Introductory Text
PART I INTRODUCTORY
1.Title and commencement
2.Interpretation
PART II NEW REGULATORY ARRANGEMENTS
The Northern Ireland Authority for Energy Regulation
3.The Northern Ireland Authority for Energy Regulation
3A.Designation of Authority as national regulatory authority for Northern Ireland
4.Transfer to Authority of functions, property, etc. of Directors
5.Forward work programme of the Authority
6.Annual and other reports of Authority
6A.Report on activities as designated regulatory authority
6B.Decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission
7.Publication by Authority of advice and information about consumer matters
8.Powers of Authority in relation to external matters
8A.Duty on the authority to have regard to the need for consultation and co-operation with other authorities
The energy group of the General Consumer Council
9.The energy group of the General Consumer Council for Northern Ireland
10.Forward work programme of the Council
General
11.Co-operation between Authority and Council
PART III OBJECTIVES OF REGULATION OF ELECTRICITY AND GAS
Electricity
12.The principal objective and general duties of the Department and the Authority in relation to electricity
13.Exceptions from the general duties
Gas
14.The principal objective and general duties of the Department and the Authority in relation to gas
15.Exceptions from the general duties
PART IV FUNCTIONS OF THE GENERAL CONSUMER COUNCIL
16.Preliminary
17.Acquisition and review of information
18.Provision of advice and information to public authorities and other persons
19.Provision of information to consumers
20.Publication of statistical information about complaints
21.Power to publish advice and information about consumer matters
22.Consumer complaints
23.Power of Council to investigate other matters
24.Provision of information to Council
25.Publication of notice of reasons
26.Provision of information by Council to Authority
27.Articles 24 to 26: supplementary
PART V LICENCES
New kinds of licences
28.New kind of electricity transmission licence
29.Conversion of existing electricity transmission licences
30.New kind of gas conveyance licence
31.Conversion of existing gas conveyance licences
32.New standard conditions for gas conveyance licences
Conditions of licences
33.Conditions of electricity licences
34.Conditions of gas licences
35.Standard conditions of gas licences
Modification of licences following Competition Commission report
36.Modification of electricity licences following Competition Commission report
37.Modification of gas licences following Competition Commission report
38.Modification of licences: general provisions
Powers to alter licensable activities
39.Power to alter activities requiring electricity licence
40.Power to alter activities requiring gas licence
PART VI ENFORCEMENT
Introductory
41.Introductory
41A.Meaning of relevant requirement in relation to electricity
41B.Meaning of relevant requirement in relation to gas
Orders for securing compliance
42.Orders for securing compliance
43.Procedural requirements
44.Validity and effect of orders
Financial penalties
45.Financial penalties
46.Statement of policy with respect to penalties
47.Time limits on the imposition of financial penalties
48.Interest and payment of instalments
49.Appeals
50.Recovery of penalties
Power to require information
51.Power to require information
PART VII ELECTRICITY FROM RENEWABLE SOURCES
52.Obligation in connection with electricity from renewable sources
53.Orders under Article 52: supplementary
54.Green certificates
54A.Use of green certificates issued in Great Britain
54B.Amounts of electricity specified in certificates
54C.Transitional provision and savings
54D.Use of renewables obligation certificates issued in Great Britain
55.Payment as alternative to complying with order under Article 52
55A.Allocation of amounts to electricity suppliers
55B.Costs of the Authority and the Great Britain authority
55C.Information
55D.Renewables obligation order; general provision
55E.Renewables obligation orders: procedure
55EA.Renewables obligation closure order
55EB.Renewables obligation closure orders: procedure
55F.Interpretation of Articles 52 to 55F
56.Power to amend this Part
57.Non-fossil fuel obligation
58.Abolition of fossil fuel levy
58A.Modifications of licences in connection with Energy Act 2004
PART VIII MISCELLANEOUS AND SUPPLEMENTARY
Common tariff for conveyance of gas through designated pipe-lines
59.Designation of pipe-lines for purposes of common tariff
60.Modification of gas licences: common tariff for conveyance of gas through designated pipe-lines
Miscellaneous
61.Financial assistance for energy purposes
62.Reasons for decisions
63.General restrictions on disclosure of information
64.Assignment of wayleaves
Supplementary
65.Amendments, transitional and transitory provisions, savings and repeals
66.Regulations, orders and directions
67.Power to make transitional, consequential and saving provisions
SCHEDULES
SCHEDULE 1
THE NORTHERN IRELAND AUTHORITY FOR ENERGY REGULATION
Membership
1.(1) The Authority shall consist of— (a) a chairman; and (b) not fewer than three...
