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The Energy (Northern Ireland) Order 2003
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The Energy (Northern Ireland) Order 2003, Section 18 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)
Provision of advice and information to public authorities and other personsN.I.
This section has no associated Explanatory Memorandum
18.—(1) The Council may—
(a)make proposals, or provide advice and information, about consumer matters; and
(b)represent the views of consumers on such matters,
to public authorities, persons authorised by a licence or exemption under the Electricity Order or the Gas Order and other persons whose activities may affect the interests of consumers.
(2) Subject to paragraph (5), information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be disclosed in the exercise of the Council's power under this Article unless one or more of sub-paragraphs (a) to (c) of paragraph (3) applies to the information.
(3) Information relating to a particular individual or body may be disclosed if—
(a)the individual or body has consented to the disclosure;
(b)it is information that is available to the public from some other source; or
(c)it is not information the disclosure of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of the individual or body.
(4) Before deciding to disclose any information relating to a particular individual or body in pursuance of paragraph (3)(c), the Council shall—
(a)consult that individual or body; and
(b)have regard to any opinion expressed by the Authority as to the application of paragraph (3)(c) to the information or as to the desirability or otherwise of its disclosure;
and sub-paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information.
(5) Paragraphs (2) to (4) do not apply to a disclosure of information which is made to the Authority, the Department, the [F1CMA] or any other public authority.
F1Word in art. 18(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 239 (with art. 3)
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