SCHEDULES

SCHEDULE 4Persons who are exempt

PART 2Definitions of persons who are exempt, conditions, limitations of exemption and savings

19. Essential utilities worker

39.

(1)

A worker engaged in essential or emergency works—

(a)

related to—

(i)

a generating station,

(ii)

an electricity interconnector,

(iii)

a district heat network as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 201433,

(iv)

communal heating as defined in regulation 2 of the Heat Network (Metering and Billing) Regulations 2014,

(v)

automated ballast cleaning and track re-laying systems on a network, or

(vi)

the commissioning, maintenance and repair of industrial machinery for use on a network, or

(b)

carried out by or on behalf of—

(i)

the national system operator,

(ii)

a person holding a transmission licence,

(iii)

a person holding a distribution licence,

(iv)

a person holding a licence under Article 8 of the Gas (Northern Ireland) Order 199634,

(v)

a LNG facility as defined in Article 3 of the Gas (Northern Ireland) Order 1996, or

(vi)

a person holding access rights under regulation 4 or holding a European licence granted under regulation 44 or recognised under regulation 45 of the Railways (Infrastructure Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 201635,

where they have travelled to the United Kingdom in the course of their work.

(2)

For the purposes of this paragraph—

(a)

“distribution licence” means a licence granted under Article 10(1)(bb) of the Electricity (Northern Ireland) Order 199236,

(b)

“essential or emergency works” includes commissioning, inspections, maintenance, repairs, and asset replacement activities,

(c)

“national system operator” means the person operating the national transmission system for Northern Ireland,

(d)

“network”, in sub-paragraph (1)(a)(v), has the meaning given in section 83(1) of the Railways Act 199337,

(e)

“transmission licence” means a licence granted under Article 10(1)(b) of the Electricity (Northern Ireland) Order 1992,

(f)

“generating station”, and “transmission system” have the meanings given in Article 3 of the Electricity (Northern Ireland) Order 1992.