Electricity Regulation Act 1999

9JC

F187[Prohibition notice.

9JC. (1) Where the Commission is of the opinion that an activity being or likely to be carried on by or under the control or on behalf of the holder of a LPG safety licence or a natural gas undertaking involves a substantial risk to safety, the Commission may serve a notice (in this section referred to as a prohibition notice) on that holder or natural gas undertaking.

(2) A prohibition notice shall

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

(b) state the reasons for that opinion,

(c) specify the activity, or the infrastructure, in respect of which that opinion is held,

(d) where, in the opinion of the Commission, the matter involves a contravention, or is likely to involve a contravention, of the requirements of this section, specify the provision or provisions concerned and the reasons for that opinion,

(e) prohibit the carrying on of the activity concerned until the matters which give rise or are likely to give rise to the risk are remedied, and

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

(3) A prohibition notice may include directions

(a) as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice, and

(b) to bring the notice to the attention of any person affected by it, or to the attention of the public generally.

(4) A prohibition notice shall take effect

(a) if the notice so declares, immediately the notice is received by the holder of the LPG safety licence or natural gas undertaking or the person on whom it is served,

(b) if no appeal is taken against the notice, 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, or

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by the High Court) on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(5) The bringing of an appeal against a prohibition notice which is to take effect in accordance with subsection (4)(a) does not have the effect of suspending the operation of the notice unless

(a) the appellant applies to the High Court to have the operation of the notice suspended until the appeal is disposed of, and

(b) on such application, if it thinks proper to do so, the Court directs that the operation of the notice be suspended until the appeal is disposed of.

(6) (a) The holder of a LPG safety licence or natural gas undertaking which is aggrieved by a prohibition notice may, within the period of 7 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

(i) 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

(ii) cancel the notice.

(b) Where on the hearing of an appeal under this section a prohibition notice is confirmed, notwithstanding subsection (4), the High Court by which the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the Court considers appropriate.

(7) The Commission may at any time withdraw a prohibition notice.

(8) A person who fails to comply with a prohibition 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:

F187

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.