The Utilities Act 2000 (Amendment of Section 105) Order 2026
This Statutory Instrument, the Utilities Act 2000 (Amendment of Section 105) Order 2026, amends Section 105 of the Utilities Act 2000, which generally restricts the disclosure of certain information.
The Order inserts new provisions creating specific exemptions from this restriction to facilitate the performance of functions under sections 13 and 19 of the Energy Prices Act 2022, and to allow compliance with directions issued under section 22 of that same Act, thereby enabling smoother execution of specific energy policy measures.
Arguments For
Facilitates necessary information sharing between government bodies and regulated entities to effectively implement energy support measures established under the Energy Prices Act 2022.
Ensures that regulatory and administrative flexibility exists for the Secretary of State (and others acting under their direction) to perform statutory duties related to energy pricing and regulation without being unduly hampered by general information disclosure restrictions.
Provides legal clarity by explicitly carving out exceptions within the Utilities Act 2000 for actions specifically required to meet the objectives of subsequent energy-related legislation.
Arguments Against
Introduces new exceptions to existing prohibitions on information sharing, potentially eroding established standards of confidentiality and data protection for utility companies and related parties.
The need for these specific exemptions suggests an expansion of governmental oversight or regulatory reach into areas previously protected by non-disclosure rules, which might generate administrative complexity or resistance.
Granting broad exemptions related to compliance with directions under the Energy Prices Act 2022 could lead to unforeseen disclosures if the scope of regulated functions expands.
STATUTORY INSTRUMENTS
2026 No. 149
ENERGY
The Utilities Act 2000 (Amendment of Section 105) Order 2026
Made
19th February 2026
Laid before Parliament
23rd February 2026
Coming into force - -
16th March 2026
The Secretary of State makes this Order in exercise of the power conferred by section 105(7) of the Utilities Act 2000( 1 ).
This document is a Statutory Instrument numbered 2026 No. 149, falling under the domain of Energy legislation.
It is officially titled 'The Utilities Act 2000 (Amendment of Section 105) Order 2026'.
The Order was made on 19th February 2026, presented to Parliament on 23rd February 2026, and became legally effective on 16th March 2026.
The Secretary of State enacted this Order using the power granted under section 105(7) of the Utilities Act 2000.
Citation, commencement and extent
- -(1) This Order may be cited as the Utilities Act 2000 (Amendment of Section 105) Order 2026 and comes into force on 16th March 2026.
- (2) This Order extends to England and Wales and Scotland.
The first article establishes the official citation for this legislation, confirming its title and its commencement date of 16th March 2026.
This article also defines the territorial scope of the Order, specifying that its provisions apply across England, Wales, and Scotland.
Amendment to the Utilities Act 2000
- In section 105(3) of the Utilities Act 2000 (exceptions to the general restriction on disclosure of information), after paragraph (ac), insert-
- '(aca) it is made for the purpose of facilitating the performance of any functions of-
- (i) the Secretary of State under section 13 of the Energy Prices Act 2022( 2 ), or
- (ii) any person under regulations under section 19 of that Act;
- (acb) it is made by a person who is subject to a direction given under section 22 of the Energy Prices Act 2022 for the purpose of complying with the direction;'.
Article 2 modifies Section 105(3) of the Utilities Act 2000, which lists exceptions to the general ban on disclosing certain information.
The inserted paragraph (aca) carves out an exemption for information disclosure if the purpose is to help the Secretary of State perform duties under Section 13 of the Energy Prices Act 2022, or to help any person performing duties under regulations made under Section 19 of that Act.
Additionally, new paragraph (acb) exempts disclosures made by any individual or entity who must comply with a direction issued under Section 22 of the Energy Prices Act 2022, provided the disclosure is to meet that directive.
