The Lost Strategy and Policy Statement: Is Ofgem Really Working to the 2011 Social and Environmental Guidance?

Catherine Mitchell, IGov Team, 18th July 2018

The rhetoric of GB Energy Policy is now firmly set on an energy policy path which is ‘smart and flexible’. This is set out in the Clean Growth Strategy, the Industrial Strategy  and Ofgem’s Smart Systems and Flexible Plan. In August 2017, Ofgem set out their Strategy for Regulating the Future Energy Systems – which is an overview of the issues that energy systems are facing, and their plan for dealing with them and delivering a smart and flexible energy system through regulation. At the same time, Ofgem released parallel documents which set out future regulatory options related to network charging (residual and future), electricity settlement and RIIO-2 issues; and in December 2017 sought views on a post supplier hub model.

These documents make clear that GB energy policy is to move towards a smart and flexible energy system. However, the details of what a smart and flexible system actually means – for energy system stakeholders – is surprisingly opaque, as is the process, and necessary coordination to get there.

IGov has been arguing for a fit-for-purpose energy governance framework. We still consider that the framework, published in 2016, is broadly correct. We are now working on filling in the details – and we have divided it into four main areas which are required to deliver a sustainable, secure and affordable energy system: transparent and legitimate policy making and institutions; a customer focused energy system; a reformed governance system, including reforming the Regulator; and an energy system designed and operated to be coordinated, smart and flexible. In order to get to the end point of a smart, flexible and coordinated energy system, which is customer focused, there needs to be a reform of regulation and there needs to be a transparent and legitimate policy making process. All four dimensions are necessary, in order to deliver the stated Government policy of a smart and flexible energy system. One tool within this framework are Strategic Policy Statements (SPS) from Government to energy system institutions, setting out what Government wants from them. IGov has started to move forward with what the necessary multi-level coordinated governance means.

Transparent and Legitimate Policy-Making

Transparent and legitimate policy making is made up of many dimensions. A central aspect of this is clarity on the relationship between Government and the Energy Regulator, Ofgem.

At the moment, UK energy policy making has a huge fudge at its heart. On the one hand, it has ambitious policies; on the other hand, Government provides too little direction, and detail, to Ofgem on its policies and desired outcomes, including distributional impacts. Government has chosen to make policy only to a certain level of detail and then de facto they hand it over to Ofgem to execute. This has therefore allowed the ‘independent’ regulator to shape policies (and therefore the outcomes, including distributional impacts). At the moment, the Regulator when executing Government policies works to Duties, which it interprets, and the Government gives it ‘guidance’. If the outcomes of regulation do not fit with public policy, the Government can do little about it until the Regulator’s time is up, and a new Regulator is appointed. Even then a new Regulator would have to work to the Duties in the relevant Energy Act, unless those Duties were changed.

IGov has argued in its framework that this ‘fudge’ has to be confronted. Our answer is to strip back Ofgem to being an economic regulator only, and to change its Duties; at the same time to create an independent and integrated system operator (IISO) from the current SO, which would take direction from the Secretary of State (and would have the role of ensuring that networks and markets are complementary to meeting CCC Budgets). This places Ofgem and the IISO on a similar ‘heirarchy’, thereby altering the relationship between Government and the Regulator. Whilst the Regulator would be ‘independent’ with new Duties – the Government is also able to ‘direct’ the IISO. Ofgem would be regulating the IISO in relation to direction from the Secretary of State to the IISO. The IGov Framework also has Strategic and Policy Statements from the Secretary of State to the different institutional actors within the energy system – clarifying their roles. In addition, where actors have Duties, an additional (or altered) Duty would be to fit with CCC Advice. We would see the Government making policy decisions down to, and including, the major distributional outcomes.

IGov is therefore arguing that we need to get to a situation where there is more direction (and therefore legitimacy) from the Secretary of State; we want to move away from a situation where the independent regulator is making de facto policy in a number of areas because Government is not providing sufficient lead; and also we want to get to the situation where government is making policy in a transparent and legitimate manner. Both Government and Regulatory policy and regulation should be aligned with goals of CCC budgets.

Strategy and Policy Statement

One important aspect of this particular dimension of fit-for-purpose energy governance is the ‘lost’ Strategy and Policy Statement (SPS) which was – according to the Energy Act 2013 – to take over from the Social and Environmental Guidance (SEG). In addition to how the Duties guide them, the SEG was the only formal means that the Government had/has of giving ‘guidance’ to the ‘independent’ Regulator. In essence, this is the formal means that the Government had/has of saying to the Regulator: ‘these are the issues that we think are important and that we want you to think about as you make your judgements, given your interpretations of your Duties’.

In the run-up to the 2013 Energy Act, the Review of Ofgem in 2011 concluded that the SEG was too vague to be of much help to the Regulator, or indeed too vague to cause the Regulator’s interpretation of their Duties to land closer to Government policy. As a result, it was decided to transfer from the Guidance – which is only ‘guidance’ and therefore can be ignored by the Regulator – to something nearer direction which would encourage public policy and regulatory outcomes to become a bit closer to each other.

What Status is the Strategy and Policy Statement? 

David Grey (past Chairman of the GEMA) sent his broadly annual letter to the Secretary of State in February 2018 explaining how Ofgem has been meeting social and environmental guidance over the last 18 months. That letter follows the headlines set out in the SEG. The letter begins ‘Our principal objective is to protect the interests of existing and future gas and electricity consumers. We are also required to have regard to the Social and Environmental Guidance from government in carrying out our role [2]’.

This Footnote 2 refers to the 1989 Electricity Act and 1986 Gas Act and has a hyperlink to an un-dated document called SOCIAL AND ENVIRONMENTAL GUIDANCE TO THE GAS AND ELECTRICITY MARKETS AUTHORITY which is held on the Ofgem website.

As far as one can tell, this undated version of Guidance matches up with the wording of a draft document published on gov.uk in 16 Jun 2011.

The Energy Act 2013 legislation is available here; a short government introduction to the Energy Act 2013 here; and a government policy brief here. Part 5 of the Energy Act 2013 – the Strategy and Policy Statement – is set out in full at the end of this blog – but in brief, the short government introduction of it says:

The Energy Act contains provisions for what the Strategy and Policy Statement will set out. This includes:

• what the Statement should contain;
• the duties for the Secretary of State and the Gas and Electricity Markets Authority in relation to the Statement;
• procedural requirements to be satisfied before the Secretary of State may designate the Statement, including consultation and Parliamentary approval;
• the process for reviewing the Statement, at least every 5 years; and
• annual reporting requirements for Ofgem
• it will also repeal the existing social and environmental guidance.

When reading Part 5 of the 2013 Energy Act – it appears that the Secretary of State (SoS) is required to produce a DRAFT Strategy and Policy Statement – to be commented on by the Devolved Administrations; and then the SoS is to come to an agreement on those comments. Moreover, it also seems to say that this should be redone either every 5 years, and there might be justification to do so in a shorter timeframe if there is a new Government.

Why an SPS is important

DECC did put out a consultation about a Strategy and Policy Statement in 2014. Matthew Lockwood of the IGov team wrote a blog; and EPG put in a response. But no final Strategy and Policy Statement was published, as far as we can find out. The 2013 Energy Act does say it will repeal the Social and Environmental Guidance – but given that David Grey’s letter refers to it, we imagine that it has not formally been replaced by the SPS.

