Section 35 Provisions supplementary to section 34.C1

England, Wales and Scotland

(1)

The Secretary of State may give a direction requiring F1the holder of a transmission licence F2or an electricity system operator licence to give to the Secretary of State, after consultation with specified persons, any information or advice which the Secretary of State may reasonably require for purposes connected with the exercise of his functions under section 34 above.

F3(2)

The Secretary of State may give a direction requiring any person who F4holds a transmission licence or an electricity system operator licence to carry on the activities which the licence authorises (or any of them), at any time when a direction under section 34(4) above is in force, either in a specified manner or with a view to achieving specified objectives.

(3)

In subsections (1) and (2) above “specified” means specified by or under the Secretary of State’s direction; F5and a person subject to a direction under subsection (2) above shall give effect to it notwithstanding any other duty imposed on him by or under this Part.

(4)

The Secretary of State shall lay before each House of Parliament a copy of every direction given under section 34 above or this section unless he is of the opinion that disclosure of the direction is against the interests of national security or the commercial interests of any person.

(5)

A person who, without reasonable excuse, contravenes or fails to comply with a direction of the Secretary of State under section 34 above or this section shall be liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum;

(b)

on conviction on indictment, to a fine.

(6)

No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or on behalf of the Secretary of State.

(7)

Paragraphs 1 to 4, 7 and 8 of Schedule 2 to the M1Energy Act 1976 (administration of Act and other matters) shall have effect as if—

(a)

section 34 above were contained in that Act;

(b)

the powers of paragraph 1 were exercisable for any purpose connected with securing compliance with a direction under that section;

(c)

information obtained by virtue of that paragraph could lawfully be disclosed to any person by whom anything falls to be specified under such a direction; and

(d)

the powers conferred by sub-paragraph (1)(c) of that paragraph included power to direct that information and forecasts be furnished to any such person.