Utilities Bill - continued        House of Lords

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{d2} The repeal of sub-paragraph (4)(d) of section 7B is without prejudice to the generality of the power conferred by subsection (4)(a) of that section.
 
 
 
 

 
 
 
SCHEDULE 6
 
  MINOR AND CONSEQUENTIAL AMENDMENTS
  PART I
  GAS ACT 1986
     1. The Gas Act 1986 is amended as follows.
 
     2. - (1) In the following provisions, for "public gas transporter", in each place where it appears, there is substituted "gas transporter" and for "public gas transporters" in each place where it appears, there is substituted "gas transporters"-
 
 
    section 7A
 
    section 7B
 
    section 8
 
    section 9
 
    section 10
 
    section 11
 
    section 12
 
    section 13
 
    section 18
 
    section 18A
 
    section 19
 
    section 21
 
    section 27A
 
    section 43
 
    section 46
 
    section 48
 
    section 62
 
    Schedule 2B
 
    Part I of Schedule 3
 
    Schedule 4.
      (2) In section 19(6)(a), paragraph 5(2) of Schedule 2B and Part II of Schedule 3, in each place where it appears, for "public gas transporter's" there is substituted "gas transporter's".
 
     3. In section 5 (prohibition on unlicensed activities), in subsection (1)(a) and (c) for "public gas transporter" there is substituted "gas transporter".
 
     4. In section 7 (licensing of public gas transporters), in subsections (2)(b), (6)(b) and (9) for "public gas transporter" there is substituted "gas transporter".
 
     5. In section 7B (general provisions about licences), subsection (4)(d) (which provides for conditions in licences requiring the furnishing of information and is superseded by other provisions of this Act about information) shall cease to have effect.
 
     6. In section 7B(9), in paragraph (b)-
 
 
    (a) for "or extension" in both places where it appears, there is substituted ", extension or restriction";
 
    (b) for "previously included" there is substituted "includes".
     7. In section 24(6) (matters to which the Competition Commission is to have regard in making determinations) for "4 and 4A(1) and (2) above" there is substituted "4AA, 4AB and 4A".
 
     8. In section 24(8) (interpretation of sections 24 to 26 of the 1986 Act) for "and 26 below" there is substituted ", 26 and 26A".
 
     9. In section 27A(1) (determination of certain disputes) for "domestic customer" there is inserted "customer of a person authorised by a licence or exemption to supply gas".
 
     10. In section 28(5)(a) (circumstances in which the Authority may not make or confirm an order under the section) for "4 or 4A above" there is substituted "4AA, 4AB or 4A".
 
     11. In section 28 (orders for securing compliance with certain provisions), in the definition of "relevant requirement" in subsection (8)-
 
 
    (a) after "9(1)" there is inserted ", (1A)";
 
    (b) after "12(1) or (6)" there is inserted ", 16(10),"
 
    (c) after "33B," there is inserted "33BA,";
 
    (d) "33BB" is omitted;
 
    (e) for "or 33E" there is substituted ", 33F, 41A or 41B"; and
 
    (f) after "Act" there is inserted "or section 27(4)(b) of the Utilities Act 2000 (order to comply with a direction under section 24 of that Act)".
     12. In section 33A (standards of performance in individual cases)-
 
 
    (a) for subsections (1) and (2) there is substituted-
 
    "(1) The Authority may make regulations prescribing such standards of performance in connection with the activities of gas suppliers, so far as affecting customers or potential customers of theirs, as in the Authority's opinion ought to be achieved in individual cases.
 
      (2) Regulations under this section may only be made with the consent of the Secretary of State.";
 
 
    (b) in subsection (3)(a), for "domestic customers" there is substituted "customers or potential customers"; and
 
    (c) in subsection (4), for "domestic customer" there is substituted "customer or potential customer" and after "failure" there is inserted "and is of a prescribed description".
     13. In section 33C (information with respect to levels of performance), in subsection (2)(b), for "may be so specified" there is substituted "the Authority may direct".
 
     14. Section 33E (procedures for dealing with complaints) shall cease to have effect.
 
     15. In section 38 (power to require information etc.)-
 
 
    (a) in subsection (1A) for "4 or 4A above" there is substituted "4AA, 4AB or 4A"; and
 
    (b) in subsection (3) after "document" there is inserted "or record".
     16. In section 46(3), for "his authorised area" there is substituted "any authorised area of his".
 
     17. In section 48(1) (interpretation of Part I)-
 
 
    (a) before the definition of "gas" there is inserted-
 
    ""exemption" means an exemption under section 6A;"; and
 
    (b) for the definition of "licence" there is substituted-
 
    ""licence" means a licence under section 7 or 7A and "licence holder" shall be construed accordingly;".
     18. In section 62, after subsection (2A) there is inserted-
 
 
    "(2AB) If immediately before the commencement of paragraph 2 of Schedule 6 to the Utilities Act 2000 (substitution of "gas transporter" for "public gas transporter") subsection (2A) applies to an agreement, that subsection continues to apply to that agreement notwithstanding the substitution.".
 
     19. In section 64(2) (orders) after "section" there is inserted "23, 33BC, 41A, 41C".
 
     20. In section 66 (interpretation)-
 
 
    (a) after the definition of "the appointed day" there is inserted-
 
    ""the Authority" means the Gas and Electricity Markets Authority;"; and
 
    (b) after the definition of "the Corporation" there is inserted-
 
    ""the Council" means the Gas and Electricity Consumer Council;".
     21. In Schedule 2B (the gas code), in paragraph 8-
 
 
    (a) sub-paragraphs (4), (5) and (6) shall be omitted;
 
    (b) in sub-paragraph (8) the words from "but this" to the end shall cease to have effect;
 
    (c) in sub-paragraph (11)-
 
      (i) for the words from "a revision" to "such an election" there is substituted "or a revision of such a scheme"; and
 
      (ii) in paragraphs (a) and (b), for ", revision, election or withdrawal" there is substituted "or revision".
 
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