48Power to take over operations

48 Power to take over operations

(1)  If –

(a) an electricity entity contravenes this Act, or an electricity entity's licence is cancelled or expires without renewal; and

(b) it is necessary, in the Regulator's opinion, to take over the entity's operations (or some of them) to ensure that the entity's customers receive an adequate supply of electricity –

the Governor may make an order under this section.

(2)  Before an order is made under this section, the Regulator must give the electricity entity a reasonable opportunity to make written representations giving reasons why the order should not be made.

(3)  An order under this section –

(a) authorises the Regulator to take over the electricity entity's operations or a specified part of the electricity entity's operations; and

(b) may contain ancillary directions (and may, in particular, contain directions about how the costs of carrying on the operations, and revenue generated from the operations, are to be dealt with).

(4)  A direction under subsection (3) (b) operates to the exclusion of rights that are inconsistent with it.