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Electricity Act 1989CHAPTER 29

ELECTRICITY ACT 1989

PART IELECTRICITY SUPPLY

Introductory1 ELECTRICITY SUPPLY 2 ELECTRICITY SUPPLY 3 General duties of Secretary of State and Director.

3A The principal objective and general duties of the Secretary of State andthe 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. 6C Competitive tenders for offshore transmission licences 6D Section 6C: supplemental provision

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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 generationin 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: independence10A 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 outsidethe 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

Modification of licences11 Modification by agreement.

11A Modification of conditions of licences 11B Modification of conditions under section 11A: supplementary

Appeal from decisions of the Authority11C 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.

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14A Competition Commission’s power to veto modifications followingreport.

15 Modification by order under other enactments. 15A Licence modifications relating to new electricity trading arrangements.

Duties of electricity distributors16 Duty to connect on request.

16A Procedure for requiring a connection. 17 Exceptions from duty to connect. 18 ELECTRICITY SUPPLY 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 persons25 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 generally29 Regulations relating to supply and safety. 30 Electrical inspectors. 31 Use etc. of meters.

Protection of public interest32 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

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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 capacityadded, in the year after the onshore wind closure date: grid or radardelay condition met

32LF Onshore wind generating stations accredited, or additional capacityadded, on or before 31 March 2017: approved development conditionmet

32LG Onshore wind generating stations accredited, or additional capacityadded, between 1 April 2017 and 31 March 2018: grid or radar delaycondition met

32LH Onshore wind generating stations accredited, or additional capacityadded, between 1 April 2017 and 31 January 2018: investment freezingcondition met

32LI Onshore wind generating stations accredited, or additional capacityadded, between 1 February 2018 and 31 January 2019: grid or radardelay 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 ELECTRICITY SUPPLY 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

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36D Proceedings for questioning certain decisions under section 36 36E Applications under section 36D: requirement for permission

37 Consent required for overhead lines. 38 Preservation of amenity and fisheries.

Consumer protection: standards of performance39 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 distributorsand 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: miscellaneous43 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 disputes44B Meaning of “section 44B dispute” 44C Determination of disputes 44D Time limit for determinations

Investigation of complaints45 ELECTRICITY SUPPLY 46 Consumer complaints.

46A Power of Council to investigate other matters.

Other functions of Director47ZA 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.

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50 Other functions of Director

Provisions with respect to committees51 ELECTRICITY SUPPLY 52 ELECTRICITY SUPPLY 53 ELECTRICITY SUPPLY

Provisions with respect to Consumers’ etc. Councils54 ELECTRICITY SUPPLY 55 ELECTRICITY SUPPLY 56 Continuity of employment of officers of abolished Councils.

Alteration of activities requiring licence56A 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

Miscellaneous56G Service by Authority of certain notices on Citizens Advice and

Consumer Scotland.

57 ELECTRICITY SUPPLY 58 Directions restricting the use of certain information. 59 Making of false statements etc.

Supplemental60 Powers to make regulations. 61 Concurrent proceedings. 62 Public inquiries. 63 Application to Crown land. 64 Interpretation etc. of Part I.

PART IIREORGANISATION OF THE INDUSTRY

Transfers to successor companies65 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.

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Ownership of successor companies71 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 companies75 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 floatation82 Responsibility for composite listing particulars. 83 Application of Trustee Investments Act 1961 in relation to investment in

operating companies.

Provisions with respect to existing bodies84 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.

Miscellaneous89 Payments for the use of tax losses. 90 Taxation provisions. 91 Electricity Stock. 92 Abolition of central guarantee fund.

Supplemental93 Parliamentary disqualification. 94 Construction of references to property, rights and liabilities. 95 Other interpretation of Part II.

PART IIIMISCELLANEOUS AND SUPPLEMENTAL

Miscellaneous96 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 enactments100 Competition and restrictive trade practices.

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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 schemes104 Amendment etc. of Electricity Supply Pension Scheme. 105 Amendment etc. of Scottish Pension Schemes.

Supplemental106 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.

SCHEDULESSCHEDULE 1 —

Remuneration, pensions etc.1

Staff2

Expenses of the Director and his staff3

Official seal4

Performance of functions5

Documentary evidence6

The Parliamentary Commissioner7

Parliamentary disqualification etc.8

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SCHEDULE 2 —

Preliminary1

Remuneration, pensions etc. of chairman2

Allowances for other members3

Administration etc.4

Proceedings5 6

Sub-committees7

Financial provisions8

Amendment of other Acts9

10

SCHEDULE 2ZA — Duties of distribution exemption holders

Third party access1 (1) This paragraph applies where— (a) a customer owns or... 2 (1) This paragraph and paragraph 3 apply where a customer... 3 (1) The third party supplier mentioned in paragraph 2(1) may... 4 (1) This paragraph applies where a distribution exemption holder is...

