Article 5 The nominated person

A person may only become or continue to be a nominated person if that person is registered under the Companies Act 1985^f1 as a company limited by shares and is approved by the Secretary of State.

Without prejudice to article 10, if any of the Requirements are not being met at any time, the Secretary of State may withdraw his approval of the nominated person at any time on such notice as is reasonable in the circumstances. Where the Secretary of State withdraws his approval he may either himself nominate one or more persons to be the nominated person or he may request that the public electricity suppliers nominate a replacement.

Where the Secretary of State has withdrawn his approval of the nominated person in accordance with paragraph (2) above, the public electricity suppliers shall jointly bear the administrative costs incurred as a result of this change in proportions to be determined by the Secretary of State.

Where there is a change in the person who is nominated to be the nominated person (either at the instigation of the public electricity suppliers or the Secretary of State) the Secretary of State’s approval of the person so nominated may be conditional on new arrangements having been entered into by a specified date. In such circumstances the dates referred to in articles 3, 4 and 6 shall be replaced with the dates specified by the Secretary of State.

Where requested in writing to approve a person nominated for the purposes of this Order, the Secretary of State shall decide whether to so approve or not and shall notify the public electricity suppliers in writing of that decision within 30 days of receipt of such request.