Designation of Authority as national regulatory authority for Northern Ireland3A

1

The Authority is designated as the national regulatory authority for Northern Ireland in accordance with Article 35(3) of the Electricity Directive and Article 39(3) of the Gas Directive.

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.

Report on activities as designated regulatory authority6A

1

The Authority shall, each year, prepare a report (the “regulatory authority report”) on the activities it has carried out in the preceding 12 months in its capacity as designated regulatory authority for Northern Ireland.

2

The regulatory authority report shall include, in particular, a general survey of the steps taken and results achieved by the Authority in the performance of its functions under Article 37 of the Electricity Directive and Article 41 of the Gas Directive.

3

In preparing the regulatory authority report, the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.

4

The first regulatory authority report shall be prepared by 1st July 2012.

5

Subsequent regulatory authority reports shall be prepared by 1st July each year.

6

As soon as is practicable after preparing a regulatory authority report, the Authority shall—

a

send a copy of it to—

i

the Department;

ii

the European Commission; and

iii

the Agency; and

b

publish it in such manner as the Authority considers appropriate for bringing it to the attention of others who may be interested in it.

Decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission6B

The Authority shall carry out its functions in the manner that it considers is best calculated to implement, or to ensure compliance with, any binding decision of the Agency or the European Commission made under the Electricity Directive, the Gas Directive, the Electricity Regulation, the Gas Regulation or the Agency Regulation.

5

The Authority shall—

a

prepare and keep under review, with a view to making any necessary changes, guidance for consumers of gas and electricity which:

i

addresses all matters included in any document published by the European Commission pursuant to Article 3(16) of the Electricity Directive and Article 3(12) of the Gas Directive; and

ii

may include any other information relating to the rights of the consumers which the Authority considers appropriate;

b

consult the Council when preparing and keeping under review the guidance referred to in paragraph (a); and

c

publish that guidance by making it available on its website and any other manner as the Authority considers appropriate for the purpose of bringing it to the attention of the consumers and others likely to be interested.

6

The first such guidance shall be published on or before 1st December 2011.

Duty on the authority to have regard to the need for consultation and co-operation with other authorities8A

1

When carrying out its functions as designated regulatory authority for Northern Ireland, the Authority shall, to the extent it considers necessary, consider whether there is a need to—

a

consult and co-operate with the Agency or the designated regulatory authorities of Great Britain or other Member States;

b

provide the Agency or the designated regulatory authorities of Great Britain or other Member States with information they may require in order to carry out their functions under the Electricity Directive, the Gas Directive, the Electricity Regulation, the Gas Regulation or the Agency Regulation; and

c

consult relevant national authorities.

2

In meeting its duty under paragraph (1) the Authority shall, wherever it thinks fit, co-operate with the designated regulatory authorities of Great Britain or other Member States within a regions with a view to achieving, within that region, compliance with those requirements of the Third Package which apply in relation to regions to provide for regional co-operation.

3

In this Article.—

• “region” means—

  1. a

     in relation to electricity, any geographical area defined in accordance with Article 12(3) of the Electricity Regulation which includes Northern Ireland; and

  2. b

     in relation to gas, any geographical area defined in accordance with Article 12(3) of the Gas Regulation which includes Northern Ireland;

• “relevant national authority” means any of the following—

  1. a

     the Competition Commission;

  2. b

     the Office of Communications; and

  3. c

     the Office of Fair Trading.

4

The provisions of this Article are without prejudice to any provision of the SEM Order.

1

Any person may make a complaint under this Article (hereinafter referred to as “a complaint”) if—

a

the subject matter of the complaint constitutes a dispute between the complainant and—

i

the holder of a transmission licence;

ii

the holder of a distribution licence; or

iii

a distribution exemption holder;

b

it is wholly or mainly a complaint against that holder regarding an obligation imposed upon him pursuant to the Directive; and

c

the subject matter of the complaint—

i

does not fall to be dealt with under Article 26 or Article 42A; and

ii

is not capable of being determined pursuant to any other provision of this Order.

3B

the activities to which paragraph (1) applies include, in particular, the matters specified in the following provisions of the Directive as matters to be monitored—

a

Article 26(3);

b

Article 37(1)(g) to (k), (m) and (q) to (t); and

c

where an independent system operator has been designated under Article 10H of this Order, Article 37(3)(a), (b) and (f).

3B

The activities to which paragraph (1) applies include, in particular, the matters specified in the following provisions of the Directive as matters to be monitored—

a

Article 26(3);

b

Article 41(1)(g) to (k), (m), (n) and (r) to (t);

c

where an independent system operator has been designated under Article 8H of this Order, Article 41(3)(a) and (b); and

d

where a person has been certified on the basis of the third certification ground (independent transmission operator) in Article 8F and designated as a gas transmission operator under Article 8H of this Order, Article 41(5)(b) and (d); and

e

Article 41(9).

27A

1

Any person may make a complaint under this Article (hereinafter referred to as “a complaint”) if—

a

the subject matter of the complaint constitutes a dispute between the complainant and—

i

a person holding a licence under Article 8(1)(a);

ii

a person holding a licence under Article 8(1)(b);

iii

a gas conveyance exemption holder; or

iv

a gas storage exemption holder;

b

it is wholly or mainly a complaint against that holder regarding an obligation imposed on him pursuant to the Directive; and

c

the subject matter of the complaint is not capable of being determined pursuant to any other Article of this Order or any condition of the licence held by the holder.