Charges for use of system5 (1) Subject to paragraph 13(1), a distribution exemption holder on... 6 (1) Sub-paragraph (2) applies where a distribution exemption holder is...

Connection7 (1) This paragraph applies where a distribution exemption holder is... 8 (1) Where a distribution exemption holder makes a connection under... 9 (1) This paragraph applies where a distribution exemption holder has...

10 (1) The distribution exemption holder may enter into an agreement... 11 (1) Section 23 (determination of disputes) applies in relation to...

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appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Closed distribution systems12 (1) A distribution exemption holder may apply to the Authority... 13 (1) Paragraph 5(1) to (8) does not apply in relation... 14 (1) Sub-paragraphs (2) and (3) apply if a customer has...

Change of circumstance in respect of a closed distribution system15 (1) If, after a system has been classified as a...

Interpretation16 (1) In this Schedule— “charging statement” (in relation to a...

SCHEDULE 2ZB — Duties of supply exemption holders

Change of supplier1 (1) This paragraph applies if a supply exemption holder enters... 2 (1) This paragraph applies if— (a) a person (“the new... 3 (1) A supply exemption holder must not require a household...

Customer contracts4 (1) Where a supply exemption holder enters into a contract...

Customer information5 (1) No later than 12 months after entering into a... 6 (1) A supply exemption holder must, so far as is... 7 (1) A supply exemption holder must— (a) with each bill...

Determination of disputes8 (1) Sections 44C and 44D apply in relation to an...

Interpretation9 In this Schedule— “customer” means a person who purchases

electricity...

SCHEDULE 2A — Property Schemes

Scheme-making power1 (1) This paragraph applies where— (a) a tender exercise is...

Further provision about the content of a scheme2 (1) A property scheme may also contain—

Applications for schemes3 (1) An application for a property scheme may be made...

Timing of applications4 An application for a property scheme, in relation to a... 5 (1) No application may be made for a property scheme...

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Notifying the non-applicant party6 (1) On receipt of an application for a property scheme,...

Notifying third parties7 (1) As soon as reasonably practicable after receiving the information...

Publishing the application8 As soon as reasonably practicable after an application is made...

Supplementing the application9 (1) The non-applicant party may, by notice served on the...

10 As soon as reasonably practicable after the Authority receives a...

Restricting or withdrawing the application11 (1) Where an application for a property scheme has been...

The Authority's functions in relation to applications12 (1) On an application for the making of a property... 13 (1) On an application for a property scheme, no scheme...

Terms of a property scheme14 (1) Where the Authority is required to make a property... 15 (1) A determination under paragraph 14, so far as relating...

Additional powers of the Authority16 (1) The Authority may, by notice, require any of the... 17 The Authority may engage consultants for the purpose of advising...

Notification of property scheme18 (1) This paragraph applies where the Authority makes a property...

Refusal of application or part of application19 (1) This paragraph applies where the Authority—

Effect of property scheme20 A property scheme, by virtue of this paragraph, has effect... 21 (1) A transaction of any description effected by or under... 22 Where— (a) an amount of compensation is owed to a...

Review of determinations23 (1) Any person affected by a determination of the Authority... 24 (1) This paragraph applies where— (a) the Competition Appeal

Tribunal...

25 (1) This paragraph applies where— (a) the Competition AppealTribunal...

26 (1) This paragraph applies where— (a) the Competition AppealTribunal...

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27 (1) An order under paragraph 23(4)(b) may include provision for...

Interim arrangements pending review of determination28 (1) This paragraph applies where— (a) a person makes an... 29 (1) This paragraph applies where— (a) a person makes an... 30 In exercising its powers under paragraph 28 or 29, the... 31 Paragraphs 28 or 29 are without prejudice to any powers... 32 (1) If an order under paragraph 28 or 29 is...

Appeal on a point of law33 (1) An appeal lies on any point of law arising...

Change of asset owner during application process34 (1) Where any property, rights or liabilities specified in an...

The preferred bidder35 (1) The preferred bidder, in relation to a tender exercise,...

The successful bidder36 (1) The successful bidder, in relation to a tender exercise,...

Associated bodies corporate37 (1) For the purposes of this Schedule, one body corporate...

Interpretation38 (1) In this Schedule— “the asset owner”— in relation to...

SCHEDULE 3 — Compulsory Acquisition of Land etc. by Licence HoldersPart I — POWERS OF ACQUISITION

1 (1) Subject to paragraph 2 below, the Secretary of State... 2 (1) No order shall be made under paragraph 1 above... 3 (1) This paragraph applies to land which— 4 Where a licence holder has acquired any land by virtue...

Part II — PROCEDURE, COMPENSATION ETC. (ENGLAND AND WALES)

Application of Acquisition of Land Act 1981 generally5 (1) Subject to sub-paragraph (2) below, the Acquisition of Land...

