PART 2Secretary of State requiring information from the delivery body

Confidentiality8

1

This regulation applies only to a delivery body which is not the national system operator.

2

Where the delivery body obtains information further to a generator notice (“generation information”), the delivery body must not process that information for any purpose other than to comply with an advice notice except—

a

with the consent of the generator who provided the information; or

b

as required by or under—

i

an order of the court;

ii

an enactment; or

iii

an EU obligation;

c

as required or permitted by or under—

i

a licence condition which applies to the delivery body; or

ii

a condition of an industry document to which the delivery body is a party.

3

The restriction in paragraph (2) does not apply to generation information which is publicly available (other than by breach of this regulation).

4

The restriction in paragraph (2) imposed on the delivery body is to be treated as a relevant requirement on the delivery body as a regulated person for the purposes of section 25 of the Electricity Act 1989.

5

In this regulation—

a

“industry document” means any of the following documents maintained under a licence—

i

the Balancing and Settlement Code;

ii

the Connection and Use of System Code; or

iii

the Grid Code; and

b

“licence” means a licence under section 6 of the Electricity Act 1989.