Part VIU.K. Miscellaneous and Supplementary

MiscellaneousU.K.

103 Overall [F1carbon emissions reduction targets].U.K.

(1)For the purposes of the exercise [F2of the functions of the Administrator] under either or both of—

(a)section 33BC of the 1986 Act ([F3promotion of reductions in carbon emissions:] gas transporters and suppliers) and any order made under that section, and

(b)section 41A of the 1989 Act ([F3promotion of reductions in carbon emissions:] electricity F4... distributors and suppliers) and any order made under that section,

the Secretary of State may by order specify an overall target for the promotion of [F5the measures mentioned in subsection (2) of each of those sections].

[F6(1A)The power conferred by this section may be exercised so as to specify more than one overall target in relation to the same period or to periods that overlap to any extent.]

(2)Where an overall target applies in relation to both sections mentioned in subsection (1), the order specifying the target may make provision [F7 the target to be apportioned ] between—

(a)persons who are gas transporters or gas suppliers (for the purposes of section 33BC of the 1986 Act and any order under that section); and

(b)persons who are F8... electricity distributors or electricity suppliers (for the purposes of section 41A of the 1989 Act and any order under that section),

by reference to such criteria as may be specified in the order.

[F9(2A)Where an overall target applies in relation to a section mentioned in subsection (1) the order specifying the target may make provision for the target to be apportioned between—

(a)measures carried out in England and Wales, and

(b)measures carried out in Scotland,

by reference to such criteria as may be specified in the order.]

(3)[F10 The Administrator ] shall exercise its functions under the provisions mentioned in subsection (1) in relation to which an overall target applies (and in particular its functions relating to the determination of [F11carbon emissions reduction targets]) in the manner it considers best calculated to result in the achievement of the overall target.

[F12(3A)Where a target is apportioned under subsection (2A) for the purposes of a section, an order under that section may include provision for a supplier to elect, subject to any conditions specified in the order—

(a)that, for the purposes of meeting the carbon emissions reduction target under an obligation imposed by the order in relation to England and Wales, a measure carried out in Scotland is to be treated instead as carried out in England and Wales;

(b)that, for the purposes of meeting the carbon emissions reduction target under an obligation imposed by the order in relation to Scotland, a measure carried out in England and Wales is to be treated instead as carried out in Scotland.

(3B)An order may not make provision under subsection (3A)(b) unless the Scottish Ministers have agreed to such provision being made.]

(4)Before making an order under this section the Secretary of State shall consult the Authority, [F13Citizens Advice, [F14Consumer Scotland]], gas transporters, gas suppliers, F15... electricity distributors, electricity suppliers, and such other persons as he considers appropriate.

(5)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.

[F16103AOverall home-heating cost reduction targetsU.K.

(1)For the purposes of the exercise of the functions of the Administrator under either or both of—

(a)section 33BD of the 1986 Act (promotion of reductions in home-heating costs: gas transporters and suppliers) and any order made under that section, and

(b)section 41B of the 1989 Act (promotion of reductions in home-heating costs: electricity distributors and suppliers) and any order made under that section,

the Secretary of State may by order specify an overall target for the promotion of measures for reducing the cost to individuals of heating their homes.

(2)The power conferred by this section may be exercised so as to specify more than one overall target in relation to the same period or to periods that overlap to any extent.

(3)Where an overall target applies in relation to both sections mentioned in subsection (1), the order specifying the target may make provision for the target to be apportioned between—

(a)persons who are gas transporters or gas suppliers (for the purposes of section 33BD of the 1986 Act and any order made under that section); and

(b)persons who are electricity distributors or electricity suppliers (for the purposes of section 41B of the 1989 Act and any order under that section),

by reference to such criteria as may be specified in the order.

[F17(3A)Where an overall target applies in relation to a section mentioned in subsection (1) the order specifying the target may make provision for the target to be apportioned between—

(a)measures carried out in England and Wales, and

(b)measures carried out in Scotland,

by reference to such criteria as may be specified in the order.]

