relevant conditions of gas and electricity licences F1and exemptions;F2 and

relevant requirements F3.

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

specified in this Article; or

in the Electricity Regulation and designated under this Article, in respect of that person.

Part VII (Electricity from renewable sources);

designated provisions of the Electricity Regulation;

Articles 10C(8) and (9) of the Electricity Order (Certification procedure);

Articles 10I(11) and (12) of the Electricity Order (Monitoring and review of certification);

Articles 8C(4) and (5) of the Gas Order (Certification procedure); and

Articles 8I(11) and (12) of the Gas Order (Monitoring and review of certification),

Article 43(3) of the Electricity Order (Overall standards of performance: electricity supply);

Article 44(3) of the Electricity Order (Promotion of efficient use of electricity);

Article 45A of the Electricity Order (Information to be given to customers about overall performance);

Article 45B of the Electricity Order (Procedures for dealing with complaints);

those in Part VII (Electricity from renewable sources);

the Electricity and Gas (Billing) (No. 2) Regulations (Northern Ireland) 2010;

Articles 10C(8) and (9) of the Electricity Order (Certification procedure);

Articles 10I(10), (11) and (12) of the Electricity Order (Monitoring and review of certification) insofar as they apply to that person;

Articles 8C(4) and (5) of the Gas Order (Certification procedure); F8. . .

Articles 8I(11) and (12) of the Gas Order (Monitoring and review of certification) ; F50...

paragraph 2(1) and 3(4) of Schedule 7 to the Electricity Order (individual meters),

section 6(2) of the Energy Prices Act 2022, except section 6(2)(c) insofar as non-compliance with the terms of the designated scheme involves the amounts payable by or to the Secretary of State under the scheme; and

section 22 of the Energy Prices Act 2022,

Article 12(1) of the Electricity Order (General duties of electricity distributors and transmission licence holders);

Articles 19 to 26 of the Electricity Order (Duty to connect on request);

Article 43A of the Electricity Order (Overall standards of performance: electricity distributors); and

Article 45A of the Electricity Order (Information to be given to customers about overall performance),

Article 12(2) of the Electricity Order (General duties of electricity distributors and transmission licence holders);

Article 10B(1) or (2) and Article 10C(3) of the Electricity Order insofar as they apply to that person; F44...

Articles 10C(7) or (8) and (9) and 10I(10), (11) and (12) of the Electricity Order insofar as they apply to that person F45; and

Article 53A(2) of the Electricity Order insofar as it applies to that person,

Article 53A(2) of the Electricity Order insofar as it applies to that person; and

Article 53A(3) and (4) of the Electricity Order (regional coordination centres),

specified in this Article; or

in the Gas Regulation and designated under this Article,

Section 3(4) of the Energy Act (Northern Ireland) 2011 (Overall standards of performance);

Section 5(3) of the Energy Act (Northern Ireland) 2011 (Standards for promoting efficient use of gas);

Section 7 of the Energy Act (Northern Ireland) 2011 (Information to be given to customers about overall performance);

Section 8 of the Energy Act (Northern Ireland) 2011 (Procedures for dealing with complaints);

the Electricity and Gas (Billing) (No. 2) Regulations (Northern Ireland) 2010;

Articles 10C(8) and (9) of the Electricity Order (Certification procedure);

Articles 10I(11) and (12) of the Electricity Order (Monitoring and review of certification);

articles 8C(4) and (5) of the Gas Order (Certification procedure); F10. . .

Articles 8I(11) and (12) of the Gas Order (Monitoring and review of certification) F11; F52...

Article 21A of the Gas Order (individual meters).

section 7(2) of the Energy Prices Act 2022, except section 7(2)(c) insofar as non-compliance with the terms of the designated scheme involves the amounts payable by or to the Secretary of State under the scheme; and

section 22 of the Energy Prices Act 2022,

Section 3(4) of the Energy Act (Northern Ireland) 2011 (Overall standards of performance);

Section 7 of the Energy Act (Northern Ireland) 2011 (Information to be given to customers about overall performance),

Article 8B(1) or (2) of the Gas Order and Article 8B(1) or (2) of the Electricity Order insofar as they apply to that person; and

Article 8C(3), (4) and (5) and 8I(10), (11) and (12) of the Gas Order insofar as they apply to that person,

that a F15regulated person is contravening, or is likely to contravene, any relevant condition or requirement; and

that it is requisite that a provisional order be made,

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

to the fact that the effect of the provisions of this Article and Article 44 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.

it is satisfied that the F15regulated person to whom the order relates is contravening, or is likely to contravene, any relevant condition or requirement; and

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

that the duties imposed on it by Article 12 or 14 F18or Article 9 of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007. preclude the making or, as the case may be, the confirmation of the order;F19. . .

