Electricity Regulation Act 1999

9JB

F186[Improvement notice.

9JB. (1) Where the Commission is of the opinion that

(a) a LPG undertaking or a natural gas undertaking has failed to comply with a direction to submit or implement an appropriate improvement plan under section 9JA, or

(b) a LPG undertaking or a natural gas undertaking or a person under the control of or on behalf of that undertaking

(i) is not operating in accordance with the LPG or natural gas safety regulatory framework under section 9(1G), or

(ii) is contravening or has contravened or is failing to comply with or has failed to comply with any other requirement of this Part,

the Commission may serve a written notice (in this section referred to as an improvement notice) on that LPG undertaking or natural gas undertaking.

(2) An improvement notice shall

(a) state that the Commission is of the opinion referred to in subsection (1),

(b) state the reasons for that opinion,

(c) where applicable, state that the LPG undertaking or natural gas undertaking has failed to submit or implement an improvement plan,

(d) direct the LPG undertaking or natural gas undertaking to remedy the alleged contraventions or the matters occasioning that notice by a date specified in the notice, which shall not be earlier than the period within which an appeal may be brought under subsection (5),

(e) contain details of the consequences, under this section of a failure to comply with the notice,

(f) include information regarding the making of an appeal under subsection (5), and

(g) include any other requirement that the Commission considers appropriate.

(3) An improvement notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or otherwise comply with the notice.

(4) Where the Commission proposes to serve an improvement notice, it shall notify the LPG undertaking or natural gas undertaking concerned in writing of its intention to serve the improvement notice and the LPG undertaking or natural gas undertaking concerned may, within 21 days of such notification, make representations to the Commission, which shall consider them.

(5) Where the Commission decides, having considered any representations made to it under subsection (4), to serve an improvement notice, a LPG undertaking or natural gas undertaking which is aggrieved by such improvement notice may, within the period of 14 days beginning on the day on which the notice is served on it, appeal to the High Court against the notice and in determining the appeal the Court may

(a) if it is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification, or

(b) cancel the notice.

(6) Where an appeal against an improvement notice is taken, the notice shall, unless cancelled by the High Court, take effect on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(7) Where no appeal is taken against an improvement notice, the notice shall take effect on the expiration of the period during which such an appeal may be taken or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(8) The Commission may withdraw an improvement notice at any time before the date specified in it under subsection (2)(d) and the Commission may extend or further extend that date at any time when an appeal against the notice is not pending.

(9) A person who fails to comply with an improvement notice commits an offence and is liable

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding 25,000.]

Annotations

Amendments:

F186

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 18(1), S.I. No. 20 of 2013. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 3(1), S.I. No. 662 of 2010.