(4)The Administrator shall exercise its functions under the provisions mentioned in subsection (1) in relation to which an overall target applies (and in particular its functions relating to the determination of home-heating cost reduction targets) in the manner it considers best calculated to result in the achievement of the overall target.

[F18(4A)Where a target is apportioned under subsection (3A) for the purposes of a section, an order under that section may include provision for a supplier to elect, subject to any conditions specified in the order,—

(a)that, for the purposes of meeting the home-heating cost reduction target under an obligation imposed by the order in relation to England and Wales, a measure carried out in Scotland is to be treated instead as carried out in England and Wales;

(b)that, for the purposes of meeting the home-heating cost reduction target under an obligation imposed by the order in relation to Scotland, a measure carried out in England and Wales is to be treated instead as carried out in Scotland.

(4B)An order may not make provision under subsection (4A)(b) unless the Scottish Ministers have agreed to such provision being made.]

(5)Before making an order under this section the Secretary of State shall consult the Authority, [F19Citizens Advice, [F20Consumer Scotland]], gas transporters, gas suppliers, electricity distributors, electricity suppliers, and such other persons as the Secretary of State considers appropriate.

(6)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.]

[F21103B Power of Secretary of State [F22and the Scottish Ministers] to require information: carbon emissions reduction targets and home-heating cost reduction targetsU.K.

(1)[F23Subject to subsection (1A),] the Secretary of State may by notice require a person within subsection (3) to provide the Secretary of State with specified information, or information of a specified kind, for the purpose of enabling the Secretary of State—

(a)to decide whether to make a carbon emissions reduction order or a home-heating cost reduction order and, if so, what provision to include in the order;

(b)to review the operation and effect of a carbon emissions reduction order or a home-heating cost reduction order;

(c)to establish and maintain a record (“a measures record”) of properties in respect of which carbon emissions reduction measures or home-heating cost reduction measures have been taken and of the type of measure taken in respect of each such property.

[F24(1A)The Scottish Ministers may exercise the power in subsection (1)(b) and (c) in order to require information to review the operation of any carbon emissions reduction order or home-heating cost reduction order made by the Scottish Ministers and to establish and maintain a measures record in relation to such orders.]

(2)For the purpose of enabling a person (“A”) to establish and maintain a measures record on behalf of the Secretary of State [F25or the Scottish Ministers], the Secretary of State [F26and the Scottish Ministers] may by notice require any person within subsection (3) to provide A with specified information or information of a specified kind.

(3)Those persons are—

(a)gas transporters and gas suppliers;

(b)electricity distributors and electricity suppliers;

(c)the Authority; and

(d)any body other than the Authority that is for the time being the Administrator in relation to a carbon emissions reduction order or a home-heating cost reduction order.

(4)Information required to be provided by a notice under this section must be provided—

(a)in such form as may be specified;

(b)within such period as may be specified or at such intervals as may be specified.

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

(6)Information obtained by virtue of this section may be disclosed by the Secretary of State—

(a)to the Welsh Ministers for the purpose of enabling them to review the operation and effect in Wales of a carbon emissions reduction order or a home-heating cost reduction order;

(b)to the Scottish Ministers for the purpose of enabling them to review the operation and effect in Scotland of a carbon emissions reduction order or a home-heating cost reduction order.

[F27(6A)Information obtained by virtue of subsection (1A) may be disclosed by the Scottish Ministers—

(a)to the Secretary of State;

(b)to the Welsh Ministers for the purpose of enabling them to review the operation and effect in Wales of a carbon emissions reduction order or home-heating cost reduction order.]

(7)In sections 28 to 30F and section 38 of the 1986 Act (enforcement of relevant requirements etc) a reference to a “relevant requirement” is to be treated as including a reference to a requirement imposed on a gas transporter or gas supplier under this section.

(8)In sections 25 to 28 of the 1989 Act (enforcement of relevant requirements etc) a reference to a “relevant requirement” is to be treated as including a reference to a requirement imposed on an electricity distributor or electricity supplier under this section.

