Electricity Regulations Northern Ireland 2007 No 321

Published date04 July 2007
Year2007
Energy SectorElectricity
STATUTORY RULES OF NORTHERN IRELAND
2007 No. 321
ELECTRICITY
ELECTRICITY REGULATIONS (NORTHERN IRELAND) 2007
Made - - - - 3rd July 2007
The Department of Enterprise, Trade and Investment, being a Department designated for the
purposes of section 2(2) of the European Communities Act 1972(a) in relation to measures
relating to the regulation of the electricity sector(b), in exercise of the powers conferred on it by
the said section 2(2), and of every other power enabling it in that behalf, hereby makes the
following Regulations:
PART I
INTRODUCTORY
Citation and commencement
1.—(1) These Regulations may be cited as the Electricity Regulations (Northern Ireland) 2007
and, subject to paragraphs (2) and (3) shall come into operation forthwith.
(2) Part II and regulation 61 shall, subject to paragraph (3) come into operation on
1 November 2007.
(3) Article 43B of the 1992 Order (as inserted by regulation 10) shall have effect forthwith
insofar as it authorises the Authority to issue a notice under paragraph (1)(b) thereof.
Interpretation
2.—(1) The Interpretation Act (Northern Ireland) 1954(c) shall apply to these Regulations as it
applies to an Act of th e Assembly.
(2) In these Regulations—
“the Authority” means the Northern Ireland Authority for Utility Regulation;
“the 1992 Order” means the Electricity (Northern Ireland) Order 1992(d);
“the Department” means the Department of Enterprise, Trade and Investment;
“the Energy Order” means the Energy (Northern Ireland) Order 2003(e).
(c) 1954 c. 33 (N.I.)
(d) S.I. 1992/231 (N.I. 1)
(e) S.I. 2003/419 (N.I. 6)
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PART II
AMENDMENTS TO THE 1992 ORDER
Revocation and replacement
3. The 1992 Order shall be amended as provided by this Part.
Interpretation
4. In Article 3 (Interpretation of Part II) —
(a) the definition of “authorised area” shall be deleted;
(b) after the definition of “Directive” there shall be inserted the following definition:
“distribute” in relation to electricity, means distribute by means of a distribution system, that
is to say, a system which consists (wholly or mainly) of low voltage lines and electrical plant
and is used for conveying electricity to any premises or to any other distribution system;
(c) after the definition of “electric line” there shall be inserted the following definitions:
“electricity distributor” means any person who is authorised by a licence under Article
10(1)(b) except where he is acting otherwise than for purposes connected with the distribution
by him of electricity;
“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
carrying on of activities authorised by the licence;
(d) in the definition of “electrical plant” after “transmission” there shall be inserted
“, distribution”;
(e) the definitions of “private electricity supplier”, “public electricity supplier” and “tariff
customer” shall be deleted.
Electricity Supply Code
5.—(1) For Article 27 (Public Electricity Supply Code) there shall be substituted—
“Electricity Supply Code
27. Schedule 6 (which relates to the distribution and supply of electricity) shall have
effect.”.
(2) For Schedule 6 (Public Electricity Supply Code) there shall be substituted the Schedule set
out in Schedule 1 to these Regulations.
Licences
6.—(1) For Article 10(1)(c) there shall be substituted the following sub-paragraph—
“(c) to supply electricity to any premises.”
(2) For Article 10(2) there shall be substituted the following paragraphs
“(2) A licence under Article 10(1)(c) may authorise the holder to supply electricity—
(a) to any premises;
(b) only to premises specified in the licence, or to premises of a description so
specified; or
(c) only to any premises situated in a specified area, or to premises of a specified
description which are so situated.
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(2A) The grantor may, with the consent of the holder of a supply licence, modify terms
included in the licence in pursuance of paragraph (2) so as to extend or restrict the premises
to which the licence holder may give a supply of electricity.”
(3) In Article 10(3) the words “or extension” shall be deleted.
(4) For Article 10(7) and (8) there shall be substituted
“(7) As soon as practicable after granting a licence, the Department shall send a copy of
the licence to the Authority and, in the case of a licence under paragraph (1)(b), to any
licence holder under that sub-paragraph whose interests may be affected by the grant.
(8) As soon as practicable after granting any licence under paragraph (1)(b) the Authority
shall send a copy of the licence to any licence holder under that sub-paragraph whose
interests may be affected by the gran t.”.
Licence holders
7. For Article 12 there shall be substituted:
“General duties of electricity distributors and transmission licence holders
12.—(1) It shall be the duty of an electricity distributor to—
(a) develop and maintain an efficient, coordinated and economical system of
electricity distribution; and
(b) facilitate competition in the supply and generation of electricity.
(2) It shall be the duty of the holder of a licence under Article 10(1)(b), as appropriate
having regard to the activities authorised by the licence, to—
(a) take such steps as a re reasonably practicable to—
(i) ensure the development and maintenance of an efficient, co-ordinated and
economical system of electricity transmission which has the long-term ability
to meet reasonable demands for the transmission of electricity; and
(ii) contribute to security of supply through adequate transmission capacity and
system reliability; and
(b) facilitate competition in the supply and generation of electricity.”.
8.—(1) For Article 13(1) there shall be substituted the following paragraph—
“(1) Subject to paragraph (2), Schedule 3 (which makes provision with respect to the
compulsory acquisition of land) and Schedule 4 (which confers other powers and makes
other provision) shall have effect—
(a) in relation to the holder of a licence under Article 10(1)(b) except where he is
acting for purposes connected with the distribution of electricity;
(b) in relation to the holder of a licence under Article 10(1)(b) to the extent that his
licence so provides where he is acting for purposes connected with the distribution
of electricity; and
(c) to the extent that his licence so provides, in relation to any other licence holder;
and references in those Schedules to a licence holder shall be construed accordingly.”.
(2) Article 13(4) is repealed.
Duty to connect
9.— For Articles 19 to 26 there shall be substituted the following Articles—
“Duty to connect on request
19.—(1) An electricity distributor is under a duty—

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