Section 3 (1) of the Energy Act 1976 provides that Her Majesty may by Order in Council declare the powers in sections 1 and 2 exercisable to their fullest extent because either they are (a) required for the implementation of obligations arising from the UK being a member of the EC etc. to take emergency measures in connection with the reduction or threatened reduction of fuel supplies or (b) there exists or is imminent in the UK an actual or threatened emergency affecting fuel or electricity supplies.
Subsection (2) provides that an Order made by virtue of (b) in subsection (1) will expire after 28 days if not approved by resolution by both Houses of Parliament.
Subsection (3) provides that an Order under subsection (1) may be revoked by a subsequent Order declaring Her Majesty’s opinion that the circumstances which led to the making of the earlier Order no longer obtain.
Subsection (4) provides that an Order made by virtue of subsection (1)(b) shall cease to be in force after 12 months unless both Houses of Parliament have resolved that it be continued for a further period of 12 months.
Subsection (5) provides that an Order may be continued in force under subsection (4) for further periods of 12 months.