Electricity Regulation Act 1999

65

F454[Matters to be considered in determining sanction to be imposed

65. The Commission or the High Court, as appropriate, in considering

(a) the minor sanction or major sanction to be imposed on a specified body pursuant to section 60(2)(a), or

(b) the minor sanction or major sanction (if any) to be imposed on a specified body pursuant to a decision confirmed or given under section 62(3) or 63(2), as the case may be,

shall take into account the circumstances of the improper conduct concerned (including the factors occasioning it) and, without prejudice to the generality of the foregoing, may have regard to

(i) the need to ensure that any sanction imposed

(I) is appropriate and proportionate to the improper conduct, and

(II) if applicable, will act as a sufficient incentive to ensure that any like improper conduct will not occur in the future,

(ii) the seriousness of the improper conduct,

(iii) the turnover of the specified body in the financial year of the body ending in the year immediately before the financial year in which the improper conduct last occurred,

(iv) the extent of any failure by the specified body to co-operate with the investigation concerned of the specified body,

(v) any excuse or explanation by the specified body for the improper conduct or failure to co-operate with the investigation concerned,

(vi) any gain (financial or otherwise) made by the specified body or by any person in which the specified body has a financial interest as a consequence of the improper conduct,

(vii) the amount of any loss suffered or costs incurred as a result of the improper conduct,

(viii) the duration of the improper conduct,

(ix) the repeated occurrence of improper conduct by the specified body,

(x) if applicable, the continuation of the improper conduct after the specified body was notified of the investigation concerned,

(xi) if applicable, the absence, ineffectiveness or repeated failure of internal mechanisms or procedures of the specified body intended to prevent improper conduct from occurring,

(xii) if applicable, the extent and timeliness of any steps taken to end the improper conduct and any steps taken for remedying the consequences of the improper conduct,

(xiii) whether a sanction in respect of like improper conduct has already been imposed on the specified body by a court, the Commission or another person, and

(xiv) any precedents set by a court, the Commission or another person in respect of previous improper conduct.]

Annotations

Amendments:

F454

Inserted (28.04.2016) by Energy Act 2016 (12/2016), s. 5, S.I. No. 171 of 2017.