PART IIN.I.NEW REGULATORY ARRANGEMENTS

The Northern Ireland Authority for Energy RegulationN.I.

[F1Designation of Authority as national regulatory authority for Northern Ireland[F2: electricity] N.I.

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.]]

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))

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))