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Change 1
As published
63 Exemption from liability in damages
(1) The Secretary of State may include in regulations under section 6 or 27, or under paragraph 6 of Schedule 2, provision that—
(a) the national system operator,
(b) any director of the national system operator, or
(c) any employee, officer or agent of the national system operator,
is not liable in damages for anything done or omitted in the exercise or purported exercise of a relevant function specified in the regulations.
(2) A relevant function is a function conferred by or by virtue of Chapter 2, 3 or 4.
(3) Provision made by virtue of subsection (1) may not exempt a person from liability for an act or omission which—
(a) is shown to be in bad faith;
(b) is unlawful by virtue of section 6(1) of the Human Rights Act 1998 (public authorities not to act incompatibly with convention rights);
(c) is a breach of a duty owed by virtue of section 27(4) of EA 1989 (compliance with final or provisional order under that Act).
(4) Whenever—
(a) the Secretary of State makes or revokes regulations of a kind mentioned in subsection (1) or exercises a modification power under section 26 or 37 or paragraph 19 of Schedule 2, and
(b) provision is not in force under subsection (1) in respect of a relevant function,
the Secretary of State must publish a statement of the reasons why no such provision is in force.
(5) In this section “national system operator” means the person designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.
Your change, as a redline
63 Exemption from liability in damages
(1) The Secretary of State may include in regulations under section 6 or 27, or under paragraph 6 of Schedule 2, provision that—
(a) the national system operator,
(b) any director of the national system operator, or
(c) any employee, officer or agent of the national system operator,
is not liable in damages for anything done or omitted in the exercise or purported exercise of a relevant function specified in the regulations.
(2) A relevant function is a function conferred by or by virtue of Chapter 2, 3 or 4.
(3) Provision made by virtue of subsection (1) may not exempt a person from liability for an act or omission which—
(a) is shown to be in bad faith;
(b) is unlawful by virtue of section 6(1) of the Human Rights Act 1998 (public authorities not to act incompatibly with convention rights);
(c) is a breach of a duty owed by virtue of section 27(4) of EA 1989 (compliance with final or provisional order under that Act).
(4) Whenever—
(a) the Secretary of State makes or revokes regulations of a kind mentioned in subsection (1) or exercises a modification power under section 26 or 37 or paragraph 19 of Schedule 2, and
(b) provision is not in force under subsection (1) in respect of a relevant function,
the Secretary of State must publish a statement of the reasons why no such provision is in force.
(5) In this section “national system operator” means the person designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.
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