- Latest available (Revised)
- Original (As made)
The Energy (Northern Ireland) Order 2003, Cross Heading: Introductory is up to date with all changes known to be in force on or before 19 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
41.—(1) This Part has effect in relation to the enforcement of—
(a)relevant conditions of gas and electricity licences [F1and exemptions];[F2 and]
(b)relevant requirements [F3.]
(c)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In this Part—
[F5“regulated person” means any person who is—
[F9“relevant conditions” means—
in relation to any licence holder, any condition of his licence;
in relation to any exemption holder, any condition of his exemption.]
[F10“relevant requirement” has the meaning given to it in Articles 41A and 41B.]
F1Words in art. 41(1)(a) inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 72
F2Word in art. 41(1)(a) added (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 61, Sch. 3 para. 3(a) (with transitional provisions in Pt. IV)
F3Words in art. 41(1)(b) substituted (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 61, Sch. 3 para. 3(a) (with transitional provisions in Pt. IV)
F4Art. 41(1)(c) repealed (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 61, Sch. 3 para. 3(a) (with transitional provisions in Pt. IV)
F5Art. 41(2): definition of "regulated person" inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 73
F6Word in art. 41(2) omitted (31.12.2020) by virtue of The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 27(a)
F7Word in art. 41(2) substituted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 27(b)
F8Words in art. 41(2) added (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 27(b)
F9Art. 41(2): definition of "relevant conditions" substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 74
F10Art. 41(2): definition of "relevant requirement" substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 75
Modifications etc. (not altering text)
C1Art. 41 modified (3.7.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(1), 13(2) (with transitional provisions in Pt. IV)
41A.—(1) In the case of electricity, “relevant requirement” in respect of any regulated person means any duty or other requirement imposed on that person by or under a provision—
(a)specified in this Article; or
(b)in the Electricity Regulation and designated under this Article, in respect of that person.
(2) In respect of any licence holders, Article 27(4)(b) is specified for the purposes of paragraph (1).
(3) In respect of holders of an electricity generation licence—
(a)Part VII (Electricity from renewable sources);
(b)designated provisions of the Electricity Regulation;
(c)Articles 10C(8) and (9) of the Electricity Order (Certification procedure);
(d)Articles 10I(11) and (12) of the Electricity Order (Monitoring and review of certification);
(e)Articles 8C(4) and (5) of the Gas Order (Certification procedure); and
(f)Articles 8I(11) and (12) of the Gas Order (Monitoring and review of certification),
are specified for the purposes of paragraph (1).
(4) In respect of holders of an electricity supply licence—
(a)Article 43(3) of the Electricity Order (Overall standards of performance: electricity supply);
(b)Article 44(3) of the Electricity Order (Promotion of efficient use of electricity);
(c)Article 45A of the Electricity Order (Information to be given to customers about overall performance);
(d)Article 45B of the Electricity Order (Procedures for dealing with complaints);
(e)those in Part VII (Electricity from renewable sources);
(f)the Electricity and Gas (Billing) (No. 2) Regulations (Northern Ireland) 2010;
(g)Articles 10C(8) and (9) of the Electricity Order (Certification procedure);
(h)Articles 10I(10), (11) and (12) of the Electricity Order (Monitoring and review of certification) insofar as they apply to that person;
(i)Articles 8C(4) and (5) of the Gas Order (Certification procedure); F12. . .
(j)Articles 8I(11) and (12) of the Gas Order (Monitoring and review of certification) ; F13...
[F14(k)paragraph 2(1) and 3(4) of Schedule 7 to the Electricity Order (individual meters),]
[F15(l)section 6(2) of the Energy Prices Act 2022, except section 6(2)(c) insofar as non-compliance with the terms of the designated scheme involves the amounts payable by or to the Secretary of State under the scheme; and
(m)section 22 of the Energy Prices Act 2022,]
are specified for the purposes of paragraph (1).
(5) In respect of holders of an electricity distribution licence—
(a)Article 12(1) of the Electricity Order (General duties of electricity distributors and transmission licence holders);
(b)Articles 19 to 26 of the Electricity Order (Duty to connect on request);
(c)Article 43A of the Electricity Order (Overall standards of performance: electricity distributors); and
(d)Article 45A of the Electricity Order (Information to be given to customers about overall performance),
are specified for the purposes of paragraph (1).
(6) In respect of holders of an electricity transmission licence—
(a)Article 12(2) of the Electricity Order (General duties of electricity distributors and transmission licence holders);
(b)Article 10B(1) or (2) and Article 10C(3) of the Electricity Order insofar as they apply to that person; F16...
(c)Articles 10C(7) or (8) and (9) and 10I(10), (11) and (12) of the Electricity Order insofar as they apply to that person [F17; and]
[F18(d)Article 53A(2) of the Electricity Order insofar as it applies to that person,]
are specified for the purposes of paragraph (1).
[F19(6A) In respect of a regional co-ordination centre,
(a)Article 53A(2) of the Electricity Order insofar as it applies to that person; and
(b)Article 53A(3) and (4) of the Electricity Order (regional coordination centres),
are specified for the purposes of paragraph (1).]