One of IGov’s key dimensions is transparent and legitimate policy making. Central concerns of ours are, given that Ofgem has a duty to the interests of existing and future customers:

• how does Ofgem actually do the trade-off between different groups of customers – different groups today and between existing customers and and customers in 5, 10, 30, 50 years’ time; and
• how can an independent Regulator be directed to support (/complement) the implementation of the various government policies related to energy, such as meeting the CCC budgets as set out in the CC Act; reducing fuel poverty etc, that some might argue is against the interested of particular groups of consumers (an example of this is the common discussion relating to the support for solar power or electric vehicles and their distributional impacts (both positive and negative) for other energy system users) ; and
• How is Ofgem defining a customer focused energy system – a term widely talked about within Government and Ofgem publications – and, indeed, is customer still the correct term given the many different roles that people and other users can and do play in the energy system.

As our submission said:

‘’ A key criticism of the Draft SPS is that it does not clarify how the Government wishes to prioritise its goals, or how the trade-offs between them should be made. Ultimately this is because the SPS has not confronted the fundamental tension between ‘independent’ regulation and the longer term, strategic framework needs of rapidly transforming to a decarbonised energy system……..An ‘independent’ economic regulator de facto allows a narrow technical /economic viewpoint to make momentous societal decisions which have major distributional impacts. Currently, the Regulator is then evaluated in a narrow legal sense of meeting its Duties, including ensuring the financial stability of the system. There is no wider evaluation of ensuring an energy system suitable for the longer term needs of society – beyond that of customers – nor does Ofgem have any incentive to act in that way, or penalty if it does not. The Draft SPS has not included such arrangements….. Overall, however, our view is that Government has not taken this opportunity to remove the tensions inherent with the Guidance documents (which have been around since the 1990s) and Ofgem, as an independent regulator, which the Ofgem Review in 2011 highlighted. As such, this SPS has done little to take forward the issues raised in the Ofgem Review’’.

At the highest level, if Ofgem as independent regulator, effectively setting the framework for decision-making on spending by network companies, misinterprets its brief (in many possible ways) and therefore fails to implement incentives / institutional change etc which would enable the strategic change needed to meet medium to long term policy aims of an elected government (National, devolved or local), then that would go against goals (i.e. carbon budgets) set through a framework (i.e. the CCA) that was constructed through a democratic institution (i.e. Parliament).

Clearly, there is a balance to be struck and part of the role of a strong regulator is to provide some certainty against excessively unstable public policy. Moreover, regulation itself cannot provide all the answers. But it can provide those answers related to the monopoly portions, and in relation to market and tariff design.

As such, the suggestion of an SPS does seem a sensible approach to this serious problem. As we know, Ofgem’s Duties are short – given the needs of a legal document – and therefore contain their own ambiguities, and in turn can be interpreted in multiple ways. The SPS is a way to provide direction from government to Ofgem that says “this is the way to interpret your principle objectives and you need to interpret them in light of these policies’’.

A more detailed example of this might be that where the government sets a climate change target in its policy for 2030 or 2050, then there needs to be a direction to Ofgem to make sure that networks will be capable to playing their part in that (as recently argued about RIIO2) OR another example might be that the Duty to future customers specifically should include what future consumers in 2030 and 2050 can expect.

Devolved Administrations

Moreover, there are increasing national differences with energy policy. As we move to a more decarbonised, decentralised and digitalised energy system the lines are increasingly blurred between UK-wide policy and devolved administration responsibilities. Devolved administrations have somewhat different devolved powers but, for example, Scotland has control over renewable energy and energy efficiency. General energy policy and energy infrastructure (via the UK Regulator, Ofgem) remains the Centre’s responsibility. Ofgem’s role has to interpret its Duties broadly enough to allow a divergence of energy policy between devolved regions.

Even with a well written SPS in place which effectively provides direction from the UK Government to Ofgem about how Ofgem should have reference to UK Government policy, this would not necessarily meet other devolved administration needs. An SPS could set out more clearly the role between Ofgem and the devolved administrations. For example, if Scottish Government policy differs from UK Government policy then the Scottish Government could be allowed to include a section in the SPS. Without this, the Scottish Government would have a less direct route.

