Electricity Act 1989
Electricity Act 1989 (1989 c. 29)
- Electricity Act 1989 (1989 c. 29)
- Part I ELECTRICITY SUPPLY
- Introductory
- 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 3 General duties of Secretary of State and Director.
- 3A The principal objective and general duties of the Secretary of State and the Authority.
- 3B Guidance on social and environmental matters.
- 3C Health and safety.
- 3D Exceptions from sections 3A to 3C.
- 3E Binding decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission
- 3F Authority to consult and cooperate with other authorities
- Licensing of supply etc.
- 4 Prohibition on unlicensed supply etc.
- 5 Exemptions from prohibition.
- 5A Duties of distribution exemption holders
- 5B Duties of supply exemption holders
- 6 Licences authorising supply, etc.
- 6A Procedure for licence applications.
- 6B Applications for transmission licences.
- 6BA Meaning of “relevant electricity project”, “relevant licence” and “relevant contract”
- 6BB Designation of a delivery body
- 6C Competitive tenders
- 6CA Power to require information
- 6CB Recovery of tender costs
- 6CC Competitive tenders: supplementary
- 6CD Sections 6C to 6CC: further definitions
- 6D Section 6C: supplemental provision
- 6E Property schemes in respect of relevant licences and contracts
- 6F ... Transmission during commissioning period
- 6G Section 6F: meaning of “commissioning period”
- 6H Sections 6C, 6F and 6G: modification of codes or agreements
- 7 Conditions of licences: general.
- 7A Transfer of licences.
- 7B Uniform prices etc. in certain areas of Scotland.
- 8 Conditions for funding certain companies engaged in nuclear generation in Scotland.
- 8A Standard conditions of licences.
- 9 General duties of licence holders.
- 10 Powers etc. of licence holders.
- Electricity transmission and the operation of electricity interconnectors: independence
- 10A Electricity transmission and the operation of electricity interconnectors: requirement for certain participants to be certified as independent
- 10B Application for certification
- 10C Report where applicant connected with a country outside the United Kingdom
- 10D Certification
- 10E Grounds for certification
- 10F The ownership unbundling requirement
- 10G The ownership unbundling requirement: supplementary
- 10H Designation for the purposes of the Electricity Regulation
- 10I Monitoring and review of certification
- 10J Review of certification: requirement to provide information etc
- 10K Report as to any connection of certified person with a country outside the United Kingdom
- 10L Continuation or withdrawal of certification
- 10M Prohibition on the exercise of certain shareholder rights and rights of appointment
- 10N Validity of acts infringing section 10M
- 10O Interpretation
- Long duration electricity storage
- 10P Long duration electricity storage
- Modification of licences
- 11 Modification by agreement.
- 11A Modification of conditions of licences
- 11AA Modification of conditions under section 11A: early effective date
- 11B Modification of conditions under section 11A: supplementary
- Appeal from decisions of the Authority
- 11C Appeal to the CMA
- 11D Procedure on appeal to CMA
- 11E Determination by CMA of appeal
- 11F CMA's powers on allowing appeal
- 11G Time limits for CMA to determine an appeal
- 11H Determination of appeal by CMA : supplementary
- 12 Modification references to Monopolies Commission.
- 12A References under section 12: time limits
- 12B References under section 12: powers of investigation
- 13 Reports on modification references.
- 14 Modification following report.
- 14A Competition Commission’s power to veto modifications following report.
- 15 Modification by order under other enactments.
- 15A Licence modifications relating to new electricity trading arrangements.
- Duties of electricity distributors
- 16 Duty to connect on request.
- 16A Procedure for requiring a connection.
- 17 Exceptions from duty to connect.
- 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 19 Power to recover expenditure.
- 20 Power to require security.
- 21 Additional terms of connection.
- 22 Special agreements with respect to connection.
- 23 Determination of disputes.
- 24 The public electricity supply code.
- Enforcement of obligations of regulated persons
- 25 Orders for securing compliance.
- 26 Procedural requirements.
- 27 Validity and effect of orders.
- 27A Penalties.
- 27B Statement of policy with respect to penalties.
- 27C Time limits on the imposition of financial penalties.
- 27D Interest and payment of instalments.
- 27E Appeals against penalties.
- 27F Recovery of penalties.
- 27G Consumer redress orders
- 27H Remedial action under a consumer redress order
- 27I Other procedural requirements in relation to consumer redress orders
- 27J Statement of policy with respect to consumer redress orders
- 27K Time limits for making consumer redress orders
- 27L Enforcement of consumer redress orders
- 27M Appeals against consumer redress orders
- 27N Consumer redress orders: miscellaneous
- 27O Maximum amount of penalty or compensation
- 28 Power to require information etc.
