Amendment to the Energy Order – penalties
This section has no associated Explanatory Memorandum
77. For paragraph (9) of Article 45 there shall be substituted the following paragraph—
“(9) No penalty imposed by the Authority under this Article may exceed—
(a)subject to sub-paragraph (b), 10 per cent of the turnover of the regulated person; or
(b)where the regulated person is or is part of a vertically integrated undertaking and the relevant condition or requirement to which the contravention relates is imposed on a vertically integrated undertaking pursuant to the Electricity Directive or the Gas Directive, 10 per cent of the turnover of the vertically integrated undertaking,
in each case determined in accordance with provisions specified in an order made by the Department.”.