C1 Part I Gas Supply
F3Enforcement of obligations of regulated persons
S. 28 cross-heading substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 37(3)
C229 Procedural requirements.
1
Before making a final order or confirming a provisional order, the Director shall give notice—
a
stating that he proposes to make or confirm the order and setting out its effect;
b
stating the relevant condition or requirement, the acts or omissions which, in his opinion, constitute or would constitute contraventions of it and the other facts which, in his opinion, justify the making or confirmation of the order; and
c
specifying the time (not being less than F121 days from the date of publication of the notice) within which representations or objections to the proposed order or confirmation of the order may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
2
A notice under subsection (1) above shall be given—
a
by publishing 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; and
b
by sending a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, to the F4regulated person .
3
The Director shall not make a final order, or confirm a provisional order, with modifications except with the consent of the F4regulated person or after complying with the requirements of subsection (4) below.
4
The said requirements are that the Director shall—
a
give to the F4regulated person such notice as appears to him requisite of his proposal to make or confirm the order with modifications;
b
specify the time (not being less than F221 days from the date of the service of the notice) within which representations or objections to the proposed modifications may be made; and
c
consider any representations or objections which are duly made and not withdrawn.
5
Before revoking a final order or a provisional order which has been confirmed, the Director shall give notice—
a
stating that he proposes to revoke the order and setting out its effect; and
b
specifying the time (not being less than 28 days) from the date of publication of the notice within which representations or objections to the proposed revocation may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
6
A notice under subsection (5) above shall be given—
a
by publishing 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; and
b
by sending a copy of the notice to the F4regulated person .
7
As soon as practicable after a final order is made or a provisional order is made or confirmed, the Director shall—
a
serve a copy of the order on the F4regulated person ; and
b
publish such a copy in such manner as he considers appropriate for the purpose of bringing the order to the attention of persons likely to be affected by it.
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