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The Energy (Northern Ireland) Order 2003

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II NEW REGULATORY ARRANGEMENTS

    1. The Northern Ireland Authority for Energy Regulation

      1. 3.The Northern Ireland Authority for Energy Regulation

      2. 4.Transfer to Authority of functions, property, etc. of Directors

      3. 5.Forward work programme of the Authority

      4. 6.Annual and other reports of Authority

      5. 7.Publication by Authority of advice and information about consumer matters

      6. 8.Powers of Authority in relation to external matters

    2. The energy group of the General Consumer Council

      1. 9.The energy group of the General Consumer Council for Northern Ireland

      2. 10.Forward work programme of the Council

    3. General

      1. 11.Co-operation between Authority and Council

  4. PART III OBJECTIVES OF REGULATION OF ELECTRICITY AND GAS

    1. Electricity

      1. 12.The principal objective and general duties of the Department and the Authority in relation to electricity

      2. 13.Exceptions from the general duties

    2. Gas

      1. 14.The principal objective and general duties of the Department and the Authority in relation to gas

      2. 15.Exceptions from the general duties

  5. PART IV FUNCTIONS OF THE GENERAL CONSUMER COUNCIL

    1. 16.Preliminary

    2. 17.Acquisition and review of information

    3. 18.Provision of advice and information to public authorities and other persons

    4. 19.Provision of information to consumers

    5. 20.Publication of statistical information about complaints

    6. 21.Power to publish advice and information about consumer matters

    7. 22.Consumer complaints

    8. 23.Power of Council to investigate other matters

    9. 24.Provision of information to Council

    10. 25.Publication of notice of reasons

    11. 26.Provision of information by Council to Authority

    12. 27.Articles 24 to 26: supplementary

  6. PART V LICENCES

    1. New kinds of licences

      1. 28.New kind of electricity transmission licence

      2. 29.Conversion of existing electricity transmission licences

      3. 30.New kind of gas conveyance licence

      4. 31.Conversion of existing gas conveyance licences

      5. 32.New standard conditions for gas conveyance licences

    2. Conditions of licences

      1. 33.Conditions of electricity licences

      2. 34.Conditions of gas licences

      3. 35.Standard conditions of gas licences

    3. Modification of licences following Competition Commission report

      1. 36.Modification of electricity licences following Competition Commission report

      2. 37.Modification of gas licences following Competition Commission report

      3. 38.Modification of licences: general provisions

    4. Powers to alter licensable activities

      1. 39.Power to alter activities requiring electricity licence

      2. 40.Power to alter activities requiring gas licence

  7. PART VI ENFORCEMENT

    1. Introductory

      1. 41.Introductory

    2. Orders for securing compliance

      1. 42.Orders for securing compliance

      2. 43.Procedural requirements

      3. 44.Validity and effect of orders

    3. Financial penalties

      1. 45.Financial penalties

      2. 46.Statement of policy with respect to penalties

      3. 47.Time limits on the imposition of financial penalties

      4. 48.Interest and payment of instalments

      5. 49.Appeals

      6. 50.Recovery of penalties

    4. Power to require information

      1. 51.Power to require information

  8. PART VII ELECTRICITY FROM RENEWABLE SOURCES

    1. 52.Obligation in connection with electricity from renewable sources

    2. 53.Orders under Article 52: supplementary

    3. 54.Green certificates

    4. 55.Payment as alternative to complying with order under Article 52

    5. 56.Power to amend this Part

    6. 57.Non-fossil fuel obligation

    7. 58.Abolition of fossil fuel levy

  9. PART VIII MISCELLANEOUS AND SUPPLEMENTARY

    1. Common tariff for conveyance of gas through designated pipe-lines

      1. 59.Designation of pipe-lines for purposes of common tariff

      2. 60.Modification of gas licences: common tariff for conveyance of gas through designated pipe-lines

    2. Miscellaneous

      1. 61.Grants for energy purposes

      2. 62.Reasons for decisions

      3. 63.General restrictions on disclosure of information

      4. 64.Assignment of wayleaves

    3. Supplementary

      1. 65.Amendments, transitional and transitory provisions, savings and repeals

      2. 66.Regulations, orders and directions

      3. 67.Power to make transitional, consequential and saving provisions

  10. Signature

  11. SCHEDULES

    1. SCHEDULE 1

      THE NORTHERN IRELAND AUTHORITY FOR ENERGY REGULATION

      1. Membership

        1. 1.(1) The Authority shall consist of a chairman, and no...