- Provisions with respect to supply generally
- 29 Regulations relating to supply and safety.
- 30 Electrical inspectors.
- 31 Use etc. of meters.
- Protection of public interest
- 32 The renewables obligation
- 32A Further provision about the renewables obligation
- 32B Renewables obligation certificates
- 32C Section 32B: supplemental provision
- 32D Amounts of electricity specified in certificates
- 32E Section 32D: transitional provision and savings
- 32F Use of renewables obligation certificates issued in Northern Ireland
- 32G Payment as alternative to complying with renewables obligation order
- 32H Allocation of amounts to electricity suppliers
- 32I Costs of the Authority and the Northern Ireland authority
- 32J Information
- 32K Renewables obligation order: general provision
- 32L Renewables obligation orders: procedure
- 32LA Renewables obligation closure order
- 32LB Renewables obligation closure orders: procedure
- 32LC Onshore wind generating stations: closure of renewables obligation
- 32LD Onshore wind generating stations accredited, or additional capacity added, on or before the onshore wind closure date
- 32LE Onshore wind generating stations accredited, or additional capacity added, in the year after the onshore wind closure date: grid or radar delay condition met
- 32LF Onshore wind generating stations accredited, or additional capacity added, on or before 31 March 2017: approved development condition met
- 32LG Onshore wind generating stations accredited, or additional capacity added, between 1 April 2017 and 31 March 2018: grid or radar delay condition met
- 32LH Onshore wind generating stations accredited, or additional capacity added, between 1 April 2017 and 31 January 2018: investment freezing condition met
- 32LI Onshore wind generating stations accredited, or additional capacity added, between 1 February 2018 and 31 January 2019: grid or radar delay condition met
- 32LJ The approved development condition
- 32LK The investment freezing condition
- 32LL The grid or radar delay condition
- 32LM Use of Northern Ireland certificates: onshore wind power
- 32M Interpretation of sections 32 to 32M
- 32N The certificate purchase obligation
- 32O Further provision about the certificate purchase obligation
- 32P Certificate purchase levy
- 32Q Use of levy payments
- 32R Designation of a CFD counterparty as purchasing body or administrator
- 32S GB certificates
- 32T NI certificates
- 32U Sections 32S and 32T: supplemental provision
- 32V Certificate purchase orders: amounts of electricity stated in certificates
- 32W Section 32V: transitional provision and savings
- 32X Certificate purchase orders: information
- 32Y Certificate purchase orders: corresponding provision
- 32Z Certificate purchase orders: general provision
- 32Z1 Certificate purchase orders: procedure
- 32Z2 Interpretation of sections 32N to 32Z2
- 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 34 Fuel stocks etc. at generating stations.
- 35 Provisions supplementary to section 34.
- 36 Consent required for construction etc. of generating stations.
- 36A Declarations extinguishing etc. public rights of navigation
- 36B Duties in relation to navigation
- 36C Variation of consents under section 36
- 36D Proceedings for questioning certain decisions of the Scottish Ministers
- 36E Applications under section 36D: requirement for permission
- 37 Consent required for overhead lines.
- 37A Application for variation of section 37 consent: Scotland
- 37B Variation of section 36 and 37 consents on change of circumstances: Scotland
- 37C Correction of errors in consent documents: Scotland
- 38 Preservation of amenity and fisheries.
- Benefits resulting from proximity to new or upgraded transmission infrastructure
- 38A Power to establish scheme for giving of benefits
- 38B Passing of benefits to ultimate consumer
- 38C Enforcement of benefit scheme
- 38D Disclosure and use of information in connection with benefit scheme
- Consumer protection: standards of performance
- 39 Electricity supply: performance in individual cases.
- 39A Standards of performance in individual cases: electricity distributors.
- 39B Standards of performance in individual cases: disputes.
- 40 Electricity supply: overall performance.
- 40A Overall standards of performance: electricity distributors.
- 40B Procedures for prescribing or determining standards of performance.
- 41A Promotion of reductions in carbon emissions: ... electricity distributors and electricity suppliers
- 41AA Scottish Ministers' promotion of reductions in carbon emissions: electricity suppliers
- 41B Promotion of reductions in home-heating costs: electricity distributors and electricity suppliers
- 41BA Scottish Ministers' promotion of reductions in home-heating costs: electricity suppliers
- 42 Information with respect to levels of performance.
- 42A Information to be given to customers about overall performance.
- 42AA Publication of statistical information about standards of performance.
- 42AB Information relating to complaints handling standards
- 42B Procedures for dealing with complaints.
