Electricity Regulation Act 1999

Directions by Commission to protect public health, etc.

23

23.—(1) In this section and in sections 24, 25 and 26 “condition or requirement” means any term or condition of a licence or an authorisation or any requirement imposed by or under this Act.

(2) Where the Commission is satisfied that all or any of the circumstances set out in subsection (3) have arisen or are likely to arise it may direct the holder of the licence or authorisation concerned or the Board in respect of the transmission and distribution system to discontinue or to refrain from specified practices.

(3) The circumstances referred to in subsection (2) are—

(a) where the Commission is of the opinion that immediate action is necessary to protect—

(i) public health or safety or the environment,

(ii) the continuity of supplies of electricity,

(iii) the interests of other holders of licences or authorisations;

(b) where the Commission is of the opinion that the holder of a licence or an authorisation is contravening or is likely to contravene a condition or a requirement and immediate action is necessary to cease or prevent such contravention; or

(c) where the Commission is of the opinion that immediate action is necessary to prevent dissipation of the assets of the holder of a licence or an authorisation.

(4) Nothing in this section shall authorise the Commission to give directions relating to industrial disputes.

Annotations

Editorial Notes:

E95

Commission may revoke authorisation for failure to comply with direction under section as provided (25.09.2008) by Electricity Regulation Act 1999 (Section 16(3A)) Order 2008 (S.I. No. 383 of 2008), art. 8(b), in effect as per art. 2.