Office of Public Sector Information

(2) A direction under this section may—

(a) require any person who resells gas supplied by a gas supplier to furnish the purchaser with such information as may be specified or described in the direction; and

(b) provide that, in the event of his failing to do so, the maximum price applicable to the resale shall be such as may be specified in the direction, or shall be reduced by such amount or such percentage as may be so specified.

(3) Different directions may be given under this section as respects different classes of cases, which may be defined by reference to areas or any other relevant circumstances.

(4) If any person resells any gas supplied by a gas supplier at a price exceeding the maximum price determined by or under a direction under this section and applicable to the resale—

(a) the amount of the excess; and

(b) if the direction so provides, interest on that amount at a rate specified or described in the direction,

shall be recoverable by the purchaser.

(5) Nothing in this section shall apply in relation to the resale of gas for use in a motor vehicle which is constructed or adapted to use gas as fuel for its propulsion.”

Power to require information etc.

46 (1) In subsection (1) of section 38 of the 1986 Act (power to require information etc.)—

(a) for the words “public gas supplier” there shall be substituted the words “licence holder”; and

(b) the words from “but no person” to the end shall cease to have effect.

(2) After that subsection there shall be inserted the following subsections—

“(1A) Where a licence has been or is to be revoked or suspended, or has expired or is about to expire by effluxion of time, and it appears to the Director, having regard to the duties imposed by section 4 or 4A above, to be requisite or expedient to do so for any purpose connected with the revocation, suspension or expiry, the Director may, with the consent of the Secretary of State, by notice signed by him—

(a) require the licence holder to produce, at a time and place specified in the notice, to the Director, or to any person so specified, any records which are specified or described in the notice and are in the licence holder’s custody or under his control; or

(b) require the licence holder to furnish to the Director, or to any person specified in the notice, such information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished.

(1B) No person shall be compelled for any such purpose as is mentioned in subsection (1) or (1A) above to produce any documents or records which he could not be compelled to produce in civil proceedings before the court or, in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in such proceedings.”

(3) 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

47 After section 38 of the 1986 Act there shall be inserted the following section—

“38A Duty to consider representations and give reasons

(1) The Secretary of State may by order exercise any one or more of the powers conferred by subsections (2) to (4) below.

(2) This subsection confers power to provide that, before the Director makes a specified decision in relation to a licence holder, the Director—

(a) shall give to the licence holder a written notice stating—

(i) that he is considering making the decision and the reasons why he is considering doing so; and

(ii) that the licence holder may, within a period specified in the notice, make written representations to him or, if the licence holder so requests, make oral representations to a person appointed by him for the purpose; and

(b) shall consider any representations which are duly made and not withdrawn.

(3) This subsection confers power to provide that, where the Director makes a specified decision in relation to a licence holder, the Director shall as soon as practicable give to the licence holder a written notice explaining why it appeared to him to be appropriate to make the decision.

(4) This subsection confers power to provide that, where a specified decision made or proposed to be made in relation to a licence holder will or may materially affect any specified person, any provision made by virtue of subsection (2) or (3) above shall, with any specified modifications, apply in relation to that person.

(5) Nothing in any order made under this section shall require the Director to disclose any information the disclosure of which he considers would or might seriously and prejudicially affect the interests of a particular individual or body of persons, whether corporate or unincorporate.

(6) An order under this section—

(a) may make different provision in relation to different cases or different circumstances; and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section—

• “decision” means any decision under this Part, or under a condition of a licence, other than a decision to make a provisional order under section 28 above;

• “specified”, in relation to an order under this section, means specified in the order or of a description so specified;

and references to a licence holder include references to an applicant for a licence.”

Annual and other reports

48 After subsection (2) of section 39 of the 1986 Act (annual and other reports) there shall be inserted the following subsection—

“(2A) Every such report shall also include—

(a) a general statement as to the extent to which, during the year to which it relates, there has been effective competition in the carrying on of activities the carrying on of which is required to be licensed under section 7A above; and

(b) a general survey of developments during that year in respect of such competition.”

