Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Introductory
Licensing of activities relating to gas
For section 5 of the 1986 Act there shall be substituted the following section—
Section 6 of that Act (which is superseded by this section) shall cease to have effect.
For section 6A of the 1986 Act there shall be substituted the following section—
For section 7 of the 1986 Act there shall be substituted the following section—
After section 7 of the 1986 Act there shall be inserted the following section—
Subject to subsections (3) to (6) below, no domestic supply licence shall authorise the supply of gas to any premises before the relevant date, that is to say, 1st January 1999 or, if the Secretary of State by order so provides, such earlier date (not earlier than 1st January 1998) as may be determined by or under the order.
Subsection (2) above shall not apply in relation to a domestic supply licence in so far as it relates to—
any premises to which subsection (4) below applies; or
any premises to which that subsection has ceased to apply at any time and which are situated in an area which has not, at that or any later time, ceased to be an authorised area of a particular public gas transporter.
This subsection applies to any premises at any time if, at that time, the public gas transporter in whose authorised area the premises are situated is an associate of the holder of the domestic supply licence in question.
Subsection (2) above shall not apply in relation to a domestic supply licence in so far as it relates to any premises to which gas is conveyed otherwise than by a public gas transporter.
In so far as a domestic supply licence relates to premises which are situated in any area specified in an order made by the Secretary of State, subsection (2) above shall apply in relation to the licence as if for the relevant date there were substituted such earlier date as may be determined, in relation to that area, by or under the order.
Any reference in this section to a domestic supply licence includes a reference to an extension of such a licence (within the meaning of Part I of the 1986 Act).
In this section—“domestic supply licence” means a licence granted under subsection (1)(a) of section 7A of the 1986 Act, a licence having effect as such a licence by virtue of a direction given under subsection (4)(b) of that section, or a licence treated as so granted by virtue of a scheme made under paragraph 4 or 16 of Schedule 5 to this Act;“public gas transporter”, and “authorised area” in relation to such a transporter, have the same meanings as in Part I of that Act.
For the purposes of this section a public gas transporter is an associate of the holder of a domestic supply licence if—
both of them are companies registered under the Companies Act 1985 and are limited by shares; and
either one company is wholly owned by the other or both companies are wholly owned by the same person.
An order under this section may—
provide for anything falling to be determined under the order to be determined by the Authority; and
make such supplementary or incidental provision as the Secretary of State considers necessary or expedient.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
After section 7A of the 1986 Act there shall be inserted the following section—
For section 8 of the 1986 Act there shall be substituted the following section—
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Miscellaneous
After section 8A of the 1986 Act there shall be inserted the following section—
After Schedule 2A to that Act there shall be inserted, as Schedule 2B, the provisions of Schedule 2 to this Act (the gas code).
If the Secretary of State is satisfied that any of the provisions of paragraphs 22 and 27(3) of Schedule 2B to the 1986 Act have been or will be superseded by regulations under section 18 or 18A of that Act, he may by order made by statutory instrument provide that those provisions shall cease to have effect as from such date after the coming into force of the regulations as may be specified in the order.
Schedule 3 to this Act (which contains other amendments of Part I of the 1986 Act) shall have effect.
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In subsection (2) of section 62 of the 1986 Act (exclusion of certain agreements from Restrictive Trade Practices Act 1976), for paragraph (b) there shall be substituted the following paragraph—.
After subsection (2) of that section there shall be inserted the following subsections—
In subsection (3) of that section—
after the words “subsection (2)” there shall be inserted the words “ or (2A) ”; and
after the words “the Secretary of State” there shall be inserted the words “ , the Director or the Director General of Fair Trading ”.
In subsection (6) of that section, after the definition of “gas” there shall be inserted the following definitions—.
Subsection (7) of that section shall cease to have effect.
Section 63 of the 1986 Act (restrictions on use of certain information) shall cease to have effect.
In section 64 of that Act (provisions as to orders), in subsection (2), the words “20(9)” shall cease to have effect.
The owner of a gas processing facility which processes gas for a downstream purpose—
shall publish at least once in every year the main commercial conditions relating to the grant to another person of a right to have gas processed by the facility for such a purpose; and
shall publish any changes to the published conditions as soon as they become effective.
At least two months before publishing those conditions or any changes to them under subsection (1), the owner of the facility must—
publish a draft of the proposed conditions or changes; and
inform any person who has a right to have gas processed by the facility that the draft has been published.
The owner of the facility must take into account any representations received about the proposed conditions or changes before publishing them, or a modified version of them, as final conditions or changes under subsection (1).
In subsection (1) “year” means any year ending with 9th August.
Any person who seeks a right to have gas processed for a downstream purpose by a gas processing facility (“the applicant”) shall, before making an application to the Authority under subsection (1F), apply to the owner of the facility for the right.
An application under subsection (1B) shall be made by giving notice in writing to the owner specifying what is being sought.
The notice shall, in particular, specify—
the period during which the gas is to be processed by the facility;
the kind of gas to be processed (which must be of, or similar to, the kind which the facility is designed to process);...
the quantities of gas to be processed; and
that the gas is to be processed for a downstream purpose
Where a person gives notice under subsection (1C), he and the owner of the gas processing facility shall negotiate in good faith and endeavour to reach agreement on the application.
If the owner and the applicant do not reach any such agreement, the applicant may apply to the Authority for directions under this section which would secure to the applicant the right specified in the notice under subsection (1C).
the Authority shall not entertain such an application unless it is satisfied that the parties have had a reasonable time in which to fulfil their duties under subsection (1E).
Where an application is made under subsection (1F), it shall be the duty of the Authority—
to decide whether the application is to be adjourned (so as to enable ... further negotiations to take place), considered further or rejected;
to give notice of its decision to the applicant; and
in the case of a decision that the application is to be considered further, to give to the owner of the facility, to any person who has a right to have gas processed by the facility, and to the Health and Safety Executive, notice that the application is to be so considered and an opportunity of being heard about the matter.
Where, after further considering an application under subsection (1F), the Authority is satisfied that the giving of directions under this section would not prejudice the efficient operation of the facility, or the processing by the facility of—the Authority may give such directions to the owner of the facility.
the quantities of gas which the owner of the facility or any associate of the owner requires or may reasonably be expected to require to be processed by the facility for the purposes of any business carried on by him; and
the quantities of gas which any person who is not such an associate and has a right to have gas processed by the facility is entitled to require to be so processed in the exercise of that right,
Directions under this section may—
specify the terms on which the Authority considers the owner of the facility should enter into an agreement with the applicant for all or any of the following purposes—
for securing to the applicant the right to have processed by the facility, during the period specified in the directions and in the quantities so specified, gas which is of a kind so specified;
for securing that the exercise of that right is not prevented or impeded;
for regulating the charges which may be made for the processing of gas by virtue of that right;
for securing to the applicant such ancillary or incidental rights as the Authority considers necessary or expedient, which may include the right to have a pipe-line of his connected to the facility by the owner;
specify the sums or the method of determining the sums which the Authority considers should be paid by way of consideration for any such right; and
require the owner, if the applicant pays or agrees to pay those sums within a period specified in that behalf in the directions, to enter into an agreement with him on the terms so specified.
Sections 28 to 30F of the 1986 Act (enforcement of relevant requirements etc) apply in relation to the owner of a gas processing facility as if—
references to “a licence holder” were references to the owner of the facility; and
references to a “relevant requirement” were references to a requirement imposed on the owner under this section.
For the purposes of this section, gas is processed for “a downstream purpose” if it is processed with a view to its being put into a gas storage facility, an LNG import or export facility, a gas interconnector or a distribution system pipeline.
