Energy (Northern Ireland) Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/419 |
2003 No. 419 (N.I. 6)
NORTHERN IRELAND
The Energy (Northern Ireland) Order 2003
27thFebruary 2003
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
1. |
Title and commencement |
2. |
Interpretation |
PART II
NEW REGULATORY ARRANGEMENTS
The Northern Ireland Authority for Energy Regulation
3. |
The Northern Ireland Authority for Energy Regulation |
4. |
Transfer to Authority of functions, property, etc. of Directors |
5. |
Forward work programme of the Authority |
6. |
Annual and other reports of Authority |
7. |
Publication by Authority of advice and information about consumer matters |
8. |
Powers of Authority in relation to external matters |
The energy group of the General Consumer Council
9. |
The energy group of the General Consumer Council for Northern Ireland |
10. |
Forward work programme of the Council |
General
11. |
Co-operation between Authority and Council |
PART III
OBJECTIVES OF REGULATION OF ELECTRICITY AND GAS
Electricity
12. |
The principal objective and general duties of the Department and the Authority in relation to electricity |
13. |
Exceptions from the general duties |
Gas
14. |
The principal objective and general duties of the Department and the Authority in relation to gas |
15. |
Exceptions from the general duties |
PART IV
FUNCTIONS OF THE GENERAL CONSUMER COUNCIL
16. |
Preliminary |
17. |
Acquisition and review of information |
18. |
Provision of advice and information to public authorities and other persons |
19. |
Provision of information to consumers |
20. |
Publication of statistical information about complaints |
21. |
Power to publish advice and information about consumer matters |
22. |
Consumer complaints |
23. |
Power of Council to investigate other matters |
24. |
Provision of information to Council |
25. |
Publication of notice of reasons |
26. |
Provision of information by Council to Authority |
27. |
Articles 24 to 26: supplementary |
PART V
LICENCES
New kinds of licences
28. |
New kind of electricity transmission licence |
29. |
Conversion of existing electricity transmission licences |
30. |
New kind of gas conveyance licence |
31. |
Conversion of existing gas conveyance licences |
32. |
New standard conditions for gas conveyance licences |
Conditions of licences
33. |
Conditions of electricity licences |
34. |
Conditions of gas licences |
35. |
Standard conditions of gas licences |
Modification of licences following Competition Commission report
36. |
Modification of electricity licences following Competition Commission report |
37. |
Modification of gas licences following Competition Commission report |
38. |
Modification of licences: general provisions |
Powers to alter licensable activities
39. |
Power to alter activities requiring electricity licence |
40. |
Power to alter activities requiring gas licence |
PART VI
ENFORCEMENT
Introductory
41. |
Introductory |
Orders for securing compliance
42. |
Orders for securing compliance |
43. |
Procedural requirements |
44. |
Validity and effect of orders |
Financial penalties
45. |
Financial penalties |
46. |
Statement of policy with respect to penalties |
47. |
Time limits on the imposition of financial penalties |
48. |
Interest and payment of instalments |
49. |
Appeals |
50. |
Recovery of penalties |
Power to require information
51. |
Power to require information |
PART VII
ELECTRICITY FROM RENEWABLE SOURCES
52. |
Obligation in connection with electricity from renewable sources |
53. |
Orders under Article 52: supplementary |
54. |
Green certificates |
55. |
Payment as alternative to complying with order under Article 52 |
56. |
Power to amend this Part |
57. |
Non-fossil fuel obligation |
58. |
Abolition of fossil fuel levy |
PART VIII
MISCELLANEOUS AND SUPPLEMENTARY
Common tariff for conveyance of gas through designated pipe-lines
59. |
Designation of pipe-lines for purposes of common tariff |
60. |
Modification of gas licences: common tariff for conveyance of gas through designated pipe-lines |
Miscellaneous
61. |
Grants for energy purposes |
62. |
Reasons for decisions |
63. |
General restrictions on disclosure of information |
64. |
Assignment of wayleaves |
Supplementary
65. |
Amendments, transitional and transitory provisions, savings and repeals |
66. |
Regulations, orders and directions |
67. |
Power to make transitional, consequential and saving provisions |
SCHEDULES:
Schedule 1 |
The Northern Ireland Authority for Energy Regulation |
Schedule 2 |
Orders altering licensable activities |
Schedule 3 |
Amendments |
Schedule 4 |
Transitional and transitory provisions and savings |
Schedule 5 |
Repeals |
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
At the Court at Buckingham Palace, the 27th day of February 2003
Present,
The Queen's Most Excellent Majesty in Council
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) 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 Energy (Northern Ireland) Order 2003.
