PART 3Information and Investigations

Obligation to record and retain records

Obligation to record and retain records8

1

This regulation applies to any person (“RP”) who is a regulated person except a person—

a

who is an individual; and

b

who is acting in the course of employment by another regulated person.

2

In this regulation, “relevant communication” means any telephone conversation or electronic communication made for the direct or indirect purpose of entering into any transaction in wholesale energy products, where—

a

electronic communication” includes any communication made by way of fax, email or instant messaging device; and

b

wholesale energy products” has the same meaning as in REMIT.

3

RP must take reasonable steps to ensure—

a

that any relevant communication is recorded; and

b

that a copy of any relevant communication is retained in accordance with paragraph (4).

4

A copy of any relevant communication is to be retained—

a

for a period of at least six months from the date the record was created; and

b

in a medium that allows the storage of information in a way that is accessible for future reference by the Authority when the Authority is exercising the powers conferred on it by regulation 9, 11, 14 or 16.

5

In paragraph (4), the obligation to ensure that storage is accessible for future reference by the Authority includes that—

a

the Authority must be able to access the record readily;

b

the Authority must be able to easily ascertain—

i

if any correction or other amendment has been made to a record, and

ii

the content of any record prior to such correction or amendment; and

c

it must not be possible for any record to be otherwise manipulated or altered.

6

RP must take reasonable steps to prevent the making, sending or receiving of any relevant communication (including on privately-owned equipment)—

a

that they cannot ensure is recorded, or

b

if they cannot ensure that a copy is retained in accordance with paragraph (4).

7

The Authority may, by notice in writing, require RP to ensure that any specified relevant communication is retained beyond the period required by paragraph (4)(a) and until a specified date.

8

If the Authority no longer requires RP to ensure that any specified relevant communication is retained in accordance with paragraph (7) it must notify RP in writing.

9

In paragraphs (7) and (8), “specified” means specified in the notice.