Energy Act 2011

Prospective

87Powers of Secretary of State to require informationE+W+S

This sectionnoteType=Explanatory Notes has no associated

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

(2)The Secretary of State 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 Secretary of State with specified information for the purpose of enabling the Secretary of State to decide—

(a)whether to exercise any function conferred on the Secretary of State by section 82, 83, or 84; and

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

(3)Where a person has applied to the Secretary of State under section 85 for a notice to be varied, the Secretary of State may by notice require any person within subsection (4) to provide the Secretary of State with specified information for the purpose of enabling the Secretary of State 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.

(6)The Secretary of State 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, or

(b)the disclosure is required by virtue of an obligation imposed on the Secretary of State by or under an enactment.

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