Gas Act 1986

F1[ Standards of performance]E+W+S

F2[33A Standards of performance in individual cases.E+W+S

[F3(1)The Authority may make regulations prescribing such standards of performance in connection with the activities of gas suppliers, so far as affecting customers or potential customers of theirs, as in the Authority’s opinion ought to be achieved in individual cases.

(2)Regulations under this section may only be made with the consent of the Secretary of State.]]

(3)Regulations under this section may—

(a)prescribe circumstances in which [F4gas suppliers] are to inform [F5customers or potential customers] of their rights under this section [F6or the rights under section 33AA];

(b)prescribe such standards of performance in relation to any duty arising under paragraph (a) above as, in the Director’s opinion, ought to be achieved in all cases;

(c)prescribe circumstances in which [F4gas suppliers] are to be exempted from any requirements of the regulations or this section; and

(d)[F7if 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,] make different provision with respect to different [F4gas suppliers].

(4)If a [F8gas supplier] fails to meet a prescribed standard, he shall make to any [F9customer or potential customer] who is affected by the failure [F10and is of a prescribed description]such compensation as may be determined by or under the regulations.

(5)The making of compensation under this section in respect of any failure to meet a prescribed standard shall not prejudice any other remedy which may be available in respect of the act or omission which constituted that failure.

F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13[33AA Standards of performance in individual cases: gas transporters.E+W+S

(1)The Authority may make regulations prescribing such standards of performance in connection with the activities of gas transporters, so far as affecting customers or potential customers of gas suppliers, as in the Authority’s opinion ought to be achieved in individual cases.

(2)Regulations under this section may only be made with the consent of the Secretary of State.

(3)If a gas transporter fails to meet a prescribed standard, he shall make to any customer or potential customer of a gas supplier who is affected by the failure and is of a prescribed description such compensation as may be determined by or under the regulations.

(4)The regulations may—

(a)prescribe circumstances in which gas transporters are to inform customers or potential customers of gas suppliers of their rights under this section;

(b)prescribe such standards of performance in relation to any duty arising under paragraph (a) as, in the Authority’s opinion, ought to be achieved in all cases;

(c)make provision as to the manner in which compensation under this section is to be made;

(d)prescribe circumstances in which gas transporters are to be exempted from any requirements of the regulations or this section; and

(e)if the Authority is of the opinion that the differences are such that no gas transporter would be unduly disadvantaged in competing with other gas transporters, make different provision with respect to different gas transporters.

(5)Provision made under subsection (4)(c) may—

(a)require or permit compensation to be made on behalf of gas transporters by gas suppliers to customers or potential customers;

(b)require gas suppliers to provide services to gas transporters in connection with the making of compensation under this section.

(6)The making of compensation under this section in respect of any failure to meet a prescribed standard shall not prejudice any other remedy which may be available in respect of the act or omission which constituted that failure.]

F14[33AB Standards of performance in individual cases: disputes.E+W+S

(1)Any dispute arising under section 33A or 33AA or regulations made under either of those sections—

(a)may be referred to the Authority by either party or, with the agreement of either party, by the Council; and

(b)on such a reference, shall be determined by order made by the Authority or, if it thinks fit, by such person (other than the Council) as may be prescribed.

(2)A person making an order under subsection (1) shall include in the order his reasons for reaching his decision with respect to the dispute.

(3)The practice and procedure to be followed in connection with any such determination shall be such as may be prescribed.

(4)An order under subsection (1) shall be final and shall be enforceable—

(a)in England and Wales, as if it were a judgment of a county court; and

(b)in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.

(5)In this section “prescribed” means prescribed by regulations made by the Authority with the consent of the Secretary of State.]

[F1533B Overall standards of performance.E+W+S

(1)The Director may from time to time—

(a)determine such standards of overall performance in connection with the provision of gas supply services by [F16gas suppliers] as, in his opinion, ought to be achieved by them; and

(b)arrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined.

F17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(3)Different standards may be determined for different gas suppliers 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.

