice to the generality of subsection (1) of section 15 of the 1974 Act (health and safety regulations), regulations under that section may repeal or modify any of the provisions mentioned in sub-paragraph (1) above. Nothing in sub-paragraph (1) above shall affect the operation of section 18 of the 1974 Act (enforcement of relevant statutory provisions) in relation to any time before such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (2) of section 12 of that Act (disposal of gas by flaring, etc), for the words “except gas supplied by a public gas supplier” there shall be substituted the words “ except gas conveyed through pipes to premises by a public gas transporter ”.
In paragraph (c) of the proviso to section 36 of Schedule 4 to the Water (Scotland) Act 1980 (provisions to be incorporated in orders relating to water undertakings), for the words—
“gas undertakers” there shall be substituted the words “ public gas transporter (within the meaning of Part I of the Gas Act 1986) ”; and
“those undertakers” there shall be substituted the words “ such public gas transporter ”.
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For paragraph (a) of subsection (3) of section 233 of the Insolvency Act 1986 (supplies of gas, water, electricity etc.) there shall be substituted the following paragraph—. Paragraph (a) of subsection (5) of that section shall cease to have effect. For paragraph (a) of subsection (4) of section 372 of that Act (supplies of gas, water, electricity etc.) there shall be substituted the following paragraph—. Paragraph (a) of subsection (5) of that section shall cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph (c) of subsection (7) of section 11 of that Act (safety regulations), for the words “section 6, 7 or 8” to the end there shall be substituted the following words “ section 7A of the Gas Act 1986 (licensing of gas suppliers and gas shippers) or paragraph 5 of Schedule 2A to that Act (supply to very large customers an exception to prohibition on unlicensed activities). ”
In paragraph 8 of Schedule 5 to the Road Traffic (Driver Licensing and Information Systems) Act 1989 (driver information systems: undertakers’ works)—
in the definition of “relevant undertaker”, for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”; and
in the definition of “undertaker’s works”, for the words “supplying gas as a public gas supplier” there shall be substituted the words “ conveying gas as a public gas transporter ”.
In paragraph 3 of Schedule 4 to the Electricity Act 1989 (other powers etc. of licence holders)— In sub-paragraph (1)(a) of paragraph 4 of that Schedule, for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”. In paragraph 12 of that Schedule, for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”.
In section 252 of the Town and Country Planning Act 1990 (procedure for making orders)— In subsection (3) of section 262 of that Act (meaning of “statutory undertakers”), for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”. In subsection (2) of section 265 of that Act (meaning of “the appropriate Minister”), for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”. In subsection (1) of section 336 of that Act (interpretation), for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”.
In section 9(5) of the Enterprise and New Towns (Scotland) Act 1990 (powers of entry: meanings of certain expressions), for the words “Schedule 7 to the Gas Act 1986” there shall be substituted the words “ Schedule 4 to the Gas Act 1995 ”.
In section 7 of the Natural Heritage (Scotland) Act 1991 (powers of entry)—
in subsection (5), the words from “(within” to the end shall cease to have effect; and
after subsection (5) there shall be inserted—.
In Part 3 of the Schedule to the Central Rating Lists Regulations 1994, for the words “public gas supplier”, in both places where they occur, there shall be substituted the words “ public gas transporter ”.
Section 17(1).