In this section—“authorised transporter” has the same meaning as in Part 1 of the 1986 Act;“distribution system operator” has the meaning given by Article 2(6) of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC;“distribution system pipeline” means a pipeline operated by an authorised transporter who is a distribution system operator;“gas” means any substance which is or (if it were in a gaseous state) would be gas within the meaning of Part I of the 1986 Act;“gas interconnector” has the same meaning as in Part 1 of the 1986 Act;“gas processing facility” means any facility which —carries out gas processing operations; is operated otherwise than by a gas transporter; and is not an LNG import or export facility;“gas processing operation” means any of the following operations, namely—purifying, blending, odorising or compressing gas for the purpose of enabling it to be introduced into a pipe-line system operated by a public gas transporter or to be conveyed to an electricity generating station, a gas storage facility or any place outside Great Britain; removing from gas for that purpose any of its constituent gases, or separating from gas for that purpose any oil or water; ... determining the quantity or quality of gas which is or is to be so introduced, or so conveyed, whether generally or by or on behalf of a particular person, separating, purifying, blending, odorising or compressing gas, for the purpose of—converting it into a form in which a purchaser is willing to accept delivery from a seller, or enabling it to be loaded for conveyance to another place (whether inside or outside Great Britain); and loading gas—at a facility which carries out operations of a kind mentioned in paragraph (d), or piped from such a facility, and for the purpose of enabling the gas to be conveyed to another place (whether inside or outside Great Britain); and “process”, in relation to gas, shall be construed accordingly;“gas storage facility” means a facility in Great Britain (including the territorial sea adjacent to Great Britain and the sea in any area designated under section 1(7) of the Continental Shelf Act 1964) for either or both of the following—the importation into Great Britain and regasification of liquid gas prior to its conveyance to a pipeline system operated by the holder of a licence under section 7 or section 7ZA of the 1986 Act, or the liquefaction of gas for the purpose of its export from Great Britain; and any activity, including temporary storage of gas or liquid gas, which is necessary for that importation, regasification or liquefaction;“LNG import or export facility” means a facility in Great Britain (including the territorial sea adjacent to Great Britain and the sea in any area designated under section 1(7) of the Continental Shelf Act 1964) for—the importation into Great Britain and regasification of liquid gas prior to its conveyance to a pipeline system operated by the holder of a licence under section 7 or section 7ZA of the 1986 Act, or the liquefaction of gas for the purpose of its export from Great Britain; and any activity, including temporary storage of gas or liquid gas, which is necessary for that importation, regasification or liquefaction;“main commercial conditions” means—such information as would enable a potential applicant for a right to have gas processed by a gas processing facility to make a reasonable assessment of the cost of, or the method of calculating the cost of, acquiring that right; the other significant terms on which such a right would be granted; and such other information as the Authority may from time to time specify by notice;“owner”, in relation to a gas processing facility, includes a lessee and any person occupying or having control of the facility;“pipe-line” has the same meaning as in the Pipe-lines Act 1962;“public gas transporter” has the same meaning as in Part I of the 1986 Act.“storage”, in relation to liquid gas in a gas storage facility, includes any liquefaction of gas or regasification of liquid gas ancillary to the storage of liquid gas, and “stored”, in relation to liquid gas in a gas storage facility, shall be construed accordingly;“the Authority” means the Gas and Electricity Markets Authority;
Subsections (1) to (3) of section 49 of the Pipe-lines Act 1962 (service of documents) shall apply for the purposes of this section as they apply for the purposes of that Act.
Section 91 of the Energy Act 2011 (meaning of “associate”) applies for the purposes of subsection (3) of this section as it applies for the purposes of section 82(7)(d) and (9)(a) of that Act.
In relation to any time before the appointed day, this section shall have effect as if for the words “public gas transporter”, in each place where they occur, there were substituted the words “public gas supplier”.
Supplemental
It shall be the duty of the Gas and Electricity Markets Authority, where either it considers it expedient or it is requested by the Secretary of State to do so, to give information, advice and assistance to the Secretary of State with respect to any matter in respect of which any function of the Secretary of State under this Act is exercisable.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.
In this Act—“the 1986 Act” means the Gas Act 1986;“the appointed day” means the day appointed under section 18(2) below.
The enactments and instrument specified in Schedule 4 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).
The Secretary of State may by order make such consequential modifications of any provision contained in any public general Act passed before the appointed day as appear to him necessary or expedient in respect of—
any reference in that provision to a public gas supplier;
any reference in that provision (in whatever terms) to a person carrying on a gas undertaking or to such an undertaking.
The Secretary of State may by order make such consequential modifications of any provision contained in—as appear to him necessary or expedient.
any Act passed before the appointed day which is not a public general Act; or
any subordinate legislation (within the meaning of the Interpretation Act 1978) made before that day,
An order under subsection (2) or (3) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The transitional provisions and savings contained in Schedule 5 to this Act shall have effect; but those provisions and savings are without prejudice to sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).
In that Schedule, unless the context otherwise requires, expressions which are also used in the 1986 Act have the same meanings as in that Act.
The Secretary of State may by order make such other transitional provisions and savings as appear to him necessary or expedient.
An order under subsection (3) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Gas Act 1995.
This Act, except—shall come into force on the appointed day, that is to say, such day as the Secretary of State may by order made by statutory instrument under this subsection appoint.
this section;
Without prejudice to section 13 of the Interpretation Act 1978 (anticipatory exercise of powers), any power conferred on the Secretary of State or the Director by a provision of this Act which comes into force by virtue of subsection (2) above may be exercised before the appointed day provided that nothing done in the exercise of that power has effect before that day.
Section 12 above shall come into force on such day as the Secretary of State may by order made by statutory instrument under this subsection appoint.
This Act, except—does not extend to Northern Ireland.
this section;
subsections (1) to (6) of section 11;
Other amendments of Part I of 1986 Act
Assignment of licences
After section 8 of the 1986 Act there shall be inserted the following section—
Modification or removal of certain limits
In subsection (1) of section 8A of the 1986 Act (modification or removal of the 25,000 therm limits), for the words “section 4(2)(d) or 8(5)(b) above or section 10(5) or 14(3) or (4)(b) below” there shall be substituted the words “ section 10(8) or (12) below, paragraph 4 of Schedule 2A to this Act or paragraph 4, 8 or 16 of Schedule 2B to this Act ”.
Subsections (3) and (4) of that section shall cease to have effect.
Powers and duties of public gas transporters
For section 9 of the 1986 Act there shall be substituted the following section—
Duty to connect certain premises
For section 10 of the 1986 Act there shall be substituted the following section—
Power to require security
For section 11 of the 1986 Act there shall be substituted the following section—
Methods of calculating therms
For section 12 of the 1986 Act there shall be substituted the following section—
Calorific values: tests of apparatus etc.
For section 13 of the 1986 Act there shall be substituted the following section—
Fixing of tariffs
Section 14 of the 1986 Act (fixing of tariffs) shall cease to have effect.
Determination of disputes
Section 14A of the 1986 Act (which is superseded by paragraph 26 below) shall cease to have effect.
Billing disputes
In subsection (2) of section 15A of the 1986 Act (billing disputes), for the words “public gas supplier and a tariff customer” there shall be substituted the words “ gas supplier and a domestic customer ”.
In subsection (8) of that section—
for the words “public gas supplier” there shall be substituted the words “ gas supplier ”; and
for the words “tariff customer” there shall be substituted the words “ domestic customer ”.
After subsection (9) of that section there shall be inserted the following subsection—
Promotion of efficient use of gas
Section 15B of the 1986 Act (which is superseded by paragraph 36 below) shall cease to have effect.
Standards of quality
For section 16 of the 1986 Act there shall be substituted the following section—
Meter testing and stamping
For section 17 of the 1986 Act there shall be substituted the following section—
Safety regulations
In subsection (2) of section 18 of the 1986 Act (safety regulations)—
in paragraph (a), after the words “gas fitting, or” there shall be inserted the words “ any part of the gas system on the premises, that is to say, ” and after the words “used for the” there shall be inserted the words “ conveyance or ”; and
in paragraph (c), for the words from “gas supply system” to the end there shall be substituted the words “ gas system on the premises, or disconnect the premises or, if the premises are not connected, to signify the refusal of the relevant authority to convey gas or, as the case may be, allow gas to be conveyed to the premises ”.
In subsection (4) of that section—
in paragraph (a), for the words “part of any gas supply system” there shall be substituted the words “ any part of any gas system ”;
in paragraph (b), for the words “restoring the supply of gas to any premises where it has been cut off” there shall be substituted the words “ reconnecting any premises which have been disconnected ”; and
in paragraph (c), for the word “supplied” there shall be substituted the word “ conveyed ” and for the words “give or, as the case may be, allow a supply” there shall be substituted the words “ convey gas or, as the case may be, allow gas to be conveyed ”.
In subsection (8) of that section, for paragraphs (a) and (b) there shall be substituted the words “ any reference to a gas operator were a reference to the relevant authority ”.
For subsection (9) of that section there shall be substituted the following subsections—
Gas escape regulations
After section 18 of the 1986 Act there shall be inserted the following section—
Acquisition of rights to use pipe-line systems
For section 19 of the 1986 Act there shall be substituted the following section—
Construction of pipe-lines
Section 20 of the 1986 Act (construction of pipe-lines) shall cease to have effect.
Increase of capacity etc. of pipe-lines
For subsection (1) of section 21 of the 1986 Act (increase of capacity etc. of pipe-lines) there shall be substituted the following subsection—
In subsection (2) of that section—
for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”;
for the words “for the purpose of defraying the cost of” there shall be substituted the words “ by way of consideration for ”; and
for the words “the supplier”, in both places where they occur, there shall be substituted the words “ the transporter ”.
In subsection (3) of that section, for the word “pipe-line”, in each place where it occurs, there shall be substituted the words “ pipe-line system ”.
After subsection (3) of that section there shall be inserted the following subsection—
After subsection (4) of that section there shall be inserted the following subsection—
Effect of directions as respects pipe-lines
In subsection (1) of section 22 of the 1986 Act (effect of directions), for the words “19, 20(4) or 21(1)” there shall be substituted the words “ 19 or 21(1) ”.
Construction of pipe-lines by public gas transporters
After section 22 of the 1986 Act there shall be inserted the following section—
Modification of licences by agreement
For section 23 of the 1986 Act there shall be substituted the following section—
Modification references to Monopolies Commission
For subsection (1) of section 24 of the 1986 Act (modification references to Monopolies Commission) there shall be substituted the following subsections—
In subsection (3) of that section, for the words “conditions of the authorisation” there shall be substituted the words “ relevant conditions ”.
