Energy (Miscellaneous Provisions) Act 2006

Emergency measures.

9.— The Act of 1999 is amended by the insertion after Part VI of the following part:


Emergency Measures in Event of Sudden Crisis

Emergency measures.

40A.— (1) In the event of a sudden crisis in the energy market and where the physical safety or security of persons, apparatus or installations, or the integrity of the natural gas or electricity transmission system or the natural gas or electricity distribution system is threatened the Minister may by order direct—

(a) the Commission,

(b) the holder of a licence under section 14,

(c) a person referred to in section 10A(2)(b)(i), (ii), (iii) or (iv) of the Gas Act 1976 ,

to take such safeguard measures as the Minister considers necessary, and the person to whom the order is directed shall comply with the direction.

(2) In making an order under this section the Minister shall have regard to the objective that the measures subject to a direction under the order—

(a) should cause the least possible disturbance to the functioning of the internal market in gas or electricity, and

(b) are not wider in scope than is strictly necessary to remedy the sudden difficulties.

(3) The Minister may by order, amend or revoke an order made under this section, including an order under this subsection.”.