New rights: general adaptation of Compulsory Purchase Act 19656 The Compulsory Purchase Act 1965 shall have effect with the...

New rights: specific adaptations of Act of 19657 Without prejudice to the generality of paragraph 6 above, Part... 8 For section 7 of that Act (measure of compensation) there... 9 Section 8(1) of the Compulsory Purchase Act 1965 has effect...

10 The following provisions of that Act (being provisions stating the... 11 Section 11 of that Act (powers of entry) shall be... 12 Section 20 of that Act (protection for interests of tenants...

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13 Section 22 of that Act (protection of acquiring authority’s possession...

New rights: compensation14 The enactments in force in England and Wales with respect...

Part III — PROCEDURE, COMPENSATION ETC. (SCOTLAND)

Application of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 generally15 (1) Subject to sub-paragraph (2) below, the Acquisition of Land...

New rights: general application of Act of 1947 and incorporated enactments16 The Acquisition of Land (Authorisation Procedure) (Scotland) Act

1947, and...

New rights: specific adaptations of Act of 194717 Without prejudice to the generality of paragraph 16 above, Part... 18 In paragraph 9 of that Schedule (compulsory purchase affecting land... 19 In paragraph 10 of that Schedule (land of statutory undertakers)—... 20 In paragraph 11 of that Schedule (common or open space),... 21 Compulsory Acquisition of Land by Licence Holders 22 Paragraph 3(1) of the Second Schedule to the Acquisition of... 23 For paragraph 4 of that Schedule (protection for owner against...

New rights: specific adaptations of Lands Clauses Consolidation (Scotland) Act 184524 Without prejudice to the generality of paragraph 16 above, the... 25 For section 61 of that Act (estimation of compensation) there... 26 The following provisions of that Act (being provisions stating the... 27 Sections 114 (compensation to be made to tenants for a... 28 Sections 117 (protection of promoter of undertaking where by

inadvertence...

New rights: compensation29 The enactments in force in Scotland with respect to compensation...

SCHEDULE 4 — Other Powers etc. of Licence Holders

Street works etc. in England and Wales1 (1) Subject to the following provisions of this paragraph, for...

Road works etc. in Scotland2 (1) Subject to the following provisions of this paragraph, for...

Alteration of works3 (1) A licence holder may execute works in pursuance of... 4 (1) Any of the following who is authorised by or...

Protection from interference5 (1) Subject to sub-paragraph (2) below, a licence holder who...

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Acquisition of wayleaves6 (1) This paragraph applies where— (a) for any purpose connected...

Provisions supplementary to paragraph 67 (1) Where a wayleave is granted to a licence holder...

Temporary continuation of wayleaves8 (1) This paragraph applies where at any time such a...

Felling and lopping of trees etc.9 (1) This paragraph applies where any tree is or will...

Entry on land for purposes of exploration10 (1) Subject to the following provisions of this paragraph and...

Provisions supplementary to paragraphs 9 and 1011 (1) Any person who intentionally obstructs a person acting in...

Interpretation12 In this Schedule— “moveables” means chattels in relation to England...

SCHEDULE 5 — Water Rights for Hydro-Electric Generating Stations in Scotland1 In Scotland, a person who holds a licence under section... 2 Authorisation under paragraph 1 above shall be by order and... 3 Where the abstraction, diversion, and use will, in the opinion... 4 In this Schedule “compensation water” means a flow of water,... 5 Subject to paragraphs 5A and 5B, In deciding whether to...

5A Before making an order under paragraph 2, and in considering... 5B In the event that the provisions of an order made...

6 Any question of disputed compensation under paragraph 1 above shall... 7 An applicant for authorisation under paragraph 1 above shall submit... 8 Not later than the date on which the said notice... 9 The applicant shall also publish in the Edinburgh Gazette a...

10 The applicant shall, at the request of any person interested,... 11 The Secretary of State may make an order in the... 12 If before the expiration of the 28 days referred to... 13 The expenses incurred by the Secretary of State in connection... 14 Water Rights for Hydro-Electric Generating Stations in Scotland 15 In paragraphs 1 to 8 above “watercourse” includes all rivers,...

SCHEDULE 5A — Procedure for appeals under section 11C

Application for permission to bring appeal1 (1) An application for permission to bring an appeal may...

Suspension of decision2 (1) The CMA may direct that, pending the determination of...

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Time limit for representations and observations by the Authority3 (1) Sub-paragraph (2) applies where the Authority wishes to make...

Consideration and determination of appeal by group4 (1) The following functions of the Commission must be carried...

Matters to be considered on appeal5 (1) The CMA , if it thinks it necessary to...

Production of documents etc.6 (1) For the purposes of this Schedule, the CMA may,...

