Electricity Act 1989

the need to secure that all reasonable demands for electricity are met; and

the need to secure that licence holders are able to finance the activities which are the subject of obligations imposed by or under this PartF8, the Utilities Act 2000F9, Part 2 or 3 of the Energy Act 2004 or Part 2 or 5 of the Energy Act 2008F10; and

the need to contribute to the achievement of sustainable development.

individuals who are disabled or chronically sick;

individuals of pensionable age;

individuals with low incomes; and

individuals residing in rural areas;

the interests of consumers in relation to gas conveyed through pipes (within the meaning of the M1Gas Act 1986); and

to promote efficiency and economy on the part of persons authorised by licences or exemptions to F12distribute, supply or participate in the transmission of electricity F13or to participate in the operation of electricity interconnectors and the efficient use of electricity conveyed by distribution systems F14or transmission systems;

to protect the public from dangers arising from the generation, transmission, distribution or supply of electricity;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to secure a diverse and viable long-term energy supply,

the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed; and

any other principles appearing to him or, as the case may be, it to represent the best regulatory practice.

the Authority;

the Council;

licence holders; and

such other persons as the Secretary of State considers it appropriate to consult in relation to the guidance.

the day on which the draft is laid before each House of Parliament; or

if the draft is laid before the House of Lords on one day and the House of Commons on another, the later of those two days.

Parliament is dissolved or prorogued; or

both Houses are adjourned for more than four days.

members of the public; or

persons employed in connection with any of those activities.

in the exercise of functions relating to the determination of disputes;

in the exercise of functions under section 43(3).

generates electricity for the purpose of giving a supply to any premises or enabling a supply to be so given;

participates in the transmission of electricity for that purpose;

distributes electricity for that purpose;

supplies electricity to any premises, F29or

participates in the operation of an electricity interconnector,

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine.

co-ordinates, and directs, the flow of electricity onto and over a transmission system by means of which the transmission of electricity takes place, or

makes available for use for the purposes of such a transmission system anything which forms part of it.

co-ordinating and directing the flow of electricity into or through an electricity interconnector; or

making such an interconnector available for use for the conveyance of electricity;

is situated at a place within the jurisdiction of Great Britain; and

subsists wholly or primarily for the purposes of the conveyance of electricity (whether in both directions or in only one) between Great Britain and a place within the jurisdiction of another country or territory.

a place is within the jurisdiction of Great Britain if it is in Great Britain, in the territorial sea adjacent to Great Britain or in an area designated under section 1(7) of the Continental Shelf Act 1964; and

a place is within the jurisdiction of another country or territory if it is in that country or territory or in waters in relation to which authorities of that country or territory exercise jurisdiction.

either to a person or to persons of a class;

either generally or to such extent as may be specified in the order; and

either unconditionally or subject to such conditions as may be so specified.

stating that he proposes to make such an order and setting out the terms of the proposed order;

stating the reasons why he proposes to make the order in the terms proposed; and

specifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposals may be made,

by serving a copy of it on the Authority and the Council; and

by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of those likely to be affected by the proposed order.

by serving a copy of the exemption on him; and

by publishing the exemption in such manner as the Secretary of State considers appropriate for bringing it to the attention of other persons who may be affected by it.

persons of that class; and

other persons who may be affected by it.

indefinitely; or

for a period specified in, or determined by or under, the exemption.

to comply with any direction given by the Secretary of State or the Authority as to such matters as are specified in the exemption or are of a description so specified;

except in so far as the Secretary of State or the Authority consents to his doing or not doing them, not to do or to do such things as are specified in the exemption or are of a description so specified; and

to refer for determination by the Secretary of State or the Authority such questions arising under the exemption as are specified in the exemption or are of a description so specified.

at the person’s request;

in accordance with any provision of the order by which the exemption was granted; or

if it appears to the Secretary of State inappropriate that the exemption should continue to have effect.

in accordance with any provision of the order by which the exemption was granted; or

if it appears to the Secretary of State inappropriate that the exemption should continue to have effect.

at the person’s request;

in accordance with any provision of the order by which the exemption was granted; or

if it appears to the Secretary of State inappropriate that the exemption should continue to have effect in the case of the person.

making an order under subsection (8)(b) or (c) or (9); or

giving a direction under subsection (10)(b) or (c),

where the Secretary of State is proposing to make an order under subsection (8)(b) or (c), by serving a copy of it on the person to whom the exemption was granted;

where he is proposing to make an order under subsection (9), by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons of the class of persons to whom the exemption was granted; and

where he is proposing to give a direction under subsection (10)(b) or (c), by serving a copy of it on the person from whom he proposes to withdraw the exemption.

