Section 25 Orders for securing compliance.C1 C2 C3 C4 C5

England, Wales and Scotland

(1)

Subject to subsections (2)F1, F2(4A) to (5A) and section 26 below, where F3the Authority is satisfied that a F4regulated person is contravening, or is likely to contravene, any relevant condition or requirement, F5it shall by a final order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.

(2)

Subject to F6subsections (4A) to (5A) below, where it appears to the Authority—

(a)

that a regulated person is contravening, or is likely to contravene, any relevant condition or requirement; and

(b)

that it is requisite that a provisional order be made,

it shall (instead of taking steps towards the making of a final order) by a provisional order make such provision as appears to him requisite for the purpose of securing compliance with that condition or requirement.

(3)

In determining for the purposes of subsection (2)(b) above whether it is requisite that a provisional order be made, the Authority shall have regard, in particular—

(a)

to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the relevant condition or requirement, is likely to be done, or omitted to be done, before a final order may be made; and

(b)

to the fact that the effect of the provisions of this section and section 27 below is to exclude the availability of any remedy (apart from under those provisions or for negligence) in respect of any contravention of a relevant condition or requirement.

F7(8A)

In paragraph (da) of the definition of “regulated person” in subsection (8), the reference to a responsible body for a central system is a reference to a person for the time being specified in a notice under section 184(1) of the Energy Act 2023 in relation to a designated central system (within the meaning of Part 6 of that Act).

(4)

Subject to subsections F8(4A) to (5A) and section 26 below, the Authority shall confirm a provisional order, with or without modifications, if—

(a)

it is satisfied that the regulated person to whom the order relates is contravening, or is likely to contravene, any relevant condition or requirement; and

(b)

the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.

F9(4A)

Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(4B)

The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.

(5)

the Authority shall not make a final order or make or confirm a provisional order in relation to a regulated person if it is satisfied—

(a)

that the duties imposed on him by section F103A to 3C preclude the making or, as the case may be, the confirmation of the order;

F11(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(5A)

The Authority is not required to make a final order or make or confirm a provisional order if it is satisfied—

(a)

that the regulated person has agreed to take and is taking all such steps as it appears to the Authority for the time being to be appropriate for the regulated person to take for the purpose of securing or facilitating compliance with the condition or requirement in question; or

(b)

that the contraventions were or the apprehended contraventions are of a trivial nature.

(6)

Where the Authority F14decides that it would be more appropriate to proceed under the Competition Act 1998 or is satisfied as mentioned in subsections (5) F15or (5A) above, it shall—

(a)

serve notice that it F16has so decided or is so satisfied on the regulated person; and

(b)

publish the notice in such manner as it considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

(7)

A final or provisional order—

(a)

shall require the regulated person to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;

(b)

shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and

(c)

may be revoked at any time by the Authority.

(8)

In this Part—

“final order” means an order under this section other than a provisional order;
“provisional order” means an order under this section which, if not previously confirmed in accordance with subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order;
F17“regulated person” means a person who is one or more of the following—
1. (a)
  a licence holder;
2. (b)
  a distribution exemption holder;
3. (c)
  a supply exemption holder;
4. (d)
  an electricity undertaking which is a relevant producer or supplier;
5. (da)
  F18a responsible body for a central system;
6. (f)
  F19...
“relevant condition”, in relation to a regulated person, means any condition of F20any licence held by that person;
“relevant requirement”, in relation to a regulated person,
1. (a)
  F21means any duty or other requirement imposed on F22that person under a provision specified in Schedule 6A as a relevant provision in respect of that person F23...
2. (b)
  ...

(8A)

F24(9)

In paragraph (a) of the definition of “relevant requirement” in subsection (8), the reference to a provision specified in Schedule 6A is to be treated as including a provision of the predecessor of the Electricity Regulation that was specified in that Schedule immediately before the coming into force of the Electricity and Gas (Internal Markets) Regulations 2020.