Electricity Act 1989

Section 25(8)

[F1 SCHEDULE 6A U.K. Provisions imposing obligations enforceable as relevant requirements

Textual Amendments

F1 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 [F2 (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);

[F3 (ca) Article 43(2) of the Electricity Balancing Regulation (nomination obligations in the balancing timeframe);]

(d) in the Electricity Regulation—

(i) [F4 Article 50(5)] (provision of information relating to the transmission system etc),

(ii) [F5 Article 16(10) and (12)] (duties relating to intended use of capacity);

F6 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (f) Article 36(4) of the FCA Regulation (nomination obligations in the long-term timeframe);

(g) in the Transparency Regulation—

(i) Article 4 (submission and publication of data),

(ii) Article 6 (information on total load),

(iii) Article 7 (information relating to the unavailability of consumption units),

(iv) Article 8 (year-ahead forecast margin),

(v) Article 9 (transmission infrastructure),

(vi) Article 10 (information relating to the unavailability of transmission infrastructure),

(vii) Article 11 (information relating to the estimation and offer of cross zonal capacities),

(viii) Article 12 (information relating to the use of cross zonal capacities),

(ix) Article 13 (information relating to congestion management measures),

(x) Article 14 (forecast generation),

(xi) Article 15 (information relating to the unavailability of generation and production units),

(xii) Article 16 (actual generation),

(xiii) Article 17 (balancing).]

Textual Amendments

F2 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)

F3 Sch. 6A para. 1(ca) inserted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 3(9)(a)(i)

F4 Words in Sch. 6A para. 1(d)(i) substituted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 3(9)(a)(ii)(aa)

F5 Words in Sch. 6A para. 1(d)(ii) substituted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 3(9)(a)(ii)(bb)

F6 Sch. 6A para. 1(e) omitted (25.2.2020) by virtue of The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 3(9)(a)(iii)

F7 Sch. 6A para. 1(f)(g) inserted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 3(9)(a)(iv)

Generation licence holders U.K.

2. U.K. [F8 Article 50(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.

Textual Amendments

F8 Words in Sch. 6A para. 2 substituted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 3(9)(b)

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);

[F9 (ca) any Article of the CACM Regulation, the Electricity Balancing Regulation or the FCA Regulation;]

[F10 (d) in the Electricity Regulation—

(i) Article 6(13) (duties in respect of publication of information),

(ii) Article 7 (duties in relation to day-ahead and intraday markets),

(iii) Article 9 (duties in relation to forward markets),

(iv) Article 16(1) to (4), (6), (10) and (11) (duties concerning capacity allocation and congestion management),

(v) Article 17(1) and (2) (duties in relation to cross-zonal capacity across timeframes),

(vi) Article 18(1), (3), (4) and (6) (duties relating to charges for access to networks, use of network and reinforcement),

(vii) Article 19(2) and (3) (congestion income),

(viii) Article 28(1) (duty to cooperate through the ENTSO for Electricity),

(ix) Article 33 (duty to pay costs of the ENTSO for Electricity),

(x) Article 34(1) and (2) (duties relating to regional cooperation),

(xi) Article 49(2) and (3) (duties relating to the inter-transmission system operator compensation mechanism),

(xii) Article 50(1) to (4) (duties relating to publication of specified information),

(xiii) Article 51(3) (duty to supply information relating to certification of transmission system operators);

(da) Article 8 (publication on the internet) of the Electricity Transmission System Operation Regulation;

(db) in the Network Code on Electricity Emergency and Restoration—

(i) Article 36(2) (publication of rules for suspension and restoration of market activities),

(ii) Article 39(1) duty to develop and publish rules for settlement in case of suspension of market activities);]

F11 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

[F12 (h) in the Transparency Regulation—

(i) Article 6 (information on total load),

(ii) Article 7 (information relating to the unavailability of consumption units),

(iii) Article 8 (year-ahead forecast margin),

(iv) Article 9 (transmission infrastructure),

(v) Article 10 (information relating to the unavailability of transmission infrastructure),

(vi) Article 11 (information relating to the estimation and offer of cross zonal capacities),

(vii) Article 12 (information relating to the use of cross zonal capacities),

(viii) Article 13 (information relating to congestion management measures),

(ix) Article 14 (forecast generation),

(x) Article 15 (information relating to the unavailability of generation and production units),

(xi) Article 16 (actual generation),

(xii) Article 17 (balancing).]

Textual Amendments

F9 Sch. 6A para. 4(ca) inserted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 3(9)(c)(i)

F10 Sch. 6A para. 4(d)-(db) substituted for Sch. 6A para. 4(d) (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 3(9)(c)(ii)

F11 Sch. 6A para. 4(e) omitted (25.2.2020) by virtue of The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 3(9)(c)(iii)

F12 Sch. 6A para. 4(h) inserted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 3(9)(c)(iv)

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) [F13 Article 51(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).

Textual Amendments

F13 Words in Sch. 6A para. 9(e) substituted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 3(9)(d)

[F14 Smart meter communication licence holders U.K.

Textual Amendments

F14 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).]

[F15 Nominated electricity market operators U.K.

Textual Amendments

F15 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).]

[F16 Interpretation U.K.

Textual Amendments

F16 Sch. 6A para. 10 and cross-heading substituted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 3(9)(e)

10. U.K. In this Schedule—

• “the Electricity Balancing Regulation” means Commission Regulation (EU) 2017/2195 of 23 November 2017 establishing a guideline on electricity balancing;

• “the Electricity Transmission System Operation Regulation” means Commission Regulation (EU) 2017/1485 of 2 August 2017 establishing a guideline on electricity transmission system operation;

• “the FCA Regulation” means Commission Regulation (EU) 2016/1719 of 26 September 2016 establishing a guideline on forward capacity allocation;

• “the ITC Regulation” means Commission Regulation (EU) 2010/838 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;

• “the Network Code on Electricity Emergency and Restoration” means Commission Regulation (EU) 2017/2196 of 24 November 2017 establishing a network code on electricity emergency and restoration;

• “the Transparency Regulation” means Commission Regulation (EU) No 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and amending Annex I to Regulation (EC) No 714/2009 of the European Parliament and of the Council.]

F17 11. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F17 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