Electricity Regulation Act 1999

Issue of notice by Commission concerning contraventions, etc.

24

24.—(1) Where the Commission is of the opinion that the holder of a licence or an authorisation F346[has contravened,] may be contravening or may be likely to contravene a condition or requirement, it may issue a notice under subsection (2) to the holder of the licence or authorisation.

(2) The notice referred to in subsection (1) shall—

(a) specify—

(i) the condition or requirement which the Commission considers that the holder of the licence or authorisation F347[has contravened,] may be contravening or may be likely to contravene, or

(ii) the acts or omissions which in the opinion of the Commission F347[constitute,] may constitute or would be likely to constitute contravention of the condition or requirement concerned,

and

(b) specify the period (being not less than 28 days from the date of the issuing of the notice) within which representations or objections may be made.

(3) The Commission shall consider any representations or objections which are made under subsection (2) and not withdrawn.

F348[(4) On consideration of any representations or objections, the Commission may give a direction to the holder of a licence or an authorisation

(a) to take such measures as are necessary to cease the contravention or to prevent a future contravention, and

(b) where there has been a contravention, to undertake such remedial actions as are necessary to rectify the situation and to prevent a re-occurrence of the contravention concerned.]

(5) As soon as practicable after giving a direction in accordance with subsection (4) or section 23(2) the Commission shall give notice of the direction in accordance with subsection (10).

(6) Subject to subsection (7), the Commission may revoke a direction given under this section.

(7) Before revoking a direction the Commission shall give notice in accordance with subsection (10)

(a) stating that it proposes to revoke the direction and setting out the effect of the revocation, and

(b) specifying the period (being not less than 28 days from the publication of the notice) within which representations or objections with respect to the proposed revocation may be made.

(8) The Commission shall consider any representations or objections which are made under subsection (7) and not withdrawn.

(9) If, after giving notice of a revocation made in accordance with subsection (6), the Commission decides not to revoke the direction to which the notice refers, it shall give notice of its decision.

(10) A notice under this section shall be given—

(a) by publishing the notice in a newspaper circulating F349[in the State, and F350[(where the direction or revocation concerned relates to the Single Electricity Market)] in Northern Ireland, and]

(b) by serving a copy of the notice and a copy of the direction or revocation, as the case may be, on the holder of the licence or authorisation to whom the notice, direction or revocation relates.

Annotations

Amendments:

F346

Inserted (28.04.2016) by Energy Act 2017 (12/2016), s. 16(a), S.I. No. 171 of 2017.

F347

Inserted (28.04.2017) by Energy Act 2016 (12/2016), s. 16(b), S.I. No. 171 of 2017

F348

Substituted (28.04.2017) by Energy Act 2016 (12/2016), s. 16(c), S.I. No. 171 of 2017.

F349

Substituted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 16(1)(d), S.I. No. 287 of 2007.

F350

Substituted (28.04.2017) by Energy Act 2016 (12/2016), s. 16(d), S.I. No. 171 of 2017.

Editorial Notes:

E96

Commission may revoke approval for failure to comply with direction under section as provided (25.09.2008) by Electricity Regulation Act 1999 (Section 14(1A)) Order 2008 (S.I. No. 384 of 2008), art. 7 and sch. condition 13(1)(c), in effect as per art. 2

E97

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. 7 and sch. para. 8(b), in effect as per art. 2.