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Statutory Rules of Northern Ireland

2007 No. 320 (C. 21)

electricity

GAS

The Energy (2003 Order) (Commencement No. 5) Order (Northern Ireland) 2007

Made

2nd July 2007

The Department of Enterprise, Trade and Investment, in exercise of the powers conferred on it by Article 1(2) of the Energy (Northern Ireland) Order 2003(1) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation, commencement, interpretation and application

1.  This Order may be cited as the Energy (2003 Order) (Commencement No. 5) Order (Northern Ireland) 2007.

Appointed day

2.  3rd July 2007 is the day appointed for the coming into operation of the provisions of the Energy (Northern Ireland) Order 2003 listed in column 1 of the Schedule for the purposes set out in column 3 thereof.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment

on 2nd July 2007.

Legal seal

Jenny Pyper

A senior officer of the

Department of Enterprise, Trade and Investment

Article 2

SCHEDULE 1PROVISIONS OF THE ENERGY (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 3rd JULY 2007

Provision of the Order (1)Subject Matter (2)Purpose (3)
Article 28New kind of electricity transmission licenceFor all remaining purposes
Article 29Conversion of existing electricity transmission licencesFor all purposes
The following paragraphs of Schedule 3 and Article 65 in so far as it relates to them—Amendments to—
  • paragraphs 1(1) except the words “, in the definition of “authorised area”, omit the words “(b) or” and “transmit or” and”

The Electricity (Northern Ireland) Order 1992(a)For all purposes
  • paragraphs 2, 3(2), 4, 5, 6, 10, 11, 13, 18

The Electricity (Northern Ireland) Order 1992For all purposes
In Schedule 5 the following entries (and Article 65 in so far as it relates to them)—Repeals
  • the entry relating to the words “(b) or” in Article 11A(2)(a) of the Electricity (Northern Ireland) Order 1992

For all purposes
  • the entry relating to the words “(b) or” in Article 13(4) of the Electricity (Northern Ireland) Order 1992

For all purposes

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the coming into operation on 3rd July 2007 of the following provisions of the Energy (Northern Ireland) Order 2003—

(a)Article 28 which replaces the current prohibition in the Electricity Order on transmitting electricity for certain specified purposes without a licence or exemption with a new prohibition on participating in such transmission without a licence.

(b)Article 29 which provides for any existing licence to transmit electricity under Article 10(1)(b) of the Electricity Order to have effect, after the date on which Article 28 comes into operation, as a licence to participate in the transmission of electricity.

(c)Certain consequential amendments of and repeals to the Electricity (Northern Ireland) Order 1992 effected by Schedules 3 and 5, and Article 65 in so far as it relates to them.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Energy (Northern Ireland) Order 2003 came into operation on the day after the Order was made (28th February 2003) or have been brought into operation by the Energy (2003) Order) (Commencement No. 1) Order (Northern Ireland) 2003 (S.R. 2003 No 203 (C.15)), the Energy (2003 Order ) (Commencement No. 2) Order (Northern Ireland) 2004 (S.R. 2004 No. 71 (C.1)), the Energy (2003 Order) (Commencement No. 3) Order (Northern Ireland) 2005 (S.R. 2005 No. 31 (C. 2)), or by the Energy (2003 Order ) (Commencement No. 4) Order (Northern Ireland) 2007 (S.R. 2007 No. 283 (C.16)).

ProvisionDate of CommencementS.I. No.
Articles 1 and 228.02.03
Articles 3 to 211.04.032003 No. 203 (C. 15)
Articles 22 (partially)1.04.032004 No. 71 (C. 1)
(remainder)2.03.042004 No. 71 (C. 1)
Articles 23 to 271.04.032003 No. 203 (C. 15)
Article 28 (partially)5.05.072007 No. 283 (C. 16)
Articles 32(1) and (2)2.03.042004 No. 71 (C. 1)
Articles 33 to 351.04.032003 No. 203 (C. 15)
Articles 36 to 402.03.042004 No. 71 (C. 1)
Article 41 (partially)1.04.032003 No. 203 (C. 15)
(partially)2.03.042004 No. 71 (C. 1)
(partially)10.02.052005 No. 31 (C. 2)
Articles 42 to 441.04.032003 No. 203 (C. 15)
Article 45(9) (partially)1.04.032003 No. 203 (C. 15)
Article 45 (for all remaining purposes)2.03.042004 No. 71 (C. 1)
Article 46 (partially)1.04.032003 No. 203 (C. 15)
(remainder)2.03.042004 No. 71 (C. 1)
Articles 47 to 502.03.042004 No. 71 (C. 1)
Article 51 (partially)1.04.032003 No. 203 (C. 15)
(remainder)2.03.042004 No. 71 (C. 1)
Article 52(6) (partially)2.03.042004 No. 71 (C. 1)
(partially)10.02.052005 No. 31 (C. 2)
Articles 53 to 5510.02.052005 No. 31 (C. 2)
Article 562.03.042004 No. 71 (C. 1)
Article 57(2) to (8)2.03.042004 No. 71 (C. 1)
Article 59 and 6028.02.03
Article 61 to 631.04.032003 No. 203 (C. 15)
Article 6428.02.03
Article 65 and Sch. 328.02.03
(partially)1.04.032003 No. 203 (C. 15)
(partially)2.03.042004 No. 71 (C. 1)
(partially)10.02.062005 No. 31 (C. 2)
Schedule 5 (partially)1.04.032003 No. 203 (C. 15)
(partially)2.03.042004 No. 71 (C. 1)
Articles 66 and 6728.02.03
Schedule 11.04.032003 No. 203 (C. 15)
Schedule 22.03.042004 No. 71 (C. 1)
Schedule 428.02.03