(7) The Department shall for the purposes of paragraph (1) designate those provisions of the Electricity Regulation which impose a duty or requirement on any or on any particular regulated person in respect of such persons and shall publish any such designation in the Belfast Gazette
[F20(8) In paragraphs (1) and (3)(b), the references to provisions in the Electricity Regulation designated under this Article are to be treated as including provisions of the 2009 Electricity Market Regulation that were designated under this Article before the coming into force of the Electricity and Gas (Internal Markets) Regulations 2020.]
F11Arts. 41A, 41B inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 76
F12Word in art. 41A(4)(i) omitted (25.7.2014) by virtue of Energy Efficiency Regulations (Northern Ireland) 2014 (S.R. 2014/198), reg. 6(a)
F13Word in art. 41A(4)(j) omitted (25.10.2022) by virtue of Energy Prices Act 2022 (c. 44), s. 30(6), Sch. 7 para. 10(a) (with s. 29)
F14Art. 41A(4)(k) inserted (25.7.2014) by Energy Efficiency Regulations (Northern Ireland) 2014 (S.R. 2014/198), reg. 6(c)
F15Art. 41A(4)(l)(m) inserted (25.10.2022) by Energy Prices Act 2022 (c. 44), s. 30(6), Sch. 7 para. 10(b) (with ss. 6, 29)
F16Word in art. 41A(6) omitted (31.12.2020) by virtue of The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 28(a)(i)
F17Word in art. 41A(6) substituted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 28(a)(ii)
F18Art. 41A(6)(d) added (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 28(a)(ii)
F19Art. 41A(6A) inserted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 28(b)
F20Art. 41A(8) inserted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 7(7)
41B.—(1) In the case of gas, “relevant requirement” in respect of any regulated person means any duty or other requirement imposed on that person by or under a provision
(a)specified in this Article; or
(b)in the Gas Regulation and designated under this Article,
in respect of that person.
(2) In respect of any licence holders, Article 27(4)(b) is specified for the purposes of paragraph (1).
(3) In respect of holders of a gas supply licence—
(a)Section 3(4) of the Energy Act (Northern Ireland) 2011 (Overall standards of performance);
(b)Section 5(3) of the Energy Act (Northern Ireland) 2011 (Standards for promoting efficient use of gas);
(c)Section 7 of the Energy Act (Northern Ireland) 2011 (Information to be given to customers about overall performance);
(d)Section 8 of the Energy Act (Northern Ireland) 2011 (Procedures for dealing with complaints);
(e)the Electricity and Gas (Billing) (No. 2) Regulations (Northern Ireland) 2010;
(f)Articles 10C(8) and (9) of the Electricity Order (Certification procedure);
(g)Articles 10I(11) and (12) of the Electricity Order (Monitoring and review of certification);
(h)articles 8C(4) and (5) of the Gas Order (Certification procedure); F21. . .
(i)Articles 8I(11) and (12) of the Gas Order (Monitoring and review of certification) [F22; F23...]
[F24(j)Article 21A of the Gas Order (individual meters).]
[F25(k)section 7(2) of the Energy Prices Act 2022, except section 7(2)(c) insofar as non-compliance with the terms of the designated scheme involves the amounts payable by or to the Secretary of State under the scheme; and
(l)section 22 of the Energy Prices Act 2022,]
are specified for the purposes of paragraph (1).
(4) In respect of holders of a gas conveyance licence —
(a)Section 3(4) of the Energy Act (Northern Ireland) 2011 (Overall standards of performance);
(b)Section 7 of the Energy Act (Northern Ireland) 2011 (Information to be given to customers about overall performance),
are specified for the purposes of paragraph (1).
(5) In respect of holders of a gas conveyance licence involved in gas transmission—
(a)Article 8B(1) or (2) of the Gas Order and Article 8B(1) or (2) of the Electricity Order insofar as they apply to that person; and
(b)Article 8C(3), (4) and (5) and 8I(10), (11) and (12) of the Gas Order insofar as they apply to that person,
are specified for the purposes of paragraph (1).
(6) The Department shall for the purposes of paragraph (1) designate those provisions of the Gas Regulation which impose a duty or requirement, on any or on any particular, regulated person in respect of such persons and shall publish any such designation in the Belfast Gazette.]
F11Arts. 41A, 41B inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 76
F21Word in art. 41B(3)(h) omitted (25.7.2014) by virtue of Energy Efficiency Regulations (Northern Ireland) 2014 (S.R. 2014/198), reg. 7(a)
F22Word in art. 41B(3)(i) substituted (25.7.2014) by Energy Efficiency Regulations (Northern Ireland) 2014 (S.R. 2014/198), reg. 7(b)
F23Word in art. 41B(3)(i) omitted (25.10.2022) by virtue of Energy Prices Act 2022 (c. 44), s. 30(6), Sch. 7 para. 11(a) (with s. 29)
F24Art. 41B(3)(j) inserted (25.7.2014) by Energy Efficiency Regulations (Northern Ireland) 2014 (S.R. 2014/198), reg. 7(c)
F25Art. 41B(3)(k)(l) inserted (25.10.2022) by Energy Prices Act 2022 (c. 44), s. 30(6), Sch. 7 para. 11(b) (with ss. 7, 29)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: