§ (".—(1) Information which—
- (a) has been obtained under or by virtue of the provisions of this Act. Part I of the 1986 Act or Part I of the 1989 Act; and
- (b) relates to the affairs of any individual or to any particular business,
§ (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.
398§ (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, the Council or the Competition Commission under the 1986 Act, the 1989 Act or this Act;
- (b) it is required by a notice under section 38(1A) of the 1986 Act or section 28(2A) of the 1989 Act;
- (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, the Health and Safety Commission or the Health and Safety Executive of any of his or its functions;
- (c) for the purpose of facilitating the exercise by the Secretary of State of any power conferred by the Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency;
- (d) for the purpose of facilitating the performance of the functions of an inspector appointed under the enactments relating to companies;
- (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 Insolvency 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 under or by virtue of the 1986 Act, the 1989 Act, this Act or any Act or instrument specified in subsection (6) below; or
- (h) in pursuance of a Community obligation.
§ (5) The persons and bodies specified for the purposes of subsection (4)(a) are—
- (a) a Minister of the Crown;
- (b) the Competition Commission:
- (c) the Director General of Fair Trading;
- (d) the Director General of Telecommunications;
- (e) the Director General of Water Services;
- (f) the Director General of Electricity Supply for Northern Ireland;
- (g) the Director General of Gas for Northern Ireland;
- (h) the Rail Regulator;
- (i) the Civil Aviation Authority:
- (j) the Insolvency Practitioners Tribunal;
- (k) the Coal Authority: and
- (l) a local weights and measures authority in Great Britain.
§ (6) The Acts and instruments specified for the purposes of subsection (4)(a) and (g) are—
- (a) the Trade Descriptions Act 1968;
- (b) the Fair Trading Act 1973;
- (c) the Consumer Credit Act 1974;
- (d) the Estate Agents Act 1979;
- (e) the Competition Act 1980;
- (f) the National Audit Act 1983;
- (g) the Telecommunications Act 1984;
- (h) the Airports Act 1986:
- (i) the Insolvency Act 1986;
- (j) the Consumer Protection Act 1987;
- (k) the Control of Misleading Advertisements Regulations 1988;
- (l) the Water Act 1989, the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of the Water Industry Act 1991);
- (m) the Electricity (Northern Ireland) Order 1992
- (n) the Railways Act 1993;
- (o) the Coal Industry Act 1994;
- (p) the Gas (Northern Ireland) Order 1996;
- (q) the Competition Act 1998.
§ (7) The Secretary of State may by order modify subsection (3), (4),(5) or (6).
§ (8) Nothing in subsection (1) above is to be construed either as limiting the matters which may be—
- (a) published under section 33DA or 35 of the 1986 Act or section 42AA or 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, the Council or the Competition Commission under any provision of this Act, Part I of the 1986 Act or Part I of the 1989 Act;
§ (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—
licence holder" means the holder of a gas licence or an electricity licence; and
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).
§ (11) Information obtained by the Authority in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (10) of this section.
§ (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.").
§ On Question, amendment agreed to.
§ Clause 3 [Transfer to Authority and Council of functions, property etc.]:
§
Lord McIntosh of Haringey moved Amendments Nos. 282 and 283:
Page 2, line 3, leave out from ("Directors")") to ("are") in line 4.
Page 2, line 23, at end insert—
("( ) Subsection (6) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.").
§ On Question, amendments agreed to.
§ Clause 3, as amended, agreed to.
400§ Schedule 3 [Further provision about transfers of functions, property etc.]:
§
Lord McIntosh of Haringey moved Amendments No. 284 to 286:
Page 114, line 44, leave out ("or the Council").
Page 115, line 35, leave out ("instruments, contracts and legal proceedings") and insert ("any document").
Page 115, line 45, leave out ("IX") and insert ("XI").
§ On Question, amendments agreed to.
§ Schedule 3, as amended, agreed to.
§ Clause 103 [Interpretation]:
§ [Amendment No. 287 not moved.]
§ Clause 103 agreed to.
§ 11.30 p.m.
§ Clauses 104 and 105 agreed to.
§ Schedule 6 [Minor and consequential amendments]:
§ Lord McIntosh of Haringey moved Amendments Nos. 288 to 312:
§ Page 120, line 32, at end insert ("and for "public gas transporters" in each place where it appears, there is substituted "gas transporters"").
§ Page 121, leave out line 1.
§ Page 121, line 9, after ("In") insert ("section 19(6)(a), paragraph 5(2) of Schedule 2B and").
§ Page 121, line 27, at end insert—
§ (" . In section 24(8) (interpretation of sections 24 to 26 of the 1986 Act) for "and 26 below" there is substituted ", 26 and 26A".").
§ Page 121, line 27, at end insert—
§ (". In section 27A(1) (determination of certain disputes) for "domestic customer" there is inserted "customer of a person authorised by a licence or exemption to supply gas".").
§ Page 121, line 38, leave out ("24 of the Utilities Act 2000".") and insert ("(Sections 24 to 26: supplementary)(4)(b) of the Utilities Act 2000 (order to comply with a direction under section 24 of that Act)".").
§ Page 121, line 44, at end insert ("as in the Authority's opinion ought to be achieved in individual cases").
§ Page 122, leave out lines 9 and 10 and insert—
§ ("15. In section 38 (power to require information etc.)—
- (a) in subsection (1A) for "4 or 4A above" there is substituted "4AA, 4AB or 4A": and
- (b) in subsection (3) after "document" insert "or record".").
§ Page 122. leave out lines 11 and 12.
