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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Electricity and Gas (Determination of Turnover for Penalties) Order (Northern Ireland) 2005 No. 287 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050287.html |
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| Made | 7th June 2005 | ||
| To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000 | |||
| Coming into operation | 20th July 2005 |
Determination of turnover for the purposes of Article 45(9) of the Energy Order
3.
- (1) Subject to paragraphs (2) to (4), for the purposes of Article 45(9) of the Energy Order the turnover of the licence holder shall be the applicable turnover for the business year preceding the date of the notice.
(2) Where the business year preceding the date of the notice does not equal 12 months the turnover shall be the amount which bears the same proportion to the applicable turnover during that business year as 12 months does to the period of that business year.
(3) Where there is no preceding business year the turnover shall be the applicable turnover of the licence holder for the period of 12 months ending on the last day of the month preceding the month in which the date of the notice falls.
(4) Where in the application of paragraph (3) the licence holder has applicable turnover for a period of less than 12 months the turnover shall be the amount which bears the same proportion to the applicable turnover during the period for which he has applicable turnover as 12 months does to that period.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on
7th June 2005.
L.S.
Jenny Pyper
A senior officer of the Department of Enterprise, Trade and Investment
the Authority may impose on the licence holder a penalty of such amount as is reasonable in all the circumstances of the case but not exceeding 10 per cent of the turnover of the licence holder.
This Order makes provision for the determination of the turnover of the licence holder for those purposes.
A regulatory impact assessment was carried out on the parent legislation (the Energy Order) and is available and can be obtained from Energy Division, Department of Enterprise, Trade and Investment, Netherleigh, Massey Avenue, Belfast, BT4 2JP.
[2] The Authority was established under Article 3(1) of the Energy (Northern Ireland) Order 2003back