{
  "url": "https://openlegislation.uk/energy-act-2023/section-88",
  "json_url": "https://openlegislation.uk/energy-act-2023/section-88.json",
  "legislation": "ukpga/2023/52",
  "legislation_title": "Energy Act 2023",
  "legislation_url": "https://openlegislation.uk/energy-act-2023",
  "path": "section/88",
  "kind": "section",
  "number": "88",
  "heading": "Shadow directors, etc",
  "text": "(1) The Secretary of State is not, by virtue of the exercise of a power conferred by or by virtue of this Chapter, to be regarded as—\n(a) a person occupying the position of director in relation to a Chapter 1 entity;\n(b) a person in accordance with whose directions or instructions the directors of a Chapter 1 entity are accustomed to act;\n(c) a person in accordance with whose directions or instructions the members of a Chapter 1 entity which is a limited liability partnership are accustomed to act;\n(d) exercising any function of management in a Chapter 1 entity;\n(e) a principal of a Chapter 1 entity.\n(2) An allocation body is not, by virtue of the exercise of a power conferred by or by virtue of this Chapter, to be regarded as—\n(a) a person occupying the position of director in relation to a revenue support counterparty;\n(b) a person in accordance with whose directions or instructions the directors of a revenue support counterparty are accustomed to act;\n(c) a person in accordance with whose directions or instructions the members of a revenue support counterparty which is a limited liability partnership are accustomed to act;\n(d) exercising any function of management in a revenue support counterparty;\n(e) a principal of a revenue support counterparty.\n(3) In this section “Chapter 1 entity” means the following—\n(a) a revenue support counterparty;\n(b) a hydrogen levy administrator;\n(c) an allocation body.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 88 in force at Royal Assent for specified purposes, see s. 334(3)(a)(vi)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 88 in force at 26.12.2023 in so far as not already in force, see s. 334(3)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2023/52/section/88",
    "retrieved_at": "2026-10-29T08:50:44.989649+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}