OpenLegislation

The Energy (Northern Ireland) Order 2003

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2003, ISBN 0110443470

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before Parliament under paragraph 2(1)(a) of the Schedule to the Northern Ireland Act 2000, for approval by resolution of each House of Parliament.

NORTHERN IRELAND

Made 2003

Coming into operation in accordance with Article 1(2) and (3)

At the Court at Buckingham Palace, the day of 2003

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

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:—

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: NEW REGULATORY ARRANGEMENTS
  5. The Northern Ireland Authority for Energy Regulation
  6. 3The Northern Ireland Authority for Energy Regulation
  7. 4Transfer to Authority of functions, property, etc. of Directors
  8. 5Forward work programme of the Authority
  9. 6Annual and other reports of Authority
  10. 7Publication by Authority of advice and information about consumer matters
  11. 8Powers of Authority in relation to external matters
  12. The energy group of the General Consumer Council
  13. 9The energy group of the General Consumer Council for Northern Ireland
  14. 10Forward work programme of the Council
  15. General
  16. 11Co-operation between Authority and Council
  17. Part III: OBJECTIVES OF REGULATION OF ELECTRICITY AND GAS
  18. Electricity
  19. 12The principal objective and general duties of the Department and the Authority in relation to electricity
  20. 13Exceptions from the general duties
  21. Gas
  22. 14The principal objective and general duties of the Department and the Authority in relation to gas
  23. 15Exceptions from the general duties
  24. Part IV: FUNCTIONS OF THE GENERAL CONSUMER COUNCIL
  25. 16Preliminary
  26. 17Acquisition and review of information
  27. 18Provision of advice and information to public authorities and other persons
  28. 19Provision of information to consumers
  29. 20Publication of statistical information about complaints
  30. 21Power to publish advice and information about consumer matters
  31. 22Consumer complaints
  32. 23Power of Council to investigate other matters
  33. 24Provision of information to Council
  34. 25Publication of notice of reasons
  35. 26Provision of information by Council to Authority
  36. 27Articles 24 to 26: supplementary
  37. Part V: LICENCES
  38. New kinds of licences
  39. 28New kind of electricity transmission licence
  40. 29Conversion of existing electricity transmission licences
  41. 30New kind of gas conveyance licence
  42. 31Conversion of existing gas conveyance licences
  43. 32New standard conditions for gas conveyance licences
  44. Conditions of licences
  45. 33Conditions of electricity licences
  46. 34Conditions of gas licences
  47. 35Standard conditions of gas licences
  48. Modification of licences following Competition Commission report
  49. 36Modification of electricity licences following Competition Commission report
  50. 37Modification of gas licences following Competition Commission report
  51. 38Modification of licences: general provisions
  52. Powers to alter licensable activities
  53. 39Power to alter activities requiring electricity licence
  54. 40Power to alter activities requiring gas licence
  55. Part VI: ENFORCEMENT
  56. Introductory
  57. 41Introductory
  58. Orders for securing compliance
  59. 42Orders for securing compliance
  60. 43Procedural requirements
  61. 44Validity and effect of orders
  62. Financial penalties
  63. 45Financial penalties
  64. 46Statement of policy with respect to penalties
  65. 47Time limits on the imposition of financial penalties
  66. 48Interest and payment of instalments
  67. 49Appeals
  68. 50Recovery of penalties
  69. Power to require information
  70. 51Power to require information
  71. Part VII: ELECTRICITY FROM RENEWABLE SOURCES
  72. 52Obligation in connection with electricity from renewable sources
  73. 53Orders under Article 52: supplementary
  74. 54Green certificates
  75. 55Payment as alternative to complying with order under Article 52
  76. 56Power to amend this Part
  77. 57Non-fossil fuel obligation
  78. 58Abolition of fossil fuel levy
  79. Part VIII: MISCELLANEOUS AND SUPPLEMENTARY
  80. Common tariff for conveyance of gas through designated pipe-lines
  81. 59Designation of pipe-lines for purposes of common tariff
  82. 60Modification of gas licences: common tariff for conveyance of gas through designated pipe-lines
  83. Miscellaneous
  84. 61Grants for energy purposes
  85. 62Reasons for decisions
  86. 63General restrictions on disclosure of information
  87. 64Assignment of wayleaves
  88. Supplementary
  89. 65Amendments, transitional and transitory provisions, savings and repeals
  90. 66Regulations, orders and directions
  91. 67Power to make transitional, consequential and saving provisions
  92. Signature
  93. Schedule 1: THE NORTHERN IRELAND AUTHORITY FOR ENERGY REGULATION
  94. Membership
  95. 1Paragraph 1
  96. Terms of appointment, remuneration, pensions, etc.
  97. 2Paragraph 2
  98. 3Paragraph 3
  99. 4Paragraph 4
  100. Staff
  101. 5Paragraph 5
  102. Committees
  103. 6Paragraph 6
  104. Proceedings, etc.
  105. 7Paragraph 7
  106. 8Paragraph 8
  107. Performance of functions
  108. 9Paragraph 9
  109. Rule-making authority
  110. 10Paragraph 10
  111. Supplementary powers
  112. 11Paragraph 11
  113. Assembly disqualification
  114. 12Paragraph 12
  115. Assembly Ombudsman
  116. 13Paragraph 13
  117. Schedule 2: ORDERS ALTERING LICENSABLE ACTIVITIES
  118. Introductory
  119. 1Paragraph 1
  120. Application by Authority for order including new activities
  121. 2Paragraph 2
  122. References to Competition Commission
  123. 3Paragraph 3
  124. References under paragraph 3: time limits
  125. 4Paragraph 4
  126. References under paragraph 3: application of Enterprise Act 2002
  127. 5Paragraph 5
  128. Reports on references
  129. 6Paragraph 6
  130. Application by Authority for order excluding activities
  131. 7Paragraph 7
  132. Consultation by Department about order excluding activities
  133. 8Paragraph 8
  134. Schedule 3: AMENDMENTS
  135. The Electricity (Northern Ireland) Order 1992 (NI 1)
  136. 1Paragraph 1
  137. 2Paragraph 2
  138. 3Paragraph 3
  139. 4Paragraph 4
  140. 5Paragraph 5
  141. 6Paragraph 6
  142. 7Paragraph 7
  143. 8Paragraph 8
  144. 9Paragraph 9
  145. 10Paragraph 10
  146. 11Paragraph 11
  147. 12Paragraph 12
  148. 13Paragraph 13
  149. 14Paragraph 14
  150. 15Paragraph 15
  151. 16Paragraph 16
  152. 17Paragraph 17
  153. 18Paragraph 18
  154. 19Paragraph 19
  155. 20Paragraph 20
  156. The Gas (Northern Ireland) Order 1996 (NI 2)
  157. 21Paragraph 21
  158. 22Paragraph 22
  159. 23Paragraph 23
  160. 24Paragraph 24
  161. 25Paragraph 25
  162. 26Paragraph 26
  163. 27Paragraph 27
  164. 28Paragraph 28
  165. 29Paragraph 29
  166. 30Paragraph 30
  167. 31Paragraph 31
  168. 32Paragraph 32
  169. 33Paragraph 33
  170. 34Paragraph 34
  171. 35Paragraph 35
  172. 36Paragraph 36
  173. 37Paragraph 37
  174. 38Paragraph 38
  175. 39Paragraph 39
  176. Schedule 4: TRANSITIONAL AND TRANSITORY PROVISIONS AND SAVINGS
  177. Abolition of Consumer Committee for Electricity
  178. 1Paragraph 1
  179. First financial year of Authority
  180. 2Paragraph 2
  181. First forward work programmes of Authority and Council
  182. 3Paragraph 3
  183. Last annual reports of the Directors
  184. 4Paragraph 4
  185. Investigations being carried out under the Electricity Order
  186. 5Paragraph 5
  187. Investigations being carried out under the Gas Order
  188. 6Paragraph 6
  189. Grant of new electricity transmission licence
  190. 7Paragraph 7
  191. 8Paragraph 8
  192. Grant of new licence under Article 8(1)(a) of Gas Order
  193. 9Paragraph 9
  194. Modification of licences following Competition Commission report
  195. 10Paragraph 10
  196. 11Paragraph 11
  197. Enforcement
  198. 12Paragraph 12
  199. Financial penalties
  200. 13Paragraph 13
  201. Consultation concerning common tariff
  202. 14Paragraph 14
  203. Modification of existing licences
  204. 15Paragraph 15
  205. References to Directors General
  206. 16Paragraph 16
  207. References to Office of Fair Trading
  208. 17Paragraph 17
  209. References to provisions of the Enterprise Act 2002
  210. 18Paragraph 18
  211. Schedule 5REPEALS
  212. Explanatory note