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The Utilities Act 2000 (Amendment of Section 105) Order 2020

S.I. 2020/106 · Made 29 January 2020

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.

Energy

Made 29th January 2020

Laid before Parliament 4th February 2020

Coming into force 10th March 2020

The Secretary of State makes the following Order in exercise of the powers conferred by section 105(7) of the Utilities Act 2000f1.

Annotations to the whole text

Footnotes

f1

2000 c. 27.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Utilities Act 2000
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Utilities Act 2000 (Amendment of Section 105) Order 2020 and comes into force on 10th March 2020.

2Amendment of the Utilities Act 2000

(1)

In section 105(3)f1 of the Utilities Act 2000 (general restrictions on disclosure of information), after paragraph (b) insert—

“(ba)

it is a protected disclosure for the purposes of the Employment Rights Act 1996f2 (and for the purposes of ascertaining whether it is a protected disclosure, subsection (9) is to be disregarded);”.

(2)

In section 105(4)(g)f3 of the Utilities Act 2000, for the words from “under” to the end substitute—

“—

(i)

under or by virtue of the 1986 Act, the 1989 Act, this Act or any Act or instrument specified in subsection (6), or

(ii)

in reliance on section 47B or 103A of the Employment Rights Act 1996;”.

Signature

Kwasi Kwarteng

Minister of State for Business, Energy and Clean Growth

Department for Business, Energy and Industrial Strategy

29th January 2020

Explanatory note

(This note is not part of the Order)

Section 105 of the Utilities Act 2000 imposes a general restriction on the disclosure of certain information, subject to a number of specified exemptions. This Order amends that provision to allow for a disclosure which is:

  1. a)

    a protected disclosure for the purposes of the Employment Rights Act 1996; or

  2. b)

    for the purposes of civil proceedings brought in reliance on section 47B (protected disclosure – protection from detriment) or 103A (protected disclosure – protection from unfair dismissal) of the Employment Rights Act 1996.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.