Explanatory Notes

Energy Act 2008

2008 CHAPTER 32

26 November 2008

Chapter 3: Storage of Carbon Dioxide

Commentary on Sections

Enforcement

Section 24: Licensing authority’s power of direction

71.Where there has been a breach of a licence condition, this section enables the licensing authority (or an authority to which the relevant function has been transferred under section 34), to direct that the licence holder takes appropriate steps to remedy the breach. For example, if the licence requires equipment to be maintained to a good standard, a direction may require the equipment to be repaired or replaced. Subsection (3) requires the licence holder to be consulted before a direction is made.

72.If the licence holder fails to comply with the direction, the licensing authority (or the Authority to which the function is transferred), may, undersubsections (4) to (8), ensure that the necessary action is taken, at the expense of the licence holder, and (if so directed) with the latter’s assistance.

73.Subsection (9) ensures that this section does not affect any provision made by the licence itself for its enforcement (for instance, the licence may itself give the licensing authority powers of direction in certain circumstances).