Utilities Bill - continued        House of Lords
SCHEDULE 6, MINOR AND CONSEQUENTIAL AMENDMENTS - continued

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  PART II
  ELECTRICITY ACT 1989
     21. The Electricity Act 1989 is amended as follows.
 
     22. In section 12(7) (matters to which the Competition Commission is to have regard in making determinations) for "3 above" there is substituted "3A to 3C".
 
     23. In subsections (1) and (2) of section 23 (determination of disputes), for the words from "a public" to "of electricity" there is substituted "an electricity distributor and a person requiring a connection".
 
     24. In section 25(5)(a) (circumstances in which the Authority may not make or confirm an order under the section) for "3 above" there is substituted "3A to 3C".
 
     25. In section 25 (orders for securing compliance with certain provisions), in the definition of "relevant requirement" in subsection (8), for the words "or section 40(3), 41(3), 42A or 42B below" there is substituted ", or sections 32 to 32C, section 40, 40A, 42A, 42C, 43A or 43B below or section 24 of the Utilities Act 2000".
 
     26. - (1) Section 29 (regulations relating to supply and safety of electricity) is amended as follows.
 
      (2) In subsection (1)(b), after "transmission" there is inserted ", distribution".
 
      (3) In subsection (2)-
 
 
    (a) in paragraphs (a) and (c) for "supply" there is substituted "distribution";
 
    (b) in paragraph (b) for "of supplies or transmissions" there is substituted "in the distribution or transmission"; and
 
    (c) in paragraph (d) for the words from "persons" to "supply" (in the second place it appears) there is substituted "electricity distributors from any duty under section 16 or authorising them to disconnect any premises or distribution system".
     27. - (1) Section 30 (electrical inspectors) is amended as follows.
 
      (2) In subsection (2)-
 
 
    (a) in paragraph (a) for "supply" there is substituted "distribute";
 
    (b) in paragraph (b) after "transmission" there is inserted ",distribution";
 
    (c) in paragraph (c) for "supply of electricity through or by" there is substituted "conveyance of electricity through".
      (3) In subsection (3)-
 
 
    (a) in paragraph (b) for "generate, transmit or supply electricity" there is substituted "carry on licensable activities";
 
    (b) in paragraph (c) for the words from "persons" to "supply" (in the second place it appears) there is substituted "electricity distributors from any duty under section 16 or authorising them to disconnect any premises or distribution system".
     28. In section 39 (standards of performance in individual cases)-
 
 
    (a) for subsection (1) there is substituted-
 
    "(1) The Authority may, with the consent of the Secretary of State, make regulations prescribing such standards of performance in connection with the activities of electricity suppliers so far as affecting customers or potential customers of theirs.";
 
 
    (b) in subsection (2), for the words from "and may" to the end there is substituted " and, if the Authority is of the opinion that the differences are such that no electricity supplier would be unduly disadvantaged in competing with other electricity suppliers, may make different provision for different electricity suppliers."
     29. In section 40 (overall standards of performance)-
 
 
    (a) in subsection (1)(a), for "such" (in the second place it appears) there is substituted "electricity";
 
    (b) In subsection (2), at the end there is inserted "if the Authority is of the opinion that the differences are such that no electricity supplier would be unduly disadvantaged in competing with other electricity suppliers".
     30. Section 42B (procedures for dealing with complaints) shall cease to have effect.
 
     31. In section 57 (restrictions on disclosure), in subsection (5)(a) for "42" there is substituted "42AA, 46A".
 
     32. - (1) Section 64(1) (interpretation of Part I) is amended as follows.
 
      (2) In the definition of "authorised area" for "6(9)" there is inserted "6(10)".
 
      (3) After the definition of "authorised area" there is inserted-
 
 
    ""authorised distributor" means a person who is authorised by a licence or exemption to distribute electricity;
 
    "authorised supplier" means a person who is authorised by a licence or exemption to supply electricity;
 
    "distribute", in relation to electricity, has the meaning given by section 4(4), and cognate expressions shall be construed accordingly;".
      (4) After the definition of "electric line" there is inserted-
 
 
    ""electricity distributor" and "electricity supplier" have the meanings given by section 6(10)".
      (5) After the definition of "licence" there is inserted-
 
 
  " `"licensable activity" means an activity which, if carried on without the authority of a licence or exemption, constitutes an offence under section 4(1);".
      (6) In the definition of "prescribed", for the words from "except" to "made" there is substituted "means prescribed by regulations made, unless the context otherwise requires,".
 
      (7) After the definition of "relevant condition" there is inserted-
 
 
    ""special connection agreement" means a special agreement under section 22;".
     33. In section 106(2) (regulations and orders), in paragraph (b), after "company" there is inserted ", an order under section 11A, section 32, section 41A, 43A or 56A,".
 
     34. In section 111(1) (interpretation)-
 
 
    (a) after the definition of "Area Board" there is inserted-
 
    ""the Authority" means the Gas and Electricity Markets Authority;"; and
 
    (b) after the definition of "contravention" there is inserted-
 
    ""the Council" means the Gas and Electricity Consumer Council;".
 
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