General duty of Council to advise Director

49 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

50 (1) After subsection (1) of section 42 of the 1986 Act (general restrictions on disclosure of information) there shall be inserted the following subsections—

“(1A) Subsection (1) above does not apply to any disclosure of information if—

(a) the disclosure is required by a notice under subsection (1) or (1A) of section 38 above;

(b) the information has been obtained in pursuance of a notice under subsection (1A) of that section; or

(c) the disclosure is made by one licence holder to another and is required either by a condition of the disclosing licence holder’s licence, or by the other licence holder for purposes connected with the carrying on of relevant activities.

(1B) In subsection (1A) above “relevant activities”, in relation to a licence holder, means—

(a) activities which he is authorised by his licence to carry on; and

(b) in the case of a public gas transporter, such activities as are mentioned in section 7(1)(b) and (c) above.”

(2) After subsection (3) of that section there shall be inserted the following subsection—

“(3A) The Secretary of State may by order provide that any of subsections (1A) to (3) above shall have effect subject to such modifications as are specified in the order.”

Making of false statements etc.

51 After subsection (1) of section 43 of the 1986 Act (making of false statements etc.) there shall be inserted the following subsection—

“(1A) Any person who with intent to deceive—

(a) impersonates an officer of a public gas transporter, gas supplier or gas shipper for the purpose of obtaining entry to any premises; or

(b) for that purpose makes any statement or does any act calculated falsely to suggest that he is an officer, or an authorised officer, of such a transporter, supplier or shipper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.”

Service of notices etc.

52 (1) 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.

(2) For subsections (2) and (3) of that section there shall be substituted the following subsections—

“(2) Without prejudice to subsection (1) above, where this subsection applies in relation to a public gas transporter or gas supplier, any notice to be given to or served on the transporter or supplier under—

(a) any condition of his licence;

(b) any provision of Schedule 2B to this Act; or

(c) in the case of a transporter, section 10 above,

may be given or served by delivering it at, or sending it in a prepaid letter to, an appropriate office of the transporter or supplier.

(3) Subsection (2) above applies in relation to a public gas transporter if he divides his authorised area into such areas as he thinks fit and—

(a) in the case of each area, fixes offices of his which are to be appropriate offices in relation to notices relating to matters arising in that area; and

(b) publishes in each area, in such manner as he considers adequate, the addresses of the offices fixed by him for that area.

(4) Subsection (2) above applies in relation to a gas supplier if he divides the premises specified in his licence into such areas as he thinks fit and—

(a) in the case of each area, fixes offices of his which are to be appropriate offices in relation to notices relating to matters arising in that area;

(b) publishes in each area, in such manner as he considers adequate, the addresses of the offices fixed by him for that area; and

(c) endorses on every demand note for gas charges payable to him the addresses of the offices fixed for the area in question.

(5) In this section references to premises specified in a licence include references to premises of a description, or situated in an area, so specified.”

Provisions as to regulations

53 (1) In subsection (3) of section 47 of the 1986 Act (provisions as to regulations)—

(a) for paragraph (aa) there shall be substituted the following paragraph—

“(aa) provide for anything falling to be determined under the regulations to be determined—

(i) by the Director or by such other person as may be prescribed by the regulations; and

(ii) in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be so prescribed;” and

(b) in paragraph (b), after the words “the Secretary of State” there shall be inserted the words “or, as the case may be, the Director”.

(2) In subsection (5) of that section, after the words “the Secretary of State” there shall be inserted the words “, the Director”.

(3) For subsection (7) of that section there shall be substituted the following subsection—

“(7) Any power to make regulations conferred by this Part on the Secretary of State or the Director shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and the [1946 c. 36.] Statutory Instruments Act 1946 shall apply to any such power so conferred on the Director as if he were a Minister of the Crown.”