      2. Terms of appointment, remuneration, pensions, etc.

        1. 2.(1) Subject to this Schedule, the chairman and other members...

        2. 3.(1) An appointment of a person to hold office as...

        3. 4.(1) The Authority shall pay to the chairman and other...

      3. Staff

        1. 5.The Authority may, with the approval of the Department of...

      4. Committees

        1. 6.(1) The Authority may establish committees and any committee of...

      5. Proceedings, etc.

        1. 7.(1) The Authority may regulate its own procedure (including quorum)....

        2. 8.(1) The application of the seal of the Authority shall...

      6. Performance of functions

        1. 9.(1) Anything authorised or required to be done by the...

      7. Rule-making authority

        1. 10.In the Statutory Rules (Northern Ireland) Order 1979 (NI 12)...

      8. Supplementary powers

        1. 11.(1) The Authority has power to do anything which is...

      9. Assembly disqualification

        1. 12.In the Northern Ireland Assembly Disqualification Act 1975 (c. 25),...

      10. Assembly Ombudsman

        1. 13.In the Ombudsman (Northern Ireland) Order 1996 (NI 8), in...

    2. SCHEDULE 2

      ORDERS ALTERING LICENSABLE ACTIVITIES

      1. Introductory

        1. 1.(1) In this Schedule references to an order are to...

      2. Application by Authority for order including new activities

        1. 2.(1) If the Authority proposes to make an application for...

      3. References to Competition Commission

        1. 3.(1) A reference to the Competition Commission under this paragraph...

      4. References under paragraph 3: time limits

        1. 4.(1) Every reference under paragraph 3 shall specify a period...

      5. References under paragraph 3: application of Enterprise Act 2002

        1. 5.(1) The following sections of Part 3 of the Enterprise...

      6. Reports on references

        1. 6.(1) In making a report on a reference under paragraph...

      7. Application by Authority for order excluding activities

        1. 7.(1) Before making an application for an order providing for...

      8. Consultation by Department about order excluding activities

        1. 8.(1) If the Department proposes to make an order providing...

    3. SCHEDULE 3

      AMENDMENTS

      1. The Electricity (Northern Ireland) Order 1992 (NI 1)

        1. 1.(1) In Article 3, in the definition of “authorised area”,...

        2. 2.In Article 10(7)(a) for the words from “whose authorised area”...

        3. 3.(1) In Article 11(1)(a) for “Articles 4 and 6” substitute...

        4. 4.In Article 11A(2) in sub-paragraph (a) omit the words “(b)...

        5. 5.In Article 12 for paragraphs (2) to (4) substitute—

        6. 6.(1) In Article 13, in paragraph (1)(a) for the words...

        7. 7.(1) In Article 15(1)(a)(i) for “generation, transmission or supply of...

        8. 8.In Article 16(1A) for “Article 17” substitute “Articles 17 and...

        9. 9.In Article 31(1) after “relevant condition or requirement” insert “(as...

        10. 10.In Article 32(2)(c) for “transmit” substitute “participate in the transmission...

        11. 11.In Article 33(2)(a) and (3)(b) for “transmit or supply” substitute...

        12. 12.In Article 35(1) for “each holder” substitute “any holder”.

        13. 13.In Article 38 for paragraphs (1) to (3) substitute—

        14. 14.In Article 42(5)(b) for “consumer committee or any sub-committee of...

        15. 15.In Article 45B(2)(a) for “consumer committee” substitute “General Consumer Council”....

        16. 16.(1) In Article 50(1)(b) and (2)(b) for “functions under this...

        17. 17.In Article 52(2) for sub-paragraph (d) and the word “and”...

        18. 18.(1) In Article 62(1) for “any person who is authorised...

        19. 19.In Article 63 in paragraph (1) for the words “provision...

        20. 20.In Article 66(1) for the words from “any matter arising”...

      2. The Gas (Northern Ireland) Order 1996 (NI 2)

        1. 21.In Article 8(2)(a) omit the words “(a) or”.

        2. 22.(1) In Article 9(1) for “Article 5” substitute “Article 14...

        3. 23.In Article 10 in paragraphs (1)(a) and (3)(e) for “Article...

        4. 24.In Article 10A(2) in sub-paragraphs (b) and (c) omit the...

        5. 25.In Article 11(2) after “18(2)” insert “and to Article 60(5)...

        6. 26.In Article 12(1)(a) for “an authorised area” substitute “the area...

        7. 27.In Article 14 after paragraph (6) insert—

        8. 28.(1) In Article 15(1)(a)(i) and (2)(a)(i) for “required” substitute “regulated”....

        9. 29.In Article 16(1A) for “Article 17” substitute “Articles 17 and...

        10. 30.In Article 17 after paragraph (6) insert—

        11. 31.(1) In Article 18 after paragraph (1) insert—

        12. 32.(1) In Article 27(1)(b) and (2)(b) for “functions under this...

        13. 33.(1) In Article 29(2) for sub-paragraph (d) and the word...

        14. 34.In Article 30 (2) for “Article 5” substitute “Article 14...

        15. 35.(1) In Article 36 for paragraph (1) substitute—

        16. 36.In Article 45(1) and (2) for “convey” substitute “participate in...

        17. 37.In Article 46 in paragraph (1) for the words “provision...

        18. 38.In Article 48(1) for the words from “any matter arising”...

        19. 39.In Schedule 5, renumber paragraph 1 as sub-paragraph (1) of...

    4. SCHEDULE 4

      TRANSITIONAL AND TRANSITORY PROVISIONS AND SAVINGS

      1. Abolition of Consumer Committee for Electricity

        1. 1.(1) The Consumer Committee for Electricity shall provide the Council...

      2. First financial year of Authority

        1. 2.(1) If the period beginning with the day on which...

      3. First forward work programmes of Authority and Council

        1. 3.(1) The Authority’s first work programme required by Article 5(1)...

      4. Last annual reports of the Directors

        1. 4.(1) After the abolition of the offices of Director General...

      5. Investigations being carried out under the Electricity Order

        1. 5.(1) This paragraph applies to any matter—

      6. Investigations being carried out under the Gas Order

        1. 6.(1) This paragraph applies to any matter—

      7. Grant of new electricity transmission licence

        1. 7.(1) This paragraph applies in relation to any licence which—...

        2. 8.(1) This paragraph applies in relation to any licence granted...

      8. Grant of new licence under Article 8(1)(a) of Gas Order

        1. 9.(1) This paragraph applies in relation to any licence granted...

      9. Modification of licences following Competition Commission report

        1. 10.Article 36 does not apply in relation to the modification...

        2. 11.Article 37 does not apply in relation to the modification...

      10. Enforcement

        1. 12.(1) Articles 42 to 44 and 51 (and the related...

      11. Financial penalties

        1. 13.The power of the Authority under Article 45(1) or (2)...

      12. Consultation concerning common tariff

        1. 14.Any consultation undertaken by the Department or the Director General...

      13. Modification of existing licences

        1. 15.(1) The Department after consultation with the Authority, or the...

      14. References to Directors General

        1. 16.(1) This paragraph applies to any provision of this Order...

      15. References to Office of Fair Trading

        1. 17.(1) This paragraph applies to any provision of this Order...

      16. References to provisions of the Enterprise Act 2002

        1. 18.(1) Until the commencement of section 186 of the Enterprise...

    5. SCHEDULE 5

      REPEALS

  12. Explanatory Note

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