Statutory Instruments
2001 No. 1782
ELECTRICITY
GAS
The Utilities Act 2000 (Transitional Provisions) Regulations 2001
Made
8th May 2001
Laid before Parliament
9th May 2001
Coming into force
16th May 2001
The Secretary of State, in exercise of the powers conferred on him by section 109 of the Utilities Act 2000( 1 ), hereby makes the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Utilities Act 2000 (Transitional Provisions) Regulations 2001 and shall come into force on 16th May 2001.
Definitions
2. In these Regulations—
“the Act” means the Utilities Act 2000;
“the appointed time”—
in the case of articles 3 and 4 means the time at which new section 6(9) is inserted into the Electricity Act 1989( 2 ) by section 30 of the Act; and
in the case of article 5 means the time at which section 7 of the Gas Act 1986( 3 ) is amended by section 76(1) and (2) of the Act.
Transitional provisions
3. In the case of any consultation required to be carried out by the Secretary of State under new section 32(7) of the Electricity Act 1989(as inserted into that Act by section 62 of the Act) where that consultation is commenced prior to the appointed time, consultation with those persons authorised to supply electricity under section 6(1)(c) or section 6(2) of the Electricity Act 1989( 4 ) shall be regarded as contributing to the satisfaction of the consultation requirement imposed by paragraph (c) of the new section 32(7).
4. In the case of any consultation required to be carried out by the Authority under section 40B of the Electricity Act 1989(as inserted into that Act by section 56 of the Act) where that consultation is commenced prior to the appointed time, consultation with those persons authorised to supply electricity under section 6(1)(c) or section 6(2) of the Electricity Act 1989 shall be regarded as the consultation required by paragraph (a) of section 40B(4).
5. In the case of any consultation required to be carried out by the Authority under section 33BAA of the Gas Act 1986(as inserted into that Act by section 92 of the Act) where that consultation is commenced prior to the appointed time, consultation with those persons identified by section 7(1) of the Gas Act 1986( 5 ) as “public gas transporters” shall be regarded as the consultation required by paragraph (a) of section 33BAA(4) in so far as that provision requires consultation with “gas transporters”.
Peter Hain,
Minister for Energy and Competitiveness in Europe
Department of Trade and Industry
8th May 2001
Section 6 of the Electricity Act 1989 is to be substituted by section 30 of the Act. However, at the time of the making of these Regulations section 30 of the Act has not been brought into force and, therefore, the references to section 6(1)(c) and 6(2) of the Electricity Act 1989 are to the provisions in section 6 as originally enacted.
Section 7 of the Gas Act 1986 is to be amended by section 76(1) and (2) of the Act. However, at the time of the making of these Regulations section 76(1) and (2) of the Act has not been brought into force and, therefore, the reference to section 7(1) of the Gas Act 1986 is to the provisions in section 7(1) as originally enacted and subsequently amended by section 5 of the Gas Act 1995 (c. 45) .