Oral hearings7 (1) For the purposes of this Schedule an oral hearing...

Written statements8 (1) The CMA may, by notice, require a person to...

Expert advice9 Where permission to bring an appeal is granted under paragraph...

Defaults in relation to evidence10 (1) If a person (“the defaulter”)— (a) fails to comply...

Appeal rules11 (1) The CMA Board may make rules of procedure regulating...

Costs12 (1) A group that determines an appeal must make an...

Interpretation of Schedule13 (1) In this Schedule— “appeal” means an appeal under section...

SCHEDULE 5B — Reimbursement of persons who have met expenses

Power to make regulations1 (1) The Secretary of State may, by regulations, make provision...

The reimbursement powers2 (1) The “reimbursement powers” are— (a) the power to demand...

Other provision about regulations under this Schedule3 (1) The Secretary of State must consult the Authority before...

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Interpretation4 (1) In this Schedule— “ first connection ” has the...

Schedule 6 — The electricity code

Suppliers’ charges relating to meters for disabled persons1 (1) Where an electricity supplier, for the purpose of meeting...

Non-payment of suppliers’ charges2 (1) Where a customer has not, within the requisite period,...

Deemed contracts in certain cases3 (1) Where an electricity supplier supplies electricity to any premises...

Supplies of electricity illegally taken4 (1) Where any person takes a supply of electricity which...

Restoration of connection without consent5 (1) Where, otherwise than in the exercise of a power...

Damage to electrical plant etc.6 (1) A person who intentionally or by culpable negligence damages...

Entry during continuance of connection or supply7 (1) Any officer or other person authorised by an electricity...

Entry on discontinuance of supply or connection8 (1) Where an electricity supplier or an electricity distributor is...

Entry for replacing, repairing or altering lines or plant9 (1) Any officer or other person authorised by an electricity...

Provisions as to powers of entry10 (1) The Rights of Entry (Gas and Electricity Boards) Act...

Electrical plant etc. not to be subject to distress11 (1) This paragraph applies to any electric line, electrical plant...

SCHEDULE 6A — Provisions imposing obligations enforceable as relevantrequirements

All licence holders1 The following are relevant provisions in relation to all licence...

Generation licence holders2 Article 50(6) of the Electricity Regulation (duty to keep specified...

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Transmission licence holders3 The following are relevant provisions in relation to all holders...

Persons required to be certified as to independence4 The following are relevant provisions in relation to a person...

Distribution licence holders5 The following are relevant provisions in relation to the holder...

Supply licence holders6 The following are relevant provisions in relation to the holder...

Distribution exemption holders7 The following paragraphs of Schedule 2ZA are relevant provisions in...

Supply exemption holders8 The following are relevant provisions in relation to a supply...

Electricity undertakings which are relevant producers or suppliers9 The following are relevant provisions in relation to an electricity...

Smart meter communication licence holders9A The following are relevant provisions in relation to the holder...

Nominated electricity market operators9B . . . . . . . . . ....

Interpretation10 In this Schedule— “the Electricity Balancing Regulation” means

Commission Regulation...

11 . . . . . . . . . ....

SCHEDULE 7 — Use etc. of Electricity Meters

Consumption to be ascertained by appropriate meter1 (1) Where a customer of an authorised supplier is to...

Restrictions on use of meters2 (1) No meter shall be used for ascertaining the quantity... 3 (1) If an authorised supplier supplies electricity through a meter...

Meter examiners4 (1) The Director shall appoint competent and impartial persons as...

Certification of meters5 (1) Subject to sub-paragraph (2) below, a meter may be...

xviii Electricity Act 1989 (c. 29)Document Generated: 2022-02-12

Changes to legislation: Electricity Act 1989 is up to date with all changes known to be in force on or before 12February 2022. There are changes that may be brought into force at a future date. Changes that have been made

appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Apparatus for testing etc. of meters6 (1) It shall be the duty of a person to...

Testing etc. of meters7 (1) It shall be the duty of a meter examiner... 8 (1) This paragraph applies where there is a genuine dispute...

Presumptions and evidence9 (1) This paragraph applies to meters used for ascertaining the...

Meters to be kept in proper order10 (1) A customer of an authorised supplier shall at all...

Interference with meters11 (1) If any person intentionally or by culpable negligence—

Special provision for pre-payment meters12 (1) A customer of an authorised supplier who takes his...

Interpretation13 In this Schedule— “agreed margins of error” has the meaning...

SCHEDULE 8 — Consents of the Secretary of State and the Scottish Ministersunder Sections 36 and 37

Applications for consent1 (1) An application for a consent under section 36 or...

Objections by relevant planning authority2 (1) Where an application is made to the Secretary of...

Objections by other persons3 (1) The Secretary of State may by regulations make provision...