(3A)Standards may be determined either as respects the provision of gas supply services generally or as respects the provision of such services to customers of a particular class or description.]

(4)It shall be the duty of every [F19gas supplier] to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this section.]

F20[33BA Overall standards of performance: gas transporters.E+W+S

(1)The Authority may from time to time—

(a)determine such standards of overall performance in connection with the activities of gas transporters as, in its opinion, ought to be achieved by them; and

(b)arrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined.

(2)Different standards may be determined for different gas transporters if the Authority is of the opinion that the differences are such that no gas transporter would be unduly disadvantaged in competing with other gas transporters.

(3)It shall be the duty of every gas transporter to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this section.]

F21[33BAA Procedures for prescribing or determining standards of performance.E+W+S

(1)Before prescribing standards of performance in regulations under section 33A or 33AA, or determining standards of performance under section 33B or 33BA, the Authority shall—

(a)arrange for such research as the Authority considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and consider the results;

(b)publish a notice of its proposals in accordance with subsections (2) and (3) and consider any representations which are duly made in respect of those proposals; and

(c)consult the Council and other persons or bodies mentioned in subsection (4).

(2)The notice required by subsection (1)(b) is a notice—

(a)stating that the Authority proposes to prescribe or determine standards of performance and setting out the standards of performance proposed;

(b)stating the reasons why it proposes to prescribe or determine those standards of performance; and

(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposals may be made.

(3)A notice required by subsection (1)(b) shall be published in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of those likely to be affected by the proposals.

(4)The persons or bodies to be consulted by the Authority under subsection (1)(c) are—

(a)gas suppliers (in the case of standards of performance under section 33A or 33B) or gas transporters and gas suppliers (in the case of standards of performance under section 33AA or 33BA); and

(b)persons or bodies appearing to the Authority to be representative of persons likely to be affected by the regulations or determination.

(5)The Authority shall make arrangements for securing that notices under subsection (1)(b), regulations under section 33A or 33AA and determinations under section 33B or 33BA are made available to the public by whatever means it considers appropriate.]

[F2233BC [F23Promotion of reductions in carbon emissions: gas transporters and gas suppliers]E+W+S

(1)The Secretary of State may by order impose—

(a)on each gas transporter (or each gas transporter of a specified description); and

(b)on each gas supplier (or each gas supplier of a specified description),

an obligation to achieve, within a specified period and in accordance with the order, the [F24carbon emissions reduction target] to be determined by [F25the Administrator] under the order for that transporter or supplier (and that obligation is referred to in this section as [F26a “carbon emissions reduction obligation”]).

[F27(1A)The power to make orders under this section may be exercised so as to impose more than one carbon emissions reduction obligation on a person in relation to the same period or to periods that overlap to any extent.]

[F28(2)In this section “carbon emissions reduction target” means a target for the promotion of any of the following—

(a)measures for improving energy efficiency, that is to say, efficiency in the use by consumers of electricity, gas conveyed through pipes or any other source of energy which is specified in the order;

(b)if the order so provides—

(i)measures for increasing the amount of electricity generated, or heat produced, by microgeneration;

(ii)any other measures of a description specified in the order for increasing the amount of electricity generated, or heat produced, using low-emissions sources or technologies;

(iii)measures for reducing the consumption of such energy as is mentioned in paragraph (a).]

[F29(2A)In this section “the Administrator” means—

(a)the Authority; or

(b)if the order so provides, the Secretary of State or a specified body other than the Authority.]

(3)An order under this section may specify criteria by reference to which [F30the Administrator] is to determine [F31carbon emissions reduction targets] for the gas transporters and gas suppliers on whom obligations are imposed by the order.

(4)The Secretary of State and [F32(subject to any directions given under subsection (9B)) the Administrator] shall carry out their respective functions under this section in the manner he or it considers is best calculated to ensure that no gas transporter is unduly disadvantaged in competing with other gas transporters and no gas supplier is unduly disadvantaged in competing with other gas suppliers.

(5)The order may make provision generally in relation to the [F33carbon emissions reduction obligations] which it imposes, including in particular provision—

(a)as to the treatment of persons who become gas transporters or gas suppliers after the beginning of the period to which the order relates;

(b)as to the action which qualifies for the purpose of meeting the whole or any part of [F34a carbon emissions reduction target];

[F35(ba)requiring part of a carbon emissions reduction target to be met by action of a specified description;

(bb)requiring the whole or any part of a carbon emissions reduction target to be met by action relating to—

(i)individuals of a specified description,

(ii)property of a specified description,

(iii)specified areas or areas of a specified description, or

(iv)individuals or property of a specified description in specified areas or areas of a specified description;

(bc)enabling the Administrator to direct a transporter or supplier to meet part of a carbon emissions reduction target by action relating to an individual named in the direction;

(bd)preventing action from qualifying for the purpose of meeting the whole or any part of a carbon emissions reduction target unless such persons as are specified in, or determined in accordance with, the order—

(i)have been consulted about the action;

(ii)have consented to the action;

(be)requiring action which qualifies for the purpose of meeting both a carbon emissions reduction target and a home-heating cost reduction target to be treated as qualifying only for the purpose of meeting such one of those targets as the transporter or supplier concerned elects;

(c)determining, or specifying the method for determining, the contribution that any action makes towards meeting a carbon emissions reduction target;]

(d)requiring transporters and suppliers to give to [F36the Administrator] specified information, or information of a specified nature, about their proposals for complying with their [F37carbon emissions reduction obligations];

(e)requiring [F38the Administrator] to determine—

(i)whether any proposed action qualifies for the purpose of achieving the whole or any part of a person’s [F39carbon emissions reduction target]; and

[F40(ii)if so, what contribution the proposed action (or any result of that action specified in the determination) is to make towards achieving the carbon emissions reduction target;]

(f)requiring transporters or suppliers to produce to [F41the Administrator] evidence of a specified kind demonstrating that they have complied with their [F42carbon emissions reduction obligations][F43; and

(g)requiring the Administrator or a specified body to offer services of a specified kind and authorising a specified fee to be charged to those who take up the offer.]

[F44(5A)If the order makes provision by virtue of subsection (5)(bc) enabling the Administrator to direct a transporter or supplier to meet part of a carbon emissions reduction target by action relating to an individual named in the direction the order may also make provision—

(a)authorising the Administrator to require specified persons to provide it with information for the purpose of enabling it to identify and select individuals who are to be the subject of a direction;

(b)specifying criteria in accordance with which the Administrator is to select individuals who are to be the subject of a direction;

(c)determining, or specifying the method for determining, which transporter or supplier is to be given a direction in relation to any particular individual selected in accordance with provision made under paragraph (b);

(d)authorising the Administrator, if it gives a direction to a transporter or supplier, to provide the transporter or supplier with information relating to the individual concerned for the purpose of assisting the transporter or supplier to comply with the direction;

(e)as to the times at which a direction may be given;

(f)as to the circumstances in which a direction need not be complied with.

(5B)Provision made by virtue of subsection (5)(c) may in particular provide for an action to be treated as making a greater contribution than it would otherwise do if the action relates to—

(a)an individual of a specified description,

(b)a property of a specified description, or

(c)both an individual of a specified description and a property of a specified description.]

(6)The order may make provision authorising [F45the Administrator] to require a transporter or supplier to provide it with specified information, or information of a specified nature, relating to—

(a)his proposals for complying with his [F46carbon emissions reduction obligation]; or

(b)the question whether he has complied with that obligation.

(7)The order may make provision as to circumstances in which—

(a)a person’s [F47carbon emissions reduction target] may be altered during the period to which the order relates;

(b)the whole or any part of a person’s [F47carbon emissions reduction target] may be treated as having been achieved by action taken otherwise than by or on behalf of that person;

(c)any action taken before the period to which the order relates may be treated as qualifying action taken during that period;

(d)the whole or any part of a person’s [F48carbon emissions reduction target] may be transferred to another gas transporter or gas supplier or to an electricity distributor or electricity supplier (within the meaning of Part I of the M1Electricity Act 1989); or

(e)a person may carry forward the whole or any part of his [F48carbon emissions reduction target] for the period to which the order relates to a subsequent period.

