sec.44Inquiry and directions about failure to comply with duty

sec.44 Inquiry and directions about failure to comply with duty

This section applies if the non-entity party does not comply with the duty under section 43 for an accepted order. The relevant entity may give the energy and water ombudsman a written report about the contravention. The entity must give the non-entity party a copy of the report as soon as practicable after it is given to the energy and water ombudsman. On receiving the report, the energy and water ombudsman may investigate the matter and give the non-entity party and the relevant entity written directions ( compliance directions ) that the ombudsman considers are appropriate to allow the entity to comply with the order. However, the energy and water ombudsman must not give compliance directions unless the non-entity party and the relevant entity have been given a reasonable opportunity to give the ombudsman oral or written submissions about the matter and the proposed directions. For subsections (4) and (5) , part 4 applies, with necessary changes, to the investigation as if it were an investigation that had started. s 44 amd 2010 No. 53 s 3 sch 1 (sec.44-ssec.1) This section applies if the non-entity party does not comply with the duty under section 43 for an accepted order. (sec.44-ssec.2) The relevant entity may give the energy and water ombudsman a written report about the contravention. (sec.44-ssec.3) The entity must give the non-entity party a copy of the report as soon as practicable after it is given to the energy and water ombudsman. (sec.44-ssec.4) On receiving the report, the energy and water ombudsman may investigate the matter and give the non-entity party and the relevant entity written directions ( compliance directions ) that the ombudsman considers are appropriate to allow the entity to comply with the order. (sec.44-ssec.5) However, the energy and water ombudsman must not give compliance directions unless the non-entity party and the relevant entity have been given a reasonable opportunity to give the ombudsman oral or written submissions about the matter and the proposed directions. (sec.44-ssec.6) For subsections (4) and (5) , part 4 applies, with necessary changes, to the investigation as if it were an investigation that had started.