In subsection (4) of that section, for the words “the public gas supplier” there shall be substituted the words “ the holder of the licence or, as the case may be, the relevant licence holders ”.
After subsection (4) of that section there shall be inserted the following subsection—
In subsection (6) of that section, for the words “section 4” there shall be substituted the words “ sections 4 and 4A(1) and (2) ”.
After subsection (7) of that section there shall be inserted the following subsection—
Reports on modification references
In subsection (1)(c) of section 25 of the 1986 Act (reports on modification references), for the words “the conditions of the authorisation” there shall be substituted the words “ the relevant conditions ”.
In subsection (2) of that section, for the words “public gas supplier” there shall be substituted the words “ holder of the licence or, as the case may be, any of the relevant licence holders ”.
In paragraph (a) of subsection (5) of that section, for the words “such a report, send a copy of it to the public gas supplier” there shall be substituted the words “ a report on a reference under section 24(1) above, send a copy of it to the licence holder ”.
After that subsection there shall be inserted the following subsection—
In subsection (6) of that section—
after the words “subsection (5)” there shall be inserted the words “ or (5A) ”; and
for the words from “the copy of the report” to the end there shall be substituted the words “ the copy of the report, or (as the case may be) each copy of the report, to be sent and published as mentioned in paragraph (b) of that subsection ”.
Modification following report
In subsection (1) of section 26 of the 1986 Act (modification following report), for the words “the conditions of the authorisation”, in both places where they occur, there shall be substituted the words “ the relevant conditions ”.
After that subsection there shall be inserted the following subsection—
In subsection (4) of that section, for the words “public gas supplier” there shall be substituted the words “ holder of the licence or, as the case may be, the relevant licence holders, to the Health and Safety Executive ”.
After that subsection there shall be inserted the following subsection—
Modification by order under other enactments
For section 27 of the 1986 Act there shall be substituted the following section—
Determination of certain disputes
After section 27 of the 1986 Act there shall be inserted the following section—
Orders for securing compliance with certain provisions
In subsections (1), (2) and (4) of section 28 of the 1986 Act (orders for securing compliance with certain provisions), for the words “public gas supplier” there shall be substituted the words “ licence holder ”.
In subsection (5) of that section—
for the words “section 4” there shall be substituted the words “ section 4 or 4A ”;
for the words “public gas supplier” there shall be substituted the words “ licence holder ”; and
for the word “supplier”, in the second place where it occurs, there shall be substituted the words “ licence holder ”.
In subsections (6) and (7) of that section, for the words “public gas supplier” there shall be substituted the words “ licence holder ”.
After subsection (7) of that section there shall be inserted the following subsection—
In subsection (8) of that section—
in the definition of “relevant condition”, for the words “public gas supplier” there shall be substituted the words “ licence holder ” and for the word “authorisation” there shall be substituted the word “ licence ”; and
for the definition of “relevant requirement” there shall be substituted the following definition—
After that subsection there shall be inserted the following subsection—
Procedural requirements
In subsections (2) to (4), (6) and (7) of section 29 of the 1986 Act (procedural requirements), for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ licence holder ”.
Validity and effect of orders
In subsection (1) of section 30 of the 1986 Act (validity and effect of orders), for the words “public gas supplier” there shall be substituted the words “ licence holder ”.
For subsection (2) of that section there shall be substituted the following subsection—
Duty of Director to investigate certain matters
In subsections (1) and (2) of section 31 of the 1986 Act (duty of Director to investigate certain matters), for the words “an enforcement matter” there shall be substituted the words “ a reserved matter ”.
For subsection (3) of that section there shall be substituted the following subsections—
Duty of Council to investigate certain matters
For subsection (2) of section 32 of the 1986 Act (duty of Council to investigate certain matters) there shall be substituted the following subsection—
In subsections (3) and (5) of that section, the words “paragraph (a) of” shall cease to have effect.
In subsection (4) of that section, the word “already” shall cease to have effect.
Subsections (6) and (7) of that section shall cease to have effect.
Preliminary investigation by Council of certain disputes
In subsection (1) of section 32A of the 1986 Act (preliminary investigation by Council of certain disputes), for the words “section 14A” there shall be substituted the words “ section 27A ”.
Power of Council to investigate other matters
In subsection (2) of section 33 of the 1986 Act (power of Council to investigate other matters), for the words “public gas suppliers” there shall be substituted the words “ gas suppliers ”.
In subsection (3) of that section, the words “but nothing in this subsection shall require the Council to send any such copy to the Director” shall cease to have effect.
After that subsection there shall be inserted the following subsection—
Standards of performance in individual cases
In subsection (1) of section 33A of the 1986 Act (standards of performance in individual cases), for the words “public gas suppliers to tariff customers” there shall be substituted the words “ gas suppliers to domestic customers ”.
In subsection (2) of that section, for the words “the public gas suppliers” there shall be substituted the words “ gas suppliers ”.
In subsection (3) of that section—
for the words “public gas suppliers”, in each place where they occur, there shall be substituted the words “ gas suppliers ”;
for the words “tariff customers” there shall be substituted the words “ domestic customers ”; and
at the beginning of paragraph (d) there shall be inserted the words “ if the Director is of the opinion that the differences are such that no gas supplier would be unduly disadvantaged in competing with other gas suppliers, ”.
In subsection (4) of that section—
for the words “public gas supplier” there shall be substituted the words “ gas supplier ”; and
for the words “tariff customer” there shall be substituted the words “ domestic customer ”.
Subsections (10) and (11) of that section shall cease to have effect.
Overall standards of performance
In subsection (1) of section 33B of the 1986 Act (overall standards of performance), for the words “public gas suppliers” there shall be substituted the words “ gas suppliers ”.
In subsection (2) of that section, for the words “the public gas suppliers” there shall be substituted the words “ gas suppliers ”.
For subsection (3) of that section there shall be substituted the following subsections—
In subsection (4) of that section, for the words “public gas supplier” there shall be substituted the words “ gas supplier ”.
Standards for promoting efficient use of gas
After section 33B of the 1986 Act there shall be inserted the following section—
Information with respect to levels of performance
In subsection (1) of section 33C of the 1986 Act (information with respect to levels of performance), for the words “public gas suppliers”, in each place where they occur, there shall be substituted the words “ gas suppliers ”.
In subsection (2) of that section—
for the words “public gas supplier” there shall be substituted the words “ gas supplier ”; and
for the words “section 15B or 33B” there shall be substituted the words “ section 33B or 33BB ”.
In subsection (3) of that section, for the words “public gas supplier” there shall be substituted the words “ gas supplier ”.
In subsection (4) of that section, for the words “public gas suppliers” there shall be substituted the words “ gas suppliers ”.
Information to be given to customers about overall performance
In subsection (1) of section 33D of the 1986 Act (information to be given to customers about overall performance), for the words “public gas supplier” there shall be substituted the words “ gas supplier ”.
After subsection (2) of that section there shall be inserted the following subsection—
Procedures for dealing with complaints
In subsection (1) of section 33E of the 1986 Act (procedures for dealing with complaints)—
for the words “public gas supplier” there shall be substituted the words “ gas supplier who is authorised to supply gas to domestic customers and whose licence incorporates the standard conditions ”; and
for the words “tariff customers or potential tariff customers” there shall be substituted the words “ domestic customers or potential domestic customers ”.
In subsections (2), (3), (4) and (6) of that section, for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ gas supplier ”.
General functions of Director
In subsection (1) of section 34 of the 1986 Act (general functions of Director), for the words “activities connected with the supply of gas through pipes” there shall be substituted the following paragraphs—
In subsection (2) of that section, for the words “the supply of gas through pipes, and the persons providing such supplies” there shall be substituted the following paragraphs—.
In subsection (4) of that section, after the words “function of the Director” there shall be inserted the words “ or the Secretary of State. ”
After that subsection there shall be inserted the following subsection—
Publication of information and advice
In subsection (1) of section 35 of the 1986 Act (publication of information and advice), for the words “tariff customers and potential tariff customers of public gas suppliers” there shall be substituted the words “ customers and potential customers of gas suppliers ”.
Keeping of register
In subsection (1) of section 36 of the 1986 Act (keeping of register)—
for the words “section 6 above” there shall be substituted the words “ paragraph 5 of Schedule 2A to this Act ”; and
In subsection (2) of that section—
for the words “section 6 above” there shall be substituted the words “ paragraph 5 of Schedule 2A to this Act ”;
after the words “particular class” there shall be inserted the words “ and every direction under subsection (5) of that section ”;
for the words “such an authorisation” there shall be substituted the words “ such a licence ”.
Functions with respect to competition
After section 36 of the 1986 Act there shall be inserted the following section—
Functions with respect to gas measuring equipment etc.
After section 36A of the 1986 Act there shall be inserted the following section—
Maximum prices for reselling gas
For section 37 of the 1986 Act there shall be substituted the following section—
Power to require information etc.
