Directions about use of assets
2
1
The Secretary of State may give a notice under this section to a steel undertaking if—
a
it appears to the Secretary of State that specified assets used by the undertaking in England have ceased to be used, or are at risk of ceasing to be used, by the undertaking (whether on a permanent or temporary basis), and
b
the Secretary of State considers that it is in the public interest that the use of the specified assets should resume or (as the case may be) continue.
2
Where a notice is given to a steel undertaking under this section—
a
the undertaking, and
b
relevant persons in relation to the undertaking,
must comply with any directions given by the Secretary of State.
3
Directions under this section may only be given for the purpose of securing the continued and safe use of the specified assets.
4
The directions may (in particular) require—
a
the specified assets to be used (or not to be used) in a specified way;
b
the steel undertaking to take (or not to take) specified steps to secure the continued and safe use of the specified assets.
5
The steps that may be required to be taken under subsection (4)(b) include (for example)—
a
entering into agreements, including contracts of employment;
b
appointing officers of the steel undertaking;
c
exercising a function of management in a particular way;
d
refraining from the taking of proceedings in relation to the steel undertaking under the Insolvency Act 1986 or otherwise;
e
the making of payments to specified persons;
f
the provision of information to the Secretary of State.
6
A requirement to provide information as mentioned in subsection (5)(f) does not authorise or require a disclosure of information in contravention of the data protection legislation within the meaning of the Data Protection Act 2018 (but, in determining whether a disclosure would do so, the power to impose requirements by virtue of this section is to be taken into account).
7
A notice or direction under this section—
a
must be given in writing;
b
may be varied or revoked by the giving of a further such notice or direction.
8
In this Act, “relevant person”, in relation to an undertaking, means—
a
where the undertaking is a body corporate other than one whose affairs are managed by its members, a director, shadow director, manager, secretary or other similar officer of the body;
b
where the undertaking is a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;
c
where the undertaking is a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);
d
where the undertaking is any other partnership, a partner;
e
where the undertaking is any other kind of body, a person who exercises functions of management with respect to it.