The provisions of this Part of this Schedule have effect as respects each person who is a public gas supplier immediately before the appointed day (in this Part of this Schedule referred to as “the public gas supplier”) for the purpose of securing that his authorisation under section 7 of the 1986 Act has effect on and after that day as if it were— The persons referred to in sub-paragraph (1) above are— For the purposes of this paragraph a company is an associate of the public gas supplier if—
Before such date as the Secretary of State may direct, the public gas supplier shall— Such a scheme may— Without prejudice to the generality of sub-paragraph (2)(d) above, such a scheme may, in relation to transfers or transactions effected in pursuance of the scheme, make provision, either generally or for specified purposes— An obligation imposed by a provision included in such a scheme by virtue of sub-paragraph (2)(c) above shall be enforceable by civil proceedings by the other person for an injunction or for interdict or for any other appropriate relief or remedy. A transaction of any description which is effected in pursuance of such a provision as is mentioned in sub-paragraph (4) above— Where a lease of any land is granted in pursuance of such a provision as is mentioned in sub-paragraph (4) above, any right of pre-emption or other like right affecting that land—
If the public gas supplier fails, before the date specified in the Secretary of State’s direction under paragraph 2 above, to make a nomination for the purposes of sub-paragraph (2) of paragraph 1 above, the Secretary of State may himself make a nomination for the purposes of that sub-paragraph. A scheme under paragraph 2 above shall not take effect unless it is approved by the Secretary of State; and the Secretary of State may if he thinks fit, before approving such a scheme, make such modifications of the scheme as he considers appropriate for the purpose of securing that the scheme makes such provision, and only such provision, as he considers requisite or expedient for the purposes of this Part of this Schedule. If, in relation to such a scheme— the Secretary of State may himself make the scheme.
As soon as practicable after the date specified in the Secretary of State’s direction under paragraph 2 above and in any event before the appointed day, the Secretary of State shall make a scheme providing for the public gas supplier’s authorisation under section 7 of the 1986 Act to have effect as mentioned in paragraph 1(1) above. In making a scheme under this paragraph, the Secretary of State shall have regard to the provisions of the scheme made under paragraph 2 above. Subject to sub-paragraph (4) below, a scheme under this paragraph shall provide that each condition which by virtue of section 8(2) of this Act is a standard condition for the purposes of— shall be incorporated in the licence treated as granted under that section or, as the case may be, the licence treated as granted under that subsection. Such a scheme may provide that each licence which is treated as so granted (including the terms and conditions which are derived from the authorisation and the standard conditions which are incorporated by virtue of sub-paragraph (3) above) shall have effect with— and such a scheme may also make such transitional provision as appears to the Secretary of State to be necessary or expedient. As soon as practicable after making a scheme under this paragraph, the Secretary of State shall publish the text of each licence which by virtue of the scheme is treated as granted under section 7 or 7A(1) or (2) of the 1986 Act; and any text so published shall be treated as authoritative unless the contrary is shown.
It shall be the duty of the public gas supplier to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by paragraph 3 or paragraph 4(1) to (4) above. The Secretary of State shall not exercise any function conferred on him by paragraph 3 or paragraph 4(1) to (4) above except after consultation with the public gas supplier.
Subject to the provisions of paragraph 7 below, on the appointed day all property, rights and liabilities— shall become by virtue of this paragraph property, rights and liabilities of that associate. On the appointed day the public gas supplier’s authorisation under section 7 of the 1986 Act shall have effect as provided for by the scheme under paragraph 4 above.
The provisions of Schedule 10 to the Electricity Act 1989 (supplementary provisions as to transfers under sections 66 and 67 of that Act) shall apply— to any transfer which is effected by paragraph 6 above; and that paragraph shall have effect subject to those provisions as so modified. The provisions of that Schedule shall apply as if— For the purposes of sub-paragraphs (1) and (2)(b), (d) and (e) above, any property, rights or liabilities retained by the public gas supplier in pursuance of the scheme under paragraph 2 above shall be deemed to be transferred to the supplier by paragraph 6 above in pursuance of the scheme.
Any shares issued to the public gas supplier by the transferee in pursuance of the scheme under paragraph 2 above—
shall be of such nominal value as may be specified in or determined under the scheme;
shall be issued or allotted on such terms as may be so specified or determined; and
shall be issued as fully paid and treated for the purposes of the Companies Act 1985 as if they had been paid up by virtue of the payment to the transferee in cash of their nominal value and, if the scheme so provides, such premium as may be so specified or determined.
