Part 6Governance of gas and electricity industry codes

Modifications and directions

I1195Directions under section 194

1

Before giving a direction under section 194, the GEMA must—

a

publish a notice about the proposed direction,

b

send a copy of the notice to the persons listed in subsection (2), and

c

consider any representations made within the period specified in the notice about the proposed direction or the date from which it would take effect.

2

The persons mentioned in subsection (1)(b) are—

a

the responsible body to whom the direction is proposed to be given, and

b

the code manager in relation to the relevant designated document.

3

A notice under subsection (1) must—

a

state that the GEMA proposes to give a direction;

b

set out the proposed direction and its effect;

c

specify the date from which the GEMA proposes that the direction will have effect;

d

state the reasons why the GEMA proposes to give the direction.

4

If, after complying with subsections (1) to (3) in relation to a direction, the GEMA decides to give a direction, it must publish a notice about the decision.

5

A notice under subsection (4) must—

a

state that the GEMA has decided to give the direction;

b

set out the direction and its effect;

c

specify the date from which the direction has effect;

d

state how the GEMA has taken account of any representations made in the period specified in the notice under subsection (1);

e

state the reason for any differences between the direction set out in the notice and the proposed direction.

6

A notice under this section about a proposed direction or a decision must be published in such manner as the GEMA considers appropriate for bringing it to the attention of those likely to be affected by the making of the direction or decision.