What has happened to the SPS?

It seems that the SPS has been side-lined. A number of questions arise from this:

• How and why has the SPS been sidelined, given Part 5 (below) of the Energy Act 2013?
• What does this mean?
  • Is Ofgem pleased to be working to the 2011 Social and Environmental Guidance? Given the far reaching nature of the current Ofgem consultations, would Ofgem prefer to have a Strategic Policy Statement from Government?
  • Similarly, why has the Government not published the Strategic Policy Statement? Is it because it proved too hard to get agreement on what more ‘direction’ from Government to Ofgem might mean? And in this situation, which organisation was finding it hard to agree?
• Is it acceptable that Ofgem is working to what appears to be the 2011 Social and Environment Guidance given the 2011 Ofgem Review and the DECC SPS Consultation Document was so critical of it; and that it is now seven years out of date over a period in which there has been rapid change in the energy system.
• Finally, Ofwat has a SPS – first introduced in 2013, and updated in 2017. Why does the Water industry have one, and energy does not?

XXXXXXXXXXXXXXXXX

PART 5 STRATEGY AND POLICY STATEMENT

131Designation of statement

(1)The Secretary of State may designate a statement as the strategy and policy statement for the purposes of this Part if the requirements set out in section 135 are satisfied (consultation and Parliamentary procedural requirements).

(2)The strategy and policy statement is a statement prepared by the Secretary of State that sets out—

(a) the strategic priorities, and other main considerations, of Her Majesty’s government in formulating its energy policy for Great Britain (“strategic priorities”),

(b) the particular outcomes to be achieved as a result of the implementation of that policy (“policy outcomes”), and

(c) the roles and responsibilities of persons (whether the Secretary of State, the Authority or other persons) who are involved in implementing that policy or who have other functions that are affected by it.

(3) The Secretary of State must publish the strategy and policy statement (including any amended statement following a review under section 134) in such manner as the Secretary of State considers appropriate.

(4) For the purposes of this section, energy policy “for Great Britain” includes such policy for—

(a) the territorial sea adjacent to Great Britain, and

(b) areas designated under section 1(7) of the Continental Shelf Act 1964.

(5) In this Part—

• “the 1986 Act” means the Gas Act 1986;
• “policy outcomes” has the meaning given in subsection (2)(b);
• “strategic priorities” has the meaning given in subsection (2)(a);
• “the strategy and policy statement” means the statement for the time being designated under subsection (1) as the strategy and policy statement for the purposes of this Part.

132 Duties in relation to statement

(1) The Authority must have regard to the strategic priorities set out in the strategy and policy statement when carrying out regulatory functions.

(2) The Secretary of State and the Authority must carry out their respective regulatory functions in the manner which the Secretary of State or the Authority (as the case may be) considers is best calculated to further the delivery of the policy outcomes.

(3) Subsection (2) is subject to the application of the principal objective duty in the carrying out of any such function.

(4) “Regulatory functions”, in relation to the Secretary of State, means—

(a) functions of the Secretary of State under Part 1 of the 1986 Act or Part 1 of EA 1989;

(b) other functions of the Secretary of State to which the principal objective duty is applied by any enactment.

(5) “Regulatory functions”, in relation to the Authority, means—

(a) functions of the Authority under Part 1 of the 1986 Act or Part 1 of EA 1989;

(b) other functions of the Authority to which the principal objective duty is applied by any enactment.

(6) The “principal objective duty” means the duty of the Secretary of State or the Authority (as the case may be) imposed by—

(a) section 4AA(1B) and (1C) of the 1986 Act;

(b) section 3A(1B) and (1C) of EA 1989.

(7) The Authority must give notice to the Secretary of State if at any time the Authority concludes that a policy outcome contained in the strategy and policy statement is not realistically achievable.