( 1 ) 2000 c. 27. Section 105(1)(a) was amended by the Energy Act 2004 (c. 20), sections 186(a), 198(2); S.I. 2004/2575, article 2(1), Schedule 1; the Energy Act 2008 (c. 32), section 110(2), Schedule 5 paragraph 15(a); S.I. 2009/45, article 2(e)(iv); S.I. 2009/45, article 2(e)(iv); the Energy Act 2010 (c. 27), section 38(3), Schedule paragraph 16(a); the Energy Act 2013 (c. 32), sections 52, 156(2); the Domestic Gas and Electricity (Tariff Cap) Act 2018(c. 21) , sections 11(4)(a), 13(2); the Nuclear Energy (Financing) Act 2022 (c. 15), sections 44(2)(d), Schedule paragraph 2(3)(a); the Energy Prices Act 2022 (c. 44), section 30(6), Schedule 7 paragraph 6(a) (with section 29); the Energy Act 2023 (c. 52), section 334(3)(a), Schedule 5 paragraph 5(a); S.I. 2024/957, regulation 2(a) and S.I. 2024/706, regulations 1(1), 5(6)(a). Section 105(3)(ac) was inserted by the Energy Prices Act 2022 (c. 44), section 30(6), Schedule 7 paragraph 6(b) (with section 29). Section 105(11A) was inserted by the Consumers, Estate Agents and Redress Act 2007 (c. 17), section 66(2), Schedule 7 paragraph 20(d); S.I. 2008/2550, article 2, Schedule. Section 105(11A) was amended by S.I. 2014/631, article 1(3), Schedule 1 paragraph 8(9)(c) (with Schedule 1 paragraph 28, Schedule 2 paragraphs 13 to 15) and S.I. 2022/34, article 1(1), Schedule paragraph 5(6)(d) (with article 5). Section 105(11B) was inserted by S.I. 2011/2704, regulations 1(1), 36(2). There are other amendments to section 105 which are not relevant.
This footnote provides the legislative history and references for Section 105 of the Utilities Act 2000, citing several amending Acts, including the Energy Act 2004, the Energy Prices Act 2022, and others.
It specifically notes that paragraph (ac) was previously inserted by the Energy Prices Act 2022, establishing context for where the current amendments are positioned.
( 2 ) 2022 c. 44.
This footnote simply references the citation for the Energy Prices Act 2022, which is chapter 44 of the 2022 Acts of Parliament.
| Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. |
This entry confirms that the version of the Order being presented is the initial text as it was first officially created, and that alternative updated versions are not available at this viewing point.
19th February 2026
Alan Whitehead Minister of State Department for Energy Security and Net Zero
This confirms the enacting date of 19th February 2026 and identifies the responsible signatory, Alan Whitehead, who held the position of Minister of State within the Department for Energy Security and Net Zero.
EXPLANATORY NOTE
(This note is not part of the Order)
Article 2 inserts new paragraphs into section 105(3) of the Utilities Act 2000 (c. 27) ('the Act').
The effect of this insertion is to create exemptions to the prohibition on information sharing in section 105(1) of the Act. New paragraph (aca) exempts disclosure made for the purpose of facilitating the performance of the Secretary of State's functions under section 13 of the Energy Prices Act 2022 (c. 44) or the performance of the functions of any person under regulations under section 19 of that Act. New paragraph (acb) exempts disclosure made by a person subject to a direction under section 22 of that Act where the disclosure is for the purpose of complying with the direction.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The Explanatory Note clarifies that the instrument legally amends Section 105(3) of the Utilities Act 2000, creating exceptions to the rule prohibiting information sharing described in Section 105(1) of that Act.
Specifically, disclosure is permitted if it helps the Secretary of State execute functions under the Energy Prices Act 2022 (Section 13) or aids others carrying out duties under regulations from that Act (Section 19).
Furthermore, information can be shared if required to comply with a specific direction issued under Section 22 of the Energy Prices Act 2022.
The note also states that a full impact assessment was waived due to the expectation of negligible impact on the public, private, or voluntary sectors.
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