This paragraph has effect for the purposes of any statutory accounts of the transferee, that is to say, any accounts prepared by the transferee for the purpose of any provision of the Companies Act 1985 (including group accounts). Subject to sub-paragraph (3) below, the value or amount to be assigned to any asset or liability which is vested in the transferee by virtue of paragraph 6 above shall be— The amount to be included in respect of any item shall be determined as if so much of anything done by the public gas supplier (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) as may be determined by or under the scheme under paragraph 2 above had been done by the transferee. Without prejudice to the generality of the preceding provisions of this paragraph, the amount to be included from time to time in any reserves of the transferee as representing the transferee’s accumulated realised profits shall be determined as if such proportion of any profits realised and retained by the public gas supplier as is determined by or under the scheme under paragraph 2 above had been realised and retained by the transferee. In this paragraph, in relation to the public gas supplier—
Any shares issued to the public gas supplier by the transferee in pursuance of the scheme under paragraph 2 above shall be treated for the purposes of the Corporation Tax Acts as if they had been issued wholly in consideration of a subscription paid to the transferee (and attributable equally between those shares) of an amount equal to the difference between— The value required to be determined for the purposes of sub-paragraph (1)(a) above is market value, as defined in section 272 of the Taxation of Chargeable Gains Act 1992. Any debenture issued to the public gas supplier by the transferee in pursuance of the scheme under paragraph 2 above shall be treated for the purposes of the Corporation Tax Acts as if it had been issued— For the purposes of Chapter II of Part VI of the Income and Corporation Taxes Act 1988 (definition of distributions), where in the case of any transfer under paragraph 6 above any consideration given or treated as given in respect of a security relating to— would fall (apart from this sub-paragraph) to be regarded for those purposes as new consideration received by the public gas supplier, that consideration shall be treated instead, to the extent that it relates to so much of the liability as falls in consequence of the transfer to be discharged by the transferee, as if it were new consideration received by the transferee.
Where any transfer is effected by paragraph 6 above, the transferee shall be treated— as if it were the same person in law as the public gas supplier.
for the purposes of section 10(1)(a) of the Oil Taxation Act 1975;. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This paragraph applies where any transfer effected by paragraph 6 above is a transfer of a hereditament which, immediately before the appointed day, falls within the description set out in Part 3 of the Schedule to the Central Rating Lists Regulations 1994. The Secretary of State may by order make such modifications of that Part of that Schedule, and of the British Gas plc (Rateable Values) Order 1994, as may appear to him necessary or expedient as a consequence of the transfer. An order under this paragraph which is made after the appointed day may have effect as from that day or any later day. Where, by virtue of sub-paragraph (3) above, an order under this paragraph has effect from a day earlier than that on which it is made, any necessary alteration shall be made with effect from that earlier day to any central rating list in which the hereditament is shown. An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
which has been given by the Secretary of State for the purposes of section 5(3) of the 1986 Act (approval of contract for supply of propane or butane); and
which is in force immediately before the appointed day,
This paragraph applies where any notification given, or having effect as if given, to the Secretary of State under section 6(1) of the 1986 Act (exceptions to section 5) by any person (“the gas supplier”) is in force immediately before the appointed day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Before the appointed day, such one or more of the following as may be requisite to meet the particular circumstances of the case, namely— shall be granted to the gas supplier, to come into force on that day, by the Secretary of State or, as the case may be, by the Authority.
This paragraph applies where— Subject to the following provisions of this paragraph, the application shall have effect on and after the appointed day as if it were an application to the Authority (in such terms as may be specified by the applicant for the purposes of this sub-paragraph) for— The persons referred to in sub-paragraph (2) above are— Sections 7, 7A and 7B of the 1986 Act shall apply in relation to the application, and any licence granted or proposed to be granted on the application, as if subsections (5) and (6) of section 7, and subsections (1) and (2) of section 7B, were omitted. No licence shall be granted on the application except with the consent of the Secretary of State; and before giving his consent the Secretary of State shall consult— For the purposes of this paragraph a company is an associate of the applicant if— Any reference in this paragraph to a licence of any description includes a reference to an extension of such a licence.