a licence authorising a person to generate electricity for the purpose of giving a supply to any premises or enabling a supply to be so given (“a generation licence”);

a licence authorising a person to participate in the transmission of electricity for that purpose (“a transmission licence”);

a licence authorising a person to distribute electricity for that purpose (“a distribution licence”); F42...

a licence authorising a person to supply electricity to premises (“a supply licence”) F43or

a licence authorising a person to participate in the operation of an electricity interconnector (“an interconnector licence”).

to any premises;

only to premises specified in the licence, or to premises of a description so specified; or

only to any premises situated in a specified area, or to premises of a specified description which are so situated.

must specify the interconnector or interconnectors in relation to which participation is authorised; and

may limit the forms of participation in the operation of an interconnector which are authorised by the licence.

for a licence; or

for the modification of a licence under section 6(4), (6) or (6B).

stating that it proposes to refuse the application;

stating the reasons why it proposes to refuse the application; and

specifying the time within which representations with respect to the proposed refusal may be made,

stating that it proposes to grant the licence;

stating the reasons why it proposes to grant the licence; and

specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed licence may be made,

the applicant;

the Secretary of State; and

any person who holds a transmission licence and whose F55interests may be affected by the grant of the licence to which the application relates.

provision, in prescribed cases, for the publication of a proposal to grant an offshore transmission licence;

provision for the inclusion in such a proposal of an invitation to apply for such a licence;

provision restricting the making of applications for offshore transmission licences and imposing requirements as to the period within which they must be made;

provision for regulating the manner in which applications are considered and determined.

may make provision by reference to a determination by the Authority or to the opinion of the Authority as to any matter; and

may dispense with or supplement provision made in relation to applications for transmission licences by or under section 6A or 6B above.

waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and

waters within an area designated under section 1(7) of the Continental Shelf Act 1964.

provision requiring a person within subsection (2), in relation to a tender exercise, to make payments to the Authority, in prescribed circumstances, in respect of the Authority's tender costs in relation to the exercise;

provision requiring the owner of a regulated asset, in a case where a transitional tender exercise has been held, to make a payment of a prescribed amount to the Authority in respect of any costs incurred by the Authority in connection with any assessment of the costs which have been, or ought to have been, incurred in connection with that asset;

provision about the times at which payments are to be made under regulations made by virtue of paragraph (a) or (c) or deposits or other forms of security are to be provided under regulations made by virtue of paragraph (b);

provision about the effect on a person's participation in the tender exercise of a failure to comply with a requirement imposed by virtue of this subsection, and the circumstances in which the tender exercise is to stop as a result of such a failure.

the person who made the connection request for the purposes of which the tender exercise has been, is being or is to be, held;

any person who submits an application for the offshore transmission licence to which the tender exercise relates.

makes an application to the holder of a co-ordination licence (in accordance with any provision made by the licence) for an offer of connection to and use of a transmission system, or

P would have made the connection request, but for the fact that another person had already made an application within subsection (3)(a) or (b), and

the benefit of that application, or any agreement resulting from it, is vested in P.

any fees under section 6A(2) in respect of applications for the offshore transmission licence to which the tender exercise relates,

any payments made in accordance with regulations made by virtue of subsection (1)(a) and not repaid, and

the value of any security forfeited in accordance with regulations made by virtue of subsection (1)(e)(iii),

restrict the making of applications for offshore transmission licences, or

operate so as to prevent an application from being considered or further considered, if the applicant does not meet one or more prescribed requirements,

such conditions (whether or not relating to the activities authorised by the licence) as appear to the F58Authority to be requisite or expedient having regard to the duties imposed by F59section 3 above; and

conditions requiring the rendering to the F58Authority of a payment on the grant of the licence, or payments during the currency of the licence, or both, of such amount or amounts as may be determined by or under the licence.

may require the licence holder to enter into agreements with other persons for the use of any electric lines and electrical plant of his (wherever situated and whether or not used for the purpose of carrying on the activities authorised by the licence) for such purposes as may be specified in the conditions; and

may include provision for determining the terms on which such agreements are to be entered into.

require the licence holder not to carry on an activity which he would otherwise be authorised by the licence to carry on, or

restrict where he may carry on an activity which he is authorised by the licence to carry on.

to comply with any direction given by the F63Authority or Secretary of State as to such matters as are specified in the licence or are of a description so specified;

except in so far as the F63Authority or Secretary of State consents to his doing or not doing them, not to do or to do such things as are specified in the licence or are of a description so specified;

to refer for determination by the F63Authority or Secretary of State such questions arising under the licenceF64, or under any document referred to in the licence, as are specified in the licence or are of a description so specified; and

to refer for approval by the F63Authority or Secretary of State such things falling to be done under the licence, and such contracts or agreements made before the grant of the licence, as are specified in the licence or are of a description so specified.