- 42C Remuneration and service standards.
- Consumer protection: miscellaneous
- 43 Functions with respect to competition.
- 43A Adjustment of charges to help disadvantaged groups of customers.
- 43B Orders: supplementary.
- 44 Maximum prices for reselling electricity.
- Section 44B disputes
- 44B Meaning of “section 44B dispute”
- 44C Determination of disputes
- 44D Time limit for determinations
- Investigation of complaints
- 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 46 Consumer complaints.
- 46A Power of Council to investigate other matters.
- Other functions of Director
- 47ZA Annual report by Authority on security of electricity supply
- 47 General functions.
- 47A Power to require information etc for the purpose of monitoring
- 48 Publication of information and advice.
- 49 Keeping of register.
- 49A Reasons for decisions.
- 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Provisions with respect to committees
- 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Provisions with respect to Consumers’ etc. Councils
- 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 56 Continuity of employment of officers of abolished Councils.
- Alteration of activities requiring licence
- 56A Power to alter activities requiring licence.
- 56B Application by Authority for order including new activities.
- 56C References to CMA .
- 56CA References under section 56C: time limits
- 56CB References under section 56C: application of Enterprise Act 2002
- 56D Reports on references.
- 56E Application by Authority for order excluding activities.
- 56F Consultation by Secretary of State about order excluding activities.
- 56FA New licensable activities: smart meters
- 56FB Section 56FA: supplemental
- 56FBA New licensable activities: load control of energy smart appliances
- 56FBB Regulations under section 56FBA
- 56FC Competitive tenders for licences for new licensable activities
- Miscellaneous
- 56G Service by Authority of certain notices on Citizens Advice and Consumer Scotland.
- 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 58 Directions restricting the use of certain information.
- 59 Making of false statements etc.
- Supplemental
- 60 Powers to make regulations.
- 61 Concurrent proceedings.
- 62 Public inquiries.
- 63 Application to Crown land.
- 64 Interpretation etc. of Part I.
- PART II REORGANISATION OF THE INDUSTRY
- Transfers to successor companies
- 65 Transfer of property etc. of Area Boards.
- 66 Transfer of property etc. of Generating Board and Electricity Council.
- 67 Transfer of property etc. of Scottish Boards.
- 68 Transfer schemes under sections 66 and 67.
- 69 Functions of Secretary of State in relation to transfer schemes.
- 70 Supplementary provisions as to transfers under sections 66 and 67.
- Ownership of successor companies
- 71 Initial Government holding in the companies.
- 72 Government investment in securities of the companies.
- 73 Exercise of functions through nominees.
- 74 Target investment limit for Government shareholding.
- Finances of successor companies
- 75 Statutory reserves.
- 76 Statutory accounts.
- 77 Temporary restrictions on borrowings etc.
- 78 Government lending to the companies.
- 79 Treasury guarentees for loans made to the companies.
- 80 Conversion of certain loans etc. to the Scottish companies.
- 81 Financial limits on borrowing etc.
- Provisions with respect to floatation
- 82 Responsibility for composite listing particulars.
- 83 Application of Trustee Investments Act 1961 in relation to investment in operating companies.
- Provisions with respect to existing bodies
- 84 Dissolution etc. of existing bodies.
- 85 Compensation to members and employees of existing bodies.
- 86 Discharge of certain advances and loans made to existing bodies.
- 87 Expenditure and receipts of Electricity Council.
- 88 Grants towards expenditure during transitional period.
- Miscellaneous
- 89 Payments for the use of tax losses.
- 90 Taxation provisions.
- 91 Electricity Stock.
- 92 Abolition of central guarantee fund.
- Supplemental
- 93 Parliamentary disqualification.
- 94 Construction of references to property, rights and liabilities.
- 95 Other interpretation of Part II.
- Part III MISCELLANEOUS AND SUPPLEMENTAL
- Miscellaneous
- 96 Directions for preserving security of electricity supplies etc.
- 97 Financial assistance for discharge of nuclear liabilities.
- 98 Provision of statistical information.
- 99 Promotion of new techniques in national interest.
- Amendment of enactments
- 100 Competition and restrictive trade practices.
- 101 Rights of entry.
- 102 Production and supply of heat or electricity etc. by Scottish local authorities.
- 103 Stamp duty exemption for certain contracts.
- Amendment etc. of pension schemes
- 104 Amendment etc. of Electricity Supply Pension Scheme.
- 105 Amendment etc. of Scottish Pension Schemes.
- Supplemental
- 106 Regulations and orders.
- 107 Directions.
- 108 Offences by bodies corporate.
- 108A Extraterritorial operation of Act
- 109 Service of documents.
