Article 45 Financial penaltiesC1

that an electricity licence holder who is a public electricity supplier has failed or is failing to achieve any standard of performance prescribed under Article 42 of the Electricity OrderF5 or

that a gas licence holder has failed or is failing to achieve any standard of performance prescribed under section 1 of the Energy Act (Northern Ireland) 2011,

stating that it proposes to impose a penalty and the amount of the penalty proposed to be imposed;

setting out the condition, requirement or prohibition or the standard of performance in question;

specifying the acts or omissions which, in the opinion of the Authority, constitute the contravention or failure in question and the other facts which, in the opinion of the Authority, justify the imposition of a penalty and the amount of the penalty proposed; and

specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made,

setting out the proposed variation and the reasons for it; and

specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed variation may be made,

stating that it has imposed a penalty on the regulated person and its amount;

setting out the condition, requirement or prohibition or the standard of performance in question;

specifying the acts or omissions which, in the opinion of the Authority, constitute the contravention or failure in question and the other facts which, in the opinion of the Authority, justify the imposition of the penalty and its amount; and

specifying a date, no earlier than the end of the period of 42 days from the date of service of the notice on the regulated person, by which the penalty is required to be paid.

by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them;

by serving a copy of the notice on the regulated person; and

by serving a copy of the notice on the Council.

subject to sub-paragraph (b), 10 per cent of the turnover of the regulated person; or

where the regulated person is or is part of a vertically integrated undertaking and the relevant condition or requirement to which the contravention relates is imposed on a vertically integrated undertaking pursuant to the Electricity Directive F8or F9by or under a provision referring to a provision of the 2009 Electricity Directive or the Gas Directive, 10 per cent of the turnover of the vertically integrated undertaking,

the Gas Regulation;

the Electricity Regulation, in the case of a contravention which occurred on or after the date on which the Electricity and Gas (Internal Markets) Regulations 2020 came into force; or

the 2009 Electricity Market Regulation, in the case of a contravention which occurred before the date referred to in sub-paragraph (b).