Part 2
Electricity industry governance
Monitoring and enforcement:
Code enforcement
56Pecuniary penalty orders
The Rulings Panel may make a pecuniary penalty order under section 54(1)(d) only on an application by the Authority.
In determining whether to make a pecuniary penalty order and, if so, the amount of the order, the Rulings Panel must consider the seriousness of the breach of the Code, having regard to the following:
- the severity of the breach:
- the impact of the breach on other industry participants:
- the extent to which the breach was inadvertent, negligent, deliberate, or otherwise:
- the circumstances in which the breach occurred:
- any previous breach of the Code by the industry participant or specified person:
- whether the industry participant or specified person disclosed the matter to the Authority:
- the length of time the breach remained unresolved:
- the participant’s or specified person’s actions on learning of the breach:
- any benefit that the participant or specified person obtained, or expected to obtain, as a result of the breach:
- the impact of the penalty on the participant or specified person and on the electricity industry:
- any other matters that the Rulings Panel thinks fit.
Compare
- SR 2003/374 r 109
Notes
- Section 56(2)(e): amended, on , by section 62(1) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 56(2)(f): amended, on , by section 62(1) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 56(2)(h): amended, on , by section 62(2) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 56(2)(i): amended, on , by section 62(3) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 56(2)(ia): inserted, on , by section 25 of the Electricity Industry Amendment Act 2022 (2022 No 46).
- Section 56(2)(ia): amended, on , by section 62(3) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).