Clause 48
Energy Bill
4:15 pm
Malcolm Wicks (Minister of State (Energy), Department for Business, Enterprise & Regulatory Reform; Croydon North, Labour)
I thank the hon. Gentleman. Condition B applies where the information is necessary to the Secretary of State for the purpose of deciding whether to make a proposed modification or impose an obligation that is subject to clause 44 and the full modification procedure under clause 45. If condition B applies, the Secretary of State can request the information or documentation from any of those persons who would have an obligation under the programme if the modification were to be made. If an operator fails to comply with a request for information, the Secretary of State can make an application to the High Court for an order. If the order is granted, it may require the person to take such steps as the High Court may direct in order to comply with the Secretary of State’s notice. If the person failed to comply with the court order, the normal penalties for contempt of court would apply.