Electricity Act 1989 (c. 29)

Textual Amendments

F1 Sch. 1 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F1 SCHEDULES

Section 25(8)

[F2 SCHEDULE 6A U.K. Provisions imposing obligations enforceable as relevant requirements

Textual Amendments

F2 Sch. 6A inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 39(5), Sch. 4 (as amended (14.1.2015) by S.I. 2014/3332, regs. 1(1), 7)

Modifications etc. (not altering text)

C1 Sch. 6A: power to amend conferred (18.12.2013) by Energy Act 2013 (c. 32), ss. 38(c), 156(3)

All licence holders U.K.

1. U.K. The following are relevant provisions in relation to all licence holders [F3 (except the holder of a smart meter communication licence)] —

(a) sections 32 to 32M;

(b) section 42C;

(c) section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements under section 24 of that Act);

(d) in the Electricity Regulation—

(i) Article 15(5) (provision of information relating to the transmission system etc),

(ii) Article 16(4) (duties relating to intended use of capacity);

(e) in Annex 1 to the Electricity Regulation (guidelines concerning capacity of interconnections between national systems)—

(i) points 2.11 and 2.13 (duties relating to nomination of, and compensation regarding, capacity),

(ii) point 5.5 (duties in respect of publication of data concerning cross-border trade).

Textual Amendments

F3 Words in Sch. 6A para. 1 inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 16(2)

Generation licence holders U.K.

2. U.K. Article 15(6) of the Electricity Regulation (duty to keep specified information at the disposal of the Authority) is a relevant provision in relation to the holder of a generation licence.

Transmission licence holders U.K.

3. U.K. The following are relevant provisions in relation to all holders of a transmission licence—

(a) section 9;

(b) sections 26 to 29 of the Energy Act 2010 (adjustment of charges to help disadvantaged groups of customers).

Persons required to be certified as to independence U.K.

4. U.K. The following are relevant provisions in relation to a person who holds a transmission licence or an interconnector licence and is required to be certified under section 10D—

(a) section 10A;

(b) section 10B(4) and (6);

(c) section 10J(2) and (4);

(d) in the Electricity Regulation—

(i) Article 3(3) (duty to supply information relating to certification of transmission system operators),

(ii) Article 4 (duty to cooperate through the ENTSO for Electricity),

(iii) Article 11 (duty to pay costs of the ENTSO for Electricity),

(iv) Article 12(1) and (2) (duties relating to regional cooperation),

(v) Article 13(2) and (3) (duties relating to the inter-transmission system operator compensation mechanism),

(vi) Article 14(1) to (3) and (5) (duties relating to charges for access to networks),

(vii) Article 15(1) to (4) (duties relating to publication of specified information),

(viii) Article 16(1), (2), (3), (5) and (6) (duties concerning congestion management);

(e) in Annex 1 to the Electricity Regulation (guidelines concerning capacity of interconnections between national systems)—

(i) points 1.1 to 1.9 (general provisions),

(ii) points 2.1 to 2.7, 2.9, 2.10 and 2.12 (congestion management methods),

(iii) points 3.1, 3.2 and 3.4 to 3.6 (coordination of allocation and congestion-management procedures),

(iv) points 4.1 to 4.4 (timetable for market operations),

(v) [F4 points 5.1 to 5.4 and 5.10] (duties relating to transparency),

(vi) points 6.1, 6.3, 6.4 and 6.6 (duties relating to the use of congestion income);

(f) Article 2 of the ITC Regulation (duty to apply access charges in accordance with guidelines);

(g) in Part A of the Annex to the ITC Regulation—

(i) point 1.3 (duties concerning the ITC fund),

(ii) point 1.4 (duty to supply information regarding implementation of ITC mechanism),

(iii) point 6.1 (duty to make contributions to the ITC fund),

(iv) point 7.2 (duty to impose use fee on third country electricity imports and exports).

Textual Amendments

F4 Words in Sch. 6A para. 4(e)(v) substituted (24.4.2017) by The Electricity and Gas (Internal Markets) Regulations 2017 (S.I. 2017/493), regs. 1(1), 6(2)

Distribution licence holders U.K.

5. U.K. The following are relevant provisions in relation to the holder of a distribution licence—

(a) section 9;

(b) sections 16 to 23;

(c) section 40A;

(d) sections 42 and 42A;

(e) section 42AB;

(f) sections 43, 46 and 47 of the Consumers, Estate Agents and Redress Act 2007 (complaints);

(g) sections 26 to 29 of the Energy Act 2010 (adjustment of charges to help disadvantaged groups of consumers).

Supply licence holders U.K.

