The Energy (Northern Ireland) Order 2003PART IINTRODUCTORY1Title and commencement2InterpretationPART IINEW REGULATORY ARRANGEMENTSThe Northern Ireland Authority for Energy Regulation3The Northern Ireland Authority for Energy Regulation3ADesignation of Authority as national regulatory authority for Northern Ireland: electricity 3B Exercise of designated regulatory gas functions etc4Transfer to Authority of functions, property, etc. of Directors5Forward work programme of the Authority6Annual and other reports of Authority6AReport on activities as designated regulatory authority: electricity 6BDecisions of the Agency for the Cooperation of Energy Regulators and of the European Commission7Publication by Authority of advice and information about consumer matters8Powers of Authority in relation to external matters8ADuty on the authority to have regard to the need for consultation and co-operation with other authorities : electricity 8B Duty on the authority to have regard to the need for consultation and co-operation with regard to other authorities: gasThe energy group of the General Consumer Council9The energy group of the General Consumer Council for Northern Ireland10Forward work programme of the CouncilGeneral11Co-operation between Authority and CouncilPART IIIOBJECTIVES OF REGULATION OF ELECTRICITY AND GASElectricity12The principal objective and general duties of the Department and the Authority in relation to electricity12AAdditional functions of the Authority in relation to electricity13Exceptions from the general dutiesGas14The principal objective and general duties of the Department and the Authority in relation to gas15Exceptions from the general dutiesPART IVFUNCTIONS OF THE GENERAL CONSUMER COUNCIL16Preliminary17Acquisition and review of information18Provision of advice and information to public authorities and other persons19Provision of information to consumers20Publication of statistical information about complaints21Power to publish advice and information about consumer matters22Consumer complaints23Power of Council to investigate other matters24Provision of information to Council25Publication of notice of reasons26Provision of information by Council to Authority27Articles 24 to 26: supplementaryPART VLICENCESNew kinds of licences28New kind of electricity transmission licence29Conversion of existing electricity transmission licences30New kind of gas conveyance licence31Conversion of existing gas conveyance licences32New standard conditions for gas conveyance licencesConditions of licences33Conditions of electricity licences34Conditions of gas licences35Standard conditions of gas licencesModification of licences following Competition Commission report36Modification of electricity licences following Competition Commission report37Modification of gas licences following Competition Commission report38Modification of licences: general provisionsPowers to alter licensable activities39Power to alter activities requiring electricity licence40Power to alter activities requiring gas licencePART VIENFORCEMENTIntroductory41Introductory41AMeaning of relevant requirement in relation to electricity41BMeaning of relevant requirement in relation to gasOrders for securing compliance42Orders for securing compliance43Procedural requirements44Validity and effect of ordersFinancial penalties45Financial penalties46Statement of policy with respect to penalties47Time limits on the imposition of financial penalties48Interest and payment of instalments49Appeals50Recovery of penaltiesPower to require information51Power to require informationPART VIIELECTRICITY FROM RENEWABLE SOURCES52Obligation in connection with electricity from renewable sources53Further provision about the renewables obligation54Renewables obligation certificates54AArticle 54: supplemental provision54BAmounts of electricity specified in certificates54CTransitional provision and savings54DUse of renewables obligation certificates issued in Great Britain55Payment as alternative to complying with renewables obligation order55AAllocation of amounts to electricity suppliers55BCosts of the Authority and the Great Britain authority55CInformation55DRenewables obligation order; general provision55ERenewables obligation orders: procedure55EARenewables obligation closure order55EBRenewables obligation closure orders: procedure55FInterpretation of Articles 52 to 55F56Power to amend this Part57Non-fossil fuel obligation58Abolition of fossil fuel levy58AModifications of licences in connection with Energy Act 2004PART VIIIMISCELLANEOUS AND SUPPLEMENTARYCommon tariff for conveyance of gas through designated pipe-lines59Designation of pipe-lines for purposes of common tariff60Modification of gas licences: common tariff for conveyance of gas through designated pipe-linesMiscellaneous61Financial assistance for energy purposes62Reasons for decisions63General restrictions on disclosure of information64Assignment of wayleavesSupplementary65Amendments, transitional and transitory provisions, savings and repeals66Regulations, orders