Part 12Core fuel sector resilience
Chapter 3Enforcement
Guidance
I1I3285Guidance: criminal and civil sanctions
1
The Secretary of State must issue guidance as to—
a
the sanctions (including criminal sanctions) to which a person who commits an offence under this Part may be liable,
b
the action which the Secretary of State may take to enforce offences under this Part, whether by virtue of section 284 and Schedule 20 or otherwise, and
c
the circumstances in which the Secretary of State is likely to take any such action.
2
The Secretary of State—
a
must issue guidance about how the Secretary of State intends to exercise the Secretary of State’s functions under section 284 and Schedule 20;
b
must have regard to the guidance in exercising the Secretary of State’s functions under those provisions.
3
Before issuing guidance under this section, the Secretary of State must—
a
prepare a draft of the proposed guidance;
b
consult such persons as the Secretary of State considers appropriate;
c
comply with the requirements of section 286.
4
The Secretary of State may from time to time revise guidance issued under this section and issue revised guidance.
5
Subsection (3) applies to revised guidance as it applies to the original guidance.
6
The Secretary of State must arrange for the publication of guidance (or revised guidance) issued under this section.
I2I4286Guidance: Parliamentary scrutiny
1
Before issuing guidance under section 285, the Secretary of State must lay a draft of the proposed guidance before both Houses of Parliament.
2
The Secretary of State must not issue the guidance until after the period of 40 days beginning with—
a
the day on which the draft is laid before both Houses of Parliament, or
b
if the draft is laid before the House of Lords on one day and the House of Commons on another, the later of those two days.
3
If before the end of that period either House resolves that the guidance should not be issued, the Secretary of State may not issue it.
4
In reckoning any period of 40 days for the purposes of subsection (2), no account is to be taken of any time during which—
a
Parliament is dissolved or prorogued, or
b
both Houses are adjourned for more than four days.