The government has made the Utilities Act 2000 (Amendment of Section 105) Order 2026 (SI 2026/149), using powers under section 105(7) of the Utilities Act 2000. The Order was made on 19 February 2026, laid before Parliament on 23 February 2026, and comes into force on 16 March 2026. It is signed by Dr Alan Whitehead, Minister of State at the Department for Energy Security and Net Zero. (gov.uk)
Section 105 of the Utilities Act 2000 imposes a general prohibition on the disclosure of information obtained under the Gas Act 1986, the Electricity Act 1989 or the Utilities Act 2000, with limited statutory exceptions. In practice, it also operates as a statutory bar for disclosure under freedom of information legislation where it applies, as reflected in Information Commissioner decisions concerning Ofgem. The new Order adds further, targeted exceptions to that prohibition. (ico.org.uk)
First, disclosure is now permitted where it supports the Secretary of State in performing functions under section 13 of the Energy Prices Act 2022, or supports any person performing functions under regulations made under section 19 of that Act. Section 13 provides broad powers for the Secretary of State to give support for meeting energy costs, including financial assistance and measures related to energy or relevant infrastructure-powers established by Parliament to respond to the energy crisis. (uk-legislation.com)
Secondly, the exception confirms that information may be disclosed by a person subject to a direction under section 22 of the Energy Prices Act 2022, where that disclosure is for the purpose of complying with the direction. Section 22 enables the Secretary of State to give directions considered appropriate in response to the energy crisis, or in connection with the Act and regulations made under it, including to specified licensees and other bodies. (uk-legislation.com)
Together, these amendments create a narrow legal route to share information that would otherwise be restricted by section 105, but only to the extent necessary to deliver statutory energy support or to comply with directions issued under the Energy Prices Act 2022. The general prohibition in section 105 remains in place for all other circumstances, and public authorities must continue to apply existing confidentiality and access to information regimes accordingly. (ico.org.uk)
In operational terms, the change is most relevant to electricity and gas suppliers, scheme intermediaries captured by pass‑through regulations, and any organisation directed under section 22. For pass‑through specifically, Parliament intended section 19 to require intermediaries to pass on the benefit of government energy price support to end users; government guidance (since withdrawn) set out how intermediaries should provide information to end users and resolve disputes, illustrating the type of activity that may now require limited data sharing under the new exception. (hansard.parliament.uk)
Energy companies and administrators should review existing information‑sharing arrangements and memoranda of understanding to ensure any disclosure under the new gateway is purpose‑bound and recorded. Internal approvals should confirm that each disclosure is strictly for performing section 13 functions, carrying out functions under regulations made under section 19, or complying with a section 22 direction. Routine confidentiality controls and record‑keeping remain essential.
The Order extends to England and Wales and Scotland. While the Utilities Act 2000 does not extend to Northern Ireland, the Energy Prices Act provides for certain powers-including sections 13, 19 and 22-to be exercised concurrently by the Department for the Economy in Northern Ireland. Organisations operating on a UK‑wide basis should therefore check whether parallel Northern Ireland powers or directions apply to their activities. (uk-legislation.com)
No impact assessment has been produced, with the department indicating no, or no significant, impact on the private, voluntary or public sector. For most entities the immediate task is administrative: align governance documents and data‑sharing protocols ahead of commencement on 16 March 2026, and ensure front‑line teams understand the precise conditions under which disclosure is now lawful.