§ 57 — Step-in order

57.—(1) The Minister may make an order under this section (called a step‑in order) if the licence of a designated licensee is suspended in its entirety, revoked or surrendered, and on receipt of the written advice from the LTA of its opinion that it is necessary to take over some or all of the operations of the designated licensee to ensure that the designated licensee’s customers receive an adequate provision of EV charging services.(2) Before a step‑in order is made under this section, the Minister must give the designated licensee concerned a reasonable opportunity to make submissions in respect of the proposed step‑in order.

(3) A step‑in order —(a)

authorises a step‑in operator chosen by the LTA to take over, the operations of the designated licensee concerned, or a specified part of those operations;

(b)

may appoint, or order the designated licensee concerned to appoint, a person to advise the designated licensee in the proper conduct of its business;

(c)

may specify that —(i)

the step‑in operator has such functions and powers in relation to the operations of the designated licensee concerned as are specified in the order;

(ii)

the designated licensee concerned is to stop providing EV charging services to specified customers on and from a specified date; and

(iii)

the step‑in operator must have access to, and take control of, the EV chargers or premises or other assets and other property, including the charger management software, any software used to manage the supply of electricity to the EV chargers, intellectual property, licences and employees, used or required by the designated licensee for the purposes of carrying on the operations specified in the order; and

(d)

may contain ancillary directions that may —(i)

direct how the costs of providing the EV charging service, and revenue generated from the provision of that service, are to be dealt with;

(ii)

fix the remuneration and expenses to be paid by a designated licensee to any person appointed by the Minister under paragraph (b) to advise the designated licensee in the proper conduct of its business;

(iii)

specify the period for which the step‑in order under subsection (1) applies, such period being not more than 12 months starting on the date that the step‑in order is made; and

(iv)

specify any other conditions that may apply.

(4) Any decision of the Minister under subsection (1) is final.

(5) A step‑in order operates to the exclusion of rights that are inconsistent with the step‑in order.

(6) The designated licensee concerned —(a)

must facilitate the handover of the operations to the step‑in operator as specified in the order;

(b)

must not obstruct the step‑in operator’s access to property or the exercise by the step‑in operator of the step‑in operator’s responsibilities under this section; and

(c)

must comply with reasonable directions given by the step‑in operator in the exercise of the step‑in operator’s responsibilities under this section.

(7) The designated licensee which fails to comply with subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.

—(1) The Minister may make an order under this section (called a step‑in order) if the licence of a designated licensee is suspended in its entirety, revoked or surrendered, and on receipt of the written advice from the LTA of its opinion that it is necessary to take over some or all of the operations of the designated licensee to ensure that the designated licensee’s customers receive an adequate provision of EV charging services.

(2) Before a step‑in order is made under this section, the Minister must give the designated licensee concerned a reasonable opportunity to make submissions in respect of the proposed step‑in order.

(3) A step‑in order —(a)

authorises a step‑in operator chosen by the LTA to take over, the operations of the designated licensee concerned, or a specified part of those operations;

(b)

may appoint, or order the designated licensee concerned to appoint, a person to advise the designated licensee in the proper conduct of its business;

(c)

may specify that —(i)

the step‑in operator has such functions and powers in relation to the operations of the designated licensee concerned as are specified in the order;

(ii)

the designated licensee concerned is to stop providing EV charging services to specified customers on and from a specified date; and

(iii)

the step‑in operator must have access to, and take control of, the EV chargers or premises or other assets and other property, including the charger management software, any software used to manage the supply of electricity to the EV chargers, intellectual property, licences and employees, used or required by the designated licensee for the purposes of carrying on the operations specified in the order; and

(d)

may contain ancillary directions that may —(i)

direct how the costs of providing the EV charging service, and revenue generated from the provision of that service, are to be dealt with;

(ii)

fix the remuneration and expenses to be paid by a designated licensee to any person appointed by the Minister under paragraph (b) to advise the designated licensee in the proper conduct of its business;

(iii)

specify the period for which the step‑in order under subsection (1) applies, such period being not more than 12 months starting on the date that the step‑in order is made; and

(iv)

specify any other conditions that may apply.

(4) Any decision of the Minister under subsection (1) is final.

(5) A step‑in order operates to the exclusion of rights that are inconsistent with the step‑in order.

(6) The designated licensee concerned —(a)

must facilitate the handover of the operations to the step‑in operator as specified in the order;

(b)

must not obstruct the step‑in operator’s access to property or the exercise by the step‑in operator of the step‑in operator’s responsibilities under this section; and

(c)

must comply with reasonable directions given by the step‑in operator in the exercise of the step‑in operator’s responsibilities under this section.

(7) The designated licensee which fails to comply with subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.