Electricity (Northern Ireland) Order 1992
| Year | 1992 |
1992 No. 231 (N.I. 1)
NORTHERN IRELAND
The Electricity (Northern Ireland) Order 1992
Made 11th February 1992
Coming into operation in accordance with Article 1(2)
At the Court at Buckingham Palace, the 11th day of February 1992
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the1Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I
INTRODUCTORY
Title and commencement
1.—(1) This Order may be cited as the Electricity (Northern Ireland) Order 1992.
(2) This Order shall come into operation on such day or days as the Head of the Department may by order appoint.
(3) An order under paragraph (2) may also appoint a day for the coming into operation of any provision of an order made under section 38(2) of the2Northern Ireland Constitution Act 1973 as necessary or expedient in consequence of this Order which appears to the Head of the Department to be consequential on any provision of this Order brought into operation by the order.
Interpretation
2.—(1) The 3Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“the Department” means the Department of Economic Development;
“the Director” means the Director General of Electricity Supply for Northern Ireland;
“modifications” includes additions, omissions, amendments and substitutions;
“prescribed” means prescribed by regulations;
“regulations”—
(a) except in Article 42 and Schedule 7, means regulations made by the Department;
(b) in Article 42 and Schedule 7, means regulations made by the Director, with the consent of the Department;
“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
PART II
ELECTRICITY SUPPLY
Introductory
Interpretation of Part II
3. In this Part—
“the 1973 Act” means the4Fair Trading Act 1973;
“the 1980 Act” means the5Competition Act 1980;
“authorised area”, in relation to a person authorised by a licence under sub-paragraph (b) or (c) of Article 10(1) to transmit or supply electricity, means so much of the area designated as such in the licence as is not for the time being designated in a subsequent licence under that sub-paragraph;
“electrical plant” means any plant, equipment, apparatus or appliance used for, or for purposes connected with, the generation, transmission or supply of electricity, other than—
(a) an electric line;
(b) a meter used for ascertaining the quantity of electricity supplied to any premises; or
(c) an electrical appliance under the control of a consumer;
“electric line” means any line which is used for carrying electricity for any purpose and includes—
(a) any support for any such line, that is to say, any structure, pole or other thing in, on, by or from which any such line is or may be supported, carried or suspended;
(b) any apparatus connected to any such line for the purpose of carrying electricity; and
(c) any wire, cable, tube, pipe or other similar thing (including its casing or coating) which surrounds or supports, or is surrounded or supported by, or is installed in close proximity to, or is supported, carried or suspended in association with, any such line;
“exemption” means an exemption under Article 9;
“extension” in relation to a generating station, includes the use by the person operating the station of any land (wherever situated) for a purpose directly related to the generation of electricity by that station;
“final order” means an order under Article 28 other than a provisional order;
“generating station”, in relation to a generating station wholly or mainly driven by water, includes all structures and works for holding or channelling water for a purpose directly related to the generation of electricity by that station;
“high voltage line” means an electric line of a nominal voltage exceeding 110 kilovolts; and “low voltage line” shall be construed accordingly;
“information” includes accounts, estimates and returns;
“licence” means a licence granted under Article 10;
“licence holder” means the holder of a licence granted under Article 10;
“line” means any wire, cable, tube, pipe or other similar thing (including its casing or coating) which is designed or adapted for use in carrying electricity;
“the Monopolies Commission” means the Monopolies and Mergers Commission;
“notice” means notice in writing;
“premises” includes any land, building or structure;
“private electricity supplier” means a person, other than a public electricity supplier, who is authorised by a licence or exemption to supply electricity;
“provisional order” means an order under Article 28 which, if not previously confirmed in accordance with paragraph (4) of that Article, will cease to have effect at the end of such period (not exceeding 3 months) as is determined by or under the order;
“public electricity supplier” means any person who is authorised by a licence under Article 10(1)(c) to supply electricity except where he is acting otherwise than for purposes connected with the supply of electricity to premises in his authorised area;
“relevant condition”, in relation to a licence holder, means any condition of his licence;
“relevant requirement”, in relation to a licence holder, means any duty or other requirement imposed on him by or under Article 12 or Articles 19 to 26;
“supply”, in relation to electricity, means supply through electric lines otherwise than to premises occupied by a licence holder for the purpose of carrying on the activities which he is authorised by his licence to carry on;
“tariff customer” means a person who requires a supply of electricity under Article 19 and is supplied by the public electricity supplier otherwise than on the terms specified in such an agreement as is mentioned in Article 25(1);
“transferred provision” has the meaning assigned to it by section 1(g) of the6Interpretation Act (Northern Ireland) 1954;
“transmit”, in relation to electricity, means transmit by means of a transmission system, that is to say, a system which consists (wholly or mainly) of high voltage lines and electrical plant and is used for conveying electricity from a generating station to a substation, from one generating station to another or from one substation to another;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the7Banking and Financial Dealings Act 1971.
General duties of the Department
4.—(1) It shall be the duty of the Department to exercise the functions assigned or transferred to the Department by this Part in accordance with the following provisions of this Article.
(2) It shall be the duty of the Department to exercise the functions assigned or transferred to the Department by this Part in the manner which the Department considers is best calculated—
(a)
(a) to secure that all reasonable demands for electricity are satisfied;
(b)
(b) to secure that licence holders are able to finance the carrying on of the activities which they are authorised by their licences to carry on; and
(c)
(c) subject to paragraph (3), to promote competition in the generation and supply of electricity.
(3) It shall be the duty of the Department to exercise the functions assigned or transferred to the Department by this Part in the manner which the Department considers is best calculated to secure—
(a)
(a) that the prices charged to tariff customers by public electricity suppliers for electricity supplied under Article 19(1) to premises in any area specified in an order made by the Department are in accordance with tariffs which do not distinguish (whether directly or indirectly) between different parts of that area; and
(b)
(b) that public electricity suppliers are not thereby disadvantaged in competing with persons authorised by a licence or exemption to supply electricity to such premises.
(4) Subject to paragraphs (2) and (3), it shall be the duty of the Department to exercise the functions assigned or transferred to the Department by this Part in the manner which the Department considers is best calculated—
(a)
(a) to protect the interests of consumers of electricity supplied by persons authorised by licences to supply electricity in respect of—
(i) the prices charged and the other terms of supply;
(ii) the continuity of supply; and
(iii) the quality of the electricity supply services provided;
(b)
(b) to promote efficiency and economy on the part of persons authorised by licences to supply or transmit electricity and the efficient use of electricity supplied to consumers;
(c)
(c) to promote research into, and the development and use of, new techniques by or on behalf of persons authorised by a licence to generate, transmit or supply electricity;
(d)
(d) to protect the public from dangers arising from the generation, transmission or supply of electricity; and
(e)
(e) to secure the establishment and maintenance of machinery for promoting the health and safety of persons employed in the generation, transmission or supply of electricity;
and a duty to take into account, in exercising those functions, the effect on the physical environment of activities connected with the generation, transmission or supply of electricity.
(5) In performing the duty under paragraph (4)(a)(i), the Department shall take into account, in...
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