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The Electricity (Northern Ireland) Order 1992

Status:

This is the original version (as it was originally made).

Investigation of complaints

Investigation of enforcement matters

48.—(1) Subject to paragraph (2), it shall be the duty of the Director to investigate any matter which appears to him to be an enforcement matter and which—

(a)is the subject of a representation (other than one appearing to the Director to be frivolous) made to the Director by or on behalf of a person appearing to the Director to have an interest in that matter; or

(b)is referred to him by the consumer committee under paragraph (3).

(2) The Director may, if he thinks fit, require the consumer committee to investigate and report to him on any matter falling within paragraph (1) which relates to a person authorised by a licence to supply electricity.

(3) It shall be the duty of the consumer committee to refer to the Director any matter which—

(a)appears to the committee to be an enforcement matter; and

(b)is the subject of a representation (other than one appearing to the committee to be frivolous) made to the committee by or on behalf of a person appearing to the committee to have an interest in that matter.

(4) In this Article and Article 49 “enforcement matter” means any matter in respect of which any functions of the Director under Article 28 are or may be exercisable.

Investigation of certain other matters

49.—(1) It shall be the duty of the consumer committee to investigate any matter which appears to the committee to be a relevant matter and which—

(a)is the subject of a representation (other than one appearing to the committee to be frivolous) made to the committee by or on behalf of a person appearing to the committee to have an interest in that matter; or

(b)is referred to the committee by the Director under paragraph (2).

(2) Subject to paragraph (3), it shall be the duty of the Director to refer to the consumer committee any matter which—

(a)appears to the Director to be a relevant matter; and

(b)is the subject of a representation (other than one appearing to the Director to be frivolous) made to the Director by or on behalf of a person appearing to the Director to have an interest in that matter.

(3) Nothing in paragraph (2) shall require the Director to refer to the consumer committee any matter in respect of which he is already considering exercising functions under this Part.

(4) Where on an investigation under paragraph (1) any matter appears to the consumer committee to be a matter in respect of which it would be appropriate for the Director to exercise any functions under this Part, the committee shall refer that matter to the Director with a view to his exercising those functions with respect to that matter.

(5) In this Article “relevant matter”, in relation to the consumer committee, means any matter (other than an enforcement matter)—

(a)in respect of which any functions of the Director under this Part are or may be exercisable; and

(b)which relates to a public electricity supplier or to any other person authorised by a licence to supply electricity.

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