PART 1 General

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) (Amendment) Regulations 2015 and come into force on 1st July 2015.

(2) These Regulations do not extend to Northern Ireland.

Interpretation

2. In these Regulations, “the REMIT Regulations” means the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013( 3 ).

PART 2 Amendments to the Utilities Act 2000

3. The Utilities Act 2000( 4 ) is amended as follows.

Annual and other reports of Authority

4. In section 5(2)—

(a) at the end of paragraph (c) omit “and”;

(b) after paragraph (c) insert—

“ (ca) a summary of final notices given by the Authority under the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013; and ” .

General restrictions on disclosure of information

5. In section 105( 5 )—

(a) in subsection (3)(a), after “Energy Act 2013” insert “, the REMIT Regulations”;

(b) in subsection (4), after paragraph (g) (but before the “or” immediately following it) insert—

“ (ga) in connection with the investigation of any failure to comply with a REMIT requirement or for the purposes of any proceedings brought under or by virtue of REMIT; ” ;

(c) in subsection (5), for paragraphs (f) and (g) substitute the following paragraph—

“ (f) the Northern Ireland Authority for Utility Regulation; ” ;

(d) in subsection (6), after paragraph (x) insert the following paragraph—

“ (y) the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations (Northern Ireland) 2013 ( 6 ) . ” ;

(e) after subsection (6) insert the following subsection—

“ (6A) If the Authority is making a decision whether to disclose information to another national regulatory authority under subsection (4)(ga), the Authority must have regard in particular to whether there are arrangements in place for the provision of mutual assistance in relation to the disclosure of information. ” ;

(f) in subsection (10)—

(i) after the definition of “licence holder” insert—

“ “national regulatory authority” has the same meaning as in REMIT; ” ;

(ii) after the definition of “relevant activities” insert the following definitions—

“ “ REMIT ” means Regulation ( EU ) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency ( 7 ) ;

“the REMIT Regulations” means the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013 ( 8 ) ;

“REMIT requirement” has the same meaning as in the REMIT Regulations. ” .

PART 3 Amendments to the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013

6. The REMIT Regulations are amended as follows.

Interpretation

7. In regulation 2, after the definition of “regulated person” insert the following definition—

“ “regulation 39 requirement” means a prohibition against publication imposed by regulation 39 on any person to whom the Authority has given or copied a warning or decision notice; ” .

REMIT requirement

8. After regulation 4(c) insert the following sub-paragraphs—

“ (ca) Article 8(1) and (5) (data collection);

(cb) Article 9(1), (4) and (5) (registration of market participants); ” .

Authority’s general functions

9. Before regulation 7 (but after the heading “Authority’s general functions”) insert the following regulation—

“ 6A. The Authority must, so far as it appears to the Authority to be appropriate, monitor the integrity and transparency of the wholesale energy market. ” .

Power of Authority to investigate

10. In regulation 10(1), for sub-paragraph (b) substitute—

“ (b) may have failed to comply with—

(i) a requirement imposed by or under regulation 8; or

(ii) a regulation 39 requirement; ” .

General restrictions on disclosure of information

11. After regulation 20 insert the following regulations—

“ General restrictions on disclosure of information

General restrictions on disclosure of information

20A. —(1)Section 105 of the Utilities Act 2000 (general restrictions on disclosure of information), apart from subsections (7) and (12), applies in relation to information obtained under or by virtue of the provisions of REMIT or these Regulations as it applies in relation to information obtained under or by virtue of the provisions of the Utilities Act 2000.

(2) Paragraph (1) does not apply to information to which Article 17 of REMIT applies.

20B. —(1) A person who fails to comply with Article 17 of REMIT is guilty of an offence.

(2) A person guilty of an offence under paragraph (1) is liable—

(a) on summary conviction—

(i) in England and Wales, to a fine; and

(ii) in Scotland, to a fine not exceeding £5,000; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both. ” .

Injunctions

12. —(1) After regulation 21(2) insert the following paragraph—

“ (2A) Paragraph (3) also applies if, on the application of the Authority, the court is satisfied—

(a) that there is a reasonable likelihood that any person will fail to comply with a regulation 39 requirement; or

(b) that any person is failing or has failed to comply with a regulation 39 requirement. ” .

(2) In regulation 21(5)(a)—

(a) at the end of paragraph (i) omit “or”;

(b) at the end of paragraph (ii), for “, and” substitute “; or”;

(c) after paragraph (ii) insert the following paragraph—

“ (iii) a regulation 39 requirement, and ” .

Power of Authority to impose penalty

13. —(1) In regulation 26(1)—

(a) at the end of sub-paragraph (a) omit “or”;

(b) at the end of sub-paragraph (b), for “,” substitute “; or”;

(c) after sub-paragraph (b) insert the following sub-paragraph—

“ (c) has failed to comply with a regulation 39 requirement, ” .

(2) In regulation 26(2), for “or a requirement imposed by or under regulation 8” substitute “, a requirement imposed by or under regulation 8 or a regulation 39 requirement”.

Statement of policy

14. —(1) In paragraphs (ii) and (iii) of regulation 27(2)(b), for “regulation 26(1)(a) or (b)” substitute “regulation 26(1)(a), (b) or (c)”.

(2) In sub-paragraphs (a) and (b) of regulation 27(3), for “or a requirement imposed by or under regulation 8” substitute “, a requirement imposed by or under regulation 8 or a regulation 39 requirement”.