Energy Act 2013

Power of court to order cause of offence to be remedied

13 (1) This paragraph applies where—

(a) a person (“P”) is convicted of an offence, and

(b) it appears to the court that the matters in respect of which P is convicted are matters that are within P’s power to remedy.

(2) The court may (in addition to, or instead of, imposing any punishment) order P to take such steps as the order may specify for the purpose of remedying those matters.

(3) The steps are to be taken within such time as may be fixed by the order (“the remedial period”).

(4) The court may extend or further extend the remedial period on an application.

(5) An application under sub-paragraph (4) must be made—

(a) before the end of the remedial period, or

(b) before the end of that period as extended on a previous application.

(6) Where P is ordered to remedy any matters by an order under this paragraph—

(a) it is an offence for P to fail to comply with the order, but

(b) P is not liable under any relevant provision in respect of those matters to the extent that they continue during—

(i) the remedial period, or

(ii) any extension of that period granted under sub-paragraph (4).

(7) A person who commits an offence under this paragraph is liable—

(a) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),

(ii) to a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland), or

(iii) to both;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years,

(ii) to a fine, or

(iii) to both.

(8) In the application of sub-paragraph (7) to England and Wales in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s powers to imprison), the reference in sub-paragraph (7)(a)(i) to 12 months is to be read as a reference to 6 months.