C1Part I Gas Supply
Public gas suppliers: enforcement
28 Orders for securing compliance with certain provisions.
1
Subject to subsections (2) and (5) and section 29 below, where the Director is satisfied that a F1licence holder is contravening, or F2is likely to contravene, any relevant condition or requirement, the Director shall by a final order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.
2
Subject to subsection (5) below, where it appears to the Director—
a
b
that it is requisite that a provisional order be made,
the Director shall (instead of taking steps towards the making of a final order) by a provisional order make such provision as appears to him requisite for the purpose of securing compliance with that condition or requirement.
3
In determining for the purposes of subsection (2)(b) above whether it is requisite that a provisional order be made, the Director shall have regard, in particular—
a
to the extent to which any person is likely to sustain loss or damage in consequence anything which, in contravention of the relevant condition or requirement, is likely to be done, or omitted to be done, before a final order may be made; and
b
to the fact that the effect of the provisions of this section and section 30 below is to exclude the availability of any remedy (apart from under those provisions or for negligence) in respect of any contravention of a relevant condition or requirement.
4
Subject to subsection (5) and section 29 below, the Director shall confirm a provisional order, with or without modifications, if—
a
b
the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.
5
The Director shall not make a final order or make or confirm a provisional order if he is satisfied—
a
that the duties imposed on him by F3section 4 or 4A above preclude the making or, as the case may be, the confirmation of the orderF4(aa) that the F5licence holder has agreed to take and is taking all such steps as it appears to the Director for the time being to be appropriate for the F6licence holder to take for the purpose of securing or facilitating compliance with the condition or requirement in question;; F7. . .
b
that the contraventions were or the apprehended contraventions are of a trivial nature.
F8c
that the most appropriate way of proceeding is under the Competition Act 1998.
6
Where the Director is satisfied as mentioned in subsection (5) above, he shall—
a
give notice that he is so satisfied to the F9licence holder; and
b
publish a copy of the notice in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.
7
A final or provisional order—
a
shall require the F9licence holder (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;
b
shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and
c
may be revoked at any time by the Director.
F107A
Without prejudice to the generality of the power conferred by subsection (1) above, the provision that may be made in a final order includes, in particular, the imposition by the Director on the licence holder to whom the order relates of a requirement to pay to the Director a monetary penalty of such amount as may be appropriate, in all the circumstances of the case, in respect of the contravention in question.
8
In this section and sections 29 and 30 below—
“final order” means an order under this section other than a provisional order;
“provisional order” means an order under this section which, if not previously confirmed under subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order;
“relevant condition”, in relation to a F11licence holder, means any condition of his F11licence holder;
F12“relevant requirement”, in relation to a licence holder, means any requirement imposed on him by or under section 9(1) or (2), 10(2), (3) or (14), 11(2), 12(1) or (6), 18(11), 22A(1) or 27A(5) or (6) above or section 33B, 33BB, 33D or 33E below or any provision of paragraphs 3, 6, 15, 16, 20(5) and 28(2) of Schedule 2B to this Act F13or section 27(4)(b) of the Utilities Act 2000 (order to comply with a direction under section 24 of that Act).
F149
Any sums received by the Director by way of monetary penalty under this section shall be paid into the Consolidated Fund.
Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(b), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(e) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Pt. I applied (1.3.1996) by 1995 c. 45, s. 6(7); S.I. 1996/218, art. 2
Pt. I applied (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 1; S.I. 1996/218, art. 2