In subsection (1) of section 38 of the 1986 Act (power to require information etc.)—
for the words “public gas supplier” there shall be substituted the words “ licence holder ”; and
the words from “but no person” to the end shall cease to have effect.
After that subsection there shall be inserted the following subsections—
In subsections (2) and (4) of that section, after the words “subsection (1)” there shall be inserted the words “ or (1A) ”.
Duty to consider representations and give reasons
After section 38 of the 1986 Act there shall be inserted the following section—
Annual and other reports
After subsection (2) of section 39 of the 1986 Act (annual and other reports) there shall be inserted the following subsection—
General duty of Council to advise Director
In section 40 of the 1986 Act (general duty of Council to advise Director), the words “which relates to tariff customers and” shall cease to have effect.
General restrictions on disclosure of information
After subsection (1) of section 42 of the 1986 Act (general restrictions on disclosure of information) there shall be inserted the following subsections—
After subsection (3) of that section there shall be inserted the following subsection—
Making of false statements etc.
After subsection (1) of section 43 of the 1986 Act (making of false statements etc.) there shall be inserted the following subsection—
Service of notices etc.
In subsection (1) of section 46 of the 1986 Act (service of notices etc.), the words “Subject to subsection (2) below” shall cease to have effect.
For subsections (2) and (3) of that section there shall be substituted the following subsections—
Provisions as to regulations
In subsection (3) of section 47 of the 1986 Act (provisions as to regulations)—
for paragraph (aa) there shall be substituted the following paragraph—and
in paragraph (b), after the words “the Secretary of State” there shall be inserted the words “ or, as the case may be, the Director ”.
In subsection (5) of that section, after the words “the Secretary of State” there shall be inserted the words “ , the Director ”.
For subsection (7) of that section there shall be substituted the following subsection—
Interpretation of Part I and savings
In subsection (1) of section 48 of the 1986 Act (interpretation of Part I and savings)—
in the definition of “authorised area”, for the word “supplier” there shall be substituted the word “ transporter ”;
in the definition of “distribution main”, for the word “supplier”, in each place where it occurs, there shall be substituted the word “ transporter ”;
after that definition there shall be inserted the following definition—;
after the definition of “gas fittings” there shall be inserted the following definition—;
after the definition of “kilowatt hour” there shall be inserted the following definitions—;
after the definition of “notice” there shall be inserted the following definitions—
in the definition of “prescribed”, for the words “(except in section 33A above)” there shall be substituted the words “ made, unless the context otherwise requires, by the Secretary of State ”;
for the definition of “public gas supplier” there shall be substituted the following definition—;
the definition of “regulations” shall cease to have effect;
immediately before the definition of “subsidiary” there shall be inserted the following definitions—and
the definition of “tariff customer” shall cease to have effect.
After subsection (1) of that section there shall be inserted the following subsection—
In subsection (2) of that section, for paragraphs (a) and (b) there shall be substituted the words “ to the supply of gas (directly or indirectly) to a public gas transporter, gas supplier or gas shipper ”.
For subsection (3) of that section there shall be substituted the following subsections—
The Director General of Gas Supply
In paragraph 10 of Schedule 1 to the 1986 Act (the Director General of Gas Supply), after the words “the Director”, in the first place where they occur, there shall be inserted the words “ (other than the making of a statutory instrument) ”.
Acquisition of land by public gas transporters
In Schedule 3 to the 1986 Act (acquisition of land by public gas suppliers)—
for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ public gas transporter ”;
for the words “public gas supplier’s”, in each place where they occur, there shall be substituted the words “ public gas transporter’s ”; and
for the words “the supplier”, in each place where they occur, there shall be substituted the words “ the transporter ”.
Power of public gas transporters to break up streets, bridges etc.
In Schedule 4 to the 1986 Act (power of public gas suppliers to break up streets, bridges etc.)—
for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ public gas transporter ”; and
for the words “the supplier”, in each place where they occur, there shall be substituted the words “ the transporter ”.
In sub-paragraph (1) of paragraph 1 of that Schedule, for the words from “placing in” to the end there shall be substituted the following paragraphs—
After sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraphs—
In paragraph 3(2) of that Schedule, for the words “giving a supply of” there shall be substituted the word “ conveying ”.
Minor and consequential amendments
Interpretation
In this Schedule “public gas transporter” has the same meaning as in Part I of the 1986 Act.
Enactments relating to statutory undertakers etc.
A public gas transporter shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—
the Public Health Act 1925;
the Public Health Act 1936;
the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
section 4 of the Requisitioned Land and War Works Act 1948;
the National Parks and Access to the Countryside Act 1949;
the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;
the Landlord and Tenant Act 1954;
the Opencast Coal Act 1958;
the Flood Prevention (Scotland) Act 1961;
section 17(10) of the Public Health Act 1961;
the Pipe-lines Act 1962;
Schedule 3 to the Harbours Act 1964;
section 40 of the Forestry Act 1967;
section 50 of the Agriculture Act 1967;
sections 38 and 66 of the Countryside (Scotland) Act 1967;
the New Towns (Scotland) Act 1968;
section 22 of the Sewerage (Scotland) Act 1968;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 51 of the Land Compensation Act 1973;
section 47 of the Land Compensation (Scotland) Act 1973;
section 73 of the Control of Pollution Act 1974;
the Welsh Development Agency Act 1975;
sections 15(3) and 26 of the Local Government (Miscellaneous Provisions) Act 1976;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 9(3) of the Inner Urban Areas Act 1978;
the Ancient Monuments and Archaeological Areas Act 1979;
Part XVI and section 120 of the Local Government, Planning and Land Act 1980;
the Highways Act 1980;
the New Towns Act 1981;
the Acquisition of Land Act 1981;
the Civil Aviation Act 1982;
section 30 of the Local Government (Miscellaneous Provisions) Act 1982;
the Roads (Scotland) Act 1984;
the Building Act 1984;
section 296 of the Housing Act 1985;
section 21 of the Road Traffic Act 1988.
section 9 of the Enterprise and New Towns (Scotland) Act 1990;
section 7(5) of the Natural Heritage (Scotland) Act 1991.
References to public gas suppliers in the following enactments shall have effect as references to a public gas transporter, namely—
section 17(1)(b) of the Requisitioned Land and War Works Act 1945;
the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958;
section 7A(4)(b)(ii) of the Mines (Working Facilities and Support) Act 1966;
section 109(2)(d) of the Transport Act 1968;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sections 73(11)(c) and 74(11)(b) of the Highways Act 1980;
section 48(6)(c) of the Civil Aviation Act 1982;
paragraph 3 of Schedule 5 to the Road Traffic Regulation Act 1984;
section 80(3)(b) of the Building Act 1984;
section 91 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
section 39 of the Planning (Hazardous Substances) Act 1990;
section 52(1) of the Coal Mining Subsidence Act 1991;
section 209(3)(b) of and paragraph 1(5)(e) of Schedule 13 to the Water Industry Act 1991;
section 208(3)(b) of and paragraph 1(4)(e) of Schedule 22 to the Water Resources Act 1991;
paragraph 1(1)(e) of Schedule 6 to the Land Drainage Act 1991.
The reference in Schedule 4 to the Public Health Act 1961 to gas undertakers shall have effect as a reference to a public gas transporter.
References in the Landlord and Tenant Act 1927 to a statutory company shall be deemed to include references to a public gas transporter.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References to public utility undertakers in the Highways Act 1980 shall be deemed to include references to a public gas transporter.
Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) shall apply to a public gas transporter for the purposes of any works carried out by him.
The reference in section 82(4) of the Building Act 1984 (provisions with respect to demolition orders) to a person authorised by an enactment to carry on an undertaking for the supply of gas shall be construed as a reference to a public gas transporter.
References to public undertakers in section 125(7) of, and paragraphs 9 and 10 of Schedule 8 to, the Housing (Scotland) Act 1987 shall be deemed to include references to a public gas transporter.
In the following enactments, namely—
section 39 of the Opencast Coal Act 1958;
paragraph 2 of Schedule 6 to the Gas Act 1965;
the New Towns (Scotland) Act 1968;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Welsh Development Agency Act 1975;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the New Towns Act 1981;
section 9 of the Enterprise and New Towns (Scotland) Act 1990;
section 7(5) of the Natural Heritage (Scotland) Act 1991,“the appropriate Minister”, in relation to a public gas transporter, shall mean the Secretary of State for Trade and Industry.
In the following enactments, namely—
the Pipe-lines Act 1962;
Schedule 3 to the Harbours Act 1964;
section 121 of the Highways Act 1980; and
the Acquisition of Land Act 1981,“the appropriate Minister”, in relation to a public gas transporter, shall mean the Secretary of State.
Public Health Act 1936 (c.49)
In section 229 of the Public Health Act 1936 (power of statutory undertakers to supply water, gas or electricity to baths etc. on favourable terms), the word “gas”, in both places where it occurs, shall cease to have effect.
