The Electricity (Northern Ireland) Order 1992PART IINTRODUCTORY1Title and commencement2InterpretationPART IIELECTRICITY SUPPLYIntroductory3Interpretation of Part IIArts.4‐7 rep. by 2003 NI 6 Licensing of supply, etc.8Prohibition on unlicensed supply, etc.9Exemptions from Article 810Licences authorising supply, etc.10ATransmission licences10AADistribution licences10BElectricity transmission: requirement for participants to be certified as independent10CApplication for certification10DReport where applicant connected with a country outside the European Economic Area10ECertification10FGrounds for certification10GThe ownership unbundling requirement10HDesignation for the purposes of EU electricity legislation10IMonitoring and review of certification10JReport as to any connection of a certified person with a country outside the European Economic Area10KContinuation or withdrawal of certification10LInterpretation11Conditions of licences11ACompliance with Community obligations11AAStandard conditions of licences11ABConditions on transmission licences relating to priority dispatch11ACLicensing and Energy Efficiency11BProvision of additional capacity or energy efficiency measures12General duties of electricity distributors and transmission licence holders13Powers, etc., of licence holdersModification of licences14Modification by agreement14AModification of conditions under Article 14: supplementary15Modification references to Monopolies Commission15AReferences under Article 15: time limits15BReferences under Article 15: powers of investigation16Reports on modification references17Modification following report17ACompetition Commission's power to veto modifications following report18Modification by order under other statutory provisionsArt. 18A rep. by 2003 NI 6 Appeal from decisions of the Authority14BAppeal to the CMA14CProcedure on appeal to CMA14DDetermination by CMA of appeal14ECMA's powers on allowing appeal14FTime limits for CMA to determine an appeal14GDetermination of appeal by CMA: supplementarySupply by public electricity suppliers19 Duty to connect on request20 Procedure for requiring a connection21 Exceptions from duty to connect22 Power to recover expenditure23 Power to require security24 Additional terms of connection25 Special agreements with respect to connection26 Determination of disputes27 Electricity Supply CodeEnforcement of preceding provisionsArts. 28‐30 rep. by 2003 NI 6 31Power to require information, etc.31ADispute resolutionProvisions with respect to supply generally32Regulations relating to supply and safety33Electrical inspectors34Use, etc., of metersProtection of public interest35 Electricity from non-fossil fuel sources36 Fossil fuel levy37Fuel stocks, etc., at generating stations38Provisions supplementary to Article 3739Consent required for construction, etc., of generating stations40Consent required for overhead lines41Preservation of amenity and fisheriesConsumer protection: standards of performance42 Electricity supply and distribution: performance in individual cases.42AStandards of performance in individual cases: disputes43 Overall standards of performance: electricity supply43AOverall standards of performance: electricity distributors43BProcedures for prescribing or determining standards of performance44Promotion of efficient use of electricity45Information with respect to levels of performance45AInformation to be given to customers about overall performance45BProcedures for dealing with complaintsConsumer protection: miscellaneous46Functions with respect to competition47Fixing of maximum charges for reselling electricity47ABilling disputesArts. 48 and 49 rep. by 2003 NI 6 Other functions of Director50General functionsArt. 51 rep. by 2003 NI 6 52Keeping of register53Annual and other reportsArts. 54‐57 rep. by 2003 NI 6 Miscellaneous58Directions for preserving security of electricity supplies, etc.59Provision of statistical information60Promotion of new techniques in national interestArt. 