so to increase his charges for the transmission or distribution of electricity as to raise such amounts as may be determined by or under the conditions; and

to pay the amounts so raised to such licence holders as may be so determined.

instead of specifying or describing any contracts or agreements to which they apply, refer to contracts or agreements designated (whether before or after the imposition of the conditions) by the Secretary of State or the Director; and

instead of containing any provisions which fall to be made, refer to provisions set out in documents so designated and direct that those provisions shall have such effect as may be specified in the conditions.

to have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions; or

to be modified in such manner as may be specified in the conditions at such times and in such circumstances as may be so determined.

is capable of being transferred by the licence holder, with the consent of the Authority, in accordance with this section but subject to any term as to transfer contained in the licence;

may include conditions which must be complied with before the licence can be transferred.

in the case of a general transfer, to grant a corresponding licence to the transferee; or

stating that it proposes to grant consent to the transfer;

stating the reasons why it proposes to give consent; and

specifying the time from the date of publication of the notice (not being less than two months) within which representations or objections with respect to the transfer may be made,

if the licence is not capable of transfer or the Authority has not given its consent;

if the purported transfer is in breach of a condition of the licence; or

if there has, before the purported transfer, been a contravention of a condition subject to compliance with which the Authority’s consent is given.

a transmission licence; or

a distribution licence,

to charge prices; or

to offer conditions of contract,

a specified area is an area of Scotland specified in such an order; and

deemed for the purposes of the M3Companies Act 1985 to be a subsidiary of the licence holder; or

a related company of the licence holder (as defined in paragraph 92 of Schedule 4 to that Act).

stating that it proposes to make the modifications and setting out their effect;

stating the reasons why it proposes to make the modifications; and

specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and

by sending a copy of the notice to the Secretary of State and the Council.

the licence holder would not be unduly disadvantaged in competing with other holders of licences of that type; and

no other holder of a licence of the same type would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence being modified).

to develop and maintain an efficient, co-ordinated and economical system of electricity distribution;

to facilitate competition in the supply and generation of electricity.

to develop and maintain an efficient, co-ordinated and economical system of electricity transmission; and

F77. . ., to facilitate competition in the supply and generation of electricity.

in relation to F80... F81the holder of a transmission licence; and

to the extent that his licence so provides, in relation to F82an electricity distributor or any other licence holder;

any reference to any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on included a reference to any purpose connected with the supply to any premises of heat produced in association with electricity and steam produced from and air and water heated by such heat; and

any reference to electric lines or electrical plant included a reference to pipes and associated works used or intended to be used for conveying heat so produced, and steam produced from and air and water heated by such heat;

are requisite to meet the circumstances of the particular case; and

stating that he proposes to make the modifications and setting out their effect;

stating the reasons why he proposes to make the modifications; and

specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

by publishing the notice in such manner as the Director considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and

by serving a copy of the notice on the holder of the licence.

stating that it proposes to make the modifications and setting out their effect;

stating the reasons why it proposes to make the modifications; and

specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made;

by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and

by sending a copy of the notice to each relevant licence holder, to the Secretary of State and to the Council.

no notice of objection to those modifications is given to the Authority within the time specified in the notice under subsection (3) by any relevant licence holder;

subsection (8) applies to the case.

the effect of the standard conditions is such as to impose a burden affecting relevant licence holders in the carrying on of activities to which the modifications relate;

the modifications would remove or reduce the burden without removing any necessary protection; and

the modifications are such that no holder of a licence of the type in question would be unduly disadvantaged in competing with other holders of such licences.

the Authority shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time; and

the Authority shall publish the modifications in such manner as it considers appropriate.

whether any matters which relate to the carrying on of activities authorised or regulated by a particular licence and which are specified in the reference operate, or may be expected to operate, against the public interest; and

if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the conditions of the licence.

whether any matters which relate to the carrying on of activities authorised or regulated by licences of any type mentioned in section 6(1), and which are specified in the reference operate, or may be expected to operate, against the public interest; and

if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the standard conditions of licences of that type.

any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and

any modifications of the F93relevant conditions by which, in his opinion, those effects could be remedied or prevented.

shall serve a copy of the reference or variation on the holder of the licence F94or, as the case may be, the relevant licence holders and the Council; and

shall publish particulars of the reference or variation in such manner as he considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

any other assistance which the Commission may require, and which it is within his power to give, in relation to any such matters;

publish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

send a copy of what has been published by it under paragraph (a) above to the holder of the licence or, as the case may be, the relevant licence holders.