Statistics of Trade Act 1947 (c.39)
In relation to gas, subsection (5)(b) of section 9 of the Statistics of Trade Act 1947 (restriction on disclosure of information obtained under that Act) shall have effect as if the references to the total quantity or value of any articles produced, sold or delivered included a reference to each of the following, that is to say—
the total quantity or value of gas which is supplied in Great Britain;
the total quantity or value of gas which in Great Britain is supplied—
for the same purposes, or for different purposes but in similar quantities;
to premises appearing to the Secretary of State to be of the same description; or
on terms appearing to the Secretary of State to be similar as respects continuity of supply;
the total quantity of gas which in Great Britain is conveyed or shipped to premises for supply purposes, or is stored; and
the total quantity of gas which in Great Britain is conveyed or shipped to or from, or is stored in, facilities or pipe-line systems appearing to the Secretary of State to be of the same description.
If different areas of Great Britain are specified for any purposes of this paragraph by order made by the Secretary of State, this paragraph shall have effect for those purposes as if any reference to Great Britain included a reference to each of those areas.
An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this paragraph—“convey” means convey through pipes;“for supply purposes”, in relation to any conveyance or shipment of gas to any premises, means with a view to the gas being supplied to the premises, or being used in the premises by the holder of a licence under section 7A(2) of the 1986 Act;“gas” and “public gas transporter” have the same meanings as in Part I of the 1986 Act;“store” means store in, or in a facility which is connected (directly or indirectly) to, a pipe-line system operated by a public gas transporter;“supply”, in relation to gas, means supply to premises to which the gas has been conveyed, other than supply (directly or indirectly) to a public gas transporter, gas supplier or gas shipper.
For the purposes of this paragraph—
gas is shipped if, in pursuance of arrangements made with a public gas transporter, it is introduced into, conveyed by means of or taken out of a pipe-line system operated by that transporter; and
any reference to the shipment of gas to any premises, or to or from any facilities or pipe-line systems, shall be construed accordingly.
Rights of Entry (Gas and Electricity Boards) Act 1954 (c.21)
In subsection (2) of section 1 of the Rights of Entry (Gas and Electricity Boards) Act 1954 (restriction on exercise of rights of entry), for the words “public gas supplier” there shall be substituted the words “ gas operator ”.
In subsection (1) of section 2 of that Act—
in paragraph (a), for the words “public gas supplier” there shall be substituted the words “ gas operator ”;
in that paragraph, after the words “a supplier” there shall be inserted the words “ or operator ”; and
for the words “the supplier or his employee”, in both places where they occur, there shall be substituted the words “ the operator or supplier or any employee of the operator or supplier ”.
In paragraph (a) of subsection (3) of that section, for the words “public gas supplier” there shall be substituted the words “ gas operator ”.
In section 3 of that Act—
for the definition of “employee” there shall be substituted the following definition—and
for the definition of “public gas supplier” there shall be substituted the following definition—.
Pipe-lines Act 1962 (c.58)
In section 58(1) of the Pipe-lines Act 1962 (exclusion of application of Act to pipe-lines of certain statutory bodies), for paragraph (a) there shall be substituted the following paragraph—
After that section there shall be inserted the following sections—
Gas Act 1965 (c.36)
In Part II of the Gas Act 1965 for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “ public gas transporter ”.
In subsection (2) of section 32 of that Act, for the words “public gas supplier” there shall be substituted the words “public gas transporter”.
In paragraph 14(1) of Schedule 2 to that Act, for the words “public gas suppliers” there shall be substituted the words “ public gas transporters ”.
Local Government (Scotland) Act 1966 (c.51)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Post Office Act 1969 (c.48)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health and Safety at Work etc. Act 1974 (c.37)
Part I of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) shall have effect as if section 58A of the Pipe-lines Act 1962 and section 22A(1)(c) of and paragraphs 17, 20 and 21 of Schedule 2B to the 1986 Act—
were existing statutory provisions within the meaning of Part I of the 1974 Act; and
were specified in the third column of Schedule 1 to that Act.
Without prejudice to the generality of subsection (1) of section 15 of the 1974 Act (health and safety regulations), regulations under that section may repeal or modify any of the provisions mentioned in sub-paragraph (1) above.
Nothing in sub-paragraph (1) above shall affect the operation of section 18 of the 1974 Act (enforcement of relevant statutory provisions) in relation to any time before such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
Energy Act 1976 (c.76)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (2) of section 12 of that Act (disposal of gas by flaring, etc), for the words “except gas supplied by a public gas supplier” there shall be substituted the words “ except gas conveyed through pipes to premises by a public gas transporter ”.
Water (Scotland) Act 1980 (c.45)
In paragraph (c) of the proviso to section 36 of Schedule 4 to the Water (Scotland) Act 1980 (provisions to be incorporated in orders relating to water undertakings), for the words—
“gas undertakers” there shall be substituted the words “ public gas transporter (within the meaning of Part I of the Gas Act 1986) ”; and
“those undertakers” there shall be substituted the words “ such public gas transporter ”.
Bankruptcy (Scotland) Act 1985 (c.66)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insolvency Act 1986 (c.45)
For paragraph (a) of subsection (3) of section 233 of the Insolvency Act 1986 (supplies of gas, water, electricity etc.) there shall be substituted the following paragraph—.
Paragraph (a) of subsection (5) of that section shall cease to have effect.
For paragraph (a) of subsection (4) of section 372 of that Act (supplies of gas, water, electricity etc.) there shall be substituted the following paragraph—.
Paragraph (a) of subsection (5) of that section shall cease to have effect.
Consumer Protection Act 1987 (c.43)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph (c) of subsection (7) of section 11 of that Act (safety regulations), for the words “section 6, 7 or 8” to the end there shall be substituted the following words “ section 7A of the Gas Act 1986 (licensing of gas suppliers and gas shippers) or paragraph 5 of Schedule 2A to that Act (supply to very large customers an exception to prohibition on unlicensed activities). ”
Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22)
In paragraph 8 of Schedule 5 to the Road Traffic (Driver Licensing and Information Systems) Act 1989 (driver information systems: undertakers’ works)—
in the definition of “relevant undertaker”, for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”; and
in the definition of “undertaker’s works”, for the words “supplying gas as a public gas supplier” there shall be substituted the words “ conveying gas as a public gas transporter ”.
Electricity Act 1989 (c.29)
In paragraph 3 of Schedule 4 to the Electricity Act 1989 (other powers etc. of licence holders)—
in sub-paragraph (1)(b), for the words “under the control of a public gas supplier” there shall be substituted the words “ operated by a public gas transporter ”;
in sub-paragraph (2), for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”.
In sub-paragraph (1)(a) of paragraph 4 of that Schedule, for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”.
In paragraph 12 of that Schedule, for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”.
Town and Country Planning Act 1990 (c.8)
In section 252 of the Town and Country Planning Act 1990 (procedure for making orders)—
in paragraph (b) of subsection (2), for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”;
in subsection (4), for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”; and
in subsection (5), for the word “supplier” there shall be substituted the word “ transporter ”.
In subsection (3) of section 262 of that Act (meaning of “statutory undertakers”), for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”.
In subsection (2) of section 265 of that Act (meaning of “the appropriate Minister”), for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”.
In subsection (1) of section 336 of that Act (interpretation), for the words “public gas supplier” there shall be substituted the words “ public gas transporter ”.
Enterprise and New Towns (Scotland) Act 1990 (c.35)
In section 9(5) of the Enterprise and New Towns (Scotland) Act 1990 (powers of entry: meanings of certain expressions), for the words “Schedule 7 to the Gas Act 1986” there shall be substituted the words “ Schedule 4 to the Gas Act 1995 ”.
Natural Heritage (Scotland) Act 1991 (c.28)
In section 7 of the Natural Heritage (Scotland) Act 1991 (powers of entry)—
in subsection (5), the words from “(within” to the end shall cease to have effect; and
after subsection (5) there shall be inserted—.
Central Rating Lists Regulations 1994 (S.I. 1994/3121)
In Part 3 of the Schedule to the Central Rating Lists Regulations 1994, for the words “public gas supplier”, in both places where they occur, there shall be substituted the words “ public gas transporter ”.
Transitional provisions and savings
Public gas suppliers’ authorisations
Preliminary
The provisions of this Part of this Schedule have effect as respects each person who is a public gas supplier immediately before the appointed day (in this Part of this Schedule referred to as “the public gas supplier”) for the purpose of securing that his authorisation under section 7 of the 1986 Act has effect on and after that day as if it were—
a licence under that section (licensing of public gas transporters) granted to one of the persons mentioned in sub-paragraph (2) below;
a licence under subsection (1) of section 7A of that Act (licensing of gas suppliers) granted to the other of those persons; and
a licence under subsection (2) of that section (licensing of gas shippers) granted to the person mentioned in paragraph (b) above.
The persons referred to in sub-paragraph (1) above are—
the public gas supplier; and
such one of his associates as may be nominated by him for the purposes of this sub-paragraph (in this Part of this Schedule referred to as the nominated associate).
For the purposes of this paragraph a company is an associate of the public gas supplier if—
the company is registered under the Companies Act 1985 and is limited by shares; and
either the company is wholly owned by the supplier or the supplier is wholly owned by the company.
