{
  "url": "https://openlegislation.uk/gas-act-1986/section-8O",
  "json_url": "https://openlegislation.uk/gas-act-1986/section-8O.json",
  "legislation": "ukpga/1986/44",
  "legislation_title": "Gas Act 1986",
  "legislation_url": "https://openlegislation.uk/gas-act-1986",
  "path": "section/8O",
  "kind": "section",
  "number": "8O",
  "heading": "Prohibition on the exercise of certain shareholder rights and rights of appointment",
  "text": "(1) A person must not exercise a shareholder right or a right of appointment if—\n(a) the right falls within subsection (2), (3), (4) or (5);\n(b) the relevant date in respect of the certified person mentioned in that subsection has been reached;\n(c) the exercise of the right would or might lead the certified person to discriminate in favour of the relevant producer or supplier mentioned in that subsection; and\n(d) the relevant producer or supplier is a person to whom subsection (6) applies.\n(2) A right falls within this subsection if—\n(a) it is a shareholder right;\n(b) it is held by a person who controls a person certified on the certification ground in section 8G(3); and\n(c) it is exercisable in relation to a relevant producer or supplier.\n(3) A right falls within this subsection if—\n(a) it is a shareholder right;\n(b) it is exercisable in relation to a person certified on the certification ground in section 8G(3); and\n(c) it is held by a person who controls a relevant producer or supplier.\n(4) A right falls within this subsection if—\n(a) it is a shareholder right;\n(b) the person who holds it appointed a senior officer of a person certified on the certification ground in section 8G(3);\n(c) the person appointed continues to hold that office; and\n(d) the right is exercisable in relation to a gas undertaking which is a relevant producer or supplier.\n(5) A right falls within this subsection if—\n(a) it is a right to appoint a senior officer of a person certified on the certification ground in section 8G(3); and\n(b) the person who holds it has, within the immediately preceding period of 3 years, exercised a shareholder right in relation to a gas undertaking which is a relevant producer or supplier.\n(6) This subsection applies to a person if, in order to carry out some or all of the activity by virtue of which the person is a relevant producer or supplier, the person—\n(a) requires a licence under section 7A of this Act, section 6 of the Electricity Act 1989 (licences authorising supply, etc), or section 3 of the Petroleum Act 1998 (licences to search and bore for and get petroleum); or\n(b) would require such a licence if carrying out the activity in Great Britain.\n(7) In this section—\n(a) “exercise” means exercise directly or indirectly, and “exercisable” is to be interpreted accordingly; and\n(b) “relevant date” means the relevant date for the purposes of section 8C(1) or (2).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 8C-8Q and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 4"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1986/44/section/8O",
    "retrieved_at": "2026-10-29T09:56:01.836902+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."
}