The provisions of this paragraph have effect as respects each person who holds, or is treated as holding, an authorisation under section 8 of the 1986 Act (authorisation of persons other than public gas suppliers) which is in force immediately before the appointed day (a “gas supplier”) for the purpose of securing that the authorisation has effect on and after that day as if it were such one or more of the following as may be requisite to meet the particular circumstances of the case, namely— As soon as practicable after the passing of this Act, and in any event before the appointed day, the Secretary of State shall make a scheme providing for each gas supplier’s authorisation under section 8 of the 1986 Act to have effect as mentioned in sub-paragraph (1) above. Subject to sub-paragraphs (4) and (5) below, a scheme under this paragraph shall provide that each condition which by virtue of section 8(2) of this Act is a standard condition for the purposes of— shall be incorporated in any licence treated as granted under that subsection. Sub-paragraph (3) above shall not apply in relation to a licence treated as granted under section 7A(1) of the 1986 Act which authorises only the supply to premises of gas which has been conveyed to the premises otherwise than by a public gas transporter. A scheme under this paragraph may provide that any licence which is treated as granted under section 7A(1) or (2) of the 1986 Act and any exemption which is treated as granted under section 6A of that Act (including the terms and conditions which are derived from the authorisation and, in the case of a licence, the standard conditions which are incorporated by virtue of sub-paragraph (3) above) shall have effect with— and such a scheme may also make such transitional provision as appears to the Secretary of State to be necessary or expedient. A scheme under this paragraph may make different provisions for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme. As soon as practicable after making a scheme under this paragraph, the Secretary of State shall publish, as respects each different case or class of case— and any text so published shall be treated as authoritative unless the contrary is shown. It shall be the duty of each gas supplier to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by sub-paragraphs (1) to (6) above. The Secretary of State shall not exercise any function conferred on him by sub-paragraphs (1) to (6) above except after consultation with such gas suppliers as he considers appropriate. On the appointed day each gas supplier’s authorisation under section 8 of the 1986 Act shall have effect as provided for by the scheme under this paragraph.
Subject to sub-paragraph (2) below, any authorisation granted under section 8 of the 1986 Act to persons of a class which is in force immediately before the appointed day shall have effect on and after that day as if it— If, in the case of any such authorisation as is mentioned in sub-paragraph (1) above, the Secretary of State is satisfied that exemption from such one or more of paragraphs (a), (b) and (c) of section 5(1) of the 1986 Act as may be requisite to meet the particular circumstances of the case will be granted under section 6A of that Act as from the appointed day, he may by order direct that that sub-paragraph shall not apply in relation to the authorisation. An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any arrangement— shall be treated for the purposes of section 5(1)(c) of the 1986 Act as if it had been made on that day with the supplier’s transport successor. In this Part of this Schedule “transport successor”, in relation to a public gas supplier, means the person who becomes a public gas transporter by virtue of the scheme made by or in relation to that supplier under Part I of this Schedule.
This paragraph applies where immediately before the appointed day a public gas supplier (“the public gas supplier”) is supplying tariff customers with gas. The supplier’s supply successor shall be deemed to have contracted with those customers for the supply of gas as from that day. The express terms and conditions of a contract which, by virtue of sub-paragraph (2) above, is deemed to have been made shall be provided for by the scheme made under this paragraph. Before such date as the Secretary of State may direct, the public gas supplier shall make a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (2) above, are to be deemed to have been made. A scheme under this paragraph may— A scheme under this paragraph shall not take effect unless it is approved by the Secretary of State; and the Secretary of State may modify such a scheme before approving it. If, in relation to such a scheme— the Secretary of State may himself make the scheme. It shall be the duty of the public gas supplier to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by sub-paragraph (6) or (7) above. The Secretary of State shall not exercise any function conferred on him by sub-paragraph (6) or (7) above except after consultation with the public gas supplier. A scheme made under this paragraph shall be published in the London and Edinburgh Gazettes before the appointed day and shall come into operation on that day; and conclusive evidence of a scheme so made may be given in all courts of justice and in all legal proceedings whatever by the production of a copy of either of those Gazettes purporting to contain it. In this Part of this Schedule “supply successor”, in relation to a public gas supplier, means the person who becomes a gas supplier by virtue of a scheme made by or in relation to that public gas supplier under Part I of this Schedule.