Duty of public gas supplier to nominate associates and make transfer scheme
Before such date as the Secretary of State may direct, the public gas supplier shall—
make such nomination as he thinks fit for the purposes of sub-paragraph (2) of paragraph 1 above; and
make a scheme for the division of all his property, rights and liabilities between the persons mentioned in that sub-paragraph.
Such a scheme may—
define the property, rights and liabilities to be allocated to the nominated associate—
by specifying or describing the property, rights and liabilities in question;
by referring to all (or all but as much as may be excepted) of the property, rights and liabilities comprised in a specified part of the public gas supplier’s undertaking; or
partly in the one way and partly in the other;
provide that any rights or liabilities specified or described in the scheme shall be enforceable either by or against either, or by or against both, of the persons mentioned in paragraph 1(2) above;
impose on either of those persons an obligation to enter into such written agreements with, or execute such other instruments in favour of, the other of those persons as may be specified in the scheme; and
make such supplemental, incidental and consequential provision as the supplier considers appropriate.
Without prejudice to the generality of sub-paragraph (2)(d) above, such a scheme may, in relation to transfers or transactions effected in pursuance of the scheme, make provision, either generally or for specified purposes—
for the transfers or transactions to be regarded as taking place in a specified order; and
for the nominated associate to be treated as the same person in law as the public gas supplier.
An obligation imposed by a provision included in such a scheme by virtue of sub-paragraph (2)(c) above shall be enforceable by civil proceedings by the other person for an injunction or for interdict or for any other appropriate relief or remedy.
A transaction of any description which is effected in pursuance of such a provision as is mentioned in sub-paragraph (4) above—
shall have effect subject to the provisions of any enactment which provides for transactions of that description to be registered in any statutory register; but
subject to that, shall be binding on all other persons, notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person.
Where a lease of any land is granted in pursuance of such a provision as is mentioned in sub-paragraph (4) above, any right of pre-emption or other like right affecting that land—
shall not become exercisable by reason of the grant of the lease; but
shall have effect as if the lessee were the same person in law as the lessor.
Functions of Secretary of State in relation to nominations and transfer scheme
If the public gas supplier fails, before the date specified in the Secretary of State’s direction under paragraph 2 above, to make a nomination for the purposes of sub-paragraph (2) of paragraph 1 above, the Secretary of State may himself make a nomination for the purposes of that sub-paragraph.
A scheme under paragraph 2 above shall not take effect unless it is approved by the Secretary of State; and the Secretary of State may if he thinks fit, before approving such a scheme, make such modifications of the scheme as he considers appropriate for the purpose of securing that the scheme makes such provision, and only such provision, as he considers requisite or expedient for the purposes of this Part of this Schedule.
If, in relation to such a scheme—the Secretary of State may himself make the scheme.
the public gas supplier fails, before the date specified in the Secretary of State’s direction under paragraph 2 above, to submit the scheme for the approval of the Secretary of State; or
the Secretary of State decides not to approve the scheme that has been submitted to him by the supplier because (even with modifications) it would not make such provision, and only such provision, as he considers requisite or expedient for the purposes of this Part of this Schedule,
Duty of Secretary of State to make licensing scheme
As soon as practicable after the date specified in the Secretary of State’s direction under paragraph 2 above and in any event before the appointed day, the Secretary of State shall make a scheme providing for the public gas supplier’s authorisation under section 7 of the 1986 Act to have effect as mentioned in paragraph 1(1) above.
In making a scheme under this paragraph, the Secretary of State shall have regard to the provisions of the scheme made under paragraph 2 above.
Subject to sub-paragraph (4) below, a scheme under this paragraph shall provide that each condition which by virtue of section 8(2) of this Act is a standard condition for the purposes of—shall be incorporated in the licence treated as granted under that section or, as the case may be, the licence treated as granted under that subsection.
licences under section 7 of the 1986 Act;
licences under subsection (1) of section 7A of that Act; or
licences under subsection (2) of that section,
Such a scheme may provide that each licence which is treated as so granted (including the terms and conditions which are derived from the authorisation and the standard conditions which are incorporated by virtue of sub-paragraph (3) above) shall have effect with—and such a scheme may also make such transitional provision as appears to the Secretary of State to be necessary or expedient.
such incidental, consequential and supplementary amendments as appear to the Secretary of State to be necessary or expedient;
such amendments as the Secretary of State thinks fit for varying the period of notice required for the revocation of the licence in accordance with any term contained in it; and
such other amendments (if any) as may be agreed between the Secretary of State and the public gas supplier;
As soon as practicable after making a scheme under this paragraph, the Secretary of State shall publish the text of each licence which by virtue of the scheme is treated as granted under section 7 or 7A(1) or (2) of the 1986 Act; and any text so published shall be treated as authoritative unless the contrary is shown.
Information etc. for purposes of Secretary of State’s functions
It shall be the duty of the public gas supplier to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by paragraph 3 or paragraph 4(1) to (4) above.
The Secretary of State shall not exercise any function conferred on him by paragraph 3 or paragraph 4(1) to (4) above except after consultation with the public gas supplier.
Effect of schemes
Subject to the provisions of paragraph 7 below, on the appointed day all property, rights and liabilities—shall become by virtue of this paragraph property, rights and liabilities of that associate.
to which immediately before that day the public gas supplier was entitled or subject; and
which are allocated to the nominated associate by the scheme under paragraph 2 above,
On the appointed day the public gas supplier’s authorisation under section 7 of the 1986 Act shall have effect as provided for by the scheme under paragraph 4 above.
Supplementary provisions as to transfers
The provisions of Schedule 10 to the Electricity Act 1989 (supplementary provisions as to transfers under sections 66 and 67 of that Act) shall apply—to any transfer which is effected by paragraph 6 above; and that paragraph shall have effect subject to those provisions as so modified.
with the modifications made by sub-paragraph (2) below; and
to the extent mentioned in those provisions as modified by that sub-paragraph,
The provisions of that Schedule shall apply as if—
paragraphs 2(4) and (5), 3 and 6(2), and in paragraphs 4(4)(b) and 8(1) and (2) the words “or of a direction under paragraph 2(4) above”, were omitted;
any reference to transfers effected in pursuance of a transfer scheme were references to transfers effected by paragraph 6 above in pursuance of the scheme under paragraph 2 above;
any reference to the transferor were a reference to the public gas supplier;
any reference to a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking were a reference to a transfer of all (or all but as much as may be excepted) of the property, rights and liabilities comprised in a specified part of the supplier’s undertaking;
any reference to the transferee of a specified part or any other part of the transferor’s undertaking were a reference to a transferee of a specified part or any other part of the supplier’s undertaking; and
any reference to the transfer date were a reference to the appointed day.
For the purposes of sub-paragraphs (1) and (2)(b), (d) and (e) above, any property, rights or liabilities retained by the public gas supplier in pursuance of the scheme under paragraph 2 above shall be deemed to be transferred to the supplier by paragraph 6 above in pursuance of the scheme.
Shares issued to public gas supplier by transferee
Any shares issued to the public gas supplier by the transferee in pursuance of the scheme under paragraph 2 above—
shall be of such nominal value as may be specified in or determined under the scheme;
shall be issued or allotted on such terms as may be so specified or determined; and
shall be issued as fully paid and treated for the purposes of the Companies Act 1985 as if they had been paid up by virtue of the payment to the transferee in cash of their nominal value and, if the scheme so provides, such premium as may be so specified or determined.
Statutory accounts
This paragraph has effect for the purposes of any statutory accounts of the transferee, that is to say, any accounts prepared by the transferee for the purpose of any provision of the Companies Act 1985 (including group accounts).
Subject to sub-paragraph (3) below, the value or amount to be assigned to any asset or liability which is vested in the transferee by virtue of paragraph 6 above shall be—
the value or amount (if any) assigned to the asset or liability for the purposes of the corresponding statement of accounts prepared by the public gas supplier in respect of the last complete accounting year of the supplier to end before the appointed day; or
if the asset or liability is part only of an asset or liability to which a value or amount is so assigned, so much of that value or amount as may be determined by or under the scheme under paragraph 2 above; or
if no value or amount is given by paragraph (a) or (b) above or the value or amount so given is inappropriate in all the circumstances of the case, such value or amount as may be determined, on the basis of the supplier’s accounting records, by or under that scheme.
The amount to be included in respect of any item shall be determined as if so much of anything done by the public gas supplier (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) as may be determined by or under the scheme under paragraph 2 above had been done by the transferee.
Without prejudice to the generality of the preceding provisions of this paragraph, the amount to be included from time to time in any reserves of the transferee as representing the transferee’s accumulated realised profits shall be determined as if such proportion of any profits realised and retained by the public gas supplier as is determined by or under the scheme under paragraph 2 above had been realised and retained by the transferee.
In this paragraph, in relation to the public gas supplier—“accounting records” means accounting records kept by the supplier in pursuance of section 221 of the Companies Act 1985;“complete accounting year” means a financial year of the supplier determined in accordance with section 223 of that Act.