(9)In this section—

• “a carbon emissions reduction order” means an order under—

  (a)

  section 33BC of the 1986 Act;

  (b)

  section 41A of the 1989 Act; or

  (c)

  section 103 of this Act;

• “a home-heating cost reduction order” means an order under—

  (a)

  section 33BD of the 1986 Act;

  (b)

  section 41B of the 1989 Act; or

  (c)

  section 103A of this Act;

• “a carbon emissions reduction measure” is a measure of a kind mentioned in subsection (2) of each of section 33BC of the 1986 Act and section 41A of the 1989 Act;

• “a home-heating cost reduction measure” is a measure of a kind mentioned in subsection (2)(b) of each of section 33BD of the 1986 Act and section 41B of the 1989 Act;

• “specified” means specified in a notice under this section.]

F28104 Specialist members of the Competition Commission.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105 General restrictions on disclosure of information.E+W+S

(1)Information which—

(a)has been obtained under or by virtue of the provisions of this Act, Part I of the 1986 Act [F29, Part 1 of the 1989 Act F30...] [F31, section 184(5) or 185(5) of the Energy Act 2004 [F32 or Part 2 or section 27 or 28 of the Energy Act 2010] [F33or section 50 or 51 of the Energy Act 2013] or section 41 or 100 of the Energy Act 2008 [F34or the Domestic Gas and Electricity (Tariff Cap) Act 2018] [F35or the Nuclear Energy (Financing) Act 2022]] [F36or a relevant scheme or regulations made under section 9(1) or (2) or section 16 of the Energy Prices Act 2022] [F37or Part 1 of the Energy Act 2023] [F38or Part 5 of that Act]; and

(b)relates to the affairs of any individual or to any particular business,

shall not be disclosed during the lifetime of the individual or so long as the business continues to be carried on, except as provided below.

(2)Subsection (1) does not apply to a disclosure made with the consent of the individual or the person for the time being carrying on the business.

(3)Subsection (1) does not apply to a disclosure if—

(a)it is made for the purpose of facilitating the performance of any functions of the Secretary of State, the Authority, [F39Citizens Advice, Citizens Advice Scotland] [F40, Consumer Scotland] or the [F41Competition and Markets Authority] under the 1986 Act, the 1989 Act [F42, section 184 or 185 of the Energy Act 2004] [F43 sections 41 to 43 F44... of the Energy Act 2008] [F45, Part 2 or section 28 of the Energy Act 2010] [F33, section 50 or 51 of the Energy Act 2013] [F46, the REMIT Regulations] or this Act;

[F47(aza)it is made for the purpose of facilitating the performance, by a body specified as the Administrator under an order under section 33BC or 33BD of the Gas Act 1986 or under section 41A or 41B of the Electricity Act 1989, of its functions under that section and the order;]

[F48(azb)it is made for the purpose of facilitating the performance of any functions of the Authority under [F49Part 3 of the Enterprise Act 2002 or under] the Domestic Gas and Electricity (Tariff Cap) Act 2018;]

[F50(azc)it is made for the purpose of facilitating the performance of any functions of the Authority under or by virtue of the Nuclear Energy (Financing) Act 2022;]

[F51(azd)it is made for the purpose of facilitating the performance of any functions of the Authority under or by virtue of Part 1 of the Energy Act 2023;]

[F52(aa)it is made for the purpose of facilitating any functions of any person under section 100 of the Energy Act 2008;]

[F53(ab) it is required by a notice under section 103B of this Act or is permitted by subsection (6) of that section;]

[F54(ac)it is required by any person in exercise of a power to require information conferred by regulations under section 16 of the Energy Prices Act 2022;]

[F55(ad)it is made for the purpose of facilitating any functions of the Authority, a delivery body or a contract counterparty (within the meaning of Part 1 of the 1989 Act) under regulations under section 6C of that Act;]

(b)it is required by a notice under section 38(1A) of the 1986 Act or section 28(2A) of the 1989 Act;

[F56(ba)it is a protected disclosure for the purposes of the Employment Rights Act 1996 (and for the purposes of ascertaining whether it is a protected disclosure, subsection (9) is to be disregarded);]

(c)it is made by a licence holder and is required to be made by a condition of his licence; or

(d)it is made by one licence holder to another and is required by that other licence holder for purposes connected with the carrying on of relevant activities.

