Energy Act 2023

270 Procedure for giving directions U.K.

(1) Before giving a person a direction under section 269 the Secretary of State must give the person a written notice accompanied by a draft of the proposed direction.

(2) The notice under subsection (1) must—

(a) state that the Secretary of State proposes to give the person a direction in the form of the accompanying draft;

(b) explain why the Secretary of State proposes to give the direction;

(c) state when it is intended that the direction will come into effect;

(d) specify a period within which the person may make written representations with respect to the proposal.

(3) The period specified under subsection (2)(d) must begin with the date on which the notice is given to the person and must be not less than 14 days.

(4) Before giving a direction under section 269, the Secretary of State must consult—

(a) so far as the direction relates to relevant activities or assets in England, Scotland or Wales, the Health and Safety Executive;

(b) so far as the direction relates to relevant activities or assets in England, the Environment Agency;

(c) so far as the direction relates to relevant activities or assets in Scotland, the Scottish Environment Protection Agency;

(d) so far as the direction relates to relevant activities or assets in Wales, the Natural Resources Body for Wales;

(e) so far as the direction relates to relevant activities or assets in Northern Ireland—

(i) the Health and Safety Executive for Northern Ireland, and

(ii) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

(f) any other persons the Secretary of State thinks appropriate.

(5) The Secretary of State must decide whether to give the person the proposed direction (with or without modifications), after considering any representations made by—

(a) the person mentioned in subsection (1), and

(b) any person consulted in accordance with subsection (4).

(6) The Secretary of State must give written notice of that decision to the person mentioned in subsection (1).

(7) If the decision is to give the proposed direction, the notice must—

(a) contain the direction, and

(b) state the time when the direction is to take effect.

(8) Consultation under subsection (4) with the Environment Agency, the Scottish Environment Protection Agency or the Natural Resources Body for Wales must be with reference to that body’s functions under the Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483).

(9) Consultation under subsection (4) with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland must be with reference to the department’s functions under the Control of Major Accident Hazards Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 325).

Commencement Information

I1 S. 270 not in force at Royal Assent, see s. 334(1)

I2 S. 270 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(ii)