Energy (Miscellaneous Provisions) Act, 1995
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Restriction on exercise of powers under section 12 . |
13.—(1) In this section— | |
“accident or incident” means an accident or incident referred to in section 12 ; | ||
“tribunal to which this section applies” means a tribunal to which the Tribunals of Inquiry (Evidence) Act, 1921 , is applied under section 1 of that Act. | ||
(2) Without prejudice to subsection (3), where in relation to a particular accident or incident there stands vested in a person, other than the Minister, a power under any enactment to cause to be carried out an investigation or an inquiry to be held, the Minister shall, before deciding to exercise his or her power under section 12 in relation to the accident or incident, ascertain whether that person proposes to exercise the said power in relation thereto and if that person proposes so to exercise the said power and the Minister is satisfied that the results of the investigation or inquiry will provide sufficient information and facts as respects the matters concerned the Minister shall not exercise his or her power under section 12 in relation to the accident or incident unless at any subsequent time (whether before or after the completion of the investigation or inquiry) it appears to him or her that sufficient information and facts as respects the matters concerned will not be provided or have not been provided, as the case may be, by the investigation or inquiry. | ||
(3) The Minister shall not exercise his or her power under section 12 in relation to an accident or incident that is for the time being the subject of an inquiry by a tribunal to which this section applies. |