Cap. 610 · Wholesale Energy Market Integrity And (Cap. 610)
Cap. 610 Art. 7Powers to give certain orders and to request a temporary prohibition of professional activity. Cap. 545. 8 [
(1) Without prejudice to any powers of the
Regulator arising under any other law, in the exercise and for the purposes of his functions and powers under this article and for the better implementation thereof, the Regulator shall have the power to issue such orders by notice in writing, which shall take the form of a decision as he may deem appropriate, and any person to whom the order is given shall comply with and otherwise give effect to any such order promptly or within the time and in the manner otherwise stated in the order.
(2) A decision by the Regulator under this article may require anything to be done or be omitted to be done, or impose any prohibition, restriction or limitation, or any other requirement, and confer powers, with respect to any transaction or other act, or to any assets, or to any other thing whatsoever. Without prejudice to the generality of the aforesaid, an order may require the cessation of any practice that is contrary to the provisions of Regulation (EU) No.
1227/2011, the Regulator for Energy and Water Services Act and of this Act.
(3) The power to issue decisions under this article shall include the power to vary, alter, add to or withdraw any such order, as TRANSPARENCY (ENFORCEMENT POWERS) CAP.610.
well as the power to issue new or further orders.
(4) Without prejudice to the generality of the aforesaid, the Regulator may request the Court of Magistrates by means of an application to issue an order imposing on a person a temporary prohibition of professional activity. The application of the Regulator shall be acceded to, if the Court is satisfied -
(a) that there is a reasonable likelihood that any person will fail to comply with the Remit Regulation; or
(b) that any person is failing or has failed to comply with the Remit Regulation and that there is a reasonable likelihood that the failure to comply will continue or be repeated; or
(c) that there is a reasonable likelihood that any person will fail to comply with a requirement imposed by or under this Act; or
(d) that any person is failing or has failed to comply with a requirement imposed by or under this Act and that there is a reasonable likelihood that the failure to comply will continue or be repeated.
(5) Where under any of the provisions of any decision or order issued pursuant to this article, a person is prohibited from carrying out any act, he shall be prohibited from doing any such act directly or indirectly, whether personally or through the use of intermediation of another person.
(6) For the better information of the public, where the Regulator is satisfied that the circumstances so warrant, it may at any time:
(a) make public any decision it has given under any of the provisions of this article; and, or
(b) issue a public statement regarding any matter falling within its functions or powers under this Act.
(7) A person who feels aggrieved by a decision of the Regulator served on him in terms of this article may appeal to the Tribunal and in the case of an order issued under sub-article (4) to the Court of Appeal (Inferior Jurisdiction).