Corporation tax
Any shares issued to the public gas supplier by the transferee in pursuance of the scheme under paragraph 2 above shall be treated for the purposes of the Corporation Tax Acts as if they had been issued wholly in consideration of a subscription paid to the transferee (and attributable equally between those shares) of an amount equal to the difference between—
the value, on the appointed day, of the property, rights and liabilities vested in the transferee by paragraph 6 above; and
the principal sum payable under any debentures issued to the supplier by the transferee in pursuance of the scheme.
The value required to be determined for the purposes of sub-paragraph (1)(a) above is market value, as defined in section 272 of the Taxation of Chargeable Gains Act 1992.
Any debenture issued to the public gas supplier by the transferee in pursuance of the scheme under paragraph 2 above shall be treated for the purposes of the Corporation Tax Acts as if it had been issued—
wholly in consideration of a loan made to the transferee of an amount equal to the principal sum payable under the debenture; and
wholly and exclusively for the purposes of the trade or business carried on by the transferee.
For the purposes of Chapter II of Part VI of the Income and Corporation Taxes Act 1988 (definition of distributions), where in the case of any transfer under paragraph 6 above any consideration given or treated as given in respect of a security relating to—would fall (apart from this sub-paragraph) to be regarded for those purposes as new consideration received by the public gas supplier, that consideration shall be treated instead, to the extent that it relates to so much of the liability as falls in consequence of the transfer to be discharged by the transferee, as if it were new consideration received by the transferee.
any liability; or
the use of the principal to which any liability, being a liability to interest or an equivalent liability, relates,
Petroleum revenue tax and gas levy
Where any transfer is effected by paragraph 6 above, the transferee shall be treated—as if it were the same person in law as the public gas supplier.
for the purposes of section 10(1)(a) of the Oil Taxation Act 1975;. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consequential modifications of rating provisions
This paragraph applies where any transfer effected by paragraph 6 above is a transfer of a hereditament which, immediately before the appointed day, falls within the description set out in Part 3 of the Schedule to the Central Rating Lists Regulations 1994.
The Secretary of State may by order make such modifications of that Part of that Schedule, and of the British Gas plc (Rateable Values) Order 1994, as may appear to him necessary or expedient as a consequence of the transfer.
An order under this paragraph which is made after the appointed day may have effect as from that day or any later day.
Where, by virtue of sub-paragraph (3) above, an order under this paragraph has effect from a day earlier than that on which it is made, any necessary alteration shall be made with effect from that earlier day to any central rating list in which the hereditament is shown.
An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Other transitional provisions and savings
Approvals under section 5(3)
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Notifications under section 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Before the appointed day, such one or more of the following as may be requisite to meet the particular circumstances of the case, namely—shall be granted to the gas supplier, to come into force on that day, by the Secretary of State or, as the case may be, by the Authority.
an exemption under section 6A of the 1986 Act (exemptions from prohibition) which is an exemption from section 5(1)(a) of that Act; and
a licence under section 7A(2) of that Act (licensing of gas shippers),
Applications for authorisation under section 7
This paragraph applies where—
an application has been made to the Secretary of State under section 7 of the 1986 Act (authorisation of public gas suppliers) by any person (“the applicant”); and
the application is not determined before the appointed day.
Subject to the following provisions of this paragraph, the application shall have effect on and after the appointed day as if it were an application to the Authority (in such terms as may be specified by the applicant for the purposes of this sub-paragraph) for—
a licence under section 7 of the 1986 Act (licensing of public gas transporters) to be granted to one of the persons mentioned in sub-paragraph (3) below;
a licence under subsection (1) of section 7A of that Act (licensing of gas suppliers) to be granted to the other of those persons; and
a licence under subsection (2) of that section (licensing of gas shippers) to be granted to the person mentioned in paragraph (b) above.
The persons referred to in sub-paragraph (2) above are—
the applicant; and
such one of his associates as may be nominated by him for the purposes of this sub-paragraph.
Sections 7, 7A and 7B of the 1986 Act shall apply in relation to the application, and any licence granted or proposed to be granted on the application, as if subsections (5) and (6) of section 7, and subsections (1) and (2) of section 7B, were omitted.
No licence shall be granted on the application except with the consent of the Secretary of State; and before giving his consent the Secretary of State shall consult—
the Health and Safety Executive; and
any public gas transporter whose authorised area includes the whole or any part of the area to which the application relates.
For the purposes of this paragraph a company is an associate of the applicant if—
the company is registered under the Companies Act 1985 and is limited by shares; and
either the company is wholly owned by the applicant or the applicant is wholly owned by the company.
Any reference in this paragraph to a licence of any description includes a reference to an extension of such a licence.
Individual authorisations under section 8
The provisions of this paragraph have effect as respects each person who holds, or is treated as holding, an authorisation under section 8 of the 1986 Act (authorisation of persons other than public gas suppliers) which is in force immediately before the appointed day (a “gas supplier”) for the purpose of securing that the authorisation has effect on and after that day as if it were such one or more of the following as may be requisite to meet the particular circumstances of the case, namely—
an exemption from section 5(1)(a) of that Act granted under section 6A of that Act (exemptions from prohibition);
a licence granted under section 7A(1) of that Act (licensing of gas suppliers), or an exemption from section 5(1)(b) of that Act granted under section 6A of that Act; and
a licence granted under section 7A(2) of that Act (licensing of gas shippers).
As soon as practicable after the passing of this Act, and in any event before the appointed day, the Secretary of State shall make a scheme providing for each gas supplier’s authorisation under section 8 of the 1986 Act to have effect as mentioned in sub-paragraph (1) above.
Subject to sub-paragraphs (4) and (5) below, a scheme under this paragraph shall provide that each condition which by virtue of section 8(2) of this Act is a standard condition for the purposes of—shall be incorporated in any licence treated as granted under that subsection.
licences under subsection (1) of section 7A of the 1986 Act; or
licences under subsection (2) of that section,
Sub-paragraph (3) above shall not apply in relation to a licence treated as granted under section 7A(1) of the 1986 Act which authorises only the supply to premises of gas which has been conveyed to the premises otherwise than by a public gas transporter.
A scheme under this paragraph may provide that any licence which is treated as granted under section 7A(1) or (2) of the 1986 Act and any exemption which is treated as granted under section 6A of that Act (including the terms and conditions which are derived from the authorisation and, in the case of a licence, the standard conditions which are incorporated by virtue of sub-paragraph (3) above) shall have effect with—and such a scheme may also make such transitional provision as appears to the Secretary of State to be necessary or expedient.
such incidental, consequential and supplementary amendments as appear to the Secretary of State to be necessary or expedient;
such amendments relating to the revocation or suspension of the licence or exemption as the Secretary of State thinks fit; and
such other amendments (if any) as may be agreed between the Secretary of State and the gas supplier concerned;
A scheme under this paragraph may make different provisions for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.
As soon as practicable after making a scheme under this paragraph, the Secretary of State shall publish, as respects each different case or class of case—and any text so published shall be treated as authoritative unless the contrary is shown.
the text of any exemption which by virtue of the scheme is treated as granted under section 6A of the 1986 Act; and
the text of any licence which by virtue of the scheme is treated as granted under section 7A(1) or (2) of that Act;
It shall be the duty of each gas supplier to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by sub-paragraphs (1) to (6) above.
The Secretary of State shall not exercise any function conferred on him by sub-paragraphs (1) to (6) above except after consultation with such gas suppliers as he considers appropriate.
On the appointed day each gas supplier’s authorisation under section 8 of the 1986 Act shall have effect as provided for by the scheme under this paragraph.
Class authorisations under section 8
Subject to sub-paragraph (2) below, any authorisation granted under section 8 of the 1986 Act to persons of a class which is in force immediately before the appointed day shall have effect on and after that day as if it—
were an exemption from such one or more of paragraphs (a), (b) and (c) of section 5(1) of that Act as may be requisite to meet the particular circumstances of the case; and
had been granted under section 6A of that Act on the same terms and subject to the same conditions as those on or subject to which it had been granted as an authorisation under the said section 8.
If, in the case of any such authorisation as is mentioned in sub-paragraph (1) above, the Secretary of State is satisfied that exemption from such one or more of paragraphs (a), (b) and (c) of section 5(1) of the 1986 Act as may be requisite to meet the particular circumstances of the case will be granted under section 6A of that Act as from the appointed day, he may by order direct that that sub-paragraph shall not apply in relation to the authorisation.
An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Gas shipping arrangements already made
Any arrangement—shall be treated for the purposes of section 5(1)(c) of the 1986 Act as if it had been made on that day with the supplier’s transport successor.
which any person has made with a public gas supplier for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that supplier; and
which is in force immediately before the appointed day,
In this Part of this Schedule “transport successor”, in relation to a public gas supplier, means the person who becomes a public gas transporter by virtue of the scheme made by or in relation to that supplier under Part I of this Schedule.
Former tariff customers
This paragraph applies where immediately before the appointed day a public gas supplier (“the public gas supplier”) is supplying tariff customers with gas.
The supplier’s supply successor shall be deemed to have contracted with those customers for the supply of gas as from that day.
