Decisions about enforcement action are taken by the Gas and Electricity Markets Authority. However, the Authority will normally delegate its decision making powers to an Ofgem Managing Director in relation to cases where it is likely that a low penalty will be appropriate, or that no penalty will be imposed. Such cases may be referred back to the Authority for a decision on policy grounds.
The Authority's powers are provided for under the Gas Act 1986, the Electricity Act 1989, the Utilities Act 2000, the Competition Act 1998 and the Enterprise Act 2002.