Section 6CA: Power to require information, Electricity Act 1989

Tender regulations may include provision authorising a person to whom subsection (2) applies ("P"), by notice given to another person (an "information notice"), to require the other person to provide relevant information to P.

This subsection applies to—

the Authority;

a delivery body;

a contract counterparty.

"Relevant information" means information that P reasonably requires for the purposes of or in connection with the exercise of P's functions.

References in this section to the Authority include a person appointed by the Authority by virtue of section 6C(4)(c), where the information sought relates to a function conferred by virtue of section 6C(4)(b) (review of activities of delivery body).

Provision made by virtue of subsection (1) must require an information notice—

to specify or describe the information sought, and

to specify the time by which the information must be provided.

Provision made by virtue of subsection (1) may include provision—

for an information notice and information obtained in pursuance of it to be shared with the Authority, where the notice is given by a person other than the Authority;

for the classification and protection of confidential or sensitive information;

for the enforcement by the Authority of a requirement to provide information in pursuance of an information notice;

for the amount of any financial penalty imposed on a person by virtue of paragraph (c) to be determined by the Authority in accordance with tender regulations.

Where by virtue of subsection (6)(c) tender regulations provide for the imposition of a financial penalty, they must also include provision for a right of appeal against the imposition of the penalty.

Section 6CA: Power to require information

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