(2) Except as provided by paragraph (3), this Order shall come into operation on such day or days as the Department may by order appoint.
(3) The following provisions come into operation on the day after the day on which this Order is made -
(a) this Part;(b) Articles 59 and 60;(c) Article 64;(d) Articles 66 and 67;(e) paragraph 1(2) of Schedule 3 (and Article 65 so far as relating thereto);(f) Schedule 4 (and Article 65 so far as relating thereto).Interpretation
2. - (1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order -
"authorised supplier" -
(a) in relation to electricity, means a person authorised by a licence or exemption to supply electricity;(b) in relation to gas, means a person authorised by a licence or exemption to supply gas;"the Authority" means the Northern Ireland Authority for Energy Regulation;
"consumers" includes both existing consumers and future consumers;
"the Council" means the General Consumer Council for Northern Ireland;
"the Department" means the Department of Enterprise, Trade and Investment;
"electricity licence" means a licence under Article 10 of the Electricity Order;
"the Electricity Order" means the Electricity (Northern Ireland) Order 1992 (NI 1);
"gas licence" means a licence under Article 8 of the Gas Order;
"the Gas Order" means the Gas (Northern Ireland) Order 1996 (NI 2);
"licence holder" means the holder of an electricity licence or a gas licence;
"Northern Ireland" has the same meaning as in the Northern Ireland Act 1998 (c.47);
"statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
(3) Expressions used in this Order, as regards matters relating to electricity, which are defined in Article 2 or 3 of the Electricity Order or used in Part II of that Order have the same meaning as in that Part of that Order.
(4) Expressions used in this Order, as regards matters relating to gas, which are defined in Article 2 or 3 of the Gas Order or used in Part II of that Order have the same meaning as in that Part of that Order.
PART II
NEW REGULATORY ARRANGEMENTS
The Northern Ireland Authority for Energy Regulation
The Northern Ireland Authority for Energy Regulation
3. - (1) There shall be a body corporate to be known as the Northern Ireland Authority for Energy Regulation (in this Order referred to as "the Authority") for the purpose of carrying out -
(a) functions transferred to the Authority from the Director General of Gas for Northern Ireland and the Director General of Electricity Supply for Northern Ireland; and(b) the other functions of the Authority under this Order.(2) The functions of the Authority are performed on behalf of the Crown.
(3) The expenses of the Authority shall be defrayed out of money appropriated for that purpose by Act of the Assembly.
(4) The offices of Director General of Gas for Northern Ireland and Director General of Electricity Supply for Northern Ireland are abolished.
(5) Schedule 1 has effect with respect to the Authority.
Transfer to Authority of functions, property, etc. of Directors
4. - (1) The functions, property, rights and liabilities of the Director General of Gas for Northern Ireland and the Director General of Electricity Supply for Northern Ireland ("the Directors") are transferred to the Authority.
(2) Any statutory provision or any document which -
(a) refers to either of the Directors; and(b) was passed or made before the transfer effected by paragraph (1),shall have effect after the transfer, so far as necessary for the purposes of or in consequence of the transfer, as if references to the Director were references to the Authority.
(3) Anything which -
(a) has been done by or in relation to either of the Directors for the purpose of or in connection with anything transferred by this Article; and(b) is in effect immediately before it is transferred,shall be treated as if done by or in relation to the Authority.
(4) Anything (including legal proceedings) which -
(a) relates to anything transferred; and(b) is in the process of being done by or in relation to either of the Directors immediately before it is transferred,may be continued by or in relation to the Authority.
(5) Nothing in this Article affects the validity of anything done by or in relation to either of the Directors before the transfer takes effect.
Forward work programme of the Authority
5. - (1) The Authority shall, before each financial year, publish a document (the "forward work programme") containing a general description of the projects, other than those comprising routine activities in the exercise of its functions, which it plans to undertake during the year.
(2) That description shall include the objectives of each project.
(3) The forward work programme for any year shall also include an estimate of the overall expenditure which the Authority expects to...
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