Commentary on Sections Part 2: Security of Energy Supplies Chapter 3: Upstream Petroleum Infrastructure Section 88: Enforcement
247.This section provides for the enforcement of the requirements imposed in this Chapter.
248.Subsections (1) to (3) create a new offence, for the giving of false information to the Secretary of State for the purpose of influencing the exercise of his functions under this Chapter. This offence can be committed either when a person knows or believes the information in question is false, or is reckless as to whether the information is false. A person guilty of such an offence is liable to a fine not exceeding level five on the standard scale (currently £5000 in England, Wales and Scotland).
249.Subsections (4) to (6) make related provision for proceedings, and for offences by bodies corporate, in relation to that offence.
250.Subsection (7) provides that the duty of a person to comply with an access notice or a modification notice is a duty owed to any person who may be affected by a failure to comply with it.
251.Subsection (8) provides that any such duty may be enforced by a person to whom it is owed, as if it were a contractual right.
252.Subsection (9) provides that the duty of a person to comply with an information request under section 87 is enforceable by civil proceedings by the Secretary of State.