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The Electricity (Northern Ireland) Order 1992
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Changes to legislation:
The Electricity (Northern Ireland) Order 1992, Section 11AC is up to date with all changes known to be in force on or before 05 December 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 11AC:
- Instrument am. (ot.prosp.) by 1998 c. 41 s.66(5) Sch.10 Pt.III para.7
- Instrument am. (prosp.) by 1998 c. 41 s.66(5) Sch.10 Pt.V para.17
- Instrument rev. in pt. (prosp.) by 1998 c. 41 ss.66(5),74(3), Sch.10, Pt.V, para.17, Sch.14, Pt.II
- art. 46(8) inserted by 2024 c. 13 Sch. 29 para. 6
- art. 65(1A) inserted by S.I. 2006/2955 (N.I.) art. 3(2)
- art. 65(3)-(5) added by S.I. 2006/2955 (N.I.) art. 3(3)
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):
- art. 46(8) inserted by 2024 c. 13 Sch. 29 para. 6
- art. 65(1A) inserted by S.I. 2006/2955 (N.I.) art. 3(2)
- art. 65(3)-(5) added by S.I. 2006/2955 (N.I.) art. 3(3)
[F1Licensing and Energy EfficiencyN.I.
11AC.—(1) Without prejudice to the generality of Article 11(1), a licence shall include such conditions as appear to the grantor to be requisite or expedient to ensure that any activity authorised by it is carried out in accordance with the requirements and prohibitions laid down by the Energy Efficiency Directive and referred to in the following paragraphs.
F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The conditions included in a licence in accordance with paragraph (1) shall, in particular, in the case of a transmission licence include such conditions as appear to the grantor to be requisite or expedient to ensure that—
(a)in relation to network regulation and network tariffs, the requirements of Article 15(1) fourth indent of and Annex XI to the Energy Efficiency Directive are complied with;
(b)the licence holder complies with the requirements of [F3Article 15(5) third sub-paragraph] of and Annex XII to the Energy Efficiency Directive in relation to electricity from high efficiency co generation; [F4and]
(c)where Article 15(6) of the Energy Efficiency Directive requires the licence holder to be responsible for conducting balancing services and other operational services—
(i)such services are part of a service bidding process which is transparent, non discriminatory and open to scrutiny in accordance with the requirements of that provision; and
(ii)in meeting the requirements for such services and ancillary services, the licence holder complies with Article 15(8), second indent of the Energy Efficiency Directive [F5.]
F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The conditions included in a licence in accordance with paragraph (1) shall in particular in the case of a distribution licence include such conditions as appear to the grantor to be requisite or expedient to ensure that—
F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in relation to network regulation and network tariffs, the requirements of Article 15(1), fourth indent of and Annex XI to the Energy Efficiency Directive are complied with;
(c)the licence holder complies with the requirements of [F8Article 15(5) third sub-paragraph] and Annex XII to the Energy Efficiency Directive in relation to electricity from high efficiency co generation; [F9and]
(d)where Article 15(6) of the Energy Efficiency Directive requires the licence holder to be responsible for conducting balancing services and other operational services—
(i)such services are part of a service bidding process which is transparent, non discriminatory and open to scrutiny in accordance with the requirements of that provision; and
(ii)in meeting the requirements for such services and ancillary services, the licence holder, complies with Article 15(8), second indent of the Energy Efficiency Directive [F10.]
F11(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The duty on the Authority in paragraph (2) to include conditions in a licence shall only have effect where the Department—
(a)has determined that it is technically possible, financially reasonable and proportionate in relation to the potential energy savings to implement a programme for the widespread provision of smart meters; and
(b)notifies the Authority in writing to that effect.
(8) In this Article—
[F12(a)"the Energy Efficiency Directive” means the European Parliament and Council Directive 2012/27/EU on energy efficiency as amended by European Parliament and Council Directive (EU) 2018/2002 and the Directive;]
(b)“smart meter” means—
(i)an electricity meter which can send and receive information using an electronic communications network; or
(ii)an electricity meter and a device which is associated with or ancillary to that meter and which enables information to be sent and received by the meter using an electronic communication network;
(c)“electronic communication” has the same meaning as in Section 4(1) of the Electronic Communications Act (Northern Ireland) 2001; and
(d)other expressions which are also used in the Energy Efficiency Directive shall have the same meaning as in that Directive.]
F1Art. 11AC inserted (25.7.2014) by Energy Efficiency Regulations (Northern Ireland) 2014 (S.R. 2014/198), reg. 8
F2Art. 11AC(2)-(4) omitted (31.12.2020) by virtue of The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 10(2)
F3Words in art. 11AC(5)(b) substituted (31.12.2020) by virtue of The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 10(3)(a)
F4Word in art. 11AC(5)(b) inserted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 10(3)(b)
F5Full stop in art. 11AC(5)(c) substituted for comma (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 10(3)(c)
F6Art. 11AC(5)(d) omitted (31.12.2020) by virtue of The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 10(3)(d)
F7Art. 11AC(6)(a) omitted (31.12.2020) by virtue of The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 10(4)(a)
F8Words in art. 11AC(6)(c) substituted (31.12.2020) by virtue of The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 10(4)(b)
F9Word in art. 11AC(6)(c) inserted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 10(4)(c)
F10Full stop in art. 11AC(6)(d) substituted for comma (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 10(4)(d)
F11Art. 11AC(6)(e) omitted (31.12.2020) by virtue of The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 10(4)(e)
F12Art. 11AC(8)(a) substituted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 10(5)
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