section 109 (attendance of witnesses and production of documents etc.);

section 110 (enforcement of powers under section 109: general);

section 111 (penalties);

section 112 (penalties: main procedural requirements);

section 113 (payments and interest by instalments);

section 114 (appeals in relation to penalties);

section 115 (recovery of penalties); and

section 116 (statement of policy).

subsection (2) were omitted; and

in subsection (9) the words from “or section” to “section 65(3))” were omitted.

for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “made”;

for the words “published (or given)”, in both places where they appear, there were substituted “made”; and

the words “by this Part” were omitted.

shall include in the report definite conclusions on the questions comprised in the reference together with such an account of their reasons for those conclusions as in their opinion is expedient for facilitating a proper understanding of those questions and of their conclusions;

where they conclude that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have; and

where they conclude that any adverse effects so specified could be remedied or prevented by modifications of the F104relevant conditions, shall specify in the report modifications by which those effects could be remedied or prevented.

commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests.

shall, on receiving F108a report on a reference under section 12(1), send a copy of it to the licence holder and to the Secretary of State; and

shall, not less than 14 days after that copy is received by the Secretary of State, F109send another copy to the Council and publish that other copy in such manner as he considers appropriate for bringing the report to the attention of persons likely to be affected by it.

on receiving a report on a reference under section 12(1A), send a copy of it to the Secretary of State; and

includes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest;

specifies effects adverse to the public interest which those matters have or may be expected to have;

includes conclusions to the effect that those effects could be remedied or prevented by modifications of F113the relevant conditions; and

specifies modifications by which those effects could be remedied or prevented,

stating that he proposes to make the modifications and setting out their effect;

stating the reasons why he proposes to make the modifications; and

specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

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 the making of the modifications; and

by serving a copy of the notice on the holder of the licence F115or, as the case may be, the relevant licence holders.

setting out the modifications it proposes to make to remedy or prevent the adverse effects specified in the report; and

stating the reasons for making the modifications.

make the modifications set out in the notice; or

if a direction under section 14A(1)(b) has been given, make the modifications which are not specified in the direction.

shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time; and

shall publish the modifications made for those purposes in such manner as it considers appropriate.

not to make the modifications set out in that notice; or

not to make such of the modifications as may be specified in the direction;

shall give notice setting out the modifications proposed by the Authority, the terms of the direction and the reasons for giving it; and

stating that it proposes to make the modifications and setting them out;

stating the reason why it proposes to make them;

specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

by publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the making of the modifications; and

by serving a copy on the Authority and the holder of the licence in question or, as the case may be, the relevant licence holders.

shall make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time; and

shall publish the modifications made for those purposes in such manner as it considers appropriate.

commercial information whose disclosure the Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

information relating to the private affairs of an individual whose disclosure the Commission thinks might significantly harm the individual’s interests.

section 109 (attendance of witnesses and production of documents etc.);

section 110 (enforcement of powers under section 109: general);

section 111 (penalties);

section 112 (penalties: main procedural requirements);

section 113 (payments and interest by instalments);

section 114 (appeals in relation to penalties);

section 115 (recovery of penalties); and

section 116 (statement of policy).

subsection (2) were omitted;

in subsection (4), for the words “the publication of the report of the Commission on the reference concerned” there were substituted “the publication by the Commission of a notice under section 14A(8) of the Electricity Act 1989 in connection with the reference concerned or, if no direction has been given by the Commission under section 14A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period;“ and

in subsection (9) the words from “or section” to “section 65(3))” were omitted.

an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the generation, transmission, distribution or supply of electricity.

shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time; and

may, after consultation with the Authority, make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any conditions of any licence of that type granted before that time.

the conditions of a particular licence; or

the standard conditions of licences of any type mentioned in section 6(1),

to make modifications relating to the operation of transmission systems and distribution systems; and

to make incidental or consequential, or transitional, modifications.

to make a connection between a distribution system of his and any distribution system of another authorised distributor, when required to do so by that authorised distributor for the purpose of enabling electricity to be conveyed to or from that other system.

any reference to making a connection includes a reference to maintaining the connection (and continuing to provide the necessary electric lines or electrical plant);

any reference to requiring a connection includes a reference to requiring the connection to be maintained (and the continued provision of the necessary electric lines and electrical plant); and

any reference to the provision of any electric line or electrical plant is a reference to the provision of such a line or an item of electrical plant either by the installation of a new one or by the modification of an existing one.

the premises or distribution system to which a connection to the distributor’s system is required;

the date on or by which the connection is to be made; and

the maximum power at which electricity may be required to be conveyed through the connection.

are of a kind specified by the regulations, and

have been reasonably incurred by the electricity distributor.

