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The Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations (Northern Ireland) 2013

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This is the original version (as it was originally made).

Investigations

Power of Authority to investigate

10.—(1) The Authority may conduct an investigation if it appears to the Authority that there are circumstances suggesting that a person—

(a)may have failed to comply with a REMIT requirement;

(b)may have failed to comply with a requirement imposed by or under regulation 8; or

(c)may be guilty of an offence under regulation 20.

(2) For the purposes of an investigation under paragraph (1)(a) or (c) the Authority has the powers conferred by regulations 11 to 19.

(3) For the purposes of an investigation under paragraph (1)(b) the Authority has the powers conferred by regulations 11 to 15.

Authority’s power to require information

11.—(1) The Authority may, by notice in writing, require any person—

(a)to provide specified information or information of a specified description; or

(b)to produce specified documents or documents of a specified description,

which appear to the Authority to relate to any matter relevant to the investigation.

(2) The information or documents must be provided or produced—

(a)before the end of such reasonable period as may be specified; and

(b)at such place as may be specified.

(3) The Authority may require any information provided under this regulation to be provided in such form as it may reasonably require.

(4) The Authority may require—

(a)any information provided, whether in a document or otherwise, to be verified in such manner; or

(b)any document produced to be authenticated in such manner,

as it may reasonably require.

(5) In paragraphs (1) and (2), “specified” means specified in the notice.

Authority’s power to summon and hear

12.—(1) Paragraphs (2) and (3) apply if the Authority considers that any person (“P”) is or may be able to give information which is or may be relevant to the investigation.

(2) The Authority may require P to attend before a person authorised by the Authority at a specified time and place and answer questions.

(3) The Authority may also otherwise require P to give the Authority all assistance in connection with the investigation which P is reasonably able to give.

(4) In paragraph (2), “specified” means specified in a notice in writing.

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