(4)Subsection (1) does not apply to any disclosure of information made—

(a)for the purpose of facilitating the performance by a person or body mentioned in subsection (5) of any function under an Act or instrument specified in subsection (6);

(b)for the purpose of facilitating the performance by the Comptroller and Auditor General, F57...the Health and Safety Executive of any of his or its functions;

[F58(ba)for the purpose of facilitating the performance by the Office for Nuclear Regulation of any of its functions;]

[F59(bb)for the purpose of facilitating the performance by the Independent System Operator and Planner of any of its functions;]

(c)for the purpose of facilitating the exercise by the Secretary of State of any power conferred F60. . . by the enactments relating to companies F60... or insolvency;

(d)for the purpose of facilitating the performance of the functions of an inspector appointed under the enactments relating to companies;

[F61(da)for the purpose of facilitating the performance by the Secretary of State, the Treasury [F62, the Financial Conduct Authority, the Prudential Regulation Authority or the Bank of England ] of any functions under the Financial Services and Markets Act 2000 [F63or the Consumer Credit Act 1974];

(db)for the purpose of facilitating the discharge of any function by a person appointed under—

(i) section 97 of the financial Services and Markets Act 2000 (investigations into a breach of listing rules etc.),

(ii)section 167 of that Act (general investigations), or

(iii)section 168 of that Act (investigations in particular cases);]

(e)for the purpose of facilitating the performance by an official receiver of his functions under the enactments relating to insolvency or by a recognised professional body for the purposes of section 391 of the M1Insolvency Act 1986 of its functions as such a body;

(f)in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(g)for the purposes of any civil proceedings brought [F64—

(i)under or by virtue of the 1986 Act, the 1989 Act, this Act or any Act or instrument specified in subsection (6), or

(ii)in reliance on section 47B or 103A of the Employment Rights Act 1996;]

[F65(ga)in connection with the investigation of any failure to comply with a REMIT requirement [F66or an EU REMIT requirement] or for the purposes of any proceedings brought under or by virtue of REMIT [F67or any proceedings brought under or by virtue of EU REMIT in a member State];] or

(h)in pursuance of [F68an assimilated] obligation.

(5)The persons and bodies specified for the purposes of subsection (4)(a) are—

(a)a Minister of the Crown;

(b)the [F69Competition and Markets Authority];

F70(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F71(d)the Office of Communications;]

[F72(e)the Water Services Regulation Authority;]

[F73(f)the Northern Ireland Authority for Utility Regulation;]

(h)[F74the Office of Rail and Road];

(i)the Civil Aviation Authority;

F75(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)the Coal Authority; F76...

(l)a local weights and measures authority in Great Britain [F77, F78...

[F79(m)   Citizens Advice, F80...

(n)Citizens Advice Scotland [F81, and]]]

[F81(o)Consumer Scotland.]

(6)The Acts and instruments specified for the purposes of subsection (4)(a) and (g) are—

(a)the M2Trade Descriptions Act 1968;

(b)the M3Fair Trading Act 1973;

(c)the M4Consumer Credit Act 1974;

(d)the M5Estate Agents Act 1979;

(e)the M6Competition Act 1980;

(f)the M7National Audit Act 1983;

(g)the M8Telecommunications Act 1984;

(h)the M9Airports Act 1986;

(i)the M10Insolvency Act 1986;

(j)the M11Consumer Protection Act 1987;

F82(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)the M12Water Act 1989, the M13Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of the Water Industry Act 1991) [F83or the Water Act 2003] [F84 or the Water and Sewerage Services (Northern Ireland) Order 2006] [F85or the Water Act 2014];

(m)the M14Electricity (Northern Ireland) Order 1992;

(n)the M15Railways Act 1993;

(o)the M16Coal Industry Act 1994;

(p)the M17Gas (Northern Ireland) Order 1996;

(q)the M18Competition Act 1998.