circumstances in which an electricity distributor may not require the payment of connection offer expenses by virtue of the regulations;

the manner in which expenses reasonably incurred by an electricity distributor are to be calculated for the purposes of subsection (4B)(b).

stating the extent (if any) to which his proposals are acceptable to the distributor and specifying any counter proposals made by him;

specifying any payment which that person will be required to make under section 19(1) or regulations under section 19(2);

specifying any security which that person will be required to give under section 20; and

stating any other terms which that person will be required to accept under section 21.

he is prevented from doing so by circumstances not within his control;

circumstances exist by reason of which his doing so would or might involve his being in breach of regulations under section 29, and he has taken all such steps as it was reasonable to take both to prevent the circumstances from occurring and to prevent them from having that effect; or

it is not reasonable in all the circumstances for him to be required to do so.

making the connection involves the distributor doing something which, without the consent of another person, would require the exercise of a power conferred by any provision of Schedule 3 or 4;

the distributor’s licence does not provide for that provision to have effect in relation to him; and

any necessary consent has not, at the time the request is made, been given.

where the connection is to premises, to the occupier or to the owner if the premises are not occupied;

where the connection is to another distribution system, to the person who is authorised by a licence or exemption to run that system,

the connection is required within the prescribed period after the provision of the line or plant; and

a person (“the initial contributor”) has made a payment to the distributor in respect of those expenses, the line or plant having been provided for the purpose of making a connection to any premises or distribution system as required by that person.

to exercise his rights under the regulations in respect of those expenses; and

to apply any payments received by him in the exercise of those rights in making such payments as may be appropriate towards reimbursing the initial contributor and any persons previously required to make payments under the regulations.

if the connection has not been made, refuse to provide the line or plant for so long as the failure continues; or

if the connection is being maintained, disconnect the premises or distribution system in question.

may be referred to the Authority by either party, or with the agreement of either party, by the Council; and

on such a reference, shall be determined by order made either by the Authority or, if the Authority thinks fit, by an arbitrator (or in Scotland an arbiter) appointed by the Authority.

may include such incidental, supplemental and consequential provision (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order) as that person considers appropriate; and

that a licence holder is contravening, or is likely to contravene, any relevant condition or requirement; and

that it is requisite that a provisional order be made,

to the extent to which any person is likely to sustain loss or damage in consequence of 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

to the fact that the effect of the provisions of this section and section 27 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.

he is satisfied that the licence holder to whom the order relates is contravening, or is likely to contravene, any relevant condition or requirement; and

the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.

that the duties imposed on him by section F1493A to 3C preclude the making or, as the case may be, the confirmation of the order;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

that the most appropriate way of proceeding is under the Competition Act 1998.

that the licence holder has agreed to take and is taking all such steps as it appears to the Authority for the time being to be appropriate for the licence holder to take for the purpose of securing or facilitating compliance with the condition or requirement in question; or

that the contraventions were or the apprehended contraventions are of a trivial nature.

serve notice that he is so satisfied on the licence holder; and

publish the notice in such manner as he 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.

shall require the licence holder to whom it relates (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;

shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and

may be revoked at any time by the Director.

stating that he proposes to make or confirm the order and setting out its effect;

specifying the period (not being less than F15821 days from the date of publication of the notice) within which representations or objections with respect to the proposed order or proposed confirmation may be made,

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

by serving a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, on the licence holder to whom the order relates.

with the consent to the modifications of the licence holder to whom the order relates; or

after complying with the requirements of subsection (4) below.

serve on the licence holder to whom the order relates such notice as appears to him requisite of his proposal to make or confirm the order with modifications;

in that notice specify the period (not being less than F15821 days from the date of the service of the notice) within which representations or objections with respect to the proposed modifications may be made; and

consider any representations or objections which are duly made and not withdrawn.

serve a copy of the order on the licence holder to whom the order relates; and

publish the order in such manner as he considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

stating that he proposes to revoke the order and setting out its effect; and

specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed revocation may be made,

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

by serving a copy of the notice on the licence holder to whom the order relates.

that its making or confirmation was not within the powers of section 25 above; or

that any of the requirements of section 26 above have not been complied with in relation to it,

has contravened or is contravening any relevant condition or requirement; or

has failed or is failing to achieve any standard of performance prescribed under section 39 or 39A,

stating that it proposes to impose a penalty and the amount of the penalty proposed to be imposed;

setting out the relevant condition or requirement or the standard of performance in question;

specifying the acts or omissions which, in the opinion of the Authority, constitute the contravention or failure in question and the other facts which, in the opinion of the Authority, justify the imposition of a penalty and the amount of the penalty proposed; and

specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made,

setting out the proposed variation and the reasons for it; and

specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed variation may be made,

stating that it has imposed a penalty on the licence holder and its amount;

setting out the relevant condition or requirement or the standard of performance in question;

specifying the acts or omissions which, in the opinion of the Authority, constitute the contravention or failure in question and the other facts which, in the opinion of the Authority, justify the imposition of the penalty and its amount; and

specifying a date, no earlier than the end of the period of 42 days from the date of service of the notice on the licence holder, by which the penalty is required to be paid.