and directions67Power to make transitional, consequential and saving provisionsSCHEDULESSCHEDULE 1THE NORTHERN IRELAND AUTHORITY FOR ENERGY REGULATIONMembership1(1) The Authority shall consist of— (a) a chairman; and (b) not fewer than three...Terms of appointment, remuneration, pensions, etc.2(1) Subject to this Schedule, the chairman and other members shall hold and vacate office...2AA person holding office as chairman or other member shall not— (a) carry out any...3(1) No person shall be appointed to hold office as chairman or other member for...4(1) The Authority shall pay to the chairman and other members such remuneration, and such...Staff5The Authority may, with the approval of the Department of Finance and Personnel of Finance...Committees6(1) The Authority may establish committees and any committee of the Authority may establish sub-committees....Proceedings, etc.7(1) The Authority may regulate its own procedure (including quorum). (2) The Authority shall consult...8(1) The application of the seal of the Authority shall be authenticated by the signature...Performance of functions9(1) Anything authorised or required to be done by the Authority may be done by—...Rule-making authority10. . . . . . . . . . . . . . ....Supplementary powers11(1) The Authority has power to do anything which is calculated to facilitate, or is...Assembly disqualification12. . . . . . . . . . . . . . ....Assembly Ombudsman13. . . . . . . . . . . . . . ....SCHEDULE 2ORDERS ALTERING LICENSABLE ACTIVITIESIntroductory1(1) In this Schedule references to an order are to an order under Article 39...Application by Authority for order including new activities2(1) If the Authority proposes to make an application for an order providing for activities...References to CMA3(1) A reference to the CMA under this paragraph shall require the CMA to investigate...References under paragraph 3: time limits4(1) Every reference under paragraph 3 shall specify a period (not longer than six months...References under paragraph 3: application of Enterprise Act 20025(1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with...Reports on references6(1) In making a report on a reference under paragraph 3, the CMA shall include...Application by Authority for order excluding activities7(1) Before making an application for an order providing for activities to cease to be...Consultation by Department about order excluding activities8(1) If the Department proposes to make an order providing for activities to cease to...Schedule 3—AmendmentsSCHEDULE 4TRANSITIONAL AND TRANSITORY PROVISIONS AND SAVINGSAbolition of Consumer Committee for Electricity1(1) The Consumer Committee for Electricity shall provide the Council with such information or assistance...First financial year of Authority2(1) If the period beginning with the day on which the Authority is established and...First forward work programmes of Authority and Council3(1) The Authority's first work programme required by Article 5(1) shall relate to the financial...Last annual reports of the Directors4(1) After the abolition of the offices of Director General of Gas for Northern Ireland...Investigations being carried out under the Electricity Order5(1) This paragraph applies to any matter— (a) being investigated by the Director General of...Investigations being carried out under the Gas Order6(1) This paragraph applies to any matter— (a) being investigated by the Director General of...Grant of new electricity transmission licence7(1) This paragraph applies in relation to any licence which— (a) is granted under Article...8(1) This paragraph applies in relation to any licence granted under Article 10(1)(b) of the...Grant of new licence under Article 8(1)(a) of Gas Order9(1) This paragraph applies in relation to any licence granted under Article 8(1)(a) of the...Modification of licences following Competition Commission report10Article 36 does not apply in relation to the modification of an electricity licence following...11Article 37 does not apply in relation to the modification of a gas licence following...Enforcement12(1) Articles 42 to 44 and 51 (and the related repeals in Schedule 5) do...Financial penalties13The power of the Authority under Article 45(1) or (2) is not exercisable in respect...Consultation concerning common tariff14Any consultation undertaken by the Department or the Director General of Gas for Northern Ireland...Modification of existing licences15(1) The Department after consultation with the Authority, or the Authority with the consent of...References to Directors General16(1) This paragraph applies to any provision of this Order which— (a) contains a reference...References to Office of Fair Trading17(1) This paragraph applies to any provision of this Order which— (a) contains a reference...References to provisions of the Enterprise Act 200218(1) Until the commencement of section 186 of the Enterprise Act 2002 the reference to...Schedule 5—RepealsStatutory Instruments2003 No. 419 (N.I. 6)The Energy (Northern Ireland) Order 200327th February 2003