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PART IIREGULATORY AUTHORITIES AND GENERAL DUTIES

The Northern Ireland Authority for Utility Regulation

Annual report of the Authority

5.—(1) The Authority shall, as soon as practicable after the end of each financial year, make to the Department a report (the “annual report” for that year) on—

(a)its activities during that year in the exercise of its functions under this Order; and

(b)the activities of the Competition Commission during that year in respect of any references made by the Authority under this Order.

(2) The annual report for each year shall include—

(a)a general survey of developments in respect of matters falling within the scope of the Authority’s functions under this Order;

(b)a report on the progress of the projects described in the forward work programme for that year prepared under Article 4;

(c)a summary of final and provisional orders made, and penalties imposed, by the Authority under Part III during the year; and

(d)a report on such other matters as the Department may from time to time require.

(3) The annual report for each year shall set out any general directions given by the Department under Article 60(3).

(4) The Department shall consult the Authority before exercising the power under paragraph (2)(d) in relation to any matter.

(5) The annual report prepared under this Article may, if the Authority so decides, be combined in a single report with the annual report of the Authority prepared under Article 6 of the Energy Order.

(6) Where the annual report prepared under this Article is not so combined, the Department shall—

(a)lay a copy of the report before the Assembly; and

(b)arrange for the report to be published in such manner as the Department considers appropriate.

(7) The Authority may also—

(a)prepare other reports with respect to any matter falling within the scope of its functions under this Order; and

(b)arrange for any such report to be published in such manner as it considers appropriate.

(8) The Authority shall send—

(a)a copy of each annual report published under paragraph (6)(b) to the Council; and

(b)a copy of each report under paragraph (7) to the Department and the Council.

(9) In making or preparing any report under this Article the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.