(8) A notice under subsection (7) must include—

(a) the grounds on which the conclusion was reached;

(b) what (if anything) the Authority is doing, or proposes to do, for the purpose of furthering the delivery of the outcome so far as reasonably practicable.

(9) In this section “enactment” includes—

(a) an enactment contained in this Act, and

(b) an enactment passed or made after the passing of this Act.

133Exceptions from section 132 duties

(1) Section 132(1) and (2) do not apply in relation to functions of the Secretary of State under sections 36 to 37 of EA 1989.

(2) Section 132(1) and (2) do not apply in relation to anything done by the Authority—

(a) in the exercise of functions relating to the determination of disputes;

(b) in the exercise of functions under section 36A(3) of the 1986 Act or section 43(3) of EA 1989.

(3) The duties imposed by section 132(1) and (2) do not affect the obligation of the Authority or the Secretary of State to perform or comply with any other duty or requirement (whether arising under this Act or another enactment, by virtue of any EU obligation or otherwise).

134 Review

(1) The Secretary of State must review the strategy and policy statement if a period of 5 years has elapsed since the relevant time.

(2) The “relevant time”, in relation to the strategy and policy statement, means—

(a) the time when the statement was first designated under this Part, or

(b) if later, the time when a review of the statement under this section last took place.

(3) A review under subsection (1) must take place as soon as reasonably practicable after the end of the 5 year period.

(4) The Secretary of State may review the strategy and policy statement at any other time if—

(a) a Parliamentary general election has taken place since the relevant time,

(b) the Authority has given notice to the Secretary of State under section 132(7) since the relevant time,

(c) a significant change in the energy policy of Her Majesty’s government has occurred since the relevant time, or

(d) the Parliamentary approval requirement in relation to an amended statement was not met on the last review (see subsection (12)).

(5) The Secretary of State may determine that a significant change in the government’s energy policy has occurred for the purposes of subsection (4)(c) only if—

(a) the change was not anticipated at the relevant time, and

(b) if the change had been so anticipated, it appears to the Secretary of State likely that the statement would have been different in a material way.

(6) On a review under this section the Secretary of State may—

(a) amend the statement (including by replacing the whole or part of the statement with new content),

(b) leave the statement as it is, or

(c) withdraw the statement’s designation as the strategy and policy statement.

(7) The amendment of a statement under subsection (6)(a) has effect only if the Secretary of State designates under section 131 the amended statement as the strategy and policy statement (and the procedural requirements under section 135 apply in relation to any such designation).

(8) For the purposes of this section, corrections of clerical or typographical errors are not to be treated as amendments made to the statement.

(9) The designation of a statement as the strategy and policy statement ceases to have effect upon a subsequent designation of an amended statement as the strategy and policy statement in accordance with subsection (7).

(10) The Secretary of State must consult the following persons before proceeding under subsection (6)(b) or (c)—

(a) the Authority,

(b) the Scottish Ministers,

(c) the Welsh Ministers, and

(d) such other persons as the Secretary of State considers appropriate.

(11) For the purposes of subsection (2)(b), a review of a statement takes place—

(a) in the case of a decision on the review to amend the statement under subsection (6)(a)—

(i) at the time when the amended statement is designated as the strategy and policy statement under section 131, or

(ii) if the amended statement is not so designated, at the time when the amended statement was laid before Parliament for approval under section 135(7);

(b) in the case of a decision on the review to leave the statement as it is under subsection (6)(b), at the time when that decision is taken.

(12) For the purposes of subsection (4)(d), the Parliamentary approval requirement in relation to an amended statement was not met on the last review if—

(a) on the last review of the strategy and policy statement to be held under this section, an amended statement was laid before Parliament for approval under section 135(7), but

(b) the amended statement was not designated because such approval was not given.

135Procedural requirements

(1) This section sets out the requirements that must be satisfied in relation to a statement before the Secretary of State may designate it as the strategy and policy statement.

