Part 5Independent System Operator and Planner

General duties

164Duty to have regard to particular matters

1

The ISOP must, when carrying out its functions, have regard to—

a

the need to facilitate competition between persons who carry out a relevant activity (except to the extent that such persons are, in accordance with or by virtue of an enactment, not subject to competition in relation to the activity);

b

the consumer impact of a relevant activity;

c

the whole-system impact of a relevant activity;

d

the desirability of facilitating innovation in relation to the carrying out of relevant activities.

2

The reference in subsection (1)(b) to the consumer impact of a relevant activity is a reference to the impact (or likely impact) of—

a

the behaviour of persons who carry out the activity on existing and future consumers, and

b

the behaviour of existing and future consumers on the carrying out of the activity.

3

The reference in subsection (1)(c) to the whole-system impact of a relevant activity is a reference to the impact (or likely impact) of—

a

the carrying out of the activity, and

b

the behaviour of existing and future consumers in relation to the carrying out of the activity,

in relation to the carrying out of other relevant activities.