PART 2Electricity Market Reform

CHAPTER 2Contracts for Difference

19Information and advice

1

Regulations may make provision about the provision and publication of information.

2

Provision made by virtue of subsection (1) may include provision—

a

for the Secretary of State to require the national system operator to provide advice to the Secretary of State;

b

for the Secretary of State to require a CFD counterparty, the Authority, the Northern Ireland Authority for Utility Regulation or the Northern Ireland system operator to provide advice to the Secretary of State or any other person specified in the regulations;

c

for the Secretary of State to require a CFD counterparty, the national system operator, the Authority, the Northern Ireland Authority for Utility Regulation, the Northern Ireland system operator F1, an electricity supplier or a generator who is party to a CFD to provide information to the Secretary of State or any other person specified in the regulations;

F2ca

for the Authority to require information to be provided to it by a CFD counterparty or electricity suppliers;

cb

for the Northern Ireland Authority for Utility Regulation to require information to be provided to it by a CFD counterparty or electricity suppliers;

d

for the national system operator to require information to be provided to it by a CFD counterparty, a generator who is party to a CFD or the Northern Ireland system operator;

e

for a CFD counterparty to require information to be provided to it by F3the Authority, the Northern Ireland Authority for Utility Regulation, electricity suppliers or the Northern Ireland system operator;

f

for the classification and protection of confidential or sensitive information;

g

for the enforcement of any requirement imposed by virtue of paragraphs (a) to (f).

3

In subsection (2)—

a

“Northern Ireland system operator” means the holder of a licence under Article 10(1)(b) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1));

b

“electricity supplier”, subject to any provision made by regulations, means a person who is a holder of a licence to supply electricity under—

i

section 6(1)(d) of EA 1989; or

ii

Article 10(1)(c) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)).

4

F4Except as provided by regulations, the prohibition on disclosure of information by—

a

section 105(1) of the Utilities Act 2000;

b

Article 63(1) of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6));

does not apply to a disclosure required by virtue of this section.