61 rep. by 2003 NI 6 62Directions restricting the use of certain information63Making of false statements, etc.Supplemental64 Powers to make regulations65Concurrent proceedings66Public inquiries67Application to Crown landPART IIIREORGANISATION OF THE INDUSTRYIntroductory68Interpretation of Part IIITransfers to successor companies69Transfer of assets, etc., of Northern Ireland Electricity70Transfer schemes under Article 6971Functions of the Department in relation to transfer schemes72Supplementary provisions as to transfers under Article 69Ownership of successor companies73Initial Government holding in the companies74Government investment in securities of the companies75Exercise of functions through nominees76Target investment limit for Government shareholdingFinances of successor companies77Statutory reserves78Statutory accounts79Temporary restrictions on borrowings, etc.80Government lending to the companies81Government guarantees for loans made to the companies82Conversion or discharge of certain loans or advances, etc.83Financial limits on borrowings, etc.Provisions with respect to floatation84Responsibility for composite listing particularsArt. 85 rep. by 2001 c. 14 (NI) Provisions with respect to Northern Ireland Electricity86Dissolution, etc., of Northern Ireland Electricity87Compensation to members and employees of Northern Ireland Electricity88Grants towards expenditure during transitional period89Amendment of pension scheme, etc.Miscellaneous90Northern Ireland Electricity Stock91Assembly disqualificationPART IVSUPPLEMENTAL92Repayment of fees93Regulations and orders94Directions95Amendments, transitional provisions, savings and repealsSCHEDULESSchedule 1 rep. by 2003 NI 6 Schedule 2 rep. by 2003 NI 6Schedule 1 rep. by 2003 NI 6Schedule 2 rep. by 2003 NI 6SCHEDULE 3COMPULSORY ACQUISITION OF LANDPART ICOMPULSORY ACQUISITION OF LAND BY LICENCE HOLDERS1(1) Where a licence holder proposes to acquire, otherwise than by agreement, any land required...This div-1 has a number but no title; creating a P1group with an empty Title2(1) No application shall be made under paragraph 1 for a vesting order in respect...3(1) The power to make a vesting order under paragraph 1 in respect of land—...4(1) Nothing in this Schedule shall authorise the acquisition, without the consent of the Department...5(1) Where a licence holder has acquired any land under paragraph 1, he shall not...6Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall apply for the purposes...PART IILICENCE HOLDERS' LAND EXCLUDED FROM COMPULSORY ACQUISITION7Where an application for a vesting order is made by a person with power to...SCHEDULE 4OTHER POWERS, ETC., OF LICENCE HOLDERSInterpretationThis div-1 has a number but no title; creating a P1group with an empty Title1(1) In this Schedule— “controlled works” means any such works as are mentioned in paragraph...Works involving breaking up roads, etc.2(1) Subject to the Street Works (Northern Ireland) Order 1995 and to the following provisions...Alteration of apparatus, etc., under roads3(1) Subject to sub-paragraph (2), a licence holder may, subject to and in accordance with...Alteration of electric lines or electrical plant under roads4(1) A government department, electronic communications code operator , or other person (not being another...Controlled works in a street near to apparatus5(1) The following provisions of this paragraph apply where a licence holder requires to carry...Works in a street near to electric lines or electrical plant6(1) The following provisions of this paragraph apply where a government department, electronic communications code...Para. 7 rep. by 1995 NI 19Para. 7 rep. by 1995 NI 19Emergency works8(1) Where any person would be required to serve any notice in respect of any...Protection from interference9(1) Subject to sub-paragraph (2), a licence holder who installs or alters, or changes the...Acquisition of wayleaves10(1) This paragraph applies where— (a) for any purpose connected with the carrying on of...Assignment of necessary wayleave10A(1) Subject to the following provisions of this paragraph, a necessary wayleave granted under paragraph...Provisions supplementary to paragraph 1011(1) Where a wayleave is granted to a licence holder under paragraph 10— (a) the...Temporary continuation of wayleaves12(1) This paragraph applies where at any time such a wayleave as is mentioned in...Substations13(1) This paragraph applies where— (a) under an agreement made before 1 April 1982, a...Felling and lopping of trees, etc.14(1) This paragraph applies where any tree is or will be in such close proximity...Entry on land for purposes of explorationThis div-1 has a number but no title; creating a P1group with an empty Title15(1) Subject to the following provisions of