56Declaration of failure of essential service provider

#### 56 Declaration of failure of essential service provider 56 Declaration of failure of essential service provider > > (1) The Minister may, by order published in the Gazette, declare an essential service provider has failed if no other arrangement is in place for the continued provision of the service under this Act and the Minister is satisfied— > > > > > (a) the essential service provider has ceased or is about to cease providing an essential service, or > > > > > (b) an insolvency official has been appointed for the essential service provider or the whole or part of the property of the essential service provider, or > > > > > (c) an order has been made for the winding-up of the essential service provider or a resolution has been passed for the winding-up of the essential service provider, or > > > > > (d) other criteria specified in the regulations, if any, have been met. > > > (2) The order must specify the following— > > > > > (a) the scheme affected by the failure, > > > > > (b) the reason for the declaration, > > > > > (c) the essential service provider who is declared to have failed (the failed licensee), > > > > > (d) the last resort provider who is to replace the failed licensee for the provision of the essential service, > > > > > (e) the date, or the way of fixing the date, that is to be the transfer date of the failure, which must not be a date before the date of publication of the order. > > > (3) A single order may relate to more than one essential service and, if it does, this Division applies separately to each essential service to which the order relates. > > > (4) The Minister must ensure a copy of the order is given to— > > > > > (a) the failed licensee, and > > > > > (b) the last resort provider, and > > > > > (c) other providers or last resort providers of the essential service. > > > (5) The Minister must ensure the order is made available on IPART’s website. > > **s 56:** Rep 2021 No 26, Sch 1\[19\]. Ins 2021 No 26, Sch 1\[20\].