PART 8Enforcement

Enforcement provisions of the Gas Act 198637

1

Part 1 of the Gas Act 1986 (gas supply)67 is amended as follows.

2

In section 22 (effect of directions)68—

a

in subsection (1)—

i

omit “, 19B(11), 19D(11)”;

ii

for the words from “and the obligation” to “are duties” substitute “is a duty”;

b

in subsection (3) omit “or relevant duties”;

c

omit subsection (5).

3

For the italic heading preceding section 2869 substitute—

“Enforcement of obligations of regulated persons”.

4

In each of the following provisions, for “licence holder” wherever it occurs substitute “regulated person”—

a

section 28 (orders for securing compliance with certain provisions);

b

section 29 (procedural requirements)70;

c

section 30 (validity and effect of orders)71;

d

section 30A (penalties)72;

e

section 30C (time limits on the imposition of penalties)73;

f

section 30E (appeals)74;

g

section 30F (recovery of penalties)75;

h

section 38(1) (power to require information etc)76.

5

In section 28(8)—

a

after the definition of “provisional order” insert—

  • “regulated person” means a person who is one or more of the following—

    1. a

      a licence holder;

    2. b

      a distribution exemption holder;

    3. c

      a supply exemption holder;

    4. d

      the owner of a storage facility;

    5. e

      the owner of an LNG import or export facility;

    6. f

      a gas undertaking which is a relevant producer or supplier;

b

in the definition of “relevant condition”, for “his licence” substitute “any licence held by that person”;

c

in the definition of “relevant requirement”, for the words from “him” to the end of the definition substitute “that person under a provision specified in Schedule 4B as a relevant provision in respect of that person”.

6

After Schedule 4A (as inserted by regulation 41(7)) insert the Schedule set out in Schedule 3.

Saving provision in relation to enforcement action under section 22 of the Gas Act 198638

The amendments in regulation 37(1) do not affect any proceedings under section 22 of the Gas Act 1986 commenced before the day on which these Regulations come into force.

Enforcement provisions of the Electricity Act 198939

1

Part 1 of the Electricity Act 1989 (electricity supply)77 is amended as follows.

2

For the italic heading preceding section 2578 substitute—

“Enforcement of obligations of regulated persons”.

3

In each of the following provisions, for “licence holder” wherever it occurs substitute “regulated person”—

a

section 25 (orders for securing compliance);

b

section 26 (procedural requirements)79;

c

section 27 (validity and effect of orders)80;

d

section 27A (penalties)81;

e

section 27C (time limits on the imposition of financial penalties)82;

f

section 27E (appeals)83;

g

section 27F (recovery of penalties)84;

h

section 28(1) (power to require information etc)85.

4

In section 25(8)—

a

after the definition of “provisional order” insert—

  • “regulated person” means a person who is one or more of the following—

    1. a

      a licence holder;

    2. b

      a distribution exemption holder;

    3. c

      a supply exemption holder;

    4. d

      an electricity undertaking which is a relevant producer or supplier;

b

in the definition of “relevant condition”, for “his licence” substitute “any licence held by that person”;

c

in the definition of “relevant requirement”, for the words from “him” to the end of the definition substitute “that person under a provision specified in Schedule 6A as a relevant provision in respect of that person”.

5

After Schedule 6 insert the Schedule set out in Schedule 4.

Amendment of Electricity and Gas (Determination of Turnover for Penalties) Order 200240

1

The Electricity and Gas (Determination of Turnover for Penalties) Order 200286 is amended as follows.

2

In each of the following, for “licence holder” wherever it occurs substitute “regulated person”—

a

the definitions of “applicable turnover” and “business year” in article 2;

b

article 3(1), (3) and (4).