Sub-paragraph (2) below applies where— The requirement shall have effect on and after the appointed day as if it were— Sub-paragraph (4) below applies to any regulations— Regulations to which this sub-paragraph applies shall have effect on and after the appointed day as if— Expressions used in this paragraph have the same meanings as in section 10.
Any determination or direction— shall have effect on and after that day as if it had been made as respects, or given to, the supply successor of that supplier under section 33BB of that Act.
which has been made as respects a public gas supplier, or given to such a supplier, under section 15B of the 1986 Act (promotion of the efficient use of gas); and
which is in force immediately before the appointed day,
Any regulations— shall have effect on and after that day as if they had been made by the Authority and as if any reference in them to the Secretary of State were a reference to the Authority. Any approval, consent or authorisation— shall have effect on and after that day as if it had been given by the Authority.
Notwithstanding the repeal by this Act of section 63 of the 1986 Act (restrictions on use of certain information), any direction given by the Secretary of State to the holder of an authorisation under section 7 of that Act shall continue to have effect so far as it relates to any relevant negotiations (within the meaning of the said section 63) which took place before the appointed day.
Where— paragraph 7(1) of Schedule 2B to the 1986 Act shall have effect as if the demand had been made by the supplier’s supply successor on the day on which it was made by the supplier. Where— paragraph 7(3) of Schedule 2B to the 1986 Act shall have effect as if the notice had been given by the supplier’s supply successor on the day on which it was given by the supplier.
Any notice— shall have effect on and after that day as if it had been given on that day under sub-paragraph (1) or, as the case may be, sub-paragraph (2) of paragraph 17 of Schedule 2B to that Act by the supplier’s transport successor.
which has been given by a public gas supplier under sub-paragraph (1) or (2) of paragraph 8 (use of antifluctuators and valves) of Schedule 5 to the 1986 Act; and
which is in force immediately before the appointed day,
Where— each of paragraphs 11 and 25 of Schedule 2B to that Act shall have effect as if those premises had been disconnected on that day by the supplier’s transport successor otherwise than in the exercise of such a power as is mentioned in sub-paragraph (1) of that paragraph. Where— each of paragraphs 11 and 25 of Schedule 2B to that Act shall have effect as if a supply of gas to those premises had been cut off on that day by the supplier’s supply successor otherwise than in the exercise of such a power as is mentioned in sub-paragraph (1) of that paragraph.
Any notice— shall have effect on and after that day as if it had been given on that day under sub-paragraph (1) of paragraph 12 of Schedule 2B to that Act to the supplier’s transport successor.
which has been given to a public gas supplier under sub-paragraph (1) of paragraph 12 (failure to notify connection or disconnection of service pipe) of Schedule 5 to the 1986 Act; and
which is in force immediately before the appointed day,
Any warrant— shall have effect on and after that day as if it had been granted for the purpose of enabling an employee of the supplier’s supply successor who is authorised by him for the purpose to enter those premises, in accordance with paragraph 23(1)(b) of Schedule 2B to the 1986 Act, in order to ascertain the quantity of gas supplied to the premises. Sub-paragraph (3) below applies to any warrant— Any warrant to which this sub-paragraph applies shall have effect on and after the appointed day as if it had been granted as two separate warrants— In this paragraph “employee” has the same meaning as in the Rights of Entry (Gas and Electricity Boards) Act 1954.
Any notice— shall have effect on and after that day as if it had been given by the public gas supplier’s transport successor.
which has been given by a public gas supplier in England and Wales under section 54, 55 or 57 of the New Roads and Street Works Act 1991, or in Scotland under section 113, 114 or 116 of that Act; and
which is in force immediately before the appointed day,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nothing in this Act shall affect the operation of the following, namely—
sections 19 and 33 of and Schedules 3 and 6 to the General Rate Act 1967 and Schedule 3 to the Local Government Act 1974, so far as those provisions of those Acts continue to have effect in relation to periods ending before 1st April 1990;
the Valuation for Rating (Plant and Machinery) Regulations 1989, so far as those Regulations continue to have effect for the purpose of determining the rateable values of hereditaments for days falling before 1st April 1995;
the Central Rating Lists Regulations 1989, so far as those Regulations continue to have effect in relation to periods ending before 1st April 1995; and
the Central Rating Lists Regulations 1994, so far as those Regulations have effect in relation to periods ending before the appointed day.