by publishing the notice in such manner as the Authority 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;

by serving a copy of the notice on the licence holder; and

by serving a copy of the notice on the Council.

the notice under section 27A(3) relating to the penalty is served on the licence holder under section 27A(7), or

a notice relating to the contravention or failure is served on the licence holder under section 28(2).

within three months from the confirmation of the provisional order or the making of the final order, or

where the provisional order is not confirmed, within six months from the making of the provisional order.

the imposition of the penalty;

the amount of the penalty; or

the date by which the penalty is required to be paid, or the different dates by which different portions of the penalty are required to be paid,

within 42 days from the date of service on the licence holder of a notice under section 27A(5), or

where the application relates to a decision of the Authority on an application by the licence holder under section 27A(6), within 42 days from the date the licence holder is notified of the decision.

may quash the penalty;

may substitute a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case; or

in the case of an application under subsection (1)(c), may substitute for the date or dates imposed by the Authority an alternative date or dates.

that the imposition of the penalty was not within the power of the Authority under section 27A;

that any of the requirements of subsections (3) to (5) or (7) of section 27A have not been complied with in relation to the imposition of the penalty and the interests of the licence holder have been substantially prejudiced by the non-compliance; or

that it was unreasonable of the Authority to require the penalty imposed, or any portion of it, to be paid by the date or dates by which it was required to be paid.

in relation to England and Wales, the High Court; and

in relation to Scotland, the Court of Session.

may be contravening, or may have contravened, any relevant condition or requirement; or

may be failing, or may have failed, to achieve any standard of performance prescribed under section 39 or 39A,

requiring the person on whom it is served to produce, at a time and place specified in the notice, to the Director or to any person appointed by the Director for the purpose, any documents which are specified or described in the notice and are in that person’s custody or under his control; or

requiring that person, if he is carrying on a business, to furnish, at a time and place and in the form and manner specified in the notice, to the Director such information as may be specified or described in the notice.

require the licence holder to produce, at a time and place specified in the notice, to the Authority, or to any person so specified, any records which are specified or described in the notice and are in the licence holder’s custody or under his control; or

require the licence holder to furnish to the Authority, or to any person specified in the notice, such information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished.

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine.

securing that supplies of electricity are regular and efficient;

protecting the public from dangers arising from the generation, transmissionF172, distribution or supply of electricity, F173from the use of electricity interconnectors, from the use of electricity supplied or from the installation, maintenance or use of any electric line or electrical plant; and

without prejudice to the generality of paragraph (b) above, eliminating or reducing the risks of personal injury, or damage to property or interference with its use, arising as mentioned in that paragraph.

prohibit the F175distribution or transmission of electricity except by means of a system approved by the Secretary of State;

make provision requiring notice in the prescribed form to be given to the Secretary of State, in such cases as may be specified in the regulations, of accidents and of failures F176in the distribution or transmission of electricity F177or in the use of electricity interconnectors;

make provision as to the keeping, by persons authorised by a licence or exemption to F178distribute or F179participate in the transmission of electricity F180or to participate in the operation of an electricity interconnector, of maps, plans and sections and as to their production (on payment, if so required, of a reasonable fee) for inspection or copying;

make provision for relieving F181electricity distributors from any duty under section 16 or authorising them to disconnect any premises or distribution system in such cases as may be prescribed;

provide for particular requirements of the regulations to be deemed to be complied with in the case of any electric line or electrical plant complying with specified standards or requirements;

provide for the granting of exemptions from any requirement of the regulations for such periods as may be determined by or under the regulations.

who contravenes any specified provision of the regulations; or

who does so in specified circumstances,

to inspect and test, periodically and in special cases, electric lines and electrical plant belonging to persons authorised by a licence or exemption to generate, F182distribute or participate in the transmission of electricity F183or to participate in the operation of electricity interconnectors;

to examine, periodically and in special cases, the generation, transmissionF184, distribution or supply of electricity by such persons;

to inspect and test, if and when required by any consumer, any such lines and plant on the consumer’s premises, for the purpose of determining whether any requirement imposed by or under this Part in respect of the lines or plant or the F185conveyance of electricity through them has been complied with; and

such other duties as may be imposed by regulations under this section or as the Secretary of State may determine.

