Energy Act 2023

274 Duty to report incidents

(1) If at any time a person—

(a) knows, or has reason to suspect, that a notifiable incident is occurring or has occurred, and

(b) meets the condition in paragraph (a), (b) or (c) of subsection (2),

that person must notify the Secretary of State of the incident as soon as possible.

(2) The conditions mentioned in subsection (1)(b) are that—

(a) the person is carrying on core fuel sector activities in the course of a business which has capacity in excess of 500,000 tonnes;

(b) the person is a Part 12 facility owner in whose case the owned facility has capacity in excess of 500,000 tonnes;

(c) the person is of a class or description specified in regulations made by the Secretary of State under this subsection.

(3) In this section “notifiable incident”, in relation to a person, means an incident which affects the person’s relevant activities or assets in such a way as to create a significant risk of, or cause—

(a) disruption to, or

(b) a failure of,

the continuity of supply of core fuels.

(4) The Secretary of State may by notice in writing require a person who has given a notice under subsection (1) to provide further information about the incident.

(5) Before giving a person a notice under subsection (4) the Secretary of State must—

(a) notify the person in writing of—

(i) the proposed contents of the notice, and

(ii) the period within which the person may make written representations with respect to the proposal, and

(b) consider any representations made by the person.

(6) The period notified under subsection (5)(a)(ii) must begin on the date on which the notification is given and (subject to subsection (7)) must be not less than 14 days.

(7) The Secretary of State may notify a period under subsection (5)(a)(ii) that is less than 14 days but not less than 7 days if the Secretary of State considers that it is necessary to do so by reason of urgency.

(8) A notice under subsection (4) may specify—

(a) the manner in which information is to be provided, and

(b) time limits for providing information.

(9) Where a notification under subsection (1) is not made in writing, it must be confirmed in writing as soon as possible.

(10) Regulations under subsection (2)(c) may specify the meaning that “relevant activities or assets” is to have in subsection (3) in relation to persons of a class or description of persons specified in the regulations.

(11) Regulations under subsection (2)(c) are subject to the affirmative procedure.