Energy Act 2004

20 Duty to comply with directions under s. 18

(1) The duty of a person to whom a direction is given under section 18 to comply with that direction is a duty owed to the NDA, and to no one else.

(2) That duty is to be enforceable by the NDA in civil proceedings—

(a) for an injunction or interdict;

(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

(c) for any other appropriate remedy or relief.

(3) That duty is subject to the obligation of the NDA to discharge its financial responsibilities under section 21.

(4) A person with control of an installation, site or facility is not to be subject to that duty to the extent that he is relieved of it by the provisions of an agreement—

(a) between the NDA and that person; or

(b) between the NDA and a body corporate of which that person is a subsidiary.

(5) The Secretary of State may by order provide, in the case of an installation, site or facility the person with control of which is a Crown appointee, that the Crown appointee is not to be subject, to the extent specified in the order, to the duty to comply with directions under section 18.

(6) An order for the purposes of subsection (5) is subject to the negative resolution procedure.