Public inquiries4 (1) Where in accordance with paragraph 2(2) or 3(2) above...

Provisions supplementary to paragraphs 2 to 45 (1) Where in accordance with paragraph 2(2) or 3(2) above...

Additional inspectors5A (1) This paragraph applies in the case of— 5B Proceedings for questioning certain decisions under paragraph 3(2) 5C Applications under paragraph 5B: requirement for permission

Electricity Act 1989 (c. 29)Document Generated: 2022-02-12

xix

Changes to legislation: Electricity Act 1989 is up to date with all changes known to be in force on or before 12February 2022. There are changes that may be brought into force at a future date. Changes that have been made

appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Special provisions as to consents under section 376 (1) Where an application for consent under section 37 of...

Deemed planning permission etc.7 Consents under Sections 36 and 37

Generating stations not within areas of relevant planning authorities7A (1) This paragraph applies to every case where an application...

Supplemental8 (1) In this Schedule “relevant planning authority” has the meaning...

SCHEDULE 9 — PRESERVATION OF AMENITY AND FISHERIES.

Preservation of amenity: England and Wales1 (1) In formulating any relevant proposals, a licence holder or... 2 (1) A licence holder shall within twelve months from the...

Preservation of amenity and fisheries: Scotland3 (1) In formulating any relevant proposals, a licence holder or... 4 (1) A licence holder shall within twelve months from the...

Fisheries Committee: Scotland5 . . . . . . . . . ....

SCHEDULE 10 — Transfers under Sections 66 and 67

Allocation of property, rights and liabilities: general1 (1) The provisions of this paragraph shall apply where the... 2 (1) The provisions of this paragraph shall apply where the...

Allocation of rights and liabilities: contracts of employment3 (1) The provisions of this paragraph shall apply where—

Variation of transfers by agreement4 (1) The provisions of this paragraph shall apply where the...

Right to production of documents of title5 (1) The provisions of this paragraph shall apply where the...

Proof of title by certificate6 (1) Where two or more transfers are effected in pursuance...

Restrictions on dealing with certain land7 (1) Where two or more transfers are effected in pursuance...

xx Electricity Act 1989 (c. 29)Document Generated: 2022-02-12

Changes to legislation: Electricity Act 1989 is up to date with all changes known to be in force on or before 12February 2022. There are changes that may be brought into force at a future date. Changes that have been made

appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Third parties affected by vesting provisions8 (1) A transaction of any description which, in pursuance of... 9 (1) If in consequence of two or more transfers effected...

Interpretation10 Any reference in this Schedule to a transfer effected in...

SCHEDULE 11 — TAXATION PROVISIONS

General1 (1) Subject to sub-paragraphs (2) and (3) below, the following...

Chargeable gains2 (1) This paragraph applies where— (a) by virtue of a...

2A In this Schedule “ the 1992 Act ” means the...

Roll-over relief3 (1) Where— (a) a held over gain would, but for...

Unallowed capital losses4 (1) Any unallowed capital losses of an existing body shall...

Transaction in pursuance of section 68(2)(c)5 (1) Sub-paragraph (2) below applies to any disposal (within the...

Transfers in pursuance of Schedule 106 Where any property, rights and liabilities to which a transfer...

Apportionments etc.7 (1) This paragraph applies where any apportionment or other matter...

Securities of successor companies8 (1) Any share issued by a successor company in pursuance...

Extinguishment of liabilities: restriction of tax losses9 (1) Section 400(1) of the 1988 Act (write-off of government...

Income tax exemption for certain interests10 The vesting in a successor company by this Act of...

Stamp Duty11 (1) No transfer effected by this Act shall give rise...

Stamp duty reserve tax12 (1) No agreement made for the purposes of or for...

Electricity Act 1989 (c. 29)Document Generated: 2022-02-12

xxi

Changes to legislation: Electricity Act 1989 is up to date with all changes known to be in force on or before 12February 2022. There are changes that may be brought into force at a future date. Changes that have been made

appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Interpretation etc.13 (1) In this Schedule— “the 1988 Act” means the Income...

SCHEDULE 12 — Nuclear Liabilities: Financial Assistance

Grants by Secretary of State1 (1) ... , the Secretary of State may, with the...

Loans by Secretary of State2 (1) ... , the Secretary of State may, with the...

Guarantees by Secretary of State3 (1) ..., the Secretary of State with the approval of...

3A The Secretary of State shall not— (a) make any grant...

Financial limits4 Nuclear Liabilities: Financial Assistance

Interpretation5 In this Schedule “qualifying expenditure” has the meaning given by...

SCHEDULE 13 — Production and Supply of Heat or Electricity etc. by ScottishLocal Authorities

SCHEDULE 14 — The Electricity Supply Pension Scheme

Power to amend scheme1 (1) The Secretary of State may make regulations amending the...

