The Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations (Northern Ireland) 2013

Obligation to record and retain records

Obligation to record and retain records

8.—(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.