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The Energy (Northern Ireland) Order 2003
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The Energy (Northern Ireland) Order 2003, Section 46 is up to date with all changes known to be in force on or before 27 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 para. 5(7) inserted by 2024 c. 13 Sch. 30 para. 36(5)
- art. 12(5AA) inserted by S.I. 2019/530 reg. 135(4) (This amendment not applied to legislation.gov.uk. Reg. 135 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(49))
- art. 63(6)(y) inserted by 2024 c. 13 Sch. 30 para. 35(b)
Statement of policy with respect to penaltiesN.I.
This section has no associated Explanatory Memorandum
46.—(1) The Authority shall prepare and publish a statement of policy with respect to the imposition of penalties and the determination of their amount.
(2) In deciding whether to impose a penalty, and in determining the amount of any penalty, in respect of a contravention or failure the Authority shall have regard to its statement of policy most recently published at the time when the contravention or failure occurred.
(3) The Authority may revise its statement of policy and where it does so shall publish the revised statement.
(4) Publication under this Article shall be in such manner as the Authority considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them.
(5) The Authority shall undertake such consultation as it considers appropriate when preparing or revising its statement of policy.
Modifications etc. (not altering text)
C1Art. 46 applied (with modifications) (3.7.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(1), 56(2) (with transitional provisions in Pt. IV)
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