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The Utilities Act 2000 (Commencement No. 5 and Transitional Provisions) Order 2001

S.I. 2001/1781 · Made 8 May 2001

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.

ELECTRICITY

GAS

Made 8th May 2001

The Secretary of State, in exercise of the powers conferred on him by section 110(2) and (3) of the Utilities Act 2000f1, hereby makes the following Order:—

Annotations to the whole text

Footnotes

f1

2000 c. 27.

Contents

  1. 1Citation and interpretation
  2. 2Provisions of the Act commenced by this Order
  3. 3Transitional provisions
  4. 4Transitional provisions
  5. 5Transitional provisions
  6. 6Transitional provisions
  7. 7Transitional provisions
  8. 8Transitional provisions
  9. 9Transitional provisions
  10. 10Transitional provisions
  11. Signature
  12. Schedule PROVISIONS OF THE UTILITIES ACT 2000 COMING INTO FORCE ON 16TH MAY 2001
  13. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Utilities Act 2000 (Commencement No. 5 and Transitional Provisions) Order 2001.

(2)

In this Order—

  • “the Act” means the Utilities Act 2000;

  • “the Electricity Act” means the Electricity Act 1989f1; and

  • “the Gas Act” means the Gas Act 1986f2.

(3)

In this Order (save where the context otherwise requires) references to sections and Schedules are references to sections of and Schedules to the Act.

2Provisions of the Act commenced by this Order

Subject to articles 3 to 10, 16th May 2001 is the appointed day for the coming into force of the provisions of the Act listed in the first column of the Schedule to this Order for the purposes set out in the second column.

3Transitional provisions

The commencement of section 30 for the purpose set out in the second column of the Schedule to this Order does not have the effect of substituting section 6 of the Electricity Act.

4Transitional provisions

The commencement of section 46(3) for the purpose set out in the second column of the Schedule to this Order does not have the effect of substituting section 19(2) of the Electricity Act.

5Transitional provisions

The commencement of section 58 for the purpose set out in the second column of the Schedule to this Order does not have the effect of substituting section 42A of the Electricity Act.

6Transitional provisions

The commencement of section 62 for the purpose set out in the second column of the Schedule to this Order does not have the effect of substituting section 32 of the Electricity Act.

7Transitional provisions

The commencement of section 82(4) for the purpose set out in the second column of the Schedule to this Order does not have the effect of substituting section 23(12) of the Gas Act.

8Transitional provisions

The commencement of section 94 for the purpose set out in the second column of the Schedule to this Order does not have the effect of substituting section 33D of the Gas Act.

9Transitional provisions

The commencement of paragraph 13(a) of Schedule 6 for the purpose set out in the second column of the Schedule to this Order, does not have the effect of substituting section 33A(1) and (2) of the Gas Act.

10Transitional provisions

The commencement of paragraph 32(a) of Schedule 6 for the purpose set out in the second column of the Schedule to this Order does not have the effect of substituting section 39(1) of the Electricity Act.

Signature

Peter Hain,

Minister for Energy and Competitiveness in Europe,

Department of Trade and Industry

8th May 2001

PROVISIONS OF THE UTILITIES ACT 2000 COMING INTO FORCE ON 16TH MAY 2001

Provisions of the ActPurpose
Section 30 (licences authorising supply etc. of electricity and procedures for licence applications)

For the purpose of enabling the Authority to make regulations prescribing—

  1. (i)

    the form and manner in which an application for a generation licence, transmission licence, distribution licence or supply licence, as defined in paragraph (a), (b), (c) or (d) of section 6(1)f1 of the Electricity Act or an application for the extension or restriction of a distribution or supply licence is to be made;

  2. (ii)

    the information, documents and any fee which should accompany any application; and

  3. (iii)

    the period within which, after the making of the application, the applicant shall publish a notice of the application and the manner of that publication

