{ "url": "https://openlegislation.uk/draft-electricity-and-gas-etc-amendment-etc-eu-exit-regulations-2019/regulation-98", "json_url": "https://openlegislation.uk/draft-electricity-and-gas-etc-amendment-etc-eu-exit-regulations-2019/regulation-98.json", "legislation": "ukdsi/2019/9780111179772", "legislation_title": "The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019", "legislation_url": "https://openlegislation.uk/draft-electricity-and-gas-etc-amendment-etc-eu-exit-regulations-2019", "path": "regulation/98", "kind": "regulation", "number": "98", "heading": "The Electricity (Northern Ireland) Order 1992", "text": "For Article 11AC (licensing and energy efficiency) substitute—\n“Licensing and energy efficiency\n11AC. (1) Subject to paragraph (7), where a customer of the holder of a licence granted under Article 10(1)(c) takes a supply of electricity through a smart meter, the conditions included in that licence must require the holder of the licence to ensure that—\n(a) the meter complies with standards corresponding to those set out in Article 9(2)(a) and 10(2) of the Energy Efficiency Directive and where the customer so requests, Article 9(2)(c) of that Directive;\n(b) the customer is provided with the information specified in Article 9(2)(a) and 10(2) of the Energy Efficiency Directive;\n(c) the customer is provided with the information specified in Article 10(2)(b) of the Energy Efficiency Directive in the manner mentioned in that provision;\n(d) where the customer so requests, the customer or another person acting on the customer’s behalf is provided with the information specified in Article 9(2)(d) of the Energy Efficiency Directive in the manner mentioned in that provision;\n(e) the meter is physically secure and any information provided by it is held in a manner that complies with the requirements of any relevant legislation relating to data protection; and\n(f) advice and information specified in Article 9(2)(e) of the Energy Efficiency Directive is provided to the customer.\n(2) For the purposes of paragraph (1)(b) and (c), the reference to Article 10(2) of the Energy Efficiency Directive is to be read as a reference to that Article with the modifications that—\n(a) the words “installed in accordance with Directives 2009/72/EC and 2009/73/EC” are to be omitted; and\n(b) the reference to “Member States” is to be read as a reference to “the Authority”.\n(3) Where a customer of the holder of a licence under Article 10(1)(c) does not take a supply of electricity through a smart meter, the conditions included in that licence must require the holder of the licence to ensure that any bill or statement of account provided to the customer is accurate and based on actual consumption and that the information specified in paragraph 1.1 of Annex VII to the Energy Efficiency Directive is provided to the customer in the manner specified in that provision.\n(4) The conditions included in a licence under Article 10(1)(c) must require the holder of the licence to ensure that—\n(a) where a customer so requests, the information specified in Article 10(3)(a) of the Energy Efficiency Directive is provided to an energy service provider designated by the customer;\n(b) any bill or statement of account sent to the customer—\n(i) contains the information specified in Article 10(3)(c) of and paragraph 1.2 and 1.3 of Annex VII to the Energy Efficiency Directive;\n(ii) complies with any guidance issued and published by the Authority; and\n(iii) where the customer so requests, is provided in an electronic format;\n(c) where a customer so requests, the information specified in Article 10(3)(b) of the Energy Efficiency Directive is provided to the customer;\n(d) any customer taking a supply of electricity from the licence holder is provided with the information specified in paragraph 1.3 of Annex VII to the Energy Efficiency Directive in contract documentation;\n(e) any information provided to a customer in accordance with conditions included under this paragraph is provided in a timely manner and in an easily understandable format enabling customers to compare deals on a like-for-like basis;\n(f) a charge is not made in respect of any bill or statement of account sent to a customer or in respect of any information provided to the customer (whether in the bill or statement of account or otherwise).\n(5) The conditions included in a licence under Article 10(1)(b) must ensure that—\n(a) criteria corresponding to those specified in Annex XI to the Energy Efficiency Directive in relation to network regulation and network tariffs are satisfied;\n(b) in relation to electricity from high efficiency co-generation, the licence holder complies with requirements corresponding to those set out in Annex XII of the Energy Efficiency Directive;\n(c) where the licence holder is required to be responsible for conducting balancing services and other operational services—\n(i) such services are part of a service bidding process which is transparent, non-discriminatory and open to scrutiny; and\n(ii) in meeting the requirements for such services and ancillary services, the licence holder treats the persons mentioned in Article 15(8), second indent of the Energy Efficiency Directive in a non-discriminatory manner on the basis of their technical capabilities;\n(d) the licence holder carries out tasks corresponding to the tasks specified for transmission system operators by Article 15(8), third indent of the Energy Efficiency Directive.\n(6) The conditions included in a licence under Article 10(1)(bb) must ensure that—\n(a) any customer taking a supply of electricity distributed by the licence holder is provided with the information mentioned in paragraph 1.3 of Annex VII to the Energy Efficiency Directive in contract documentation;\n(b) network regulation and network tariffs comply with criteria corresponding to those set out in Annex XI to the Energy Efficiency Directive;\n(c) the licence holder complies with requirements corresponding to those set out in Annex XII to the Energy Efficiency Directive in relation to electricity from high efficiency co-generation;\n(d) where the licence holder is required to be responsible for conducting balancing services and other operational services—\n(i) such services are part of a service bidding process which is transparent, non-discriminatory and open to scrutiny; and\n(ii) in meeting the requirements for such services and ancillary services, the licence holder treats the persons mentioned in Article 15(8), second indent of the Energy Efficiency Directive in a non-discriminatory manner on the basis of their technical capabilities;\n(e) the licence holder carries out tasks corresponding to the tasks specified for distribution system operators by Article 15(8), third indent of the Energy Efficiency Directive.\n(7) The duty on the Authority in paragraph (1) to include conditions in a licence only has effect where the Department—\n(a) has determined that it is technically possible, financially reasonable and proportionate in relation to the potential energy savings to implement a programme for the widespread provision of smart meters; and\n(b) notifies the Authority in writing to that effect.\n(8) In this Article—\n(a) “the Energy Efficiency Directive” means the European Parliament and Council Directive 2012/27/EU on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC;\n(b) “smart meter” means—\n(i) an electricity meter which can send and receive information using an electronic communications network; or\n(ii) an electricity meter and a device which is associated with or ancillary to that meter and which enables information to be sent and received by the meter using an electronic communications network;\n(c) “electronic communications network” has the same meaning as in section 32 of the Communications Act 2003; and\n(d) other expressions which are also used in the Energy Efficiency Directive have the same meaning as in that Directive.”.", "extent": null, "status": null, "version": "current", "annotations": [ { "type": "footnote", "label": "f1", "text": "OJ L 315, 14.11.2012, p. 1." }, { "type": "footnote", "label": "f2", "text": "2003 c.21. Section 32 has been amended by S.I. 2011/1210." } ], "outstanding_effects": [], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/ukdsi/2019/9780111179772/regulation/98", "retrieved_at": "2026-10-30T15:01:16.883466+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }