Energy Act 2023

Guidance U.K.

285 Guidance: criminal and civil sanctions U.K.

(1) The Secretary of State must issue guidance as to—

(a) the sanctions (including criminal sanctions) to which a person who commits an offence under this Part may be liable,

(b) the action which the Secretary of State may take to enforce offences under this Part, whether by virtue of section 284 and Schedule 20 or otherwise, and

(c) the circumstances in which the Secretary of State is likely to take any such action.

(2) The Secretary of State—

(a) must issue guidance about how the Secretary of State intends to exercise the Secretary of State’s functions under section 284 and Schedule 20;

(b) must have regard to the guidance in exercising the Secretary of State’s functions under those provisions.

(3) Before issuing guidance under this section, the Secretary of State must—

(a) prepare a draft of the proposed guidance;

(b) consult such persons as the Secretary of State considers appropriate;

(c) comply with the requirements of section 286.

(4) The Secretary of State may from time to time revise guidance issued under this section and issue revised guidance.

(5) Subsection (3) applies to revised guidance as it applies to the original guidance.

(6) The Secretary of State must arrange for the publication of guidance (or revised guidance) issued under this section.

Commencement Information

I1 S. 285 not in force at Royal Assent, see s. 334(1)

I2 S. 285 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(viii)

286 Guidance: Parliamentary scrutiny U.K.

(1) Before issuing guidance under section 285, the Secretary of State must lay a draft of the proposed guidance before both Houses of Parliament.

(2) The Secretary of State must not issue the guidance until after the period of 40 days beginning with—

(a) the day on which the draft is laid before both Houses of Parliament, or

(b) 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.

(3) If before the end of that period either House resolves that the guidance should not be issued, the Secretary of State may not issue it.

(4) In reckoning any period of 40 days for the purposes of subsection (2), no account is to be taken of any time during which—

(a) Parliament is dissolved or prorogued, or

(b) both Houses are adjourned for more than four days.

Commencement Information

I3 S. 286 not in force at Royal Assent, see s. 334(1)

I4 S. 286 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(viii)