Section 17(5). Chapter Short title Extent of repeal 26 Geo. 5 & 1 Edw. 8 c. 49. Public Health Act 1936. In section 229, the word “gas”, in both places where it occurs. 1973 c. 41. Fair Trading Act 1973. In Schedule 5, paragraph 1. 1986 c. 44. Gas Act 1986. Section 6. In section 8A, subsections (3) and (4). Sections 14, 14A and 15. Section 15B. Section 20. In section 32, in subsections (3) and (5), the words “paragraph (a) of”, in subsection (4), the word “already”, and sub-sections (6) and (7). In section 33(3), the words “but nothing in this subsection shall require the Council to send any such copy to the Director”. In section 33A, subsections (10) and (11). In section 38(1), the words from “but no person” to the end. In section 40, the words “which relates to tariff customers and”. In section 46(1), the words “Subject to subsection (2) below”. In section 48(1), the definitions of “regula-tions” and “tariff customer”. Section 62(7). Section 63. In section 64(2), the words “20(9)”. Schedule 5. In Schedule 7, paragraphs 2, 4, 5, 6(2) and (26)(h), 15(4), 17, 20, 26(1) and 31. 1986 c. 45. Insolvency Act 1986. Section 233(5)(a). Section 372(5)(a). 1991 c. 22. New Roads and Street Works Act 1991. In Schedule 8, paragraph 120. 1991 c. 28. Natural Heritage (Scotland) Act 1991. In section 7(5), the words from “(within” to the end. 1992 c. 15. Offshore Safety Act 1992. In section 2(3)(b), the words “so far as relating to standards affecting safety” and the words “so far as so relating”. 1992 c. 43. Competition and Service (Utilities) Act 1992. Sections 15 and 16. Section 19. Section 38. Section 53(1). In Schedule 1, paragraphs 5, 6 and 9(3). 1993 c. 1. Gas (Exempt Supplies) Act 1993. Sections 1 and 2. 1994 c. 19. Local Government (Wales) Act 1994. In Schedule 16, paragraph 78. 1994 c. 39. Local Government etc. (Scotland) Act 1994. In Schedule 13, paragraph 149. 1994 c. 40. Deregulation and Contracting Out Act 1994. In Schedule 16, paragraphs 11 to 13.
“gas interconnector” has the same meaning as in Part 1 of the 1986 Act;
purifying, blending, odorising or compressing gas for the purpose of enabling it to be introduced into a pipe-line system operated by a public gas transporter or to be conveyed to an electricity generating station, a gas storage facility or any place outside Great Britain;
“gas processing facility” means any facility which — carries out gas processing operations; is operated otherwise than by a gas transporter; and is not an LNG import or export facility;
loading gas— at a facility which carries out operations of a kind mentioned in paragraph (d), or piped from such a facility, and for the purpose of enabling the gas to be conveyed to another place (whether inside or outside Great Britain);
“owner”, in relation to a gas processing facility, includes a lessee and any person occupying or having control of the facility;
purifying, blending, odorising or compressing gas for the purpose of enabling it to be introduced into a pipe-line system operated by a public gas transporter or to be conveyed to an electricity generating station, a gas storage facility or any place outside Great Britain;
removing from gas for that purpose any of its constituent gases, or separating from gas for that purpose any oil or water; ...
determining the quantity or quality of gas which is or is to be so introduced, or so conveyed, whether generally or by or on behalf of a particular person,
“distribution system operator” has the meaning given by Article 2(6) of 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;
An application under subsection (1B) shall be made by giving notice in writing to the owner specifying what is being sought.
