Energy Bill (HL Bill 30)

(3) The Authority may revise its statement of policy and, where it does
so, must publish the revised statement.

(4) Publication under this section is to be in such manner as the
Authority considers appropriate for the purpose of bringing the
5matters contained in the statement of policy to the attention of
persons likely to be affected by them.

(5) The Authority must consult such persons as it considers appropriate
when preparing or revising its statement of policy.

27K Time limits for making consumer redress orders

(1) 10Where no final or provisional order has been made in relation to a
contravention, the Authority may not give a consumer redress order
in respect of the contravention later than the end of the period of 5
years from the time of the contravention.

(2) Subsection (1) does not apply if before the end of that period—

(a) 15the notice under section 27I(1) relating to the order is served
on the regulated person, or

(b) a notice relating to the contravention is served on the
regulated person under section 28(2).

(3) Where a final or provisional order has been made in relation to a
20contravention, the Authority may give a consumer redress order in
respect of the contravention only if the notice relating to the
consumer redress order under section 27I(1) is served on the
regulated person—

(a) within 3 months from the confirmation of the provisional
25order or the making of the final order, or

(b) where the provisional order is not confirmed, within 6
months from the making of the provisional order.

27L Enforcement of consumer redress orders

(1) Compliance with a consumer redress order is enforceable by civil
30proceedings by the Authority—

(a) for an injunction or interdict,

(b) for specific performance of a statutory duty under section 45
of the Court of Session Act 1988, or

(c) for any other appropriate remedy or relief.

(2) 35Proceedings under subsection (1) are to be brought—

(a) in England and Wales, in the High Court, or

(b) in Scotland, in the Court of Session.

(3) The obligation of a regulated person to comply with a consumer
redress order is a duty owed to any person who may be affected by
40a contravention of the order.

(4) Without limiting the Authority’s right to bring civil proceedings
under subsection (1), a duty owed to any person (“P”) by virtue of
subsection (3) may be enforced by civil proceedings by P for any
appropriate remedy or relief.

(5) For the purposes of subsection (4), the duty owed to P may in
particular be enforced by P as if it were contained in a contract
between P and the regulated person who owes the duty.

27M Appeals against consumer redress orders

(1) 5A regulated person in respect of whom a consumer redress order is
made may make an application to the court under this section if the
person is aggrieved by—

(a) the making of the order, or

(b) any requirement imposed by the order.

(2) 10An application under subsection (1) must be made within 42 days
from the date of service on the regulated person of a copy of the
order under section 27G(4)(a).

(3) On an application under subsection (1) the court may—

(a) quash the order or any provision of the order, or

(b) 15vary any such provision in such manner as the court
considers appropriate.

(4) The court may exercise the powers under subsection (3) only if it
considers it appropriate to do so in all the circumstances of the case
and is satisfied of one or more of the following grounds—

(a) 20that the making of the order was not within the power of the
Authority under section 27G;

(b) that any of the requirements under sections 27G(4) and 27I
have not been complied with in relation to the making of the
order and the interests of the regulated person have been
25substantially prejudiced by the non-compliance;

(c) that it was unreasonable of the Authority to require
something to be done under the order (whether at all or in
accordance with the provisions of the order).

(5) If an application is made under this section in relation to a consumer
30redress order, a requirement imposed by the order does not need to
be carried out in accordance with the order until the application has
been determined.

(6) Where the court substitutes a lesser amount of compensation for an
amount required by the Authority in a consumer redress order, it
35may require the payment of interest on the substituted amount at
such rate, and from such date, as it considers just and equitable.

(7) Where the court specifies as a date by which any compensation
under a consumer redress order is to be paid a date before the
determination of the application under this section, it may require
40the payment of interest on the amount from that date at such rate as
it considers just and equitable.

(8) Except as provided by this section, the validity of a consumer redress
order is not to be questioned by any legal proceedings whatever.

(9) In this section “the court” means—

(a) 45in relation to England and Wales, the High Court;

(b) in relation to Scotland, the Court of Session.

27N Consumer redress orders: miscellaneous

(1) If—

(a) compensation is required to be paid under a consumer
redress order, and

(b) 5it is not paid by the date by which it is required to be paid in
accordance with the order,

the unpaid balance from time to time carries interest at the rate for
the time being specified in section 17 of the Judgments Act 1838.

(2) The Authority may not make a consumer redress order where it is
10satisfied that the most appropriate way of proceeding is under the
Competition Act 1998.

(3) The Authority’s power to make a consumer redress order as a result
of a contravention of a relevant condition or requirement is not to be
taken as limiting the Authority’s power to impose a penalty under
15section 27A in relation to the same contravention (whether instead
of, or in addition to, making a consumer redress order).

(4) The power of the Authority to make a consumer redress order is not
exercisable in respect of any contravention before the coming into
force of Schedule 14 to the Energy Act 2013.

27O 20Maximum amount of penalty or compensation

(1) The maximum amount of penalty that may be imposed on a
regulated person in respect of a contravention may not exceed 10 per
cent of the person’s turnover.

(2) The maximum amount of compensation that a regulated person may
25be required to pay in respect of a contravention may not exceed 10
per cent of the person’s turnover.

(3) Subsections (1) and (2) are subject to subsection (4) if, in respect of a
contravention, both a penalty is imposed and compensation is
required to be paid.

(4) 30The maximum amount in total of the penalty and compensation
combined in respect of the contravention may not exceed 10 per cent
of the turnover of the regulated person.

(5) The Secretary of State may by order provide for how a person’s
turnover is to be determined for the purposes of this section.

(6) 35An order under subsection (5) may make different provision for
penalties and compensation.

(7) An order under subsection (5) shall not be made unless a draft of the
instrument containing it has been laid before and approved by a
resolution of each House of Parliament.

(8) 40In this section—

• “compensation” means compensation that a regulated person is
  required to pay by a consumer redress order;

• “penalty” means a penalty imposed on a regulated person
  under section 27A.”

(3) In section 27A (penalties), for subsections (8) and (9) substitute—

“(8A) This section is subject to section 27O (maximum amount of penalty
or compensation that may be imposed).”

(4) In the title of section 27E, after “Appeals” insert “against penalties”.

(5) 5In section 28 (power to require information), in subsection (1) for “27F”
substitute “27O”.

(6) In section 106 (regulations and orders), in subsection (2)(b) for “27A”
substitute “27O”.

(7) An order under section 27A(8) of EA 1989 that is in force immediately before
10the coming into force of this paragraph—

(a) is, on the coming into force of this paragraph, to have effect as if
made in accordance with section 27O(5) of that Act (as inserted by
this paragraph), and

(b) is to be taken as applying in relation to a requirement to pay
15compensation imposed by a consumer redress order made under
section 27G of that Act (as inserted by this paragraph) as it applies in
relation to a penalty imposed under section 27A of that Act.