Part IU.K. ELECTRICITY SUPPLY

Modifications etc. (not altering text)

C3Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C4Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))

[F1Enforcement of obligations of regulated persons]E+W+S

Textual Amendments

25 Orders for securing compliance.E+W+S

(1)Subject to subsections (2)[F2, [F3(4A) to] (5A)] and section 26 below, where [F4the Authority] is satisfied that a [F5regulated person] is contravening, or is likely to contravene, any relevant condition or requirement, [F6it] shall by a final order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.

(2)Subject to [F7subsections [F3(4A) to] (5A)] below, where it appears to [F4the Authority]—

(a)that a [F5regulated person] is contravening, or is likely to contravene, any relevant condition or requirement; and

(b)that it is requisite that a provisional order be made,

[F6it] shall (instead of taking steps towards the making of a final order) by a provisional order make such provision as appears to him requisite for the purpose of securing compliance with that condition or requirement.

(3)In determining for the purposes of subsection (2)(b) above whether it is requisite that a provisional order be made, [F4the Authority] shall have regard, in particular—

(a)to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the relevant condition or requirement, is likely to be done, or omitted to be done, before a final order may be made; and

(b)to the fact that the effect of the provisions of this section and section 27 below is to exclude the availability of any remedy (apart from under those provisions or for negligence) in respect of any contravention of a relevant condition or requirement.

(4)Subject to [F7subsections [F8(4A) to] (5A)] and section 26 below, [F4the Authority] shall confirm a provisional order, with or without modifications, if—

(a)[F6it] is satisfied that the [F5regulated person] to whom the order relates is contravening, or is likely to contravene, any relevant condition or requirement; and

(b)the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.

[F9(4A)Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(4B)The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.]

(5)[F4the Authority] shall not make a final order or make or confirm a provisional order in relation to a [F5regulated person] if [F6it] is satisfied—

(a)that the duties imposed on him by section [F103A to 3C] preclude the making or, as the case may be, the confirmation of the order;

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(5A)The Authority is not required to make a final order or make or confirm a provisional order if it is satisfied—

(a)that the [F5regulated person] has agreed to take and is taking all such steps as it appears to the Authority for the time being to be appropriate for the [F5regulated person] to take for the purpose of securing or facilitating compliance with the condition or requirement in question; or

(b)that the contraventions were or the apprehended contraventions are of a trivial nature.]

(6)Where [F4the Authority] [F14decides that it would be more appropriate to proceed under the Competition Act 1998 or ] is satisfied as mentioned in [F7subsections (5) [F15or] (5A)] above, [F6it] shall—

(a)serve notice that [F6it] [F16has so decided or] is so satisfied on the [F5regulated person]; and

(b)publish the notice in such manner as [F6it] considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

(7)A final or provisional order—

(a)shall require the [F5regulated person] to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;

(b)shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and

(c)may be revoked at any time by [F4the Authority].

(8)In this Part—

  • “final order” means an order under this section other than a provisional order;

  • “provisional order” means an order under this section which, if not previously confirmed in accordance with subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order;

  • [F17“regulated person” means a person who is one or more of the following—

    (a)

    a licence holder;

    (b)

    a distribution exemption holder;

    (c)

    a supply exemption holder;

    (d)

    an electricity undertaking which is a relevant producer or supplier;]

  • “relevant condition”, in relation to a [F5regulated person], means any condition of [F18any licence held by that person];

  • “relevant requirement”, in relation to a [F5regulated person], means any duty or other requirement imposed on [F19that person under a provision specified in Schedule 6A as a relevant provision in respect of that person].

Textual Amendments

F2Words in s. 25(1) substituted (1.10.2001) by 2000 c. 27, s. 60(2)(7); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F4Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s 3(2); S.I. 2000/3343, art. 2, Sch.

F6Word substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s 3(2); S.I. 2000/3343, art. 2, Sch.

F7Words in s. 25(2)(4)(6) substituted (1.10.2001) by 2000 c. 27, s. 60(3)(7); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F10Words in s. 25(5)(a) substituted (20.12.2000) by 2000 c. 27, ss. 108, 110(2), Sch. 6 Pt. II para. 27; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2)

F11S. 25(5)(b)(c) repealed (1.10.2001) by 2000 c. 27, ss. 60(4)(7), 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F13S. 25(5A) inserted (1.10.2001) by 2000 c. 27, s. 60(5)(7); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

Modifications etc. (not altering text)

C7Ss. 25-28 applied (with modifications) (S.) (1.4.2007) by The Renewables Obligation (Scotland) Order 2007 (S.S.I. 2007/267), arts. 1(1), 31

C8S. 25: power to amend conferred (18.12.2013) by Energy Act 2013 (c. 32), ss. 38(c), 156(3)