[F49(7A)The order may—

(a)make provision for any specified requirement contained in it to be treated as a relevant requirement for the purposes of this Part; or

(b)if it provides for the Administrator to be a person other than the Authority, make provision for and in connection with enabling the Administrator to enforce any requirement imposed by the order.

(7B)Provision made by virtue of paragraph (b) of subsection (7A) may, in particular, include provision corresponding to or applying (with or without modifications) any of sections 28 to 30F and section 38.]

(8)The order may—

(a)provide for exceptions from any requirement of the order;

F50(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)make supplementary, incidental and transitional provision; and

(d)subject to subsection (4), make different provision for different cases (including different provision in relation to different transporters or suppliers).

(9)The order may include provision for treating the promotion of the supply to premises of—

(a)electricity generated by a generating station which is operated for the purposes of producing heat, or a cooling effect, in association with electricity;

(b)heat produced in association with electricity or steam produced from (or air or water heated by) such heat; or

(c)any gas or liquid subjected to a cooling effect produced in association with electricity,

as promotion of improvements in energy efficiency.

[F51(9A)The order may make provision requiring the Administrator to give guidance to transporters or suppliers concerning such matters relating to the order as are specified.

(9B)The Administrator shall carry out its functions under this section in accordance with any general or specific directions given to it by the Secretary of State.]

(10)No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.

[F52(10A)The Secretary of State must obtain the consent of the Scottish Ministers before making an order under this section which contains provision that—

(a)is included by virtue of subsection (2)(b),

(b)extends to Scotland, and

(c)would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.]

(11)Before making an order under this section the Secretary of State shall consult the Authority, the Council, gas transporters and gas suppliers and such other persons as he considers appropriate.

(12)An order under this section shall not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.]

[F53(12A)Subsection (12) does not apply to an order under this section made only for the purpose of amending an earlier order under this section so as to alter the provision included in the earlier order by virtue of any of paragraphs (b), (ba) or (c) of subsection (5).But such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12B)If an order under this section provides for the Administrator to be a body other than the Authority, the Secretary of State may make payments to the body of such amounts as the Secretary of State considers appropriate.]

[F54(13)In this section—

• “ [F55home-heating cost reduction target ” has the meaning given by section 33BD(2)(a);]

• “microgeneration” has the same meaning as in the Climate Change and Sustainable Energy Act 2006;

• “plant” includes any equipment, apparatus or appliance;

• [F56“specified” means specified in the order.]

(14)For the purposes of subsection (2)(b)(ii), electricity is generated, or heat is produced, using low-emissions sources or technologies if it is generated, or produced, by plant which relies wholly or mainly on a source of energy or a technology mentioned in section 26(2) of the Climate Change and Sustainable Energy Act 2006.]

[F5733BDPromotion of reductions in home-heating costs: gas transporters and gas suppliersE+W+S

(1)The Secretary of State may by order impose—

(a)on each gas transporter (or each gas transporter of a specified description); and

(b)on each gas supplier (or each gas supplier of a specified description),

an obligation to achieve, within a specified period and in accordance with the order, the home-heating cost reduction target to be determined by the Administrator under the order for that transporter or supplier (and that obligation is referred to in this section as a “home-heating cost reduction obligation”).

(2)In this section—

(a)“the Administrator” means—

(i)the Authority; or

(ii)if the order so provides, the Secretary of State or a specified body other than the Authority;

(b)“home-heating cost reduction target” means a target for the promotion of measures for reducing the cost to individuals of heating their homes;

(c)“specified” means specified in the order.

(3)The power to make orders under this section may be exercised so as to impose more than one home-heating cost reduction obligation on a person in relation to the same period or to periods that overlap to any extent.

