Energy Act 2013 Explanatory Notes

Section 148: Fees for services provided for energy resilience purposes

633.This section gives the Secretary of State the power to charge fees for services provided in the exercise of energy resilience powers in Great Britain.

634.Subsection (2) of the section defines “energy resilience powers” as powers exercised by the Secretary of State for the purposes of, or in connection with, preventing or minimising disruption to the energy sector. This includes preventing or minimising disruption to the supply of fuel.

635.Subsection (3) of the section provides that the level of the relevant fees may be set either by regulations or, if no such regulations are made, by a direction given by the Secretary of State. The Secretary of State may provide that the fees are of different amounts in different circumstances (subsection (4)).

636.Any regulations setting the level of fees will be subject to the negative resolution procedure (subsection (5)), while if the Secretary of State sets the level of fee by direction, a statement of such fees must be laid before Parliament (subsection (6)).

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