Electricity Act 1989

Changes to legislation:

Electricity Act 1989, Section 25 is up to date with all changes known to be in force on or before 22 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.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Section 25:

s. 25(8) words omitted by S.I. 2019/530 reg. 54 (This amendment not applied to legislation.gov.uk. Reg. 54 substituted (15.9.2020) by S.I. 2020/1016, regs. 1(2), 3(22))

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 4(1)(da) inserted by 2023 c. 52 s. 205(2)(b)
s. 4(3CA) inserted by 2023 c. 52 s. 205(3)
s. 4(3EA) inserted by 2023 c. 52 s. 205(5)
s. 6(1)(ea) inserted by 2023 c. 52 s. 205(8)(b)
s. 6(2AA) inserted by 2023 c. 52 s. 205(9)
s. 6(6E) inserted by 2023 c. 52 s. 205(10)
s. 8A(1C) inserted by 2023 c. 52 s. 206(6)
s. 10NA inserted by 2023 c. 52 s. 207(2)
s. 11E(2)(d) and word inserted by 2013 c. 32 s. 138(5)(b)(iii)
s. 15(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 3(2)(b) (as substituted) by S.I. 2019/1245 reg. 19 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
s. 43(8) inserted by 2024 c. 13 Sch. 29 para. 9
s. 44A inserted by 1992 c. 43 s. 23
s. 44A(6)(b)(i) words substituted by 2013 c. 22 Sch. 9 para. 52
s. 44B(1)(a)(iiia) inserted by 2023 c. 52 Sch. 17 para. 8
s. 56C(6)(d) and word inserted by 2013 c. 32 s. 138(5)(d)(ii)
s. 56CB(7) inserted by 2024 c. 13 Sch. 30 para. 10(5)

25 Orders for securing compliance.E+W+S

(1)Subject to subsections (2)[F1, [F2(4A) to] (5A)] and section 26 below, where [F3the Authority] is satisfied that a [F4regulated person] is contravening, or is likely to contravene, any relevant condition or requirement, [F5it] shall by a final order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.

(2)Subject to [F6subsections [F2(4A) to] (5A)] below, where it appears to [F3the Authority]—

(a)that a [F4regulated person] is contravening, or is likely to contravene, any relevant condition or requirement; and

(b)that it is requisite that a provisional order be made,

[F5it] shall (instead of taking steps towards the making of a final order) by a provisional order make such provision as appears to him requisite for the purpose of securing compliance with that condition or requirement.

(3)In determining for the purposes of subsection (2)(b) above whether it is requisite that a provisional order be made, [F3the Authority] shall have regard, in particular—

(a)to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the relevant condition or requirement, is likely to be done, or omitted to be done, before a final order may be made; and

(b)to the fact that the effect of the provisions of this section and section 27 below is to exclude the availability of any remedy (apart from under those provisions or for negligence) in respect of any contravention of a relevant condition or requirement.

[F7(8A)In paragraph (da) of the definition of “regulated person” in subsection (8), the reference to a responsible body for a central system is a reference to a person for the time being specified in a notice under section 184 (1) of the Energy Act 2023 in relation to a designated central system (within the meaning of Part 6 of that Act).]

(4)Subject to [F6subsections [F8(4A) to] (5A)] and section 26 below, [F3the Authority] shall confirm a provisional order, with or without modifications, if—

(a)[F5it] is satisfied that the [F4regulated person] to whom the order relates is contravening, or is likely to contravene, any relevant condition or requirement; and

(b)the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.

[F9(4A)Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(4B)The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.]

(5)[F3the Authority] shall not make a final order or make or confirm a provisional order in relation to a [F4regulated person] if [F5it] is satisfied—

(a)that the duties imposed on him by section [F103A to 3C] preclude the making or, as the case may be, the confirmation of the order;

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(5A)The Authority is not required to make a final order or make or confirm a provisional order if it is satisfied—

(a)that the [F4regulated person] has agreed to take and is taking all such steps as it appears to the Authority for the time being to be appropriate for the [F4regulated person] to take for the purpose of securing or facilitating compliance with the condition or requirement in question; or

(b)that the contraventions were or the apprehended contraventions are of a trivial nature.]

(6)Where [F3the Authority] [F14decides that it would be more appropriate to proceed under the Competition Act 1998 or ] is satisfied as mentioned in [F6subsections (5) [F15or] (5A)] above, [F5it] shall—

(a)serve notice that [F5it] [F16has so decided or] is so satisfied on the [F4regulated person]; and

(b)publish the notice in such manner as [F5it] considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

(7)A final or provisional order—

(a)shall require the [F4regulated person] to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;

(b)shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and

(c)may be revoked at any time by [F3the Authority].

(8)In this Part—

“final order” means an order under this section other than a provisional order;
“provisional order” means an order under this section which, if not previously confirmed in accordance with subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order;
[F17“regulated person” means a person who is one or more of the following—
(a)
a licence holder;
(b)
a distribution exemption holder;
(c)
a supply exemption holder;
(d)
an electricity undertaking which is a relevant producer or supplier;]
(da)
[F18a responsible body for a central system;]
(f)
F19...
“relevant condition”, in relation to a [F4regulated person], means any condition of [F20any licence held by that person];
“relevant requirement”, in relation to a [F4regulated person],
(a)
[F21means any duty or other requirement imposed on [F22that person under a provision specified in Schedule 6A as a relevant provision in respect of that person]] F23...
(b)
F23...

[F24(9)In paragraph (a) of the definition of “relevant requirement” in subsection (8), the reference to a provision specified in Schedule 6A is to be treated as including a provision of the predecessor of the Electricity Regulation that was specified in that Schedule immediately before the coming into force of the Electricity and Gas (Internal Markets) Regulations 2020.]

Textual Amendments

F1Words in s. 25(1) substituted (1.10.2001) by 2000 c. 27, s. 60(2)(7); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F2Words in s. 25(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 5(2); S.I. 2014/416, art. 2(1)(e) (with Sch.)

F3Words substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s 3(2); S.I. 2000/3343, art. 2, Sch.

F4Words in s. 25 substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 39(3)(a)

F5Word substituted (20.12.2000) by virtue of Utilities Act 2000 (c. 27), s 3(2); S.I. 2000/3343, art. 2, Sch.

F6Words in s. 25(2)(4)(6) substituted (1.10.2001) by 2000 c. 27, s. 60(3)(7); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F7S. 25(8A) inserted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 7(3); S.I. 2024/890, reg. 2(b)(x)

F8Words in s. 25(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 5(2); S.I. 2014/416, art. 2(1)(e) (with Sch.)

F9S. 25(4A)(4B) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 5(3); S.I. 2014/416, art. 2(1)(e) (with Sch.)

F10Words in s. 25(5)(a) substituted (20.12.2000) by 2000 c. 27, ss. 108, 110(2), Sch. 6 Pt. II para. 27; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) (as amended by S.I. 2001/1780, art. 2)