this paragraph and without prejudice to any other...Provisions supplementary to paragraphs 14 and 1516(1) Any person who intentionally obstructs a person acting in the exercise of any power...Modification of paragraphs 2 to 917The provisions of paragraphs 2 to 9 may be modified by regulations.SCHEDULE 5WATER RIGHTS FOR HYDRO-ELECTRIC GENERATING STATIONS1Without prejudice to Schedule 6 to the Drainage (Northern Ireland) Order 1973 , a person...2On the application of such a licence holder the Department of the Environment may authorise...3Where the abstraction, diversion and use will, in the opinion of the Department of the...4In this Schedule, “compensation water” means a flow of water, on such conditions and by...5In deciding whether to give the authorisation or in specifying the quantity of any compensation...6Any question of disputed compensation under paragraph 2 shall be referred to and determined by...7An applicant for authorisation under paragraph 2 shall supply to the Department of the Environment...8Not later than the date on which the said notice is first published, the applicant...9The applicant shall also publish in the Belfast Gazette a notice— (a) stating that he...10If before the expiration of 28 days from the date of the first publication of...11The expenses incurred by the Department of the Environment in connection with an authorisation under...12In paragraphs 1 to 8 “waterway” has the same meaning as in the Water (Northern...SCHEDULE 5AProcedure for appeals under Article 14BApplication for permission to bring appeal1(1) An application for permission to bring an appeal may be made only by sending...Suspension of decision2(1) The CMA may direct that, pending the determination of an appeal against a decision...Time limit for representations and observations by the Authority3(1) Sub-paragraph (2) applies where the Authority wishes to make representations or observations to the...Consideration and determination of appeal by group4(1) A group constituted by the chair of the CMA under Schedule 4 to the...Matters to be considered on appeal5(1) The CMA, if it thinks it necessary to do so for the purpose of...Production of documents etc.6(1) For the purposes of this Schedule, the CMA may, by notice, require— (a) a...Oral hearings7(1) For the purposes of this Schedule an oral hearing may be held, and evidence...Written statements8(1) The CMA may, by notice, require a person to produce a written statement with...Expert advice9Where permission to bring an appeal is granted under paragraph 1 the CMA may commission expert...Defaults in relation to evidence10(1) If a person (“ the defaulter (a) fails to comply with a notice issued...Appeal rules11(1) The CMA Board may make rules of procedure regulating the conduct and disposal of...Costs12(1) A group that determines an appeal must make an order requiring the payment to...Interpretation of Schedule13(1) In this Schedule— appeal ” means an appeal under Article 14B; appeal rules ”...SCHEDULE 6The Electricity Supply Code1An electricity supplier who, for the purpose of meeting the needs of a disabled person—...2(1) Where a customer has not, within the requisite period, paid all charges due from...Deemed Contracts3(1) Where an electricity supplier supplies electricity to any premises otherwise than in pursuance of...Supplies of Electricity Illegally Taken4(1) Where any person takes a supply of electricity which is in the course of...Restoration of Connection without Consent5(1) Where, otherwise than in the exercise of a power conferred by regulations under Article...Damage to Electrical Plant, etc.6(1) A person who intentionally or by culpable negligence damages or allows to be damaged—...Entry During Continuance of Supply7(1) Any person authorised by an electricity distributor may at all reasonable times enter any...Entry on Discontinuance of Supply8(1) Where an electricity supplier or an electricity distributor is authorised by paragraph 6(2) or...Entry For Replacing, Repairing or Altering Lines or Plant9(1) Any person authorised by an electricity distributor may after five working days' notice to...Exercise of Powers of Entry10(1) A power of entry conferred by this Schedule shall not be exercisable except— (a)...Warrant to Authorise Entry11(1) Where a justice of the peace is satisfied by complaint on oath— (a) that...Premises to be left secure and damage to be made good12(1) Where, under any powers conferred by this Schedule, entry is made on any premises...Penalty for obstruction13Any person who intentionally obstructs a person authorised by an electricity supplier or electricity distributor...Exemption of electrical plant, etc., for certain processes14Any electrical plant, electric line or electricity meter owned by or let for hire or...SCHEDULE 7USE, ETC., OF ELECTRICITY METERSInterpretation1In this Schedule— “agreed margins of error” means any margins of error agreed between the...Consumption to be ascertained by appropriate meter2(1) Where a customer of an electricity supplier is to be charged for his supply...Restrictions on use of metersThis div-1 has a number but no title; creating a P1group with an empty Title3(1) No meter shall be used for ascertaining the quantity of electricity supplied by an...4(1) If an electricity supplier supplies electricity through a meter which is used for ascertaining...Meter examiners5(1) The Director shall appoint competent and impartial persons as meter examiners for the purposes...Certification of meters6(1) Subject to sub-paragraph (2), a meter may be certified— (a) by a meter examiner...Apparatus for testing, etc., of meters7(1) It shall be the duty of a person to whom this paragraph applies, that...Testing, etc., of meters8(1) It shall be the duty of a meter examiner, on being required to do...9(1) This paragraph applies where there is a genuine dispute as to the accuracy of...Presumptions and evidence10(1) This paragraph applies to meters used for ascertaining the quantity of electricity supplied to...Meters to be kept in proper order11(1) A customer of an electricity supplier shall at all times, at his own expense,...Interference with meters12(1) If any person intentionally or by culpable negligence— (a) alters the register of any...Special provision for pre-payment meters13(1) A customer of an electricity supplier who takes his supply through a pre-payment meter...SCHEDULE 8CONSENTS UNDER ARTICLES 39 AND 40Applications for consent1(1) An application for a consent under Article 39 or 40 shall be in writing...Objections1A(1) Regulations shall make provision for securing— (a) that notice of any application for consent...Inquiries1B(1) Where in accordance with paragraph 1A(4) an inquiry is to be held in respect...Additional inspectors1C(1) This paragraph applies in the case where a single individual (“the lead inspector”) is...Special provisions as to consents under Article 402(1) Where an application for consent under Article 40 states that all wayleaves have not...Deemed planning permission, etc.3(1) On granting a consent under Article 39 or 40 in respect of any operation...SCHEDULE 9PRESERVATION OF AMENITY AND FISHERIES1(1) In formulating any relevant proposals, a licence holder or a person authorised by exemption...2(1) A licence holder shall within 12 months from the grant of his licence prepare,...SCHEDULE 10TRANSFERS UNDER ARTICLE 69Interpretation1Any reference in this Schedule to a transfer effected under a transfer scheme is a...Allocation of assets and liabilities: general2(1) The provisions of this paragraph shall apply where the transfers effected under a transfer...3(1) The provisions of this paragraph shall apply where the transfers effected under a transfer...Allocation of assets and liabilities: contracts of employment4(1) The provisions of this paragraph shall apply where— (a) the transfers effected under a...Variation of transfers by agreement5(1) The provisions of this paragraph shall apply where the transfers effected under a transfer...Right to production of documents of title6Where the transferee under a transfer effected under a transfer scheme ( “transferee A”) is...Proof of title by certificate7(1) Where 2 or more transfers are effected under a transfer scheme, a certificate issued...Restrictions on dealing with certain land8(1) Where 2 or more transfers are effected under a transfer scheme and the Department...Third parties affected by vesting provisions9(1) A transaction of any description which, under paragraph 3(2) or a direction under paragraph...10(1) If in consequence of 2 or more transfers effected under a transfer scheme or...SCHEDULE 11PENSIONSInterpretation1(1) In this Schedule— “employer”, in relation to a person employed by a company which...Power to amend scheme2(1) Regulations