(4)Subsections (3), (5) to (8), (9A) and (10A) to (12B) of section 33BC apply to an order under this section as they apply to an order under that section, with the following modifications—

(a)for “carbon emissions reduction obligation” (in each place) substitute “ home-heating cost reduction obligation ”;

(b)for “carbon emissions reduction obligations” (in each place) substitute “ home-heating cost reduction obligations ”;

(c)for “carbon emissions reduction target” (in each place other than in paragraph (be) of subsection (5)) substitute “ home-heating cost reduction target ”;

(d)for “carbon emissions reduction targets” (in each place) substitute “ home-heating cost reduction targets ”; and

(e)omit paragraph (a) of subsection (10A).

(5)Subsections (4) and (9B) of section 33BC apply to the carrying out by the Secretary of State and the Administrator of their respective functions under this section as they apply to the carrying out by those persons of their functions under that section.

(6)No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.]

F58[33BB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5933CInformation with respect to levels of performance.E+W+S

(1)The Director shall from time to time collect information with respect to—

(a)the compensation made by [F60gas suppliers] under section 33A above;

(b)the levels of overall performance achieved by [F60gas suppliers] in connection with the provision of gas supply services; F61. . .

F61(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F62(1A)The Authority shall from time to time collect information with respect to—

(a)the compensation made by gas transporters under section 33AA;

(b)the levels of overall performance achieved by gas transporters.]

(2)At such times as the Director may direct, each [F63gas supplier] shall give the following information to the Director—

(a)as respects each standard prescribed by regulations under section 33A above, the number of cases in which compensation was made and the aggregate amount or value of that compensation; and

(b)as respects each standard determined under [F64section 33B F65. . ., ]such information with respect to the level of performance achieved by the supplier as [F66the Authority may direct].

[F67(2A)At such times as the Authority may direct, each gas transporter shall give the following information to the Authority—

(a)as respects each standard prescribed by regulations under section 33AA, the number of cases in which compensation was made and the aggregate amount or value of that compensation; and

(b)as respects each standard determined under section 33BA, such information with respect to the level of performance achieved by the transporter as the Authority may direct.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F6933D Information to be given to customers about overall performance.E+W+S

(1)The Authority may make regulations requiring such information as may be specified or described in the regulations about—

(a)the standards of overall performance determined under section 33B or 33BA; and

(b)the levels of performance achieved as respects those standards,

to be given by gas suppliers or gas transporters to customers or potential customers of gas suppliers.

(2)Regulations under this section may include provision—

(a)as to the form and manner in which and the frequency with which information is to be given; and

(b)requiring information about the matters mentioned in subsection (1)(a) or (b) and relating to gas transporters to be given by gas transporters to gas suppliers and by gas suppliers to their customers or potential customers.]

[F7033DA Publication of statistical information about standards of performance.E+W+S

(1)It shall be the duty of the Council to publish, in such form and manner and with such frequency as it thinks appropriate, such statistical information as it considers appropriate in relation to—

(a)the levels of performance achieved by gas suppliers and gas transporters in respect of—

(i)standards of performance prescribed or determined under sections 33A, 33AA, 33B and 33BA; and

(ii)[F71carbon emissions reduction obligations] imposed by order under section 33BC; and

[F72(iii)home-heating cost reduction obligations imposed by order under section 33BD; and]

(b)complaints made by consumers about any matter relating to the activities of such suppliers or transporters and the handling of such complaints.

(2)In subsection (1)(b) “complaints” includes complaints made directly to gas suppliers and gas transporters (or anyone carrying on activities on their behalf) and complaints to the Authority or the Council.]

[F7333DBInformation relating to complaints handling standardsE+W+S

(1)This section applies in relation to standards prescribed by the Authority by regulations under section 43 of the Consumers, Estate Agents and Redress Act 2007 (standards for complaints handling) in relation to licence holders (or some of them).

(2)The Authority must from time to time collect information with respect to the levels of compliance with the standards which those licence holders have achieved.

(3)At such times as the Authority may direct, each of those licence holders must give the Authority such information as the Authority may direct with respect to the levels of compliance with the standards which the licence holder has achieved.]

F7433E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S