Regulation 4 Conflict of interest

(1)

Except as provided in paragraph (2), the Authority may not select a person to be the code manager in relation to a designated document unless the Authority is satisfied that the person has no financial or other interest that might prejudice the discharge by that person of the functions of code manager (a “potential conflict of interest”).

(2)

The Authority may select a person that has a potential conflict of interest if the Authority is satisfied that it is manageable.

(3)

For the purposes of this regulation a potential conflict of interest is “manageable” if—

(a)

measures can be taken by the person by which either—

(i)

its interests which give rise to the potential conflict are removed, or

(ii)

the risk of prejudice is avoided or mitigated to a level that the Authority considers acceptable, and

(b)

either—

(i)

those measures are taken by the person before selection, or

(ii)

the person (if selected) will be required to take those measures, and the Authority is satisfied that the person will in fact take those measures.

(4)

In determining whether a potential conflict of interest is manageable, the Authority may take into account—

(a)

the terms and conditions of the code manager licence^f1 that will address conflicts of interest, and

(b)

the ability of the person to comply with those conditions.

Annotations

Footnotes

f1: See section 183(2) of the Energy Act 2023 for the definition of “code manager licence”.