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

that the F15regulated 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 F15regulated person to take for the purpose of securing or facilitating compliance with the condition or requirement in question; or

that the contraventions were, or the apprehended contraventions are, of a trivial nature.

serve notice that it is so satisfied F22or has so decided on the F15regulated person; and

publish the notice in such manner as it 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.

shall require the F15regulated 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;

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

may be revoked at any time by the Authority.

stating that the Authority proposes to make or confirm the order and setting out its effect;

specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed order or proposed confirmation may be made,

by publishing the notice in such manner as the Authority 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; and

by serving a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, on the F23regulated person to whom the order relates.

with the consent to the modifications of the F23regulated person to whom the order relates; or

after complying with the requirements of paragraph (4).

serve on the F23regulated person to whom the order relates such notice as appears to it requisite of its proposal to make or confirm the order with modifications;

in that notice specify the period (not being less than 21 days from the date of the service of the notice) within which representations or objections with respect to the proposed modifications may be made; and

consider any representations or objections which are duly made and not withdrawn.

serve a copy of the order on the F23regulated person to whom the order relates; and

publish the order in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

stating that the Authority proposes to revoke the order and setting out its effect; and

specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed revocation may be made,

by publishing the notice in such manner as the Authority 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; and

by serving a copy of the notice on the F23regulated person to whom the order relates.

that its making or confirmation was not within the powers of Article 42; or

that any of the requirements of Article 43 have not been complied with in relation to it,

that an electricity licence holder who is a public electricity supplier has failed or is failing to achieve any standard of performance prescribed under Article 42 of the Electricity OrderF29 or

that a gas licence holder has failed or is failing to achieve any standard of performance prescribed under section 1 of the Energy Act (Northern Ireland) 2011,

stating that it proposes to impose a penalty and the amount of the penalty proposed to be imposed;

setting outF26 the condition, requirement or prohibition or the standard of performance in question;

specifying the acts or omissions which, in the opinion of the Authority, constitute the contravention or failure in question and the other facts which, in the opinion of the Authority, justify the imposition of a penalty and the amount of the penalty proposed; and

specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made,

setting out the proposed variation and the reasons for it; and

specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed variation may be made,

stating that it has imposed a penalty on the F25regulated person and its amount;

setting outF26 the condition, requirement or prohibition or the standard of performance in question;

specifying the acts or omissions which, in the opinion of the Authority, constitute the contravention or failure in question and the other facts which, in the opinion of the Authority, justify the imposition of the penalty and its amount; and

specifying a date, no earlier than the end of the period of 42 days from the date of service of the notice on the F25regulated person, by which the penalty is required to be paid.

by publishing the notice in such manner as the Authority 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;

by serving a copy of the notice on the F25regulated person; and

by serving a copy of the notice on the Council.

subject to sub-paragraph (b), 10 per cent of the turnover of the regulated person; or

where the regulated person is or is part of a vertically integrated undertaking and the relevant condition or requirement to which the contravention relates is imposed on a vertically integrated undertaking pursuant to the Electricity Directive F48or F49by or under a provision referring to a provision of the 2009 Electricity Directive or the Gas Directive, 10 per cent of the turnover of the vertically integrated undertaking,

the Gas Regulation;

the Electricity Regulation, in the case of a contravention which occurred on or after the date on which the Electricity and Gas (Internal Markets) Regulations 2020 came into force; or

the 2009 Electricity Market Regulation, in the case of a contravention which occurred before the date referred to in sub-paragraph (b).

the notice under Article 45(4) relating to the penalty is served on the F32regulated person under Article 45(8), or

a notice relating to the contravention or failure is served on the F32regulated person under Article 51(2).

within three months from the confirmation of the provisional order or the making of the final order, or

where the provisional order is not confirmed, within six months from the making of the provisional order.

the imposition of the penalty;

the amount of the penalty; or

the date by which the penalty is required to be paid, or the different dates by which different portions of the penalty are required to be paid,

within 42 days from the date of service on the F34regulated person of a notice under Article 45(6), or

where the application relates to a decision of the Authority on an application by the F34regulated person under Article 45(7), within 42 days from the date the F34regulated person is notified of the decision.

may quash the penalty;

may substitute a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case; or

in the case of an application under paragraph (1)(c), may substitute for the date or dates imposed by the Authority an alternative date or dates.

that the imposition of the penalty was not within the power of the Authority under Article 45;

that any of the requirements of paragraphs (4) to (6) or (8) of Article 45 have not been complied with in relation to the imposition of the penalty and the interests of the F34regulated person have been substantially prejudiced by the non-compliance; or

that it was unreasonable of the Authority to require the penalty imposed, or any portion of it, to be paid by the date or dates by which it was required to be paid.

may be contravening, or may have contravened, any relevant condition or requirement, or

(in the case of an electricity licence holder who is a public electricity supplier) may be failing or may have failed to achieve any standard of performance prescribed under Article 42 of the Electricity Order,F37 or

(in the case of a gas licence holder) may be failing or may have failed to achieve any standard of performance prescribed under section 1 of the Energy Act (Northern Ireland) 2011,

requiring the person on whom it is served to produce, at a time and place specified in the notice, to the Authority or to any person appointed by the Authority for the purpose, any documents which are specified or described in the notice and are in that person's custody or under his control; or

requiring that person, if he is carrying on a business, to furnish, at a time and place and in the form and manner specified in the notice, to the Authority such information as may be specified or described in the notice.

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine.