Electricity Regulation Act, 1999

Authorised officers.

11.—(1) In this section a “person to whom this section applies” means the Board or a holder of a licence or an authorisation.

(2) The Commission may appoint persons to be authorised officers for the purposes of this section.

(3) A person appointed under subsection (2) shall, on his or her appointment, be furnished by the Commission with a certificate of his or her appointment and when exercising a power conferred by subsection (4) shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

(4) For the purposes of the exercise by the Commission of its functions under this Act, an authorised officer may—

(a) enter at any reasonable time any premises owned or occupied by a person to whom this section applies for the purpose of exercising any powers conferred on him or her by this subsection,

(b) require a person to whom this section applies or any member, officer or employee of the person to whom this section applies to produce to the authorised officer any books, documents or records which are in his or her power or control, and in the case of information in a non-legible form to reproduce it in a legible form.

(c) inspect and take extracts from or make copies of any books, documents and records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form), and

(d) require a person to whom this section applies to maintain such books, documents and records for such period or periods of time as the authorised officer may direct.

(5) Where an authorised officer in exercise of his or her powers under this section is prevented from entering any premises an application may be made under section 12 for a warrant to authorise such entry.

(6) A person to whom this section applies who—

(a) obstructs or impedes an authorised officer in the exercise of a power under this section,

(b) fails or refuses to comply with a requirement under this section,

(c) knowingly alters, suppresses or destroys any books, documents or records which the person concerned has been required to produce, or may reasonably expect to be required to produce, or

(d) knowingly gives to the Commission or to an authorised officer information which is false or misleading, in a material respect,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or imprisonment for a period not exceeding 12 months or, at the discretion of the District Court, to both such fine and imprisonment.