- 110 Financial provisions.
- 111 General interpretation.
- 112 Amendments, transitional provisions, savings and repeals.
- 113 Short title, commencement and extent.
- SCHEDULES
- Remuneration, pensions etc.
- Staff
- Expenses of the Director and his staff
- Official seal
- Performance of functions
- Documentary evidence
- The Parliamentary Commissioner
- Parliamentary disqualification etc.
- Preliminary
- Remuneration, pensions etc. of chairman
- Allowances for other members
- Administration etc.
- Proceedings
- Sub-committees
- Financial provisions
- Amendment of other Acts
- SCHEDULE 2ZA Duties of distribution exemption holders
- Third party access
- Charges for use of system
- Connection
- Closed distribution systems
- Change of circumstance in respect of a closed distribution system
- Interpretation
- SCHEDULE 2ZB Duties of supply exemption holders
- Change of supplier
- Customer contracts
- Customer information
- Determination of disputes
- Interpretation
- SCHEDULE 2A Property Schemes
- Scheme-making power
- Further provision about the content of a scheme
- Applications for schemes
- Timing of applications
- Notifying the non-applicant party
- Notifying third parties
- Publishing the application
- Supplementing the application
- Restricting or withdrawing the application
- The Authority's functions in relation to applications
- Terms of a property scheme
- Additional powers of the Authority
- Notification of property scheme
- Refusal of application or part of application
- Effect of property scheme
- Review of determinations
- Interim arrangements pending review of determination
- Appeal on a point of law
- Change of asset owner during application process
- The preferred bidder
- The successful bidder
- Transmission owner and distribution network owner of last resort
- Associated bodies corporate
- Interpretation
- SCHEDULE 3 Compulsory Acquisition of Land etc. by Licence Holders
- Part I Powers of Acquisition
- Part II Procedure, Compensation etc. (England and Wales)
- Application of Acquisition of Land Act 1981 generally
- New rights: general adaptation of Compulsory Purchase Act 1965
- New rights: specific adaptations of Act of 1965
- New rights: compensation
- Part III Procedure, Compensation etc. (Scotland)
- Application of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 generally
- New rights: general application of Act of 1947 and incorporated enactments
- New rights: specific adaptations of Act of 1947
- New rights: specific adaptations of Lands Clauses Consolidation (Scotland) Act 1845
- New rights: compensation
- SCHEDULE 4 Other Powers etc. of Licence Holders
- Street works etc. in England and Wales
- Road works etc. in Scotland
- Alteration of works
- Protection from interference
- Acquisition of wayleaves
- Fees for applications under paragraph 6(3) to the Scottish Ministers
- Provisions supplementary to paragraph 6
- Temporary continuation of wayleaves
- Felling and lopping of trees etc.
- Entry on land for purposes of exploration
- Provisions supplementary to paragraphs 9 and 10
- Interpretation
- SCHEDULE 5 Water Rights for Hydro-Electric Generating Stations in Scotland
- SCHEDULE 5A Procedure for appeals under section 11C
- Application for permission to bring appeal
- Suspension of decision
- Time limit for representations and observations by the Authority
- Consideration and determination of appeal by group
- Matters to be considered on appeal
- Production of documents etc.
- Oral hearings
- Written statements
- Expert advice
- Defaults in relation to evidence
- Appeal rules
- Costs
- Interpretation of Schedule
- SCHEDULE 5B Reimbursement of persons who have met expenses
- Power to make regulations
- The reimbursement powers
- Other provision about regulations under this Schedule
- Interpretation
- Schedule 6 The electricity code
- Suppliers’ charges relating to meters for disabled persons
- Non-payment of suppliers’ charges
- Deemed contracts in certain cases
- Supplies of electricity illegally taken
- Restoration of connection without consent
- Damage to electrical plant etc.
- Entry during continuance of connection or supply
- Entry on discontinuance of supply or connection
- Entry for replacing, repairing or altering lines or plant
- Provisions as to powers of entry
- Electrical plant etc. not to be subject to distress
- SCHEDULE 6A Provisions imposing obligations enforceable as relevant requirements
- All licence holders
- Generation licence holders
- Transmission licence holders
- Persons required to be certified as to independence
- Electricity System Operator
- Distribution licence holders
- Supply licence holders
- Distribution exemption holders
- Supply exemption holders
- Electricity undertakings which are relevant producers or suppliers
- Responsible bodies for central systems
- Smart meter communication licence holders and code manager licence holders
- Nominated electricity market operators
- Interpretation
- SCHEDULE 7 Use etc. of Electricity Meters
- Consumption to be ascertained by appropriate meter
- Restrictions on use of meters
- Meter examiners
- Certification of meters
- Apparatus for testing etc. of meters
- Testing etc. of meters
- Presumptions and evidence
- Meters to be kept in proper order
- Interference with meters
- Special provision for pre-payment meters
- Interpretation
- SCHEDULE 8 Consents of the Secretary of State and the Scottish Ministers under Sections 36 and 37
- Applications for consent
- Applications made to the Scottish Ministers for consent
- Objections by relevant planning authority
- Procedure following objection by relevant planning authority: Scotland
- Objections by other persons
- Public inquiries
- Provisions supplementary to paragraphs 2 to 4
- Additional inspectors
- Proceedings for questioning certain decisions under paragraph 3(2)
- Applications under paragraph 5B: requirement for permission
- Special provisions as to consents under section 37
- Deemed planning permission etc.
