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The Electricity and Gas (Internal Markets) Regulations 2011

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Enforcement provisions of the Electricity Act 1989

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39.—(1) Part 1 of the Electricity Act 1989 (electricity supply)(1) is amended as follows.

(2) For the italic heading preceding section 25(2) substitute—

Enforcement of obligations of regulated persons”.

(3) In each of the following provisions, for “licence holder” wherever it occurs substitute “regulated person”—

(a)section 25 (orders for securing compliance);

(b)section 26 (procedural requirements)(3);

(c)section 27 (validity and effect of orders)(4);

(d)section 27A (penalties)(5);

(e)section 27C (time limits on the imposition of financial penalties)(6);

(f)section 27E (appeals)(7);

(g)section 27F (recovery of penalties)(8);

(h)section 28(1) (power to require information etc)(9).

(4) In section 25(8)—

(a)after the definition of “provisional order” insert—

“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;;

(b)in the definition of “relevant condition”, for “his licence” substitute “any licence held by that person”;

(c)in the definition of “relevant requirement”, for the words from “him” to the end of the definition substitute “that person under a provision specified in Schedule 6A as a relevant provision in respect of that person”.

(5) After Schedule 6 insert the Schedule set out in Schedule 4.

(2)

Section 25 was amended by sections 3(2), 60(1) to (5) and 108 of, and paragraphs 24, 27 and 28 of Part 2 of Schedule 6 to, and Schedule 8 to, the Utilities Act 2000 (c. 27); by section 54(3) of, and paragraph 12(1) and (5) of Schedule 10 to, the Competition Act 1998 (c. 41); by sections 25(8), 45(4), 52(2) and 63(1) of, paragraph 2 of Schedule 2 to, paragraph 2(1) and (2) of Schedule 5 to, and paragraphs 7 and 9 of Schedule 7 to, the Consumers, Estate Agents and Redress Act 2007 (c. 17); by section 107(1) of, and paragraph 3 of Schedule 5 to, the Energy Act 2008 (c. 32); and by section 35 of, and paragraphs 5 and 6(1) of the Schedule to, the Energy Act 2010 (c. 27).

(3)

Section 26 was amended by sections 3(2) and 60(1) and (6) of the Utilities Act 2000 (c. 27).

(4)

Amendments have been made that are not relevant for these purposes.

(5)

Section 27A was inserted by section 59(1) of the Utilities Act 2000 (c. 27).

(6)

Section 27C was inserted by section 59(1) of the Utilities Act 2000 (c. 27) and subsequently amended by section 24(2) of the Energy Act 2010 (c. 27).

(7)

Section 27E was inserted by section 59(1) of the Utilities Act 2000 (c. 27). Amendments have been made that are not relevant for these purposes.

(8)

Section 27F was inserted by section 59(1) of the Utilities Act 2000 (c. 27).

(9)

Section 28(1) was amended by section 59(2) of the Utilities Act 2000 (c. 27).

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