6. U.K. The following are relevant provisions in relation to the holder of a supply licence—

(a) section 40;

(b) sections 42 and 42A;

(c) section 42AB;

(d) sections 43, 46 and 47 of the Consumers, Estate Agents and Redress Act 2007 (complaints);

(e) paragraph 3(4) of Schedule 2ZA;

(f) in the Energy Act 2010—

(i) section 9 (schemes for reducing fuel poverty),

(ii) section 11 (reconciliation mechanism),

(iii) sections 26 to 29 (adjustment of charges to help disadvantaged groups of consumers).

Distribution exemption holders U.K.

7. U.K. The following paragraphs of Schedule 2ZA are relevant provisions in relation to a distribution exemption holder—

(a) paragraph 1(3), (4) and (6) to (8);

(b) paragraph 2(2) to (4), (6) and (9);

(c) paragraph 3(6), (12)(a) and (13);

(d) paragraph 5(1) to (4), (6), (8) and (9);

(e) paragraph 6(2);

(f) paragraph 7(2) and (4);

(g) paragraph 8(4) and (9);

(h) paragraph 9;

(i) paragraph 13(2);

(j) paragraph 14(5), (6), (9) and (12);

(h) paragraph 15(1).

Supply exemption holders U.K.

8. U.K. The following are relevant provisions in relation to a supply exemption holder—

(a) paragraph 3(4) of Schedule 2ZA;

(b) the following paragraphs of Schedule 2ZB—

(i) paragraph 1(2), (3), (6) and (7),

(ii) paragraph 2(6),

(iii) paragraph 3(1) and (3),

(iv) paragraph 4,

(v) paragraph 5(1), (6) and (8),

(vi) paragraph 6,

(vii) paragraph 7.

Electricity undertakings which are relevant producers or suppliers U.K.

9. U.K. The following are relevant provisions in relation to an electricity undertaking which is a relevant producer or supplier—

(a) section 10B(5) and (6);

(b) section 10J(3) and (4);

(c) section 8D(5) and (6) of the Gas Act 1986 (duties concerning supply of information for application for certification as to independence);

(d) section 8L(3) and (4) of that Act (duties concerning supply of information for review of certification as to independence);

(e) Article 3(3) of the Electricity Regulation (duty to supply information relating to certification of electricity transmission system operators);

(f) Article 3(3) of the Gas Regulation (duty to supply information relating to certification of gas transmission system operators).

[F5 Smart meter communication licence holders U.K.

Textual Amendments

F5 Sch. 6A para. 9A and cross-heading inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), art. 16(3)

9A. U.K. The following are relevant provisions in relation to the holder of a smart meter communication licence—

(a) section 42C; and

(b) section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements under section 24 of that Act).]

[F6 Nominated electricity market operators U.K.

Textual Amendments

F6 Sch. 6A para. 9B inserted (24.4.2017) by The Electricity and Gas (Internal Markets) Regulations 2017 (S.I. 2017/493), regs. 1(1), 6(3)

9B. U.K. The following provisions in the CACM Regulation are relevant provisions in relation to a nominated electricity market operator (“NEMO”)—

(a) Article 7(1) to (4) (NEMO tasks);

(b) Article 9(1), (4), (9), (12) and (14) (duties relating to development and adoption of terms and conditions or methodologies);

(c) Article 10 (day-to-day management of the single day-ahead and intraday coupling);

(d) Article 12 (duties relating to consultation);

(e) Article 13 (confidentiality obligations);

(f) Articles 32(5), 43(2), 56(2), 72(2) and 82(6) (requirements to provide information);

(g) Articles 36 and 37 (duties in relation to algorithm development);

(h) Articles 38, 39(1) to (3), 40, 41, 42, 45, 46(2), 47(4) to (6), 48(1), (3) and (4) and 50 (duties and requirements relating to single day-ahead coupling);

(i) Articles 51, 52, 53, 54, 55(1) and (4), 57, 58(3), 59(5) to (7), 60 and 62 (duties and requirements relating to single intraday coupling);

(j) Article 65(1) (removal of explicit allocation);

(k) where the NEMO is a central counter party (within the meaning given by Article 2(42) of the CACM Regulation), Article 68 (duties relating to clearing and settlement);

(l) Articles 75 to 77 and 80 (duties in relation to cost recovery);

(m) Article 81 (requirements relating to delegation of tasks).]

Interpretation U.K.

10. U.K. In this Schedule “ITC Regulation” means Commission Regulation 2010/838/EU of 23 September 2010 on laying down guidelines relating to the inter-transmission system operator compensation mechanism and a common regulatory approach to transmission charging.

F7 11. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F7 Sch. 6A para. 11 omitted (14.1.2015) by virtue of The Electricity and Gas (Internal Markets) Regulations 2014 (S.I. 2014/3332), regs. 1(1), 6