- Generating stations not within areas of relevant planning authorities
- Applications to the Scottish Ministers: time limits
- Supplemental
- SCHEDULE 9 PRESERVATION OF AMENITY AND FISHERIES.
- Preservation of amenity: England and Wales
- Preservation of amenity and fisheries: Scotland
- Fisheries Committee: Scotland
- SCHEDULE 10 Transfers under Sections 66 and 67
- Allocation of property, rights and liabilities: general
- Allocation of rights and liabilities: contracts of employment
- Variation of transfers by agreement
- Right to production of documents of title
- Proof of title by certificate
- Restrictions on dealing with certain land
- Third parties affected by vesting provisions
- Interpretation
- SCHEDULE 11 TAXATION PROVISIONS
- General
- Chargeable gains
- Roll-over relief
- Unallowed capital losses
- Transaction in pursuance of section 68(2)(c)
- Transfers in pursuance of Schedule 10
- Apportionments etc.
- Securities of successor companies
- Extinguishment of liabilities: restriction of tax losses
- Income tax exemption for certain interests
- Stamp Duty
- Stamp duty reserve tax
- Interpretation etc.
- SCHEDULE 12 Nuclear Liabilities: Financial Assistance
- Grants by Secretary of State
- Loans by Secretary of State
- Guarantees by Secretary of State
- Financial limits
- Interpretation
- SCHEDULE 13 Production and Supply of Heat or Electricity etc. by Scottish Local Authorities
- SCHEDULE 14 The Electricity Supply Pension Scheme
- Power to amend scheme
- Protection for certain persons
- Interpretation
- SCHEDULE 15 The Scottish Pension Schemes
- Power to amend schemes
- Protection for certain persons
- Interpretation
- SCHEDULE 16 Minor and Consequential Amendments
- Enactments relating to statutory undertakers etc.
- The Civil Defence Act 1939 (c.31)
- The Water Act 1945 (c.42)
- The Wireless Telegraphy Act 1949 (c.54)
- The Public Utilities Street Works Act 1950 (c.39)
- The Rights of Entry (Gas and Electricity Boards) Act 1954 (c.21)
- The Land Powers (Defence) Act 1958 (c.30)
- The Water Resources Act 1963 (c.38)
- The Nuclear Installations Act 1965 (c.57)
- The Building Control Act 1966 (c.27)
- The Forestry Act 1967 (c.10)
- The Transport Act 1968 (c. 73)
- The Post Office Act 1969 (c.48)
- The Fair Trading Act 1973 (c.41)
- The Consumer Credit Act 1974 (c. 39)
- The Control of Pollution Act 1974 (c. 40)
- The Restrictive Trade Practices Act 1976 (c. 34)
- The Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
- The Land Drainage Act 1976 (c. 70)
- The Energy Act 1976 (c. 76)
- The Land Registration (Scotland) Act 1979 (c. 33)
- The Estate Agents Act 1979 (c. 38)
- The Competition Act 1980 (c. 21)
- The Water (Scotland) Act 1980 (c. 45)
- The Highways Act 1980 (c. 66)
- The Acquisition of Land Act 1981 (c. 67)
- The Telecommunications Act 1984 (c. 12)
- The Roads (Scotland) Act 1984 (c. 54)
- The Building Act 1984 (c. 55)
- The Bankruptcy (Scotland) Act 1985 (c. 66)
- The Airports Act 1986 (c. 31)
- The Gas Act 1986 (c. 44)
- The Insolvency Act 1986 (c. 45)
- The Consumer Protection Act 1987 (c. 43)
- The Water Act 1989 (c. 15)
- Interpretation
- SCHEDULE 17 Transitional Provisions and Savings
- Part I Provisions and Savings for Part I of Act
- Part II Provisions and Savings for Part II of Act
- SCHEDULE 18 Repeals
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