Energy Act 2023

Final and provisional orders

38 (1) Regulations made by virtue of paragraph 37(2) may, in particular—

(a) provide for the confirmation of a provisional order;

(b) make provision about procedure;

(c) provide for the grounds on which an order may be challenged in legal proceedings, the time within which it may be challenged and the remedies that may be given;

(d) specify how an order may be enforced (including by providing for non-compliance with an order to be a breach of duty);

(e) make provision enabling the Regulator to accept an enforcement undertaking from a relevant person and about the consequences of accepting such an undertaking.

(2) An “enforcement undertaking” is an undertaking to take, within the period specified in the undertaking, such action as may be so specified to secure compliance with a relevant condition or requirement.

(3) Except as provided by the regulations, the validity of an order made by virtue of paragraph 37(2)(a) or (b) is not to be questioned in any legal proceedings.