OpenLegislation

The Electricity and Gas (Internal Markets) Regulations 2011

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2011, ISBN 9780111513965

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 2(2) of the European Communities Act 1972, for approval by resolution of each House of Parliament.

Electricity

Gas

Made [Date] 2011

Coming into force in accordance with regulation 1(1)

The Secretary of State is designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to energy and energy sources.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, that Act.

These Regulations make provision for a purpose mentioned in section 2(2) of that Act and it appears to the Secretary of State that it is expedient for any reference in these Regulations to an Annex to the following instruments to be construed as a reference to that Annex as amended from time to time—

  1. (a)

    Regulation 2009/714/EC of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation 2003/1228/ECf3,

  2. (b)

    Regulation 2009/715/EC of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation 2005/1775/ECf4, as amended by Commission Decision 2010/685/EU of 10 November 2010 amending Chapter 3 of Annex I to Regulation 2009/715/ECf5, and

  3. (c)

    Commission Regulation 2010/838/EU of 23 September 2010 on laying down guidelines relating to the inter-transmission system operator compensation mechanism and a common regulatory approach to transmission chargingf6.

Annotations to the whole text

Footnotes

f1

S.I. 2010/761.

f2

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008. Another amendment has been made that is not relevant for these purposes.

f3

OJ No L 211, 14.08.2009, p. 15.

f4

OJ No L 211, 14.08.2009, p. 36.

f5

OJ No L 293, 11.11.2010, p. 67.

f6

OJ No L 250, 24.09.2010, p. 5.

Contents

  1. Part 1: Introductory provisions
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: Consumer protection
  5. 3National Consumer Council to provide guidance to energy consumers
  6. Part 3: Transmission and the operation of interconnectors
  7. 4Gas transmission and the operation of gas interconnectors: independence
  8. 5Electricity transmission and the operation of electricity interconnectors: independence
  9. Part 4: Gas facilities
  10. 6Independence of storage facilities
  11. 7General duties of storage facility owners, LNG import or export facility owners etc
  12. 8Duty to allow others to use storage facilities: exemptions for new and modified facilities
  13. 9Duty to allow others to use storage facilities: review and revocation of exemptions
  14. 10Duty to allow others to use storage facilities
  15. 11Duty to allow others to use LNG import or export facilities: exemptions for new and modified facilities
  16. 12Duty to allow others to use LNG import or export facilities: review and revocation of exemptions
  17. 13Duty to allow others to use LNG import or export facilities
  18. 14Duty to allow others to use LNG import or export facilities: exemptions in relation to take-or-pay commitments
  19. 15Exempt new and modified facilities: mechanisms for the allocation of capacity
  20. 16Consequential amendments of the Petroleum Act 1998 in respect of storage facilities
  21. 17Transitional provision in relation to exempt storage and LNG import or export facilities
  22. Part 5: Distribution
  23. 18Independence of gas transporters authorised to convey gas to premises
  24. 19Independence of electricity distributors
  25. Part 6: Licence exempt undertakings
  26. 20Duties of gas distribution exemption holders and supply exemption holders
  27. 21Duties of electricity distribution exemption holders and supply exemption holders
  28. Part 7: Regulatory authority
  29. Designation, reporting and members
  30. 22Designation of the Gas and Electricity Markets Authority as the regulatory authority for Great Britain
  31. 23Authority to prepare annual reports on its activities as designated regulatory authority
  32. 24Members of the Gas and Electricity Markets Authority
  33. 25Definitions in the Utilities Act 2000
  34. Principal objectives
  35. 26Authority’s principal objective in relation to gas
  36. 27Authority’s principal objective in relation to electricity
  37. Dispute resolution
  38. 28Authority’s dispute resolution functions in relation to gas
  39. 29Authority’s dispute resolution functions in relation to electricity
  40. Monitoring
  41. 30Authority’s monitoring functions in relation to gas
  42. 31Authority’s monitoring functions in relation to electricity
  43. Binding decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission
  44. 32Binding decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission in relation to gas
  45. 33Binding decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission in relation to electricity
  46. Consultation and cooperation
  47. 34Authority to consult and cooperate with other authorities in relation to gas
  48. 35Authority to consult and cooperate with other authorities in relation to electricity
  49. 36Confidentiality requirements in respect of cross-border exchanges of information
  50. Part 8: Enforcement
  51. 37Enforcement provisions of the Gas Act 1986
  52. 38Saving provision in relation to enforcement action under section 22 of the Gas Act 1986
  53. 39Enforcement provisions of the Electricity Act 1989
  54. 40Amendment of Electricity and Gas (Determination of Turnover for Penalties) Order 2002
  55. Part 9: Licence modification procedure
  56. 41Amendment of licence modification provisions in the Gas Act 1986
  57. 42Transitional and savings provision for the Gas Act 1986 in relation to modification of licence conditions, references to the Competition Commission and Competition Commission membership
  58. 43Amendment of licence modification provisions in the Electricity Act 1989
  59. 44Transitional and savings provision for the Electricity Act 1989 in relation to modification of licence conditions, references to the Competition Commission and Competition Commission membership
  60. 45Minor and consequential amendments
  61. Part 10: Miscellaneous provisions
  62. 46Amendment of section 19E of the Gas Act 1986
  63. 47Amendment of section 48 of the Gas Act 1986
  64. 48Amendment of section 64 of the Electricity Act 1989
  65. 49Modifications of standard conditions of gas licences
  66. 50Modifications of standard conditions of electricity licences
  67. 51Review
  68. Signature
  69. Schedule 1Duties of gas distribution exemption holders and supply exemption holders
  70. Schedule 2Duties of electricity distribution exemption holders and supply exemption holders
  71. Schedule 3Obligations enforceable as relevant requirements under the Gas Act 1986
  72. Schedule 4Obligations enforceable as relevant requirements under the Electricity Act 1989
  73. Schedule 5Procedure for appeals under section 23B of the Gas Act 1986
  74. Schedule 6Procedure for appeals under section 11C of the Electricity Act 1989
  75. Schedule 7: Modification of standard conditions of licences granted under the Gas Act 1986
  76. Part 1: Interpretation
  77. 1Paragraph 1
  78. Part 2: Standard conditions of gas transporter licences
  79. 2Paragraph 2
  80. Part 3: Standard conditions of gas supply licences
  81. 3Paragraph 3
  82. Part 4: Standard conditions of gas interconnector licences
  83. 4Paragraph 4
  84. Schedule 8: Modification of standard conditions of licences granted under the Electricity Act 1989
  85. Part 1: Interpretation
  86. 1Paragraph 1
  87. Part 2: Standard conditions of electricity transmission licences
  88. 2Paragraph 2
  89. Part 3: Standard conditions of electricity distribution licences
  90. 3Paragraph 3
  91. Part 4: Standard conditions of electricity supply licences
  92. 4Paragraph 4
  93. Part 5: Standard conditions of electricity interconnector licences
  94. 5Paragraph 5
  95. Explanatory note