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("PART III
ELECTRICITY LICENSING
Former tariff customers

4S.--(1) This paragraph applies where immediately before the commencement date a public electricity supplier ("the supplier") is supplying tariff customers with electricity.
(2) The supplier's supply successor shall be deemed to have contracted with those customers for the supply of electricity as from that day.
(3) The express terms and conditions of a contract which, by virtue of sub-paragraph (2), is deemed to have been made by the supplier shall be provided for by the scheme under this paragraph which relates to that supplier.
(4) Before such date as the Secretary of State may direct, the supplier shall make a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (2), are to be deemed to have been made by the supplier.
(5) A scheme under this paragraph may (subject to section 7B of the 1989 Act)--
(a) make different provisions for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme; and
(b) make such supplemental, incidental, consequential and transitional provisions as the supplier considers appropriate.
(6) A scheme under this paragraph shall not take effect unless it is approved by the Authority; and the Authority may modify such a scheme before approving it.
(7) If, in relation to such a scheme--
(a) the supplier fails, before the date specified under sub-paragraph (4), to submit the scheme for the approval of the Authority; or
(b) the Authority decides not to approve the scheme that has been submitted by the supplier (either with or without modifications),
the Authority may itself make the scheme.

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(8) It shall be the duty of the supplier to provide the Authority with all such information and other assistance as it may require for the purposes of or in connection with the exercise of any function conferred by sub-paragraph (6) or (7).
(9) The Authority shall not exercise any function conferred by sub-paragraph (6) or (7) except after consultation with the supplier.
(10) A scheme made under this paragraph shall be published in the London and Edinburgh Gazettes before the commencement date and shall come into operation on that date; and conclusive evidence of a scheme so made may be given in all courts of justice and in all legal proceedings whatever by the production of a copy of either of those Gazettes purporting to contain it.
(11) In this paragraph--
"commencement date" means the date on which section 44 comes into force; and
"supply successor", in relation to a public electricity supplier, means the person who becomes an electricity supplier by virtue of a scheme made by or in relation to that public electricity supplier under Part II of this Schedule.").


    Page 128, line 7, at end insert--

("First financial years of Authority and Council

.--(1) In this paragraph "the body" means the Authority or the Council.
(2) If the period beginning with the day on which the body is established and ending with the next 31st March is six months or more, the first financial year of the body is that period.
(3) If the period mentioned in sub-paragraph (2) is less than six months, the first financial year of the body is the period beginning with the day on which the body is established and ending with 31st March in the following year.
First forward work programmes of Authority and Council

. The Authority's first forward work programme required by section 4(1) shall relate to the financial year following its first financial year.
.--(1) The Council's first forward work programme required by section 4(1) shall be published within the period of three months beginning with the day on which the Council is established.
(2) That forward work programme shall relate to the Council's plans for the period beginning with the day on which it is published and ending with the last day of the Council's first financial year (and section 4 shall apply accordingly).
Last annual reports of the Directors

.--(1) After the abolition of the offices of Director General of Gas Supply and Director General of Electricity Supply, any duty of either Director to make an annual report, in relation to any calendar year for which such a report has not been made, shall be carried out by the Authority.
(2) The period between the abolition of those offices and the end of the preceding calendar year (if less than 12 months) shall be treated as the calendar year for which the last annual reports are required.
(3) If that period is nine months or more, the Authority shall make the last annual reports as soon as practicable after the end of that period.
(4) If that period is less than nine months the last annual reports shall be made no later than the first report of the Authority under section 5(1).
(5) In this paragraph "annual reports" means reports required by section 39(1) of the 1986 Act and section 50(1) of the 1989 Act.
Last annual report of the Gas Consumers' Council

.--(1) After the abolition of the Gas Consumers' Council, any duty of the Gas Consumers' Council to make an annual report, in relation to any calendar year for which such a report has not been made, shall be carried out by the Council.

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(2) The period between the abolition of the Gas Consumers' Council and the end of the preceding calendar year (if less than 12 months) shall be treated as the calendar year for which the last annual report is required.
(3) If that period is nine months or more, the Council shall make the last annual report as soon as practicable after the end of that period.
(4) If that period is less than nine months the last annual report shall be made no later than the first report of the Council under paragraph 6 of Schedule 2.
(5) In this paragraph "annual report" means a report required by section 41 of the 1986 Act.").


    Page 128, line 7, at end insert--

("Investigations being carried out under the 1986 Act

.--(1) This paragraph applies to any matter--
(a) being investigated by the Director General of Gas Supply under section 31 of the 1986 Act (duty to investigate certain matters) immediately before the repeal by this Act of that section;
(b) being investigated by the Gas Consumers' Council under section 32 of the 1986 Act immediately before the commencement of section 22(1) above;
(c) being investigated by that Council under section 32A of the 1986 Act immediately before the repeal by this Act of that section;
(d) being investigated by that Council under section 33 of the 1986 Act (power to investigate certain matters) immediately before the commencement of section 23(1) above.
(2) If the matter being investigated is a matter which appears to the Council to be a matter which is or amounts to a complaint to which section 32 of the 1986 Act (as substituted by section 22(1) above) applies, the Council shall treat the matter as if it were a complaint referred to it under that section.
(3) In any other case the Authority shall either--
(a) agree with the Council that the Council is to investigate the matter under section 33 of the 1986 Act (as substituted by section 23(1) above); or
(b) make such further investigations of the matter, and take such action, as it considers appropriate.
(4) Where the Council or the Authority is required by virtue of sub-paragraph (2) or (3) to investigate a matter, it may treat anything done by the Director General of Gas Supply or the Gas Consumers' Council in investigating that matter as if done for the purposes of its own investigation.
(5) The Director General of Gas Supply and the Gas Consumers' Council shall give the Authority and the Council such information or assistance as may be necessary to enable them to of carry out their functions under this paragraph.
Investigations being carried out under the 1989 Act

.--(1) This paragraph applies to any matter--
(a) being investigated by the Director General of Electricity Supply or a consumers committee under section 45 of the 1989 Act (investigation of enforcement matters) immediately before the repeal by this Act of that section;
(b) being investigated by a consumers' committee under section 46 of the 1989 Act (duty of consumers' committees to investigate certain matters) immediately before the commencement of section 22(2) above.
(2) If the matter being investigated is a matter which appears to the Council to be a matter which is or amounts to a complaint to which section 46 of the 1989 Act (as substituted by section 22(2) above) applies, the Council shall treat the matter as if it were a complaint referred to it under that section.
(3) In any other case the Authority shall either--
(a) agree with the Council that the Council is to investigate the matter under section 46A of the 1989 Act (as inserted by section 23(2) above); or

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(b) make such further investigations of the matter, and take such action, as it considers appropriate.
(4) Where the Council or the Authority is required by virtue of sub-paragraph (2) or (3) to investigate a matter, it may treat anything done by the Director General of Electricity Supply or a consumers' committee in investigating that matter as if done for the purposes of its own investigation.
(5) The Director General of Electricity Supply and the consumers' committees shall give the Authority and the Council such information or assistance as may be necessary to enable them to carry out their functions under this paragraph.").

The noble Lord said: With the leave of the Committee, I shall move Amendments Nos. 314 to 317 together. I beg to move.

On Question, amendments agreed to.

Schedule 7, as amended, agreed to.

Schedule 8 [Repeals]:


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