Section 91 of the Energy Act 2011 (meaning of “associate”) applies for the purposes of subsection (3) of this section as it applies for the purposes of section 82(7)(d) and (9)(a) of that Act.
both of them are companies; and
one of the companies has control of the other, or both are under the control of the same person or persons;
The notice shall, in particular, specify—
the period during which the gas is to be processed by the facility;
the kind of gas to be processed (which must be of, or similar to, the kind which the facility is designed to process); ...
the quantities of gas to be processed; and
that the gas is to be processed for a downstream purpose
In relation to any time before the appointed day, this section shall have effect as if for the words “public gas transporter”, in each place where they occur, there were substituted the words “public gas supplier”.
Where a person gives notice under subsection (1C), he and the owner of the gas processing facility shall negotiate in good faith and endeavour to reach agreement on the application.
If the owner and the applicant do not reach any such agreement, the applicant may apply to the Authority for directions under this section which would secure to the applicant the right specified in the notice under subsection (1C).
the Authority shall not entertain such an application unless it is satisfied that the parties have had a reasonable time in which to fulfil their duties under subsection (1E).
For the purposes of this section, gas is processed for “a downstream purpose” if it is processed with a view to its being put into a gas storage facility, an LNG import or export facility, a gas interconnector or a distribution system pipeline.
Subsections (1) to (3) of section 49 of the Pipe-lines Act 1962 (service of documents) shall apply for the purposes of this section as they apply for the purposes of that Act.
It shall be the duty of the Gas and Electricity Markets Authority, where either it considers it expedient or it is requested by the Secretary of State to do so, to give information, advice and assistance to the Secretary of State with respect to any matter in respect of which any function of the Secretary of State under this Act is exercisable.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.
In this Act—
“the 1986 Act” means the Gas Act 1986;
The enactments and instrument specified in Schedule 4 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).
The Secretary of State may by order make such consequential modifications of any provision contained in any public general Act passed before the appointed day as appear to him necessary or expedient in respect of—
any reference in that provision to a public gas supplier;
any reference in that provision (in whatever terms) to a person authorised to supply gas through pipes by virtue of section 7 or 8 of the 1986 Act; or
any reference in that provision (in whatever terms) to a person carrying on a gas undertaking or to such an undertaking.
The Secretary of State may by order make such consequential modifications of any provision contained in— as appear to him necessary or expedient.
any Act passed before the appointed day which is not a public general Act; or
any subordinate legislation (within the meaning of the Interpretation Act 1978) made before that day,
An order under subsection (2) or (3) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The transitional provisions and savings contained in Schedule 5 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).
In that Schedule, unless the context otherwise requires, expressions which are also used in the 1986 Act have the same meanings as in that Act.
The Secretary of State may by order make such other transitional provisions and savings as appear to him necessary or expedient.
An order under subsection (3) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Gas Act 1995.
This Act, except— shall come into force on the appointed day, that is to say, such day as the Secretary of State may by order made by statutory instrument under this subsection appoint.
this section;
sections 8(2), 11(1) to (5), 12 and 13;
section 17(1) and (2) and Schedule 5; and
so far as relating to the repeal of section 62(7) of the 1986 Act, section 17(5) and Schedule 6,
Without prejudice to section 13 of the Interpretation Act 1978 (anticipatory exercise of powers), any power conferred on the Secretary of State or the Director by a provision of this Act which comes into force by virtue of subsection (2) above may be exercised before the appointed day provided that nothing done in the exercise of that power has effect before that day.
Section 12 above shall come into force on such day as the Secretary of State may by order made by statutory instrument under this subsection appoint.
This Act, except— does not extend to Northern Ireland.
this section;
subsections (1) to (6) of section 11;
paragraphs 1 to 3, 6, 7, 23 and 30 of Schedule 5 and section 17(1) and (2) so far as relating to those paragraphs; and
Schedule 6 and section 17(5) so far as relating to the repeals of paragraph 1 of Schedule 5 to the Fair Trading Act 1973 and sections 62(7) and 63 of and paragraph 15(4) of Schedule 7 to the 1986 Act,