§ Page 122, line 12, at end insert—
§ (" . In section 46(3), for "his authorised area" there is substituted "any authorised area of his.").
§ Page 122, line 25, after ("inserted") insert (""23,").
§ Page 122, line 32, at end insert—
§ (" . In Schedule 2B (the gas code), in paragraph 8—
- (a) sub-paragraphs (4), (5) and (6) shall be omitted:
- (b) in sub-paragraph (8) the words from "but this" to the end shall cease to have effect;
- (c) in sub-paragraph (11)—
- (i) for the words from "a revision" to "such an election" there is substituted "or a revision of such a scheme"; and
- (ii) in paragraphs (a) and (b), for ", revision, election or withdrawal" there is substituted "or revision".").
§ Page 122, leave out lines 38 to 40 and insert—
§ ("23.—(1) Section 23 (determination of disputes) is amended as follows.
§ (2) For subsections (1) to (2) there is substituted—
§ "(1) This section applies (in addition to any disputes to which it applies by virtue of any other provision of this Act) to any dispute arising under sections 16 to 21 between an electricity distributor and a person requiring a connection.
§ (1A) A dispute to which this section applies—
- (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 either by the Authority or, if the Authority thinks fit, by an arbitrator (or in Scotland an arbiter) appointed by the Authority.
§ (1B) The practice and procedure to be followed in connection with any such determination shall be such as the Authority may consider appropriate.
§ (1C) No dispute arising under sections 16 to 21 which relates to the making of a connection between any premises and a distribution system may be referred to the Authority after the end of the period of 12 months beginning with the time when the connection is made.
§ (2) Where a dispute arising under sections 16 to 21 between an electricity distributor and a person requiring a connection falls to be determined under this section, the Authority may give directions as to the circumstances in which, and the terms on which, the distributor is to make or (as the case may be) to maintain a connection pending the determination of the dispute."
§ (3) After subsection (4) there is inserted—
§ "(4A) A person making an order under this section shall include in the order his reasons for reaching his decision with respect to the dispute.").
§ (4) After subsection (6) there is inserted—
§ "(7) Section 16(4)(a) does not apply to the references in this section to making a connection."").
§ Page 123, line 2, leave out ("24 of the Utilities Act 2000".") and insert ("(Sections 24 to 26: supplementary)(4)(b) of the Utilities Act 2000 (order to comply with a direction under section 24 of that Act)".").
§ Page 123, line 3, at end insert—
§ (" .—(1) Section 28 (power to require information etc.) is amended as follows.
§ (2) After subsection (2) there is inserted—
§ "(2A) Where a licence has been or is to be revoked or suspended, or has expired or is about to expire by effluxion of time, and it appears to the Authority, having regard to the duties imposed by section 3A, 3B or 3C, to be requisite or expedient to do so for any purpose connected with the revocation, suspension or expiry, the Authority may, with the consent of the Secretary of State, by notice in writing—
- (a) require the licence holder to produce, at a time and place specified in the notice, to the Authority, or to any person so specified, any records which are specified or described in the notice and are in the licence holder's custody or under his control; or
- (b) require the licence holder to furnish to the Authority, or to any person specified in the notice, such information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished.".
§ (3) In subsection (3), after "documents" there is inserted "or records"
§ (4) In subsection (4), after "subsection (2)" there is inserted "or (2A)".
§ (5) In subsection (5)—
- (a) after "document" there is inserted "or record";
- (b) after "subsection (2)" there is inserted "or (2A)".
§ (6) In subsection (6), after "subsection (2)" there is inserted "or (2A)".").
§ Page 123, line 8, leave out ("paragraphs (a) and (c)") and insert ("paragraph (a)").
§ Page 123, line 10, after ("transmission";") insert—
§ ("( ) in paragraph (c) for "supply" there is substituted "distribute";").
§ Page 123, line 33, at end insert ("as in the Authority's opinion ought to be achieved in individual cases."").
§ Page 123, line 38, at end insert—
§ ("( ) in subsection (2)(a) and (c) for "public electricity suppliers" there is substituted "electricity suppliers";
§ ( ) in subsections (3) and (4) for "a public electricity supplier" there is substituted "an electricity supplier.").
§ Page 123, line 44, at end insert—
§ ("( ) in subsection (2) for "public electricity suppliers" there is substituted "electricity suppliers";
§ ( ) in subsection (3) for "public electricity supplier" there is substituted "electricity supplier".").
§ Page 123, line 44, at end insert—
§ (" . In section 42 (information with respect to levels of performance)—
- (a) in subsection (1) for "public electricity suppliers" there is substituted "electricity suppliers";
- (b) in subsection (2) for "public electricity supplier" there is substituted "electricity supplier";
- (c) in subsection (3) for "a public electricity supplier" there is substituted "an electricity supplier".").
§ Page 123, leave out lines 47 and 48.
§ Page 124, leave out line 2.
§ Page 124, line 9, at end insert—
§ ("( ) In the definition of "electrical plant" after "transmission" there is inserted "distribution".").
§ Page 124, line 22, at end insert—
§ ("( ) The definition of "private electricity supplier", the definition of "public electricity supplier" and the definition of "tariff customer" shall be omitted.").
§ The noble Lord said: These amendments were spoken to earlier. With the leave of the Committee, I shall move them en bloc. I beg to move.
§ On Question, amendments agreed to.
§ Schedule 6, as amended, agreed to.
§ Schedule 7 [Transitional provisions and savings]:
§ Lord McIntosh of Haringey moved Amendment No. 313:
§ Page 126, line 3, leave out Part I and insert—