Energy Act 2011

87 Powers of [F1 OGA] to require information E+W+S

(1) Where the [F1 OGA] has reason to believe that a person has made or received an application of a kind mentioned in subsection (1) of section 82, the [F1 OGA] may by notice require the person to confirm whether or not that is the case.

(2) The [F1 OGA] may by notice require a person who has made or received an application of a kind mentioned in subsection (1) of section 82 to provide the [F1 OGA] with specified information for the purpose of enabling the [F1 OGA] to decide—

(a) whether to exercise any function conferred on the [F1 OGA] by section 82, 83, or 84; and

(b) if so, how to exercise the function.

(3) Where a person has applied to the [F1 OGA] under section 85 for a notice to be varied, the [F1 OGA] may by notice require any person within subsection (4) to provide the [F1 OGA] with specified information for the purpose of enabling the [F1 OGA] to decide—

(a) whether to vary the notice; and

(b) if so, how to vary the notice.

(4) Those persons are—

(a) the person who applied for the notice to be varied;

(b) the other person to whom the notice was given;

(c) any person who has had assigned to him or her a right which is secured by the notice or a duty which is imposed by the notice.

(5) The information that may be required under subsection (2) and (3) includes financial information.

[F2 (5A) A notice under subsection (1), (2) or (3) that imposes a requirement on a person must specify when the requirement is to be complied with.]

(6) The [F1 OGA] may not disclose any information obtained under this section unless—

(a) the person by or on behalf of whom the information was provided consents to the disclosure, F3 ...

(b) the disclosure is required by virtue of an obligation imposed on the [F1 OGA] by or under an enactment [F4 or

(c) the disclosure is made under section 89A or 89B.]

(7) In this section “specified” means specified in a notice under subsection (2) or (3).

Textual Amendments

F1 Words in s. 87 substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 69; S.I. 2016/920, reg. 2(a)

F2 S. 87(5A) inserted (1.10.2016) by Energy Act 2016 (c. 20), ss. 70(2), 84(3); S.I. 2016/920, reg. 2(c)

F3 Word in s. 87(6)(a) omitted (1.10.2016) by virtue of Energy Act 2016 (c. 20), ss. 71(3)(a), 84(3); S.I. 2016/920, reg. 2(c)

F4 S. 87(6)(c) and preceding word inserted (1.10.2016) by Energy Act 2016 (c. 20), ss. 71(3)(b), 84(3); S.I. 2016/920, reg. 2(c)

Commencement Information

I1 S. 87 in force at 21.3.2012 by S.I. 2012/873, art. 2(b)(i) (with art. 4)