Energy Act 2008
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Change 1
10 OGA's power of direction
(1) This section applies if a licence holder fails to comply with any provision of the licence. (2) The OGA may direct the licence holder to take steps which the OGA considers necessary or appropriate to comply with the provision within a period specified in the direction. (3) The OGA must consult the licence holder before giving a direction under subsection (2). (4) If the licence holder fails to comply with a direction under subsection (2), the OGA may— (a) comply with the direction on behalf of the licence holder, or (b) make arrangements for another person to do so. (5) A person taking action by virtue of subsection (4) may— (a) do anything which the licence holder could have done, and (b) recover from the licence holder any reasonable costs incurred in taking the action. (6) A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment. (7) The rate of interest payable in accordance with subsection (6) is a rate determined by the OGA as comparable with commercial rates. (8) The licence holder must provide a person taking action by virtue of subsection (4) with such assistance as the OGA may direct. (9) The power to give a direction under this section is without prejudice to any provision made in the licence with regard to the enforcement of any of its provisions.
10 OGA's power of direction
(1) This section applies if a licence holder fails to comply with any provision of the licence. (2) The OGA may direct the licence holder to take steps which the OGA considers necessary or appropriate to comply with the provision within a period specified in the direction. (3) The OGA must consult the licence holder before giving a direction under subsection (2). (4) If the licence holder fails to comply with a direction under subsection (2), the OGA may— (a) comply with the direction on behalf of the licence holder, or (b) make arrangements for another person to do so. (5) A person taking action by virtue of subsection (4) may— (a) do anything which the licence holder could have done, and (b) recover from the licence holder any reasonable costs incurred in taking the action. (6) A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment. (7) The rate of interest payable in accordance with subsection (6) is a rate determined by the OGA as comparable with commercial rates. (8) The licence holder must provide a person taking action by virtue of subsection (4) with such assistance as the OGA may direct. (9) The power to give a direction under this section is without prejudice to any provision made in the licence with regard to the enforcement of any of its provisions.
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