Terms of appointment, remuneration, pensions, etc.
2.(1) Subject to this Schedule, the chairman and other members shall hold and vacate office...
2A.A person holding office as chairman or other member shall not— (a) carry out any...
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3.(1) An appointment of a person to hold office as chairman or other member shall...
4.(1) The Authority shall pay to the chairman and other members such remuneration, and such...
Staff
5.The Authority may, with the approval of the Department of Finance and Personnel of Finance...
Committees
6.(1) The Authority may establish committees and any committee of the Authority may establish sub-committees....
Proceedings, etc.
7.(1) The Authority may regulate its own procedure (including quorum). (2) The Authority shall consult...
8.(1) The application of the seal of the Authority shall be authenticated by the signature...
Performance of functions
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9.(1) Anything authorised or required to be done by the Authority may be done by—...
Rule-making authority
10.. . . . . . . . . . . . . . ....
Supplementary powers
11.(1) The Authority has power to do anything which is calculated to facilitate, or is...
Assembly disqualification
12.. . . . . . . . . . . . . . ....
Assembly Ombudsman
13.. . . . . . . . . . . . . . ....
SCHEDULE 2
ORDERS ALTERING LICENSABLE ACTIVITIES
Introductory
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1.(1) In this Schedule references to an order are to an order under Article 39...
Application by Authority for order including new activities
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2.(1) If the Authority proposes to make an application for an order providing for activities...
References to Competition Commission
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3.(1) A reference to the Competition Commission under this paragraph shall require the Commission to...
References under paragraph 3: time limits
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4.(1) Every reference under paragraph 3 shall specify a period (not longer than six months...
References under paragraph 3: application of Enterprise Act 2002
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5.(1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with...
Reports on references
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6.(1) In making a report on a reference under paragraph 3, the Competition Commission shall...
Application by Authority for order excluding activities
7.(1) Before making an application for an order providing for activities to cease to be...
Consultation by Department about order excluding activities
8.(1) If the Department proposes to make an order providing for activities to cease to...
Schedule 3—Amendments
SCHEDULE 4
TRANSITIONAL AND TRANSITORY PROVISIONS AND SAVINGS
Abolition of Consumer Committee for Electricity
1.(1) The Consumer Committee for Electricity shall provide the Council with such information or assistance...
First financial year of Authority
2.(1) If the period beginning with the day on which the Authority is established and...
First forward work programmes of Authority and Council
3.(1) The Authority's first work programme required by Article 5(1) shall relate to the financial...
Last annual reports of the Directors
4.(1) After the abolition of the offices of Director General of Gas for Northern Ireland...
Investigations being carried out under the Electricity Order
5.(1) This paragraph applies to any matter— (a) being investigated by the Director General of...
Investigations being carried out under the Gas Order
6.(1) This paragraph applies to any matter— (a) being investigated by the Director General of...
Grant of new electricity transmission licence
7.(1) This paragraph applies in relation to any licence which— (a) is granted under Article...
8.(1) This paragraph applies in relation to any licence granted under Article 10(1)(b) of the...
Grant of new licence under Article 8(1)(a) of Gas Order
9.(1) This paragraph applies in relation to any licence granted under Article 8(1)(a) of the...
Modification of licences following Competition Commission report
10.Article 36 does not apply in relation to the modification of an electricity licence following...
11.Article 37 does not apply in relation to the modification of a gas licence following...
Enforcement
12.(1) Articles 42 to 44 and 51 (and the related repeals in Schedule 5) do...
Financial penalties
13.The power of the Authority under Article 45(1) or (2) is not exercisable in respect...
Consultation concerning common tariff
14.Any consultation undertaken by the Department or the Director General of Gas for Northern Ireland...
Modification of existing licences
15.(1) The Department after consultation with the Authority, or the Authority with the consent of...
References to Directors General
16.(1) This paragraph applies to any provision of this Order which— (a) contains a reference...
References to Office of Fair Trading
17.(1) This paragraph applies to any provision of this Order which— (a) contains a reference...
References to provisions of the Enterprise Act 2002
18.(1) Until the commencement of section 186 of the Enterprise Act 2002 the reference to...
Schedule 5—Repeals