# Energy Act 2023, Section 88: Shadow directors, etc

Extent: E+W+S+N.I.

(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—
(a) a person occupying the position of director in relation to a Chapter 1 entity;
(b) a person in accordance with whose directions or instructions the directors of a Chapter 1 entity are accustomed to act;
(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;
(d) exercising any function of management in a Chapter 1 entity;
(e) a principal of a Chapter 1 entity.
(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—
(a) a person occupying the position of director in relation to a revenue support counterparty;
(b) a person in accordance with whose directions or instructions the directors of a revenue support counterparty are accustomed to act;
(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;
(d) exercising any function of management in a revenue support counterparty;
(e) a principal of a revenue support counterparty.
(3) In this section “Chapter 1 entity” means the following—
(a) a revenue support counterparty;
(b) a hydrogen levy administrator;
(c) an allocation body.

---
Source: https://www.legislation.gov.uk/ukpga/2023/52/section/88 (the official version)
Page: https://openlegislation.uk/energy-act-2023/section-88
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.