Section 87 Powers of OGA to require informationI1

England, Wales and Scotland

(1)

Where the F1OGA has reason to believe that a person has made or received an application of a kind mentioned in subsection (1) of section 82, the OGA may by notice require the person to confirm whether or not that is the case.

(2)

The OGA may by notice require a person who has made or received an application of a kind mentioned in subsection (1) of section 82 to provide the OGA with specified information for the purpose of enabling the OGA to decide—

(a)

whether to exercise any function conferred on the OGA by section 82, 83, or 84; and

(b)

if so, how to exercise the function.

(3)

Where a person has applied to the OGA under section 85 for a notice to be varied, the OGA may by notice require any person within subsection (4) to provide the OGA with specified information for the purpose of enabling the OGA to decide—

(a)

whether to vary the notice; and

(b)

if so, how to vary the notice.

(4)

Those persons are—

(a)

the person who applied for the notice to be varied;

(b)

the other person to whom the notice was given;

(c)

any person who has had assigned to him or her a right which is secured by the notice or a duty which is imposed by the notice.

(5)

The information that may be required under subsection (2) and (3) includes financial information.

(5A)

F2A notice under subsection (1), (2) or (3) that imposes a requirement on a person must specify when the requirement is to be complied with.

(6)

The OGA may not disclose any information obtained under this section unless—

(a)

the person by or on behalf of whom the information was provided consents to the disclosure, F3...

(b)

the disclosure is required by virtue of an obligation imposed on the OGA by or under an enactment F4or

(c)

the disclosure is made under section 89A or 89B.

(7)

In this section “specified” means specified in a notice under subsection (2) or (3).

Annotations

Textual amendments

F1: Words in s. 87 substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 69; S.I. 2016/920, reg. 2(a)
F2: S. 87(5A) inserted (1.10.2016) by Energy Act 2016 (c. 20), ss. 70(2), 84(3); S.I. 2016/920, reg. 2(c)
F3: Word in s. 87(6)(a) omitted (1.10.2016) by virtue of Energy Act 2016 (c. 20), ss. 71(3)(a), 84(3); S.I. 2016/920, reg. 2(c)
F4: S. 87(6)(c) and preceding word inserted (1.10.2016) by Energy Act 2016 (c. 20), ss. 71(3)(b), 84(3); S.I. 2016/920, reg. 2(c)

Commencement

I1: S. 87 in force at 21.3.2012 by S.I. 2012/873, art. 2(b)(i) (with art. 4)