PART VIIIMISCELLANEOUS PROVISIONS

Amendments to the Electricity Order

I180

In Article 3 of the Electricity Order—

a

for the definition of “the Directive” there shall be substituted the following definition—

  • “the Directive” means European Parliament and Council Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC;

b

there shall be inserted at the appropriate places the following definitions—

  • “the 2011 Regulations” means the Gas and Electricity (Internal Markets)Regulations (Northern Ireland) 2011;

  • “vertically integrated undertaking” has the meaning given in Article 2(21) of the Directive;

Annotations:
Commencement Information
I1

Reg. 80 in operation at 15.4.2011, see reg. 1

I281

In Article 11B of the Electricity Order—

a

in paragraph(1)(b), for the words “Article 7” there shall be substituted the words “Article 8”; and

b

in paragraph 5, for the words “Article 7” there shall be substituted the words “Article 8”.

Annotations:
Commencement Information
I2

Reg. 81 in operation at 15.4.2011, see reg. 1

I382

In Article 40(6), for the words “Article 22(2)” there shall be substituted the words “Article 34(2)”.

Annotations:
Commencement Information
I3

Reg. 82 in operation at 15.4.2011, see reg. 1

Amendments to the Energy Order

I483

In Article 2 of the Energy Order, there shall be inserted at the appropriate places the following definitions—

  • “the Agency” means the Agency for the Cooperation of Energy Regulators, established under the Agency Regulation;

  • “designated regulatory authority” means an authority designated in accordance with Article 35 of the Electricity Directive or Article 39 of the Gas Directive;

  • “exemption holder” means any person who is—

    1. a

      an electricity generation exemption holder;

    2. b

      an electricity distribution exemption holder;

    3. c

      an electricity supply exemption holder;

    4. d

      a gas conveyance exemption holder;

    5. e

      a gas storage exemption holder; or

    6. f

      a gas supply exemption holder;

  • “the Agency Regulation” means Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators;

  • “the Electricity Directive” means Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC;

  • “the Electricity Regulation” means Regulation (EC) No. 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No. 1228/2003;

  • “electricity distribution exemption holder” means a person who carries on the activity referred to in Article 8(1)(bb) of the Electricity Order under the authority of an exemption granted pursuant to Article 9 of that Order;

  • “electricity generation exemption holder” means a person who carries on the activity referred to in Article 8(1)(a) of the Electricity Order under the authority of an exemption granted pursuant to Article 9 of that Order;

  • “electricity supply exemption holder” means a person who carries on the activity referred to in Article 8(1)(c) of the Electricity Order under the authority of an exemption granted pursuant to Article 9 of that Order;

  • “the Gas Directive” means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC;

  • “the Gas Regulation” means Regulation (EC) No. 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No. 1775/2005;

  • “gas conveyance exemption holder” means a person who carries on the activity referred to in Article 6(1)(a) of the Gas Order under the authority of an exemption granted pursuant to Article 7 of that Order;

  • “gas storage exemption holder” means a person who carries on the activity referred to in Article 6(1)(b) of the Gas Order under the authority of an exemption granted pursuant to Article 7 of that Order;

  • “gas supply exemption holder” means a person who carries on the activity referred to in Article 6(1)(c) of the Gas Order under the authority of an exemption granted pursuant to Article 7 of that Order;

  • “Third Package” means—

    1. a

      the Electricity Directive;

    2. b

      the Gas Directive;

    3. c

      the Agency Regulation;

    4. d

      the Electricity Regulation; and

    5. e

      the Gas Regulation.

Annotations:
Commencement Information
I4

Reg. 83 in operation at 15.4.2011, see reg. 1

I584

In Article 38 of the Energy Order—

a

In paragraph (1), for the words “European Parliament and Council Directive 2003/54/EC concerning common rules for the internal market in electricity and repealing Directive 96/92/EC” there shall be substituted the words “the Electricity Directive”; and

b

in paragraph (2), for the words “European Parliament and Council Directive 2003/55/EC concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC” there shall be substituted “the Gas Directive”.

Annotations:
Commencement Information
I5

Reg. 84 in operation at 15.4.2011, see reg. 1

Amendments to the Gas Order

I685

In Article 3 of the Gas Order—

a

for the definition of “the Directive” there shall be substituted the following definition—

  • “the Directive” means European Parliament and Council Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC;

b

for the definition of “the Commission Decision” there shall be substituted the following definition—

  • “the Commission Decision” means Commission Decision PH (2005) 0791 granting a derogation from certain provisions of Directive 2003/55/EC of the European Parliament and of the Council in respect of Northern Ireland;

c

there shall be inserted at the appropriate places the following definitions—

  • “the 2011 Regulations” means The Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011;

  • “vertically integrated undertaking” has the meaning given in Article 2(20) of the Directive.

Annotations:
Commencement Information
I6

Reg. 85 in operation at 15.4.2011, see reg. 1

I786

In Article 8(7B)(b), for the words “Article 24(2)” there shall be substituted the words “Article 38(2)”.

Annotations:
Commencement Information
I7

Reg. 86 in operation at 15.4.2011, see reg. 1

I887

In Article 9A(1)(a), for the words “Article 24(1)” there shall be substituted the words “Article 38(1)”.

Annotations:
Commencement Information
I8

Reg. 87 in operation at 15.4.2011, see reg. 1

I988

In Article 45(1A), for the words “Article 10 or 14” there shall be substituted the words “Article 16 or 27”.

Annotations:
Commencement Information
I9

Reg. 88 in operation at 15.4.2011, see reg. 1

Amendments to the Energy Act (Northern Ireland) 2011I1089

In Section 17(5) of the Energy Act (Northern Ireland) 2011, in paragraph (a) of the definition of “relevant licence”, after the words “Article 10(1)(b)” there shall be inserted the words “or Article 10(1)(bb)”.