Page type: primary-anchored (mirrors Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013)
REMIT Enforcement Regulations 2013
Source: si-2013-1389-remit-enforcement.md Last updated: 2026-04-05
What this instrument does
The Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013 (SI 2013/1389) give Ofgem (GEMA) its enforcement toolkit for wholesale energy market integrity under retained EU REMIT (Regulation 1227/2011). The framework is modelled on the FCA's market abuse enforcement powers under FSMA 2000.
Enforceable REMIT requirements (Reg.4)
Six retained REMIT articles are designated as enforceable: - Article 3: prohibition of insider trading in wholesale energy products - Article 4: obligation to publish inside information - Article 5: prohibition of market manipulation - Article 8: reporting of transactions to the Authority - Article 9: reporting of suspicious transactions - Article 15: specific market manipulation prohibition
Enforcement hierarchy
Information gathering. Regulated persons must record and retain wholesale energy market communications for at least 6 months in an accessible medium (Reg.8). The Authority may require information from any person during investigations (Regs.11-12), and may obtain search warrants for premises (Regs.16-19).
Civil enforcement. The Authority may impose unlimited financial penalties (Reg.26) or alternatively publish a statement of failure. Courts may grant injunctions including asset freezing and temporary prohibition of professional activity (Reg.21). Restitution may be ordered by courts (Reg.22) or required directly by the Authority (Reg.23).
Criminal proceedings. Obstruction and document falsification are offences under Reg.20. Substantive criminal offences for market abuse (insider trading, manipulation) are in the companion Criminal Sanctions Regulations 2015 (SI 2015/979).
Appeals. Penalty and restitution decisions may be referred to the Upper Tribunal (Regs.44-45).
Record retention (Reg.8)
Regulated persons (excluding individuals acting in employment) must take reasonable steps to record all communications made for the purpose of entering wholesale energy product transactions, and retain copies for at least 6 months in a format accessible to the Authority. Records must be readily accessible, and the Authority must be able to ascertain corrections and amendments.
Whistleblower protection (Reg.51)
A person who discloses information to the Authority is protected if the information gives reasonable grounds for suspecting REMIT non-compliance, came through trade, profession, business or employment, and was disclosed as soon as practicable.
Defined terms
See the source file defined terms register for 10 defined terms including "regulated person", "REMIT requirement", "wholesale energy market", and "the Authority".
Cross-references
- Legal basis: European Communities Act 1972, s.2(2)
- Substantive framework: Retained EU Regulation 1227/2011 (REMIT)
- Criminal companion: SI 2015/979 (Criminal Sanctions Regulations)
- Procedural model: FSMA 2000 (FCA enforcement framework)
- Appeal route: Upper Tribunal
- Injunction venue: High Court / Court of Session
Character positions
No character positions recorded for this instrument.