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Energy Act 2016

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Change 1

What to do with it
As published

38 Duty to inform the OGA of meetings

(1) This section applies where a relevant person, or an employee of or person acting on behalf of the relevant person, knows or should know that a meeting arranged by, or on behalf of, the relevant person will be or is likely to be a relevant meeting. (2) The relevant person must, in writing— (a) inform the OGA of the fact that the meeting is to take place, and (b) provide such details of the meeting as are necessary for a person authorised by the OGA to be able to participate in it. (3) The relevant person must comply with subsection (2)— (a) at least 14 days before the day on which the meeting is to take place, or (b) if that is not reasonably practicable, so as to give as much notice of the meeting as is reasonably practicable. (4) In a case within subsection (3)(b) the relevant person must, when complying with subsection (2), explain in writing to the OGA why it was not reasonably practicable to comply with subsection (2) at least 14 days before the day on which the meeting is to take place. (5) The relevant person must inform the OGA in writing as soon as is reasonably practicable of any changes to the information provided under subsection (2)(b). (6) The relevant person must also provide the OGA with any information that is provided (whether by the relevant person or any other person) to other persons attending the meeting, including (in particular)— (a) the agenda, and (b) any other documents relevant to the meeting. (7) That information must be provided to the OGA— (a) at the same time as it is provided to other persons attending the meeting, or (b) if it not possible for the relevant person to provide it to the OGA at that time, as soon after that time as is reasonably practicable. (8) Subsection (6) does not require the relevant person to provide the OGA with information that does not relate to relevant issues. (9) The information required under subsections (2), (5) and (6), and any explanation provided under subsection (4), must be provided to the OGA in such manner as may be required by a notice given by the OGA. (10) The requirements imposed by this section are sanctionable in accordance with Chapter 5.

Your change, as a redline

38 Duty to inform the OGA of meetings

(1) This section applies where a relevant person, or an employee of or person acting on behalf of the relevant person, knows or should know that a meeting arranged by, or on behalf of, the relevant person will be or is likely to be a relevant meeting. (2) The relevant person must, in writing— (a) inform the OGA of the fact that the meeting is to take place, and (b) provide such details of the meeting as are necessary for a person authorised by the OGA to be able to participate in it. (3) The relevant person must comply with subsection (2)— (a) at least 14 days before the day on which the meeting is to take place, or (b) if that is not reasonably practicable, so as to give as much notice of the meeting as is reasonably practicable. (4) In a case within subsection (3)(b) the relevant person must, when complying with subsection (2), explain in writing to the OGA why it was not reasonably practicable to comply with subsection (2) at least 14 days before the day on which the meeting is to take place. (5) The relevant person must inform the OGA in writing as soon as is reasonably practicable of any changes to the information provided under subsection (2)(b). (6) The relevant person must also provide the OGA with any information that is provided (whether by the relevant person or any other person) to other persons attending the meeting, including (in particular)— (a) the agenda, and (b) any other documents relevant to the meeting. (7) That information must be provided to the OGA— (a) at the same time as it is provided to other persons attending the meeting, or (b) if it not possible for the relevant person to provide it to the OGA at that time, as soon after that time as is reasonably practicable. (8) Subsection (6) does not require the relevant person to provide the OGA with information that does not relate to relevant issues. (9) The information required under subsections (2), (5) and (6), and any explanation provided under subsection (4), must be provided to the OGA in such manner as may be required by a notice given by the OGA. (10) The requirements imposed by this section are sanctionable in accordance with Chapter 5.

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