(2) In this section references to a statement include references to a statement as amended following a review under section 134(6)(a).

(3) The Secretary of State must first—

(a) prepare a draft of the statement, and

(b) issue the draft to the required consultees for the purpose of consulting them about it.

(4) The “required consultees” are—

(a) the Authority,

(b) the Scottish Ministers, and

(c) the Welsh Ministers.

(5) The Secretary of State must then—

(a) make such revisions to the draft as the Secretary of State considers appropriate as a result of responses to the consultation under subsection (3)(b), and

(b) issue the revised draft for the purposes of further consultation about it to the required consultees and to such other persons as the Secretary of State considers appropriate.

(6) The Secretary of State must then—

(a) make any further revisions to the draft that the Secretary of State considers appropriate as a result of responses to the consultation under subsection (5)(b), and

(b) prepare a report summarising those responses and the changes (if any) that the Secretary of State has made to the draft as a result.

(7) The Secretary of State must lay before Parliament—

(a) the statement as revised under subsection (6)(a), and

(b) the report prepared under subsection (6)(b).

(8) The statement as laid under subsection (7)(a) must have been approved by a resolution of each House of Parliament before the Secretary of State may designate it as the strategy and policy statement under section 131.

(9) The requirement under subsection (3)(a) to prepare a draft of a statement may be satisfied by preparation carried out before, as well as preparation carried out after, the passing of this Act.

136Principal objective and general duties in preparation of statement

(1) Sections 4AA to 4B of the 1986 Act (principal objective and general duties) apply in relation to the relevant function of the Secretary of State under this Part as they apply in relation to functions of the Secretary of State under Part 1 of that Act.

(2) Sections 3A to 3D of EA 1989 (principal objective and general duties) apply in relation to the relevant function of the Secretary of State under this Part as they apply in relation to functions of the Secretary of State under Part 1 of that Act.

(3) The “relevant function” is the Secretary of State’s function of determining the policy outcomes to be set out in the strategy and policy statement (whether when the statement is first prepared under this Part or when it is reviewed under section 134).

137 Reporting requirements

(1) The Utilities Act 2000 is amended as follows.

(2) After section 4 insert—

“4AInformation in relation to strategy and policy statement

(1) As soon as reasonably practicable after the designation of a statement as the strategy and policy statement, the Authority must publish a document setting out the required information in relation to the statement.

(2) The Authority must include the required information in relation to a strategy and policy statement in the forward work programme for each financial year, subject to making such modifications to the information as the Authority considers appropriate from the version as last published under this subsection.

(3) The required information in relation to a strategy and policy statement to be set out in a document or forward work programme is—

(a) the strategy the Authority intends to adopt for the purpose of furthering the delivery of the policy outcomes contained in the statement (both in respect of the year in or for which the document or programme is issued and beyond);

(b) the things the Authority proposes to do in implementing that strategy (including when the Authority proposes to do them);

(c) the ways in which the Authority has had regard to the strategic priorities contained in the statement in setting out the information required under paragraphs (a) and (b).

(4) The duty under subsection (1) does not apply if—

(a) the Authority does not think it reasonably practicable to publish the document mentioned in that subsection before the time when the Authority is next required to publish a forward work programme, and

(b) the Authority includes the required information in that forward work programme.

(5) The duty under subsection (2) does not apply in relation to the first financial year beginning after the designation of the statement if—

(a) the Authority does not think it reasonably practicable to include the required information in the forward work programme for that year, and

(b) the Authority includes the required information in a document published under subsection (1).

(6) The duty under subsection (2) does not apply in relation to a financial year if the Secretary of State gives notice to the Authority under this subsection that the statement’s designation—

(a) will be withdrawn before the beginning of the year, or

(b) is expected to have been withdrawn before the beginning of the year.

(7) Subsections (4) to (6) of section 4 (notice requirements) apply to a document published under subsection (1) as they apply to a forward work programme.

