Comprehensive guidance is also available in Help Documentation on the left hand side menu on the SITREP page of the Portal

See Also:

https://www.gov.uk/preparing-for-and-responding-to-energy-emergencies#upstream-oil-and-gas

13. ENERGY ACT 1976

Order in Council

1. 
   If there is a domestic incident (caused by civil disruption or an offshore supply failure) which is likely to result in “an actual or threatened emergency affecting fuel or electricity supplies” in the UK, then an Order in Council under section 3 of the Energy Act 1976 may be made giving the Secretary of State exceptional powers for “controlling the sources and availability of energy”.
   
2. 
   Such an Order may also be made, if necessary, to implement the UK’s international obligations under EU law or IEA arrangements (e.g. as a result of global fuel supply shortages following an international crisis of some kind).
   

55. 
    Provided that any scenario was sufficiently serious to trigger the making of an Order in Council, the full powers of the Secretary of State (set out in sections 1 and 2 of the Energy Act 1976) to make Orders and give Directions regulating or prohibiting the production, supply, acquisition or use of crude oil, gas and petroleum products would become available. The Energy Act 1976 also allows action outside emergencies to regulate the use of energy for conservation purposes, and the price of fuel products (but not crude oil).
    
56. 
    The Energy Act 1976 provides wide ranging powers to make Orders of general application (subject to positive Parliamentary procedure) and specific Directions to particular persons (including companies). These Orders lapse after 28 sitting (Parliament) days if Parliament has not approved the Order in Council. Directions are no longer of any effect when an Order in Council has ceased to be in force.
    
57. 
    While an Order in Council is in force, the Secretary of State may also authorise anyone supplying or using a relevant fuel to disregard a statutory or contractual obligation relating to or involving the supply of fuel. An Order in Council may modify or exclude a statutory obligation which directly or indirectly affects the supply or use of fuel.
    
58. 
    The powers, where conferred on "the Secretary of State", may be exercised by any one of Her Majesty's Principal Secretaries of State. In practice it is likely to be the Secretary of State for Energy and Climate Change (or one of his Ministers or officials) who would exercise the powers. Schedule 2 to the Energy Act 1976 enables various other people to be designated or authorised by the Secretary of State in relation to the following matters: the relaxation of road traffic and transport laws; powers relating to the obtaining of information and documents; entry with warrant; and price control enforcement.
    
59. 
    The Energy Act 1976 creates offences of breaching the requirements of Orders or Directions without reasonable excuse, wilfully obstructing them or giving false information or holding false documents without lawful excuse. Penalties can rise if an Order under section 1 so provides to unlimited fines or 2 years imprisonment.
    
60. 
    The Secretary of State only has limited powers when there is no Order in Council in place.
    
61. 
    In the event of a crisis, an Order in Council will be raised and passed through Parliament to be able to take specific strategic action and issue Directions. The length of time an Order is able to remain in force is subject to the terms of section 3.
    

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