prescribe the manner in which and the times at which any duties are to be performed by electrical inspectors;

make provision for relieving F187electricity distributors from any duty under section 16 or authorising them to disconnect any premises or distribution system in such cases as may be prescribed; and

prescribe the amount of the fees which are to be payable to such inspectors.

imposing duties on electrical inspectors in relation to anything in the territorial sea adjacent to Great Britain or a Renewable Energy Zone; or

making any other provision authorised by this section in relation to activities carried on there.

in the case of Scotland, the Scottish Ministers,

in any other case, the Secretary of State.

so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland, and

a Renewable Energy Zone, or any part of such a Zone, which is designated by order under section 84(5) of the Energy Act 2004 (areas in relation to which Scottish Ministers have functions).

how the number of renewables obligation certificates required to be produced by an electricity supplier in respect of the amount of electricity supplied by it to customers in the relevant part of Great Britain during a specified period is to be calculated;

different obligations for successive periods of time;

how the amount of electricity supplied by an electricity supplier to customers in the relevant part of Great Britain during a specified period is to be calculated;

that specified information, or information of a specified nature, is to be given to the Authority;

the form in which such information is to be given and the time by which it is to be given.

in respect of electricity supplied to customers in the relevant part of Great Britain, or

in respect of electricity used in a permitted way (within the meaning of section 32B(9) and (10)) in that part of Great Britain.

provide that renewables obligation certificates in respect of electricity supplied in a later period may, when available, be counted towards discharging the renewables obligation for the current period;

provide that renewables obligation certificates in respect of electricity supplied in the current period may, in a later period, be counted towards discharging the renewables obligation for that period;

specify how much later the later period referred to in paragraph (a) or (b) may be;

specify a maximum proportion of the renewables obligation for any period which may be discharged as mentioned in paragraph (a) or (b);

specify a maximum proportion, or maximum number of, the renewables obligation certificates issued in respect of electricity supplied in any period which may be counted towards discharging the renewables obligation for a different period.

the operator of a generating station,

an electricity supplier or a Northern Ireland supplier, or

if the order so provides, a person of any other description specified in the order.

the matters within subsection (3) or (4), or

if the order provides that a certificate may certify the matters within subsection (5), (6), (7) or (8), the matters within that subsection.

that the generating station, or, in the case of a certificate issued otherwise than to the operator of a generating station, a generating station specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate, and

that it has been supplied by an electricity supplier to customers in Great Britain (or the part of Great Britain stated in the certificate).

that the generating station, or, in the case of a certificate issued otherwise than to the operator of a generating station, a generating station specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate,

that the generating station in question is not a generating station mentioned in Article 54(1) of the Energy (Northern Ireland) Order 2003, and

that the electricity has been supplied by a Northern Ireland supplier to customers in Northern Ireland.

that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate, and

that it has been supplied by an electricity supplier to customers in Great Britain (or the part of Great Britain stated in the certificate).

that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate,

that none of them is a generating station mentioned in Article 54(1) of the Energy (Northern Ireland) Order 2003, and

that the electricity has been supplied by a Northern Ireland supplier to customers in Northern Ireland.

that the generating station, or, in the case of a certificate issued otherwise than to the operator of a generating station, a generating station specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate, and

that the electricity has been used in a permitted way.

that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate, and

that the electricity has been used in a permitted way.

it is used in one of the ways mentioned in subsection (10), and

being consumed by the operator of the generating station or generating stations by which it was generated;

being supplied to customers in Great Britain through a private wire network;

being provided to a distribution system or a transmission system in circumstances in which its supply to customers cannot be demonstrated;

being used, as respects part, as mentioned in paragraph (a), (b), (c) or (d) and as respects the remainder by being supplied by an electricity supplier to customers in Great Britain or by a Northern Ireland supplier to customers in Northern Ireland, or both.

the operator of the generating station is exempt from section 4(1)(c) and does not hold a supply licence, and

in the case of an order made by the Scottish Ministers, means a generating station which is situated in Scotland;

in the case of an order made by the Secretary of State, means a generating station which is not situated in Scotland.

that no renewables obligation certificates are to be issued in respect of electricity generated in specified cases or circumstances, or

that renewables obligation certificates are to be issued in respect of a proportion only of the electricity generated in specified cases or circumstances.

electricity generated using specified descriptions of renewable sources,

electricity generated by specified descriptions of generating station, or

electricity generated in specified ways.

provision about how the proportion is to be determined;

provision about what, subject to such exceptions as may be specified, constitutes sufficient evidence of any matter required to be established for the purpose of determining that proportion;

partly by renewable sources, and

partly by fossil fuel (other than waste which constitutes a renewable source),

how the proportion referred to in subsection (4) is to be determined, and

the consequences for the issuing of renewables obligation certificates if a generating station of the type mentioned in that subsection uses more than a specified proportion of fossil fuel during a specified period.

