PART 2Electricity Market Reform
CHAPTER 9Miscellaneous
63Exemption from liability in damages
1
The Secretary of State may include in regulations under section 6 or 27, or under paragraph 6 of Schedule 2, provision that—
a
the national system operator,
b
any director of the national system operator, or
c
any employee, officer or agent of the national system operator,
is not liable in damages for anything done or omitted in the exercise or purported exercise of a relevant function specified in the regulations.
2
A relevant function is a function conferred by or by virtue of Chapter 2, 3 or 4.
3
Provision made by virtue of subsection (1) may not exempt a person from liability for an act or omission which—
a
is shown to be in bad faith;
b
is unlawful by virtue of section 6(1) of the Human Rights Act 1998 (public authorities not to act incompatibly with convention rights);
c
is a breach of a duty owed by virtue of section 27(4) of EA 1989 (compliance with final or provisional order under that Act).
4
Whenever—
a
the Secretary of State makes or revokes regulations of a kind mentioned in subsection (1) or exercises a modification power under section 26 or 37 or paragraph 19 of Schedule 2, and
b
provision is not in force under subsection (1) in respect of a relevant function,
the Secretary of State must publish a statement of the reasons why no such provision is in force.
5
In this section “national system operator” means the person operating the national transmission system for Great Britain (and for this purpose “transmission system” has the same meaning as in EA 1989 - see section 4(4) of that Act).