Section 32 (electricity licence conditions)For the purpose of the determination by the Secretary of State of standard licence conditions pursuant to section 33(1)
Section 33(1) and (2) (standard conditions of electricity licences)For all purposes
Section 35 (modification of standard conditions of licences)For the purpose of enabling the Secretary of State to make an order prescribing the percentages referred to in paragraph (b) of section 11A(6)f2 of the Electricity Act and the weighting referred to in section 11A(7) of that Act
Section 46(1) and (3) to (5) (power to recover expenditure)For the purpose of enabling the Secretary of State to consult with the Authority and to make regulations relating to the recovery and application of reasonably incurred expenditure by an electricity distributor as provided for in section 19(2) and (3)f3 of the Electricity Act
Section 52 (amendment to Schedule 7 to the Electricity Act)For the purpose of giving effect to paragraphs 1, 3(1) and (2) and 4 of Schedule 5 to enable the Authority to make and the Secretary of State to consent to the making of regulations under paragraph 1(1A) of Schedule 7f4 to the Electricity Act
Section 54(2) (standards of performance in individual cases: electricity distributors)For the purpose of enabling the Authority to make and the Secretary of State to consent to the making of regulations prescribing standards of performance in connection with the activities of electricity distributors as provided for in section 39Af5 of the Electricity Act and the person (where this is not the Authority) by whom a reference shall be determined and the practice and procedure to be followed in connection with any determination of any dispute arising under section 39f6 or 39A of the Electricity Act or regulations made under either of those sections, as provided for in section 39Bf7 of the Electricity Act
Section 55 (overall standards of performance: electricity distributors)For the purpose of enabling the Authority to determine and arrange for the publication of overall standards of performance in connection with the activities of electricity distributors as provided for in section 40A(1) and (2)f8 of the Electricity Act
Section 56 (procedures for prescribing or determining standards of performance)For the purpose of enabling the Authority to comply with the procedures for prescribing or determining standards of performance required by section 40Bf9 of the Electricity Act
Section 58 (information to be given to customers about overall performance)For the purpose of enabling the Authority to make regulations as provided for in section 42Af10 of the Electricity Act
Section 62 (obligation in connection with electricity from renewable sources)For the purpose of enabling the Secretary of State to undertake the consultation required by section 32(7)f11 of the Electricity Act before an order may be made by him under section 32(1) of that Act
Section 74(1) and (7) (gas licence conditions and procedures for licence applications)

For the purpose of enabling the Authority to make regulations prescribing—

  1. (i)

    the form and manner in which an application for the grant, extension or restriction of a licence under section 7f12 or 7Af13 of the Gas Act is to be made;

  2. (ii)

    the information, documents and fee which accompany any application; and

  3. (iii)

    the period within which, after the making of the application, the applicant should publish a notice of the application and the manner of that publication

Section 74(3) to (6) (gas licence conditions)For the purpose of the determination by the Secretary of State of standard licence conditions pursuant to section 81(2)
Section 81(1) and (2) (standard conditions of gas licences)For all purposes
Section 82(4) (modification of standard conditions of gas licences)For the purpose of enabling the Secretary of State to make an order prescribing the percentages referred to in paragraph (b) of section 23(7)f14 of the Gas Act and the weighting referred to in section 23(8) of that Act
Section 90(2) (standards of performance in individual cases: gas transporters)For the purpose of enabling the Authority to make and the Secretary of State to consent to the making of regulations prescribing standards of performance in connection with the activities of gas transporters as provided for in section 33AAf15 of the Gas Act and the person (where this is not the Authority) by whom a reference shall be determined and the practice and procedure to be followed in connection with any determination of any dispute arising under section 33Af16 or 33AA or regulations made under either of those sections, as provided for in section 33ABf17 of the Gas Act
Section 91 (overall standards of performance: gas transporters)For the purpose of enabling the Authority to determine and arrange for the publication of overall standards of performance in connection with the activities of gas transporters as provided for in section 33BAf18 of the Gas Act
Section 92 (procedures for prescribing or determining standards of performance)For the purpose of enabling the Authority to comply with the procedures for prescribing or determining standards of performance required by section 33BAAf19 of the Gas Act
Section 94 (information to be given to customers about overall performance)For the purpose of enabling the Authority to make regulations as provided for in section 33Df20 of the Gas Act
Section 104 (specialist members of the Competition Commission)For all purposes
In Schedule 5, paragraphs 1, 3(1) and (2) and 4 (electricity metering, amendment of Schedule 7 to the Electricity Act)For the purpose of enabling the Authority to make and the Secretary of State to consent to the making of regulations under paragraph 1(1A) of Schedule 7 to the Electricity Act
In Schedule 6 (minor and consequential amendments to the Gas Act 1986)—