prohibit the issue of a renewables obligation certificate certifying matters within section 32B(4) or (6) where the Northern Ireland authority has notified the Authority that it is not satisfied that the electricity in question has been supplied to customers in Northern Ireland, and

require the revocation of such a certificate if the Northern Ireland authority so notifies the Authority at a time between the issue of the certificate and its production for the purposes of the renewables obligation.

electricity generated from different renewable sources;

electricity generated by different descriptions of generating station;

electricity generated in different ways.

the costs (including capital costs) associated with generating electricity from each of the renewable sources or with transmitting or distributing electricity so generated;

the income of operators of generating stations in respect of electricity generated from each of those sources or associated with the generation of such electricity;

the effect of paragraph 19 of Schedule 6 to the Finance Act 2000 (c. 17) (supplies of electricity from renewable sources exempted from climate change levy) in relation to electricity generated from each of those sources;

the desirability of securing the long term growth, and economic viability, of the industries associated with the generation of electricity from renewable sources;

the likely effect of the proposed banding provision on the number of renewables obligation certificates issued by the Authority, and the impact this will have on the market for such certificates and on consumers;

the potential contribution of electricity generated from each renewable source to the attainment of any target which relates to the generation of electricity or the production of energy and is imposed by, or results from or arises out of, a Community obligation.

the acquisition of the renewable source;

the supply of heat produced in connection with the generation;

the disposal of any by-product of the generation process.

may authorise the relevant minister to review the banding provision at such intervals as are specified in or determined in accordance with the order, and

may authorise the relevant minister to review the whole or any part of the banding provision at any time when that minister is satisfied that one or more of the specified conditions is satisfied.

the electricity generated by generating stations of such a description as may be specified, or

so much of that electricity as may be determined in accordance with the order.

the generating station is of a specified description, or

the circumstances of the case meet specified requirements.

if the grant or any part of it has been paid, to repay to the Secretary of State the whole or a specified part of the grant or part before the repayment date,

to pay to the Secretary of State interest on an amount repayable under paragraph (a) for such period, and at such rate, as may be determined by the Secretary of State, and

if the grant or any part of it has not yet been paid, to consent to the cancellation of the award of the grant or part.

“the repayment date” means the date specified in or determined in accordance with the order, and

the period for which interest is payable must not begin before the grant was paid or, if the repayment relates to an instalment of the grant, before the instalment was paid;

a grant awarded under section 5(1) of the Science and Technology Act 1965 (grants to carry on or support scientific research), or

any other grant which is payable out of public funds and awarded under or by virtue of an Act.

in such cases as may be specified in the order, and

subject to such conditions as may be so specified,

that an electricity supplier may (in whole or in part) discharge its renewables obligation by making a payment to the Authority before the last discharge day, and

that an electricity supplier's renewables obligation that was not discharged in whole or in part before the last discharge day is to be treated as having been discharged to the extent specified in the order where the payment for which the order provides is made to the Authority before the end of the late payment period.

as to the sum which for the purposes of subsection (1) is to correspond to a renewables obligation certificate,

for the sums that must be paid in order for an obligation to be treated as having been discharged to increase at a rate specified in the order for each day after the last discharge day;

for different sums or rates falling within paragraph (a) or (b) in relation to different periods;

for different such sums or rates in relation to electricity generated in different cases or circumstances specified in the order (including those of a kind referred to in section 32A(2)(c));

for any such sum or rate to be adjusted from time to time for inflation by a method specified in the order.

a renewables obligation is one in relation to which provision made by virtue of subsection (1)(b) applies in the case of the electricity supplier who is subject to the obligation, and

the period ending with such day (after the last discharge day) as may be specified in or determined under the order has not expired,

was subject to a renewables obligation for the relevant period or for a subsequent period specified in or determined under the order, and

is of a description so specified or determined,

in the case of a shortfall in the amount received by the Authority, if the receipt of the payment is to be while a prohibition or restriction by virtue of subsection (4) applies, in one or more cases, to the taking of steps in relation to contraventions of renewables obligations for that period, or

in the case of a shortfall in the amount received by the Northern Ireland authority, if the receipt of the payment is to be while a prohibition or restriction by virtue of a corresponding provision having effect in Northern Ireland applies, in one or more cases, to the taking of steps in relation to contraventions of Northern Ireland obligations for that period.

provision for the making of adjustments and repayments at times after a requirement to make payments in respect of a shortfall for a period has already arisen, and

provision that sections 25 to 28 are to apply in relation to a requirement imposed by virtue of that subsection on a person who is not a licence holder as if the person were a licence holder.