Protection for certain persons2 (1) The Secretary of State may make regulations for the... 3 (1) Subject to sub-paragraph (3) below, this sub-paragraph applies to

—...

4 (1) Chapter I of Part XIV of the Employment Rights...

Interpretation5 (1) In this Schedule— “Consultative Council” means a Consultative

Council...

SCHEDULE 15 — The Scottish Pension Schemes

Power to amend schemes1 (1) The Secretary of State may make regulations amending the...

Protection for certain persons2 (1) The Secretary of State may make regulations for the...

xxii Electricity Act 1989 (c. 29)Document Generated: 2022-02-12

Changes to legislation: Electricity Act 1989 is up to date with all changes known to be in force on or before 12February 2022. There are changes that may be brought into force at a future date. Changes that have been made

appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

3 (1) Subject to sub-paragraph (3) below, this sub-paragraph applies to—...

4 (1) Chapter I of Part XIV of the Employment Rights...

Interpretation5 (1) In this Schedule— “Consultative Council” means a Consultative

Council...

SCHEDULE 16 — Minor and Consequential Amendments

Enactments relating to statutory undertakers etc.1 (1) The holder of a licence under section 6(1) of... 2 (1) A licence holder who is entitled to exercise any... 3 (1) In the following enactments, namely— (a) the Water Act...

The Civil Defence Act 1939 (c.31)4 Minor and Consequential Amendments

The Water Act 1945 (c.42)5 In Schedule 3 to the Water Act 1945 (incorporated provisions:...

The Wireless Telegraphy Act 1949 (c.54)6 Minor and Consequential Amendments

The Public Utilities Street Works Act 1950 (c.39)7 Minor and Consequential Amendments

The Rights of Entry (Gas and Electricity Boards) Act 1954 (c.21)8 (1) The Rights of Entry (Gas and Electricity Boards) Act...

The Land Powers (Defence) Act 1958 (c.30)9 In section 14(2)(b) of the Land Powers (Defence) Act 1958...

The Water Resources Act 1963 (c.38)10 In section 19(4)(f) of, and in paragraph 4(h) of Schedule...

The Nuclear Installations Act 1965 (c.57)11 For subsection (4) of section 3 of the Nuclear Installations...

The Building Control Act 1966 (c.27)12 In section 5(1) of the Building Control Act 1966, after...

The Forestry Act 1967 (c.10)13 (1) Section 9 of the Forestry Act 1967 (licences for...

Electricity Act 1989 (c. 29)Document Generated: 2022-02-12

xxiii

Changes to legislation: Electricity Act 1989 is up to date with all changes known to be in force on or before 12February 2022. There are changes that may be brought into force at a future date. Changes that have been made

appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

The Transport Act 1968 (c. 73)14 In section 109(2) of the Transport Act 1968, for paragraphs...

The Post Office Act 1969 (c.48)15 Minor and Consequential Amendments

The Fair Trading Act 1973 (c.41)16 Minor and Consequential Amendments

The Consumer Credit Act 1974 (c. 39)17 (1) The Consumer Credit Act 1974 shall be amended as...

The Control of Pollution Act 1974 (c. 40)18 (1) Section 21 of the Control of Pollution Act 1974...

The Restrictive Trade Practices Act 1976 (c. 34)19 In section 41(1)(a) of the Restrictive Trade Practices Act 1976...

The Local Government (Miscellaneous Provisions) Act 1976 (c. 57)20 (1) Section 11 of the Local Government (Miscellaneous Provisions)

Act...

The Land Drainage Act 1976 (c. 70)21 In section 112(2)(a) of the Land Drainage Act 1976 (protection...

The Energy Act 1976 (c. 76)22 In section 14 of the Energy Act 1976 (fuelling for...

The Land Registration (Scotland) Act 1979 (c. 33)23 In section 28(1) of the Land Registration (Scotland) Act 1979...

The Estate Agents Act 1979 (c. 38)24 Minor and Consequential Amendments

The Competition Act 1980 (c. 21)25 Minor and Consequential Amendments

The Water (Scotland) Act 1980 (c. 45)26 (1) The Water (Scotland) Act 1980 shall be amended as...

The Highways Act 1980 (c. 66)27 Minor and Consequential Amendments

The Acquisition of Land Act 1981 (c. 67)28 In section 28 of the Acquisition of Land Act 1981...

xxiv Electricity Act 1989 (c. 29)Document Generated: 2022-02-12

Changes to legislation: Electricity Act 1989 is up to date with all changes known to be in force on or before 12February 2022. There are changes that may be brought into force at a future date. Changes that have been made

appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

The Telecommunications Act 1984 (c. 12)29 (1) The Telecommunications Act 1984 shall be amended as follows....

The Roads (Scotland) Act 1984 (c. 54)30 In section 61(4) of the Roads (Scotland) Act 1984 (permission...

