The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007

The SEM Committee

The SEM Committee

6.—(1) There shall be a committee of the Authority to be known as the Single Electricity Market Committee (referred to in this Order as “the SEM Committee”).

(2) Any decision as to the exercise of a relevant function of the Authority in relation to a SEM matter must be taken on behalf of the Authority by the SEM Committee.

(3) For the purposes of this Order a matter is a SEM matter if the SEM Committee determines that the exercise of a relevant function of the Authority in relation to that matter materially affects, or is likely materially to affect, the SEM.

(4) For the purposes of this Order “a relevant function” means—

(a) a function under Part II of the Electricity Order;

(b) a function under the Energy Order which relates to electricity;

(c) a function under Part IV of the Electricity Order 1992 (Amendment) Regulations (Northern Ireland) 2005 (SR 2005/ 335);

(d) a function under Article 3 or Schedule 1,

other than a function which is mentioned in paragraph (5).

(5) The functions of the Authority under any of the following provisions are not relevant functions—

(a) in the Electricity Order—

• Article 8(3) (prosecution of licensing offences);

• Article 23 (approval of interest rate on deposit by way of security);

• Article 26 (determination of disputes);

• Article 31 (power to require information about customer complaints);

• Articles 42 to 45A (standards of performance);

• Article 45B (approval of customer complaints procedures);

• Article 47 (fixing of maximum resale price of electricity);

• Article 47A (billing disputes);

• Article 52 (keeping of register);

• Schedule 3 (consents relating to compulsory acquisition or disposal of land);

• Schedule 6 (public electricity supply code);

• Schedule 7 (electricity meters);

(b) in the Energy Order—

• Article 7 (publication of advice and information on consumer matters);

• Article 18(4) (disclosure of information by Council);

• Article 21(4) (publication of information by Council);

• Article 22(9) (reference of complaints to Council);

• Article 23(6) (publication of information by Council);

• Article 24 (provision of information to Council);

• Article 25(4) (publication of information by Council);

• Article 27 (reference of failure to supply information to Council);

• Part VII (electricity from renewable sources).

(6) The Department may by order remove any provision from the list of provisions in paragraph (5).

(7) An order under paragraph (6)—

(a) shall not be made unless the Department has consulted the Authority; and

(b) is subject to negative resolution.

(8) Schedule 2 has effect (and paragraphs 6 and 9 of Schedule 1 to the Energy Order do not have effect) in relation to the SEM Committee.

Working arrangements for the SEM

7.—(1) The Authority shall publish a statement—

(a) setting out the procedures adopted by the Authority under paragraph 7 of Schedule 1 to the Energy Order for ensuring compliance with Article 6(2); and

(b) describing how the Authority will work together with CER in the exercise of their respective statutory functions in relation to the SEM.

(2) A statement under this Article may be amended from time to time; and the Authority shall as soon as practicable thereafter publish the statement as so amended.

Powers of entry

8.—(1) Schedule 3 (which confers powers of entry) applies if (and only if) the SEM Committee determines—

(a) that there are reasonable grounds for suspecting that a licence holder is contravening, or has contravened, any condition of his licence; and

(b) that any such contravention would materially affect, or be likely materially to affect, the SEM.

(2) Article 9 applies in relation to the functions of the SEM Committee under this Article as it applies to the exercise of the functions of that Committee mentioned in Article 9(1)(c).