Schedule 3 | Enforcement Of Obligations Of Licence Holders | Energy Act 2023 C52

SCHEDULE 3 Enforcement of Obligations of Licence Holders

Energy Act 2023 (2023 c 52) | Legislation

SCHEDULE 3 Enforcement of Obligations of Licence Holders

Section 32

Orders for securing compliance with certain provisions

(1) Where the economic regulator is satisfied that a licence holder is contravening, or is likely to contravene, any relevant condition or requirement, the economic regulator must make an order (a “final order”) containing such provision as appears to the economic regulator to be necessary for the purpose of securing compliance with that condition or requirement (but this sub-paragraph does not apply if the economic regulator is required by sub-paragraph (2) to make a provisional order in respect of the contravention or likely contravention).

(2) Where it appears to the economic regulator—

(a) that a licence holder is contravening, or is likely to contravene, any relevant condition or requirement, and

(b) that it is appropriate to make an order under this sub-paragraph,

the economic regulator must (instead of taking steps towards the making of a final order) make an order (a “provisional order”) containing such provision as appears to the economic regulator to be necessary for the purpose of securing compliance with that condition or requirement.

(3) In determining for the purposes of sub-paragraph (2)(b) whether it is appropriate