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The Energy (Northern Ireland) Order 2003
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The Energy (Northern Ireland) Order 2003, Section 3A is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 3A:
- art. 3A(1) omitted by S.I. 2019/530 reg. 129(3) (This amendment not applied to legislation.gov.uk. Reg. 129(3) substituted (15.9.2020) by S.I. 2020/1016, regs. 1(2), 3(42)(b))
- art. 3A(2) words substituted by S.I. 2019/530 reg. 129(4) (This amendment not applied to legislation.gov.uk. Reg. 129(4)(5) omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(42)(c))
- art. 3A(3) omitted by S.I. 2019/530 reg. 129(5) (This amendment not applied to legislation.gov.uk. Reg. 129(4)(5) omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(42)(c))
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 para. 5(7) inserted by 2024 c. 13 Sch. 30 para. 36(5)
- art. 12(5AA) inserted by S.I. 2019/530 reg. 135(4) (This amendment not applied to legislation.gov.uk. Reg. 135 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(49))
- art. 63(6)(y) inserted by 2024 c. 13 Sch. 30 para. 35(b)
[F1Designation of Authority as national regulatory authority for Northern Ireland[F2: electricity] N.I.
This section has no associated Explanatory Memorandum
3A.—(1) The Authority is designated as the national regulatory authority for Northern Ireland in accordance with [F3Article 57(3)] of the Electricity Directive F4....
(2) The Authority shall ensure that its staff do not—
(a)seek or take any instructions that might compromise, or might reasonably be seen to compromise, the Authority's independence in relation to its functions as designated regulatory authority for Northern Ireland; or
(b)carry out any other activity, or have any financial or other interest, that might compromise, or might reasonably be seen to compromise, the Authority's independence in relation to those functions.
(3) The Authority may make representations to the regulatory authority for Great Britain designated under section 3A of the Utilities Act 2000 about matters to be discussed or decided at any meeting of the Board of Regulators of the Agency; and whenever the Authority receives from that regulatory authority any documents or other information related to any such meeting, the Authority shall consider whether or not to do so.
[F5(4) The Authority must provide the European Commission with such information as it may reasonably request in order to comply with its duty under paragraph (7) of Article 57 of the Electricity Directive to report on compliance by and in relation to the Authority with the principle of independence set out in that Article.]]
F1Art. 3A inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 35
F2Word in art. 3A heading inserted (31.12.2020) by S.I. 2019/530, reg. 129(2) (as substituted by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(42)(a))
F3Words in art. 3A(1) substituted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 19(a)
F4Words in art. 3A(1) omitted (31.12.2020) by virtue of S.I. 2019/530, reg. 129(3) (as substituted by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(42)(b))
F5Art. 3A(4) inserted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 19(b)
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