[F86(r)Part I of the Transport Act 2000.]

[F87(s)the Enterprise Act 2002]

[F88(t)the Communications Act 2003.]

[F89(u)the Railways Act 2005.]

[F90(v)the Business Protection from Misleading Marketing Regulations 2008;

(w)the Consumer Protection from Unfair Trading Regulations 2008.]

[F91(x)the Consumers, Estate Agents and Redress Act 2007.]

[F92(x)Part 1 of the Civil Aviation Act 2012]

[F93(y)the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations (Northern Ireland) 2013.]

[F94(y)Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;]

[F95(z)the Domestic Gas and Electricity (Tariff Cap) Act 2018.]

[F96(z1)Part 1 of the Energy Act 2023.]

[F97(6A)If the Authority is making a decision whether to disclose information to [F98a national regulatory authority of a member State] under subsection (4)(ga), the Authority must have regard in particular to whether there are arrangements in place for the provision of mutual assistance in relation to the disclosure of information.]

(7)The Secretary of State may by order modify subsection (3), (4), (5) or (6).

(8)Nothing in subsection (1) is to be construed either as limiting the matters which may be—

(a)published under section F99... 35 of the 1986 Act or section [F100 32J or]F99... 48 of the 1989 Act;

(b)made public by the Authority as part of a notice under section 26; or

(c)included in, or made public as part of, a report of the Authority F101... or the [F102Competition and Markets Authority] under any provision of this Act, Part I of the 1986 Act or Part I of the 1989 Act;

or as applying to information which has been so published or has been made public as part of such a notice or such a report.

[F103(8A)Subsection (1) does not apply to a disclosure of information which has been obtained—

(a)under or by virtue of a relevant scheme if it is made by a person in connection with that person’s performance of the terms of that relevant scheme, or

(b)under or by virtue of regulations made under section 9(1) or (2) of the Energy Prices Act 2022 if the disclosure is made by a person in connection with the exercise of that person’s functions under the regulations.]

(9)A person who discloses any information in contravention of this section is guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(10)In this section—

• [F104“EU REMIT” means Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (OJ L 326, 8.12.2011, p.1–16), as it has effect in EU law as amended from time to time;]

• [F105“EU REMIT requirement” means a requirement imposed by any of Articles 3(1) and (5), 4(1), (2) and (3), 5, 8(1) and (5), 9(1), (4) and (5) and 15 of EU REMIT;]

• [F106“the Independent System Operator and Planner” means the person for the time being designated under section 162(1) of the Energy Act 2023;]

• “licence holder” means the holder of a gas licence or an electricity licence; and

• [F107“national regulatory authority” has the same meaning as in [F108EU] REMIT;]

• “relevant activities”, in relation to a licence holder, means activities he is authorised by his licence to carry on (including, in the case of a gas transporter, the activities mentioned in section 7(1)(b) and (c) of the 1986 Act).

• [F109“relevant scheme” means—

  (a)

  a domestic electricity price reduction scheme for Great Britain, or

  (b)

  a domestic gas price reduction scheme for Great Britain,

  within the meaning of the Energy Prices Act 2022 (see section 1 of that Act);]

• [F110“REMIT” means Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency;

• “the REMIT Regulations” means the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013;

• “REMIT requirement” has the same meaning as in the REMIT Regulations [F111;]] [F112and

• the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.]

(11)Information obtained by the Authority in the exercise of functions which are exercisable concurrently with [F113the Competition and Markets Authority] under Part I of the M19Competition Act 1998 is subject to [F114Part 9 of the Enterprise Act 2002 (Information)] and not to subsections (1) to (10) of this section.

[F115(11A)Nothing in this section applies to information within section 29(3) of the Consumers, Estate Agents and Redress Act 2007 (application of disclosure regime in Part 9 of the Enterprise Act 2002 to information obtained by [F116Citizens Advice [F117, Citizens Advice Scotland or Consumer Scotland]]).]

[F118(11B)Nothing in this section applies to information to which section 105A applies.]

(12)The power to make an order under subsection (7) is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.