The express terms and conditions of a contract which, by virtue of sub-paragraph (2) above, is deemed to have been made shall be provided for by the scheme made under this paragraph.
Before such date as the Secretary of State may direct, the public gas 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) above, are to be deemed to have been made.
A scheme under this paragraph may—
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
make such supplemental, incidental, consequential and transitional provisions as the public gas supplier considers appropriate.
A scheme under this paragraph shall not take effect unless it is approved by the Secretary of State; and the Secretary of State may modify such a scheme before approving it.
If, in relation to such a scheme—the Secretary of State may himself make the scheme.
the public gas supplier fails, before the date specified in the Secretary of State’s direction under sub-paragraph (4) above, to submit the scheme for the approval of the Secretary of State; or
the Secretary of State decides not to approve the scheme that has been submitted to him by the supplier (either with or without modifications),
It shall be the duty of the public gas supplier to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by sub-paragraph (6) or (7) above.
The Secretary of State shall not exercise any function conferred on him by sub-paragraph (6) or (7) above except after consultation with the public gas supplier.
A scheme made under this paragraph shall be published in the London and Edinburgh Gazettes before the appointed day and shall come into operation on that day; 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.
In this Part of this Schedule “supply successor”, in relation to a public gas supplier, means the person who becomes a gas supplier by virtue of a scheme made by or in relation to that public gas supplier under Part I of this Schedule.
Connection charges
Sub-paragraph (2) below applies where—
a public gas supplier has been required under subsection (1) (duty to supply certain premises) of section 10 of the 1986 Act to give a supply of gas to any premises; and
the required supply is not given before the appointed day.
The requirement shall have effect on and after the appointed day as if it were—
a request made to the supplier’s supply successor for a supply of gas; and
if the premises are not connected to a relevant main, a requirement made of the supplier’s transport successor under subsection (2)(a) of section 10 requiring him to connect the premises to such a main and supply and lay any pipe that may be necessary for that purpose.
Sub-paragraph (4) below applies to any regulations—
which have been made, or have effect as if made, by the Secretary of State under subsection (4) (connection charges) of section 10; and
which are in force immediately before the appointed day.
Regulations to which this sub-paragraph applies shall have effect on and after the appointed day as if—
they had been made by the Authority;
any reference to a public gas supplier were a reference to a public gas transporter;
any reference to a supply of gas were a reference to a connection to a relevant main;
the reference to subsection (1) of section 10 were a reference to subsection (2) of that section; and
anything done before the appointed day by or in relation to a public gas supplier had been done on that day by or in relation to the supplier’s transport successor.
Expressions used in this paragraph have the same meanings as in section 10.
Promotion of efficient use of gas
Any determination or direction—shall have effect on and after that day as if it had been made as respects, or given to, the supply successor of that supplier under section 33BB of that Act.
which has been made as respects a public gas supplier, or given to such a supplier, under section 15B of the 1986 Act (promotion of the efficient use of gas); and
which is in force immediately before the appointed day,
Meter testing and stamping
Any regulations—shall have effect on and after that day as if they had been made by the Authority and as if any reference in them to the Secretary of State were a reference to the Authority.
which have been made, or have effect as if made, by the Secretary of State under section 17 of the 1986 Act (meter testing and stamping); and
which are in force immediately before the appointed day,
Any approval, consent or authorisation—shall have effect on and after that day as if it had been given by the Authority.
which has been given by the Secretary of State under section 17 of the 1986 Act, or under regulations made, or having effect as if made, under that section; and
which is in force immediately before the appointed day,
Restrictions on use of certain information
Notwithstanding the repeal by this Act of section 63 of the 1986 Act (restrictions on use of certain information), any direction given by the Secretary of State to the holder of an authorisation under section 7 of that Act shall continue to have effect so far as it relates to any relevant negotiations (within the meaning of the said section 63) which took place before the appointed day.
Recovery of gas charges etc.
Where—paragraph 7(1) of Schedule 2B to the 1986 Act shall have effect as if the demand had been made by the supplier’s supply successor on the day on which it was made by the supplier.
such a demand as is mentioned in paragraph 7(5) of Schedule 5 to the 1986 Act (recovery of gas charges etc.) has been made by a public gas supplier; and
the payment demanded is not made before the appointed day,
Where—paragraph 7(3) of Schedule 2B to the 1986 Act shall have effect as if the notice had been given by the supplier’s supply successor on the day on which it was given by the supplier.
such a notice of intention as is mentioned in paragraph 7(5) of Schedule 5 to the 1986 Act has been given by a public gas supplier; and
the supply of gas is not cut off before the appointed day,
Use of antifluctuators and valves
Any notice—shall have effect on and after that day as if it had been given on that day under sub-paragraph (1) or, as the case may be, sub-paragraph (2) of paragraph 17 of Schedule 2B to that Act by the supplier’s transport successor.
which has been given by a public gas supplier under sub-paragraph (1) or (2) of paragraph 8 (use of antifluctuators and valves) of Schedule 5 to the 1986 Act; and
which is in force immediately before the appointed day,
Restoration of supply without consent
Where—each of paragraphs 11 and 25 of Schedule 2B to that Act shall have effect as if those premises had been disconnected on that day by the supplier’s transport successor otherwise than in the exercise of such a power as is mentioned in sub-paragraph (1) of that paragraph.
a supply of gas to any premises has been cut off by a public gas supplier under paragraph 8 (use of antifluctuators and valves) or paragraph 9 (improper use of gas) of Schedule 5 to the 1986 Act; and
the supply is not restored before the appointed day,
Where—each of paragraphs 11 and 25 of Schedule 2B to that Act shall have effect as if a supply of gas to those premises had been cut off on that day by the supplier’s supply successor otherwise than in the exercise of such a power as is mentioned in sub-paragraph (1) of that paragraph.
a supply of gas to any premises has been cut off by a public gas supplier otherwise than under paragraph 8 or 9 of Schedule 5 to the 1986 Act and otherwise than in the exercise of a power conferred by regulations under section 18(2) of that Act; and
the supply is not restored before the appointed day,
Failure to notify connection or disconnection of service pipe
Any notice—shall have effect on and after that day as if it had been given on that day under sub-paragraph (1) of paragraph 12 of Schedule 2B to that Act to the supplier’s transport successor.
which has been given to a public gas supplier under sub-paragraph (1) of paragraph 12 (failure to notify connection or disconnection of service pipe) of Schedule 5 to the 1986 Act; and
which is in force immediately before the appointed day,
Entry warrants
Any warrant—shall have effect on and after that day as if it had been granted for the purpose of enabling an employee of the supplier’s supply successor who is authorised by him for the purpose to enter those premises, in accordance with paragraph 23(1)(b) of Schedule 2B to the 1986 Act, in order to ascertain the quantity of gas supplied to the premises.
which has been granted under section 2(1) of the Rights of Entry (Gas and Electricity Boards) Act 1954 (warrant to authorise entry) for the purpose of enabling an employee of a public gas supplier to enter any premises, in accordance with paragraph 15(1)(b) of Schedule 5 to the 1986 Act, in order to ascertain the quantity of gas supplied to those premises; and
which is in force immediately before the appointed day,
Sub-paragraph (3) below applies to any warrant—
which has been granted under section 2(1) of the Rights of Entry (Gas and Electricity Boards) Act 1954 for the purpose of enabling an employee of a public gas supplier to enter any premises in order to cut off or discontinue the supply of gas to those premises in accordance with paragraph 16(1) of Schedule 5 to the 1986 Act; and
which is in force immediately before the appointed day.
Any warrant to which this sub-paragraph applies shall have effect on and after the appointed day as if it had been granted as two separate warrants—
one for the purpose of enabling an employee of the supplier’s transport successor who is authorised by him for the purpose to enter the premises, in accordance with sub-paragraph (2) of paragraph 24 of Schedule 2B to the 1986 Act, in order to disconnect the premises; and
the other for the purpose of enabling an employee of the supplier’s supply successor who is authorised by him for the purpose to enter the premises, in accordance with that sub-paragraph, in order to cut off or discontinue the supply to the premises.
In this paragraph “employee” has the same meaning as in the Rights of Entry (Gas and Electricity Boards) Act 1954.
Street works notices
Any notice—shall have effect on and after that day as if it had been given by the public gas supplier’s transport successor.
which is in force immediately before the appointed day,
Restrictive trade practices
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Rating provisions
Nothing in this Act shall affect the operation of the following, namely—
sections 19 and 33 of and Schedules 3 and 6 to the General Rate Act 1967 and Schedule 3 to the Local Government Act 1974, so far as those provisions of those Acts continue to have effect in relation to periods ending before 1st April 1990;
the Valuation for Rating (Plant and Machinery) Regulations 1989, so far as those Regulations continue to have effect for the purpose of determining the rateable values of hereditaments for days falling before 1st April 1995;
the Central Rating Lists Regulations 1989, so far as those Regulations continue to have effect in relation to periods ending before 1st April 1995; and
the Central Rating Lists Regulations 1994, so far as those Regulations have effect in relation to periods ending before the appointed day.
Repeals