The Electricity (Northern Ireland) Order 1992

General functionsN.I.

50.—(1) It shall be the duty of the Director, so far as it appears to him practicable to do so—

(a)to keep under review the carrying on both in Northern Ireland and elsewhere of activities to which this paragraph applies; and

(b)to collect information with respect to those activities, and the persons by whom they are carried on, with a view to facilitating the exercise of his[F1 electricity functions];

and this paragraph applies to any activities connected with the generation, transmission [F2, distribution] and supply of electricity, including in particular activities connected with the supply to any premises of heat produced in association with electricity and steam produced from and air and water heated by such heat.

(2) The Department may [F3issue guidance] indicating—

(a)considerations to which the Director should have particular regard in determining the order of priority in which matters are to be brought under review in performing his duty under paragraph (1)(a) or (b); and

(b)considerations to which, in cases where it appears to the Director that any of his[F1 electricity functions] are exercisable, he should have particular regard in determining whether to exercise those functions.

[F4(2A) A direction under paragraph (2) does not apply in relation to—

(a)the exercise by the SEM Committee of its functions under Article 6(2) or 8 of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007;

(b)the Authority in giving effect to any decision of the SEM Committee'.]

(3) It shall be the duty of the Director, where either he considers it expedient or he is requested by the Department or[F5 the Office of Fair Trading] to do so, to give information, advice and assistance to the Department or[F5 the Office of Fair Trading] with respect to any matter in respect of which any[F1 of the electricity functions of the Authority] is exercisable.

[F1(3A) In this Article “electricity functions” means—

(a)functions under this Part; and

(b)functions under the Energy (Northern Ireland) Order 2003 relating to electricity[F6 and

(c)functions under the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007.]]

[F7(3B) the activities to which paragraph (1) applies include, in particular, the matters specified in the following provisions of the Directive as matters to be monitored—

(a)Article 26(3);

(b)Article 37(1)(g) to (k), (m) and (q) to (t); and

(c)where an independent system operator has been designated under Article 10H of this Order, Article 37(3)(a), (b) and (f).]

Para. (4) rep. by 2003 NI 6

F2Word in art. 50(1) inserted (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 11(1), Sch. 2 para. 13 (with transitional provisions in Pt. IV)