Electricity (Northern Ireland) Order 1992

JurisdictionUK Non-devolved
CitationSI 1992/231

1992No. 231 (N.I. 1)

NORTHERN IRELAND

The Electricity (Northern Ireland) Order 1992

11thFebruary1992

ARRANGEMENT OF ORDER

Article

Part I

Introductory

1. Title and commencement.

2. Interpretation.

Part II

Electricity Supply

Introductory

3. Interpretation of Part II.

4. General duties of the Department.

5. The Director General of Electricity Supply for Northern Ireland.

6. General duties of the Director.

7. The Consumer Committee for Electricity.

Licensing of supply, etc.

8. Prohibition on unlicensed supply, etc.

9. Exemptions from Article 8.

10. Licences authorising supply, etc.

11. Conditions of licences.

12. General duties of licence holders.

13. Powers, etc., of licence holders.

Modification of licences

14. Modification by agreement.

15. Modification references to Monopolies Commission.

16. Reports on modification references.

17. Modification following report.

18. Modi cation by order under other statutory provisions.

Supply by public electricity suppliers

19. Duty to supply on request.

20. Exceptions from duty to supply.

21. Power to recover charges.

22. Power to recover expenditure.

23. Power to require security.

24. Additional terms of supply.

25. Special agreements with respect to supply.

26. Determination of disputes.

27. The public electricity supply code.

Enforcement of preceding provisions

28. Orders for securing compliance.

29. Procedural requirements.

30. Validity and effect of orders.

31. Power to require information, etc.

Provisions with respect to supply generally

32. Regulations relating to supply and safety.

33. Electrical inspectors.

34. Use, etc., of meters.

Protection of public interest

35. Electricity from non-fossil fuel sources.

36. Fossil fuel levy.

37. Fuel stocks, etc., at generating stations.

38. Provisions supplementary to Article 37.

39. Consent required for construction, etc., of generating stations.

40. Consent required for overhead lines.

41. Preservation of amenity and fisheries.

Consumer protection: standards of performance

42. Electricity supply: performance in individual cases.

43. Electricity supply: overall performance.

44. Promotion of effi;cient use of electricity.

45. Information with respect to levels of performance.

Consumer protection: miscellaneous

46. Functions with respect to competition.

47. Fixing of maximum charges for reselling electricity.

Investigation of complaints

48. Investigation of enforcement matters.

49. Investigation of certain other matters.

Other functions of Director

50. General functions.

51. Publication of information and advice.

52. Keeping of register.

53. Annual and other reports.

Provisions with respect to the consumer committee

54. General duty of the consumer committee to advise Director, etc.

55. Periodical and other reports of the consumer committee.

Provisions with respect to the General Consumer Council

56. Abolition of the General Consumer Council's functions in relation to electricity.

57. Continuity of employment of employees of the General Consumer Council.

Miscellaneous

58. Directions for preserving security of electricity supplies, etc.

59. Provision of statistical information.

60. Promotion of new techniques in national interest.

61. General restrictions on disclosure of information.

62. Directions restricting the use of certain information.

63. Making of false statements, etc.

Supplemental

64. Powers to make regulations.

65. Concurrent proceedings.

66. Public inquiries.

67. Application to Crown land.

Part III

Reorganisation of the industry

Introductory

68. Interpretation of Part III.

Transfers to successor companies

69. Transfer of assets, etc., of Northern Ireland Electricity.

70. Transfer schemes under Article 69.

71. Functions of the Department in relation to transfer schemes.

72. Supplementary provisions as to transfers under Article 69.

Ownership of successor companies

73. Initial Government holding in the companies.

74. Government investment in securities of the companies.

75. Exercise of functions through nominees.

76. Target investment limit for Government shareholding.

Finances of successor companies

77. Statutory reserves.

78. Statutory accounts.

79. Temporary restrictions on borrowings, etc.

80. Government lending to the companies.

81. Government guarantees for loans made to the companies.

82. Conversion or discharge of certain loans, or advances, etc.

83. Financial limits on borrowings, etc.

Provisions with respect to floatation

84. Responsibility for composite listing particulars.

85. Application of Trustee Investments Act 1961 in relation to investment in successor companies.

Provisions with respect to Northern Ireland Electricity

86. Dissolution, etc., of Northern Ireland Electricity.

87. Compensation to members and employees of Northern Ireland Electricity.

88. Grants towards expenditure during transitional period.

89. Amendment of pension scheme, etc.

Miscellaneous

90. Northern Ireland Electricity Stock.

91. Assembly disqualification.

Part IV

Supplemental

92. Repayment of fees.

93. Regulations and orders.

94. Directions.

95. Amendments, transitional provisions, savings and repeals.

SCHEDULE

Schedule 1

-The Director General of Electricity Supply for Northern Ireland.

Schedule 2

-The Consumer Committee for Electricity.

Schedule 3

-Compulsory acquisition of land.

Part I

-Compulsory acquisition of land by licence holders.

Part II

-Licence holders' land excluded from compulsory acquisition.

Schedule 4

-Other powers, etc., of licence holders.

Schedule 5

-Water rights for hydro-electric generating stations.

Schedule 6

-The public electricity supply code.

Schedule 7

-Use, etc., of electricity meters.

Schedule 8-

Consents under Articles 39 and 40.

Schedule 9

-Preservation of amenity and fisheries.

Schedule 10

-Transfers under Article 69.

Schedule 11

-Pensions.

Schedule 12

-Amendments.

Schedule 13

-Transitional provisions and savings.

Part I

-Provisions and savings for Part II of Order.

Part II

-Provisions and savings for Part III of Order.

Part III

-Other savings.

Schedule 14

-Repeals.

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 the Northern Ireland Act 1974 ( a)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.

(a) 1974 c. 28

(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 the Northern Ireland Constitution Act 1973 ( a) 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 Interpretation Act (Northern Ireland) 1954 ( b) 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 the Fair Trading Act 1973 ( c) ;

"the 1980 Act " means the Competition Act 1980 ( d) ;

"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

(a) 1973 c. 36

(b) 1954 c. 33 (N.I.)

(c) 1973 c. 41

(d) 1980 c. 2

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...

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