may make provision amending— (a) the trust deed of the scheme for the...Transfer to successor companies' schemes3(1) Regulations may make provision, in respect of such persons, or class of persons, formerly...Protection for certain persons4(1) Regulations may make provision for the purpose of securing that— (a) no person to...5(1) Subject to sub-paragraph (3), this sub-paragraph applies to— (a) any existing employee who, immediately...6(1) So much of Schedule 1 to the Contracts of Employment and Redundancy Payments Act...Other pensions7Regulations may make provision for requiring successor companies— (a) to make payments by way of...Supplemental8Regulations under paragraphs 2, 3, 4 and 7 may contain such supplemental, consequential and transitional...Schedule 12‐AmendmentsSCHEDULE 13TRANSITIONAL PROVISIONS AND SAVINGSPART IPROVISIONS AND SAVINGS FOR PART II OF ORDER1In this Part— “day appointed” means the day appointed under Article 1(2); “the 1972 Order”...2In so far as any requisition made under paragraph 8 of Schedule 3 to the...3Any tariff fixed under Article 26 of the 1972 Order which is effective on the...4Any regulations made under Article 36 of the 1972 Order which are effective on the...5(1) Where any application made under Article 33 of the 1972 Order is effective on...6(1) Where any application made under Article 39 of the 1972 Order is effective on...7Any maximum charge fixed by Northern Ireland Electricity under paragraph 17 of Schedule 3 to...8Where any representation or reference made under, or in such circumstances as are mentioned in,...9(1) Any land which has been compulsorily acquired under Article 8 of the 1972 Order...10Any consent given under Article 38(4) and (6) of the 1972 Order which is effective...11Any order made under Article 40 of the 1972 Order which is effective on the...12(1) Paragraph 3(1)(a) and (b) of Schedule 7 shall not apply in relation to a...13(1) Where— (a) any sum was deposited with Northern Ireland Electricity by way of security...14(1) Where immediately before the day appointed for the coming into operation of any provision...PART IIPROVISIONS AND SAVINGS FOR PART III OF ORDER15In this Part expressions which are used in Part III of this Order have the...16Any licence granted under Article 10 to Northern Ireland Electricity which is effective on the...17Any tariff fixed, or having effect as if fixed, under Article 21 by Northern Ireland...18Any consent given under Article 39 to Northern Ireland Electricity which is effective on the...19Any consent given under Article 40 to Northern Ireland Electricity which is effective on the...20Any maximum price fixed, or having effect as if fixed, under Article 47 for the...21A direction given under Article 58 to Northern Ireland Electricity which is effective on the...22Any land compulsorily acquired by Northern Ireland Electricity before the transfer date which was so...23(1) Where immediately before the transfer date there is in force an agreement which— (a)...24(1) Any agreement made, transaction effected or other thing done by, to or in relation...25It is hereby declared for the avoidance of doubt that— (a) the effect of Part...26Any agreement made under paragraph 12 of Schedule 1 to the Electricity Supply (Northern Ireland)...27(1) It shall be the duty of Northern Ireland Electricity and the appropriate successor company...28(1) Notwithstanding the repeal of Articles 23 and 24 of the Electricity Supply (Northern Ireland)...29(1) Where by virtue of anything done before the transfer date, any statutory provision amended...30Without prejudice to the powers conferred by Article 95(2), every provision contained in subordinate legislation,...31(1) Anything which, immediately before the transfer date, is in process of being done under...32(1) An application or claim by Northern Ireland Electricity for hazardous substances consent which is...33(1) Where a distribution is proposed to be declared during the accounting reference period of...PART IIIOTHER SAVINGS34An order by the Department of Finance and Personnel under paragraph 18(2) of Schedule 6...Para. 35 rep. by 1995 NI 19Para. 35 rep. by 1995 NI 1936The provisions of this Schedule shall have effect without prejudice to sections 28 and 29...Schedule 14‐RepealsStatutory Instruments1992 No. 231 (N.I. 1)The Electricity (Northern Ireland) Order 199211th February 1992