PART 2

Electricity Market Reform
CHAPTER 5

Conflict of interest and contingency arrangements

Energy administration orders
48
1
The Energy Act 2004 is amended as follows.
2
In section 154 (energy administration orders), in subsection (3) for “section 155” substitute “—
a
section 155(1), and
b
section 155(9) (if and to the extent that section 155(9) applies in relation to the company).”
3
In section 155 (objective of an energy administration), after subsection (7) insert—
8
Subsection (9) applies if the company in relation to which an energy administration order is made has functions conferred by or by virtue of—
a
Chapter 2, 3 or 4 of Part 2 of the Energy Act 2013, or
b
an order made under section 46 of that Act (power of Secretary of State to transfer certain functions).
9
The objective of an energy administration (in addition to the objective mentioned in subsection (1)) is to secure—
a
that those functions are and continue to be carried out in an efficient and effective manner; and
b
that it becomes unnecessary, by one or both of the means mentioned in subsection (2), for the energy administration order to remain in force for that purpose.
10
The duty under section 154(3), so far as it relates to the objective mentioned in subsection (9)—
a
applies only to the extent that securing that objective is not inconsistent with securing the objective mentioned in subsection (1);
b
ceases to apply in respect of any function of a company if an order is made under section 46 of the Energy Act 2013 as a result of which the function is transferred from that company to another person.