The Building Act 1984 (c. 55)31 In section 80(3) of the Building Act 1984 (notice to...

The Bankruptcy (Scotland) Act 1985 (c. 66)32 In section 70(4)(b) of the Bankruptcy (Scotland) Act 1985 (supplies...

The Airports Act 1986 (c. 31)33 In section 74 of the Airports Act 1986 (restrictions on...

The Gas Act 1986 (c. 44)34 In section 42 of the Gas Act 1986 (general restrictions...

The Insolvency Act 1986 (c. 45)35 Minor and Consequential Amendments

The Consumer Protection Act 1987 (c. 43)36 Minor and Consequential Amendments

The Water Act 1989 (c. 15)37 In section 160 of the Water Act 1989 (protection of...

Interpretation38 In this Schedule expressions which are used in Part I...

SCHEDULE 17 — Transitional Provisions and SavingsPart I — PROVISIONS AND SAVINGS FOR PART I OF ACT

1 (1) In so far as any requisition made under section... 2 Any tariff fixed under section 37(3) of the Electricity Act... 3 Any regulations made under section 16 of the Energy Act... 4 (1) Where any application made under section 2 of the... 5 (1) Where any application made under section 10(b) of the... 6 Any maximum charge fixed by an Electricity Board under section... 7 Where any representation, reference or report made under, or in... 8 (1) Any land which has been compulsorily acquired under section... 9 Any consent given under subsection (1) of section 22 of...

10 Any order made under subsection (3) of section 34 of... 11 (1) Any meter of a pattern which is approved for... 12 Any regulations made under section 34(2) of the Electricity Act... 13 Where— (a) any sum was deposited with an Electricity Board... 14 (1) Where immediately before the day appointed for the coming... 15 The repeal by this Act of any provision by virtue... 16 In this Part of this Schedule “the Electricity Acts” means—...

Electricity Act 1989 (c. 29)Document Generated: 2022-02-12

xxv

Changes to legislation: Electricity Act 1989 is up to date with all changes known to be in force on or before 12February 2022. There are changes that may be brought into force at a future date. Changes that have been made

appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Part II — PROVISIONS AND SAVINGS FOR PART II OF ACT17 Any licence granted under section 6 of this Act to... 18 Any tariff fixed, or having effect as if fixed, under... 19 Any consent given under section 36 of this Act to... 20 Any consent given under section 37 of this Act to... 21 Any maximum price fixed, or having effect as if fixed,... 22 A direction given under section 96 of this Act to... 23 (1) Any land compulsorily acquired by an Electricity Board before... 24 (1) Where immediately before the transfer date there is in... 25 (1) Any agreement made, transaction effected or other thing done... 26 It is hereby declared for the avoidance of doubt that—... 27 The Transfer of Undertakings (Protection of Employment) Regulations

1981 shall...

28 Any agreement made under section 53 of the Electricity Act... 29 Transitional Provisions and Savings 30 Transitional Provisions and Savings 31 Transitional Provisions and Savings 32 Notwithstanding the repeal by this Act of sections 10 and... 33 Where by virtue of anything done before the transfer date,... 34 Without prejudice to the powers conferred by section 112(2) of... 35 (1) Nothing in this Act shall affect the validity of... 36 (1) Where immediately before the transfer date an Electricity Board... 37 (1) An application or claim by an Electricity Board for... 38 (1) Where an asset, or the right to receive an... 39 (1) Where a distribution is proposed to be declared during... 40 In this Part of this Schedule expressions which are used...

SCHEDULE 18 — Repeals

26 Electricity Act 1989 (c. 29)Document Generated: 2022-02-12

Changes to legislation: Electricity Act 1989 is up to date with all changes known to be in force on or before 12 February2022. There are changes that may be brought into force at a future date. Changes that have beenmade appear in the content and are referenced with annotations.View outstanding changes

Changes and effects yet to be applied to :– s. 3A-3D applied by 2018 c. 14 s. 12(8)– s. 3A(7) words substituted by 2013 c. 32 s. 138(5)(a)– s. 3B repealed by 2013 c. 32 s. 138(1)(b)– s. 3D(1) repealed by 2013 c. 32 s. 138(1)(b)– s. 11A(9) words inserted by 2018 c. 14 s. 13(2)– s. 11E(2)(b) word omitted by 2013 c. 32 s. 138(5)(b)(i)– s. 11E(2)(c) words substituted by 2013 c. 32 s. 138(5)(b)(ii)– s. 15(2)(a) word omitted by virtue of S.I. 2019/93, Sch. 1 para. 3(2)(a) (as

substituted) by S.I. 2019/1245 reg. 19 (This amendment not applied tolegislation.gov.uk. The affecting statutory instrument has no legal effect. It was madeunder a procedure which meant that it ceased to have effect 28 days after signingunless it was debated and approved in Parliament within that time. It was not debatedand approved within 28 days, so it has expired with no effect.)

