Compliance with Directions given under section 2 of the Energy Act 1976 may entail contravention of provisions made by or under another enactment etc. DECC legal opinion is that in such cases the Courts would be likely to hold that the direction prevailed over those other provisions.
Section 4(1) provides that a person supplying or using a substance mentioned in section 1(1) may, if authorised to do so by the Secretary of State by any general or special authority granted for the purpose, and while acting in accordance with that authority, disregard or fall short in discharging any obligation imposed by or under any enactment, or any contractual obligation, relating to or involving the supply or use of that substance.
During an emergency it may not be possible for the Department to readily identify the relevant situations and to decide whether or not to grant such an authority. Those who feel themselves to be placed in such a situation may wish to request the grant of an appropriate authority.