  • paragraph 1

For the purpose of the entries in Part I of Schedule 6 referred to in this Order

  • paragraph 2(1) (in so far as it relates to section 7B of the Gas Act) and 5

For the purpose of the determination by the Secretary of State of standard licence conditions pursuant to section 81(1) and (2)

  • paragraph 13

For the purpose of enabling the Authority to make and the Secretary of State to consent to the making of regulations prescribing standards of performance in connection with the activities of gas suppliers as provided for in section 33A of the Gas Act

  • paragraph 24

For the purpose of the entries in Part II of Schedule 6 referred to in this Order

  • paragraph 32

For the purpose of enabling the Authority to make and the Secretary of State to consent to the making of regulations prescribing standards of performance in connection with the activities of electricity suppliers as provided for in section 39 of the Electricity Act

  • paragraph 33

For the purpose of enabling the Authority to determine and arrange for the publication of overall standards of performance in connection with the activities of electricity suppliers as provided for in section 40 of the Electricity Actf21
In Schedule 7, paragraphs 1 to 23 (transitional provisions and savings)For all purposes
In Schedule 8 (repeals) the entry relating to the House of Commons Disqualification Act 1975f22For the purpose of the reference to the Chairman of the Gas Consumers' Council

Explanatory note

(This note is not part of the Order)

This is the fifth Commencement Order made under the Utilities Act 2000 (“the Act”).

Article 2 of the Order brings into force on 16th May 2001 those provisions of the Act listed in the Schedule to the Order for the purposes specified therein. These are principally enabling provisions to facilitate certain actions which need to be taken by the Secretary of State or the Gas and Electricity Markets Authority (“the Authority”) prior to the commencement of other provisions of the Act which make changes to the licensing regimes for gas and electricity.

Article 2 commences for certain purposes sections 30 and 74(1) and (7) of the Act enabling the Authority to make regulations prescribing the procedures relating to and content of licence applications in respect of (in the case of section 30) electricity and (in the case of section 74(1) and (7)) gas. Sections 32, 33(1) and (2), 74(3) to (6) and 81(1) and (2) which are also commenced (in some cases for certain purposes only) enable the Secretary of State to determine standard licence conditions which will be included in future electricity and gas licences (including those which will result from licensing schemes made under Schedule 7 to the Act). Article 2 also commences sections 35 (in relation to electricity) and 82(4) (in relation to gas) so as to enable the Secretary of State to exercise his order making powers to prescribe certain thresholds and weighting provisions in respect of the modification of standard conditions of licences. Section 46 enables the Secretary of State to consult and make regulations relating to aspects of connection expenses, whilst section 52 and Schedule 5, paragraphs 1, 3(1) and (2) and 4 permit the making of certain regulations relating to electricity metering. Article 2 also commences sections 54(2), 55, 56 and 58 of the Act and certain provisions of Schedule 6, enabling requirements in respect of standards of performance (both individual and overall) in relation to electricity to be in place at the same time as provisions making the principal changes to the electricity licensing regime take effect. Sections 90(2), 91, 92 and 94 which achieve the same in the case of gas licensing are also commenced by article 2. Section 62 is also commenced by article 2 for the purpose of enabling consultation by the Secretary of State in relation to the new renewables obligation.

Further, certain minor, consequential and transitional provisions (including paragraphs 1 to 23 of Schedule 7 which provide for the making of transfer, licensing and former tariff customer schemes) and repeals are commenced by article 2.

The transitional provisions in articles 3 to 10 make it clear that the commencement for certain purposes of the provisions referred to in those articles is without prejudice to the continuation in force of those existing provisions of the Electricity Act 1989 and Gas Act 1986 referred to in those articles.