Interpretation of Part I and savings

54 (1) In subsection (1) of section 48 of the 1986 Act (interpretation of Part I and savings)—

(a) in the definition of “authorised area”, for the word “supplier” there shall be substituted the word “transporter”;

(b) in the definition of “distribution main”, for the word “supplier”, in each place where it occurs, there shall be substituted the word “transporter”;

(c) after that definition there shall be inserted the following definition—

““domestic customer” has the meaning given by section 15A(10) above;”;

(d) after the definition of “gas fittings” there shall be inserted the following definition—

““gas supplier” and “gas shipper” have the meanings given by section 7A(11) above;”;

(e) after the definition of “kilowatt hour” there shall be inserted the following definitions—

““licence” and “licence holder” have the meanings given by section 4(5) above;”;

(f) after the definition of “notice” there shall be inserted the following definitions—

““officer”, in relation to any person, includes any servant or agent of that person, and any officer or servant of such an agent;

“owner”, in relation to any premises or other property, includes a lessee, and cognate expressions shall be construed accordingly;”

(g) 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”;

(h) for the definition of “public gas supplier” there shall be substituted the following definition—

““public gas transporter” has the meaning given by section 7(1) above;”;

(i) the definition of “regulations” shall cease to have effect;

(j) immediately before the definition of “subsidiary” there shall be inserted the following definitions—

““service pipe” means a pipe, other than a distribution main of a public gas transporter, which is used for the purpose of conveying gas from such a main to any premises, and includes part of any such pipe;

“storage”, in relation to gas, means storage in, or in a facility which is connected (directly or indirectly) to, a pipe-line system operated by a public gas transporter;” and

(k) the definition of “tariff customer” shall cease to have effect.

(2) After subsection (1) of that section there shall be inserted the following subsection—

“(1A) In this Part any reference to an officer authorised by any person includes, in relation to an officer who is an officer or servant of an agent of that person, an officer who, in accordance with the terms of any written authority given by that person to the agent, is authorised by the agent on behalf of that person.”

(3) 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”.

(4) For subsection (3) of that section there shall be substituted the following subsections—

“(2A) In relation to any time after 31st December 1999—

(a) references in this Part to 2,500, 75,000 and 2 million therms shall be construed as references to 73,200, 2,196,000 and 58 million kilowatt hours respectively; and

(b) other references in this Part to therms, and references in this Part to therms or kilowatt hours, shall be construed as references to kilowatt hours.

(2B) A person is of pensionable age for the purposes of this Part if—

(a) he has attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the [1995 c. 26.] Pensions Act 1995); or

(b) in the case of a man born before 6th April 1955, he is the same age as a woman who has attained pensionable age (within the meaning so given).

(3) Nothing in this Part relating to the modification of a licence shall authorise the inclusion in a licence of any condition other than one such as is mentioned in section 7B above or, in the case of a modification under section 27 above, as would be so mentioned if the references to the Director in subsection (4)(a), (b) and (d) of section 7B were references to the Secretary of State.”

The Director General of Gas Supply

55 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

56 In Schedule 3 to the 1986 Act (acquisition of land by public gas suppliers)—

(a) for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “public gas transporter”;

(b) for the words “public gas supplier's”, in each place where they occur, there shall be substituted the words “public gas transporter's”; and

(c) 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.

57 (1) In Schedule 4 to the 1986 Act (power of public gas suppliers to break up streets, bridges etc.)—

(a) for the words “public gas supplier”, in each place where they occur, there shall be substituted the words “public gas transporter”; and

(b) for the words “the supplier”, in each place where they occur, there shall be substituted the words “the transporter”.

(2) 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—

“(a) placing pipes, conduits, service pipes, cables, sewers and other works, and pressure governors, ventilators and other apparatus, in or under any street; and

(b) from time to time repairing, altering or removing any such works or apparatus placed in or under any street (whether by him or by any other person).”

(3) After sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraphs—

“(4) The Secretary of State shall by regulations provide that, in such cases and to such extent as may be provided by the regulations, a public gas transporter shall pay, by way of compensation for any loss sustained by any person in consequence of the exercise of those powers, such sum as may be determined in accordance with the regulations.

(5) No regulations may be made under sub-paragraph (4) above which amend, or re-enact with modifications, regulations previously made under that sub-paragraph.”

(4) In paragraph 3(2) of that Schedule, for the words “giving a supply of” there shall be substituted the word “conveying”.