(8) In this section—

• “designation”, in relation to a strategy and policy statement, means designation of the statement by the Secretary of State under Part 5 of the Energy Act 2013;
• “forward work programme” has the meaning given by section 4(1);
• “policy outcomes”, “strategic priorities” and “strategy and policy statement” have the same meaning as in Part 5 of the Energy Act 2013.”

(3) In section 5 (annual and other reports of Authority), after subsection (2) insert—

“(2A) The annual report for each year shall also include a report on—

(a) the ways in which the Authority has carried out its duties under section 132(1) and (2) of the Energy Act 2013 in relation to the strategy and policy statement (so far as the statement’s designation was in effect during the whole or any part of the year), and

(b) the extent to which the Authority has done the things set out under section 4A in a forward work programme or other document as the things the Authority proposed to do during that year in implementing its strategy for furthering the delivery of the policy outcomes contained in the statement (see subsection (3)(b) of that section).

(2B) The report mentioned in subsection (2A) must, in particular, include—

(a) the Authority’s assessment of how the carrying out of its functions during the year has contributed to the delivery of the policy outcomes contained in the strategy and policy statement, and

(b) if the Authority has failed to do any of the things mentioned in subsection (2A)(b), an explanation for the failure and the actions the Authority proposes to take to remedy it.

(2C) In subsections (2A) and (2B)—

• “forward work programme” has the meaning given by section 4(1);
• “policy outcomes” and “strategy and policy statement” have the same meaning as in Part 5 of the Energy Act 2013.”

138 Consequential provision

(1) The following provisions are repealed (guidance about the making by the Authority of a contribution towards the attainment of social or environmental policies)—

(a) sections 4AB and 4B(1) of the 1986 Act, and

(b) sections 3B and 3D(1) of EA 1989.

(2) In section 4AA(5) of the 1986 Act, after “(2),” insert “and to section 132(2) of the Energy Act 2013 (duty to carry out functions in manner best calculated to further delivery of policy outcomes)”.

(3) In section 3A(5) of EA 1989, after “(2),” insert “and to section 132(2) of the Energy Act 2013 (duty to carry out functions in manner best calculated to further delivery of policy outcomes)”.

(4) In the 1986 Act—

(a) in section 4AA(7), for “sections 4AB and 4A” substitute “section 4A”;

(b) in section 7B(4), in paragraph (a) omit “, 4AB”;

(c) in section 23D(2)—

(i) at the end of paragraph (b) omit “and”,

(ii) in paragraph (c) for “sections 4AB and” substitute “section”, and

(iii) at the end of paragraph (c) insert “; and

(d) in the performance of its duties under section 132(1) and (2) of the Energy Act 2013.”;

(d) in section 28(5), in paragraph (a) omit “, 4AB”;

(e) in section 38(1A), omit “, 4AB”;

(f) in section 41E(6)—

(i) omit paragraph (b), and

(ii) at the end of paragraph (c) insert “; and

(d) any statement for the time being designated as the strategy and policy statement for the purposes of Part 5 of the Energy Act 2013.”

(5) In EA 1989—

(a) in section 3A(7), for “sections 3B and 3C” substitute “section 3C”;

(b) in section 11E(2)—

(i) at the end of paragraph (b) omit “and”,

(ii) in paragraph (c) for “sections 3B and 3C” substitute “section 3C”, and

(iii) at the end of paragraph (c) insert “; and

(d) in the performance of its duties under section 132(1) and (2) of the Energy Act 2013.”;

(c)in section 28(2A), omit “, 3B”;

(d) in section 56C(6)—

(i) omit paragraph (b), and

(ii) at the end of paragraph (c) insert “; and

(d) any statement for the time being designated as the strategy and policy statement for the purposes of Part 5 of the Energy Act 2013.”

http://www.legislation.gov.uk/ukpga/2013/32/part/5/enacted

Posted by: rhoggett

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