– s. 25(8) words omitted by S.I. 2019/530 reg. 54 (This amendment not applied tolegislation.gov.uk. Reg. 54 substituted (15.9.2020) by S.I. 2020/1016, regs. 1(2),3(22))

– s. 28(2A) word omitted by 2013 c. 32 s. 138(5)(c)– s. 29 power to repeal or modify conferred by 2008 c. 32 s. 99(2)– s. 32M(1) word substituted by 2016 c. 20 s. 80(3)(a)– s. 43(3)(a) word inserted by S.I. 2019/93 Sch. 1 para. 3(2) (This amendment not

applied to legislation.gov.uk. Sch. 1 para. 3(2)(3) substituted immediately before IPcompletion day by S.I. 2020/1343, regs. 1(1), 15)

– s. 43(3)(a) word inserted by S.I. 2019/93, Sch. 1 para. 3(3)(a) (as substituted) by S.I.2019/1245 reg. 19 (This amendment not applied to legislation.gov.uk. The affectingstatutory instrument has no legal effect. It was made under a procedure which meantthat it ceased to have effect 28 days after signing unless it was debated and approvedin Parliament within that time. It was not debated and approved within 28 days, so ithas expired with no effect.)

– s. 43(3)(c) omitted by S.I. 2019/93 Sch. 1 para. 3(3)– s. 43(3)(c) omitted by S.I. 2019/93 Sch. 1 para. 3(3) (This amendment not applied to

legislation.gov.uk. Sch. 1 para. 3(2)(3) substituted immediately before IP completionday by S.I. 2020/1343, regs. 1(1), 15)

– s. 43(3)(d) omitted by S.I. 2019/93 Sch. 1 para. 3(3) (This amendment not applied tolegislation.gov.uk. Sch. 1 para. 3(2)(3) substituted immediately before IP completionday by S.I. 2020/1343, regs. 1(1), 15)

– s. 56C(6)(b) omitted by 2013 c. 32 s. 138(5)(d)(i)– s. 56CB(1A)(b) words substituted by S.I. 2019/93, Sch. 1 para. 3(4) (as substituted)

by S.I. 2019/1245 reg. 19 (This amendment not applied to legislation.gov.uk. Theaffecting statutory instrument has no legal effect. It was made under a procedurewhich meant that it ceased to have effect 28 days after signing unless it was debatedand approved in Parliament within that time. It was not debated and approved within28 days, so it has expired with no effect.)

– s. 64(1A) inserted by 2004 c. 20 s. 180(2)– Sch. 6A para. 4(d)(i)-(v) omitted by S.I. 2019/530 reg. 62(2)(a) (This amendment not

applied to legislation.gov.uk. Reg. 62(2) substituted (15.9.2020) by S.I. 2020/1016,regs. 1(2), 3(25)(c))

– Sch. 6A para. 4(e)(iii) omitted by S.I. 2019/530 reg. 62(2)(b)(ii) (This amendmentnot applied to legislation.gov.uk. Reg. 62(2) substituted (15.9.2020) by S.I.2020/1016, regs. 1(2), 3(25)(c))

Electricity Act 1989 (c. 29)Document Generated: 2022-02-12

27

– Sch. 6A para. 4(e)(vi) word omitted by S.I. 2019/530 reg. 62(2)(b)(iv) (Thisamendment not applied to legislation.gov.uk. Reg. 62(2) substituted (15.9.2020) byS.I. 2020/1016, regs. 1(2), 3(25)(c))

– Sch. 6A para. 4(e)(i) word substituted by S.I. 2019/530 reg. 62(2)(b)(i) (Thisamendment not applied to legislation.gov.uk. Reg. 62(2) substituted (15.9.2020) byS.I. 2020/1016, regs. 1(2), 3(25)(c))

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:Whole provisions yet to be inserted into this Act (including any effects on thoseprovisions):– s. 11E(2)(d) and word inserted by 2013 c. 32 s. 138(5)(b)(iii)– s. 11AA inserted by 2018 c. 14 s. 13(3)– s. 15(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 3(2)(b) (as substituted) by S.I.

2019/1245 reg. 19 (This amendment not applied to legislation.gov.uk. The affectingstatutory instrument has no legal effect. It was made under a procedure which meantthat it ceased to have effect 28 days after signing unless it was debated and approvedin Parliament within that time. It was not debated and approved within 28 days, so ithas expired with no effect.)

– s. 44A inserted by 1992 c. 43 s. 23– s. 44A(6)(b)(i) words substituted by 2013 c. 22 Sch. 9 para. 52– s. 56C(6)(d) and word inserted by 2013 c. 32 s. 138(5)(d)(ii)