39.—(1) A worker engaged in essential or emergency works—N.I.
(a)related to—
(i)a generating station,
(ii)an electricity interconnector,
(iii)a district heat network as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014 M1,
(iv)communal heating as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014,
(v)automated ballast cleaning and track re-laying systems on a network, or
(vi)the commissioning, maintenance and repair of industrial machinery for use on a network, or
(b)carried out by or on behalf of—
(i)the national system operator,
(ii)a person holding a transmission licence,
(iii)a person holding a distribution licence,
(iv)a person holding a licence under Article 8 of the Gas (Northern Ireland) Order 1996 M2,
(v)a LNG facility as defined in Article 3 of the Gas (Northern Ireland) Order 1996, or
(vi)a person holding access rights under regulation 4 or holding a European licence granted under regulation 44 or recognised under regulation 45 of the Railways (Infrastructure Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016 M3,
where they have travelled to the United Kingdom in the course of their work.
(2) For the purposes of this paragraph—
(a)“distribution licence” means a licence granted under Article 10(1)(bb) of the Electricity (Northern Ireland) Order 1992 M4,
(b)“essential or emergency works” includes commissioning, inspections, maintenance, repairs, and asset replacement activities,
(c)“national system operator” means the person operating the national transmission system for Northern Ireland,
(d)“network”, in sub-paragraph (1)(a)(v), has the meaning given in section 83(1) of the Railways Act 1993 M5,
(e)“transmission licence” means a licence granted under Article 10(1)(b) of the Electricity (Northern Ireland) Order 1992,
(f)“generating station”, and “transmission system” have the meanings given in Article 3 of the Electricity (Northern Ireland) Order 1992.
Marginal Citations
M1S.I. 2014/3120. There are no relevant amending instruments
M3S.R. 2016 No. 420
M51993 c. 43. There are amendments to section 83(1) but none is relevant