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Electricity Act 1989

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Electricity Act 1989 Page 1 This Schedule has been prepared by the Department of Energy and Climate Change (DECC) in connection with the Energy Bill 2015-16. It is also available online at the Bills before Parliament pages on www.parliament.uk ENERGY BILL 2015-16 “KEELING” SCHEDULE This Schedule shows the Electricity Act 1989, including all previous amendments, as it would look when amended by the Energy Bill 2015-16, were the Bill to be enacted in the state in which it was introduced to the House of Commons (HC Bill 92 2015-16) It has been prepared by the DECC, using legislation.gov.uk as its primary source, checked against Lex- isNexis. Its purpose is to assist readers of the Bill and help inform debate on it. It does not form part of the Bill and has not been endorsed by Parliament. DECC January 2016 Electricity Act 1989 PART I ELECTRICITY SUPPLY Introductory 1 . 2 . [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 Com- mission] [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] Page 2 [6B Applications for transmission licences] [6C Competitive tenders for offshore transmission licences] [6D Section 6C: supplemental provision] [6E Property schemes in respect of offshore transmission licences] [6F Offshore transmission during commissioning period] [6G Section 6F: meaning of "commissioning period"] [6H Sections 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 partici- pants to be certified as independent] [10B Application for certification] [10C Report where applicant connected with a country outside the European Economic Area] [10D Certification] [10E Grounds for certification] [10F The ownership unbundling requirement] [10G The ownership unbundling requirement: supplementary] [10H Designation for the purposes of EU electricity legislation] [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 European Economic Area] [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] Modification of licences 11 . [11A Modification of conditions of licences] [11B Modification of conditions under section 11A: supplementary] Page 3 [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 . [12A . .] [12B . .] 13 . 14 . [14A . .] 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] Page 4 [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] [32BA . .] [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] [32M Interpretation of sections 32 to 32M] Page 5 [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 Fossil fuel levy 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] 37 Consent required for overhead lines 38 Preservation of amenity and fisheries 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] [41B Promotion of reductions in home-heating costs: electricity distributors and electricity suppliers] 42 Information with respect to levels of performance [42A Information to be given to customers about overall performance] Page 6 [42AA Publication of statistical information about standards of performance] [42AB Information relating to complaints handling standards] [42B . .] [42C Remuneration and service standards] Consumer protection: miscellaneous 43 Functions with respect to competition [43A . .] [43B . .] [44 Maximum prices for reselling electricity] [44A Billing disputes] [[Article 37] Disputes] [44B Meaning of "[Article 37] dispute"] [44C Determination of disputes] [44D Time limit for determinations] . 45 . 46 . [46A . .] Other functions of Director [47ZA . .] 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 . 51 . 52 . 53 . Provisions with respect to Consumers' etc Councils Page 7 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] [56FC Competitive tenders for licences for new licensable activities] Miscellaneous [56G Service by Authority of certain notices on] [Citizens Advice and Citizens Advice Scotland] 57 . 58 Directions restricting the use of certain information 59 Making
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