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The Electricity and Gas (Internal Markets) Regulations 2011 in Northern Ireland

S.I. 2011/2704 · Made 9 November 2011 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Electricity

Gas

Made 9th November 2011

Coming into force in accordance with regulation 1(1)

The Secretary of State is designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to energy and energy sources.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, that Act.

These Regulations make provision for a purpose mentioned in section 2(2) of that Act and it appears to the Secretary of State that it is expedient for any reference in these Regulations to an Annex to the following instruments to be construed as a reference to that Annex as amended from time to time—

  1. (a)

    Regulation 2009/714/EC of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation 2003/1228/EC M3,

  2. (b)

    Regulation 2009/715/EC of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation 2005/1775/EC M4, as amended by Commission Decision 2010/685/EU of 10 November 2010 amending Chapter 3 of Annex I to Regulation 2009/715/EC M5, and

  3. (c)

    Commission Regulation 2010/838/EU of 23 September 2010 on laying down guidelines relating to the inter-transmission system operator compensation mechanism and a common regulatory approach to transmission charging M6.

These Regulations make provision for a purpose mentioned in section 2(2) of that Act and it appears to the Secretary of State that it is expedient for any reference in these Regulations to an Annex to the following instruments to be construed as a reference to that Annex as amended from time to time—

  1. (a)

    Regulation 2009/714/EC of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation 2003/1228/EC ,

  2. (b)

    Regulation 2009/715/EC of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation 2005/1775/EC , as amended by Commission Decision 2010/685/EU of 10 November 2010 amending Chapter 3 of Annex I to Regulation 2009/715/EC , and

  3. (c)

    Commission Regulation 2010/838/EU of 23 September 2010 on laying down guidelines relating to the inter-transmission system operator compensation mechanism and a common regulatory approach to transmission charging .

Annotations to the whole text

Marginal citations

M1

S.I. 2010/761.

M2

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008. Another amendment has been made that is not relevant for these purposes.

M3

OJ No L 211, 14.08.2009, p. 15.

M4

OJ No L 211, 14.08.2009, p. 36.

M5

OJ No L 293, 11.11.2010, p. 67.

M6

OJ No L 250, 24.09.2010, p. 5.

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. Part 2: Consumer protection
  4. 3National Consumer Council to provide guidance to energy consumers
  5. 4Gas transmission and the operation of gas interconnectors: independence
  6. 5Electricity transmission and the operation of electricity interconnectors: independence
  7. 6Independence of storage facilities
  8. 7General duties of storage facility owners, LNG import or export facility owners etc
  9. 8Duty to allow others to use storage facilities: exemptions for new and modified facilities
  10. 9Duty to allow others to use storage facilities: review and revocation of exemptions
  11. 10Duty to allow others to use storage facilities
  12. 11Duty to allow others to use LNG import or export facilities: exemptions for new and modified facilities
  13. 12Duty to allow others to use LNG import or export facilities: review and revocation of exemptions
  14. 13Duty to allow others to use LNG import or export facilities
  15. 14Duty to allow others to use LNG import or export facilities: exemptions in relation to take-or-pay commitments
  16. 15Exempt new and modified facilities: mechanisms for the allocation of capacity
  17. 16Consequential amendments of the Petroleum Act 1998 in respect of storage facilities
  18. 17Transitional provision in relation to exempt storage and LNG import or export facilities
  19. 18Independence of gas transporters authorised to convey gas to premises
  20. 19Independence of electricity distributors
  21. 20Duties of gas distribution exemption holders and supply exemption holders
  22. 21Duties of electricity distribution exemption holders and supply exemption holders
  23. Designation, reporting and members
  24. 22Designation of the Gas and Electricity Markets Authority as the regulatory authority for Great Britain
  25. 23Authority to prepare annual reports on its activities as designated regulatory authority
  26. 24Members of the Gas and Electricity Markets Authority
  27. 25Definitions in the Utilities Act 2000
  28. Principal objectives
  29. 26Authority's principal objective in relation to gas
  30. 27Authority's principal objective in relation to electricity
  31. Dispute resolution
  32. 28Authority's dispute resolution functions in relation to gas
  33. 29Authority's dispute resolution functions in relation to electricity
  34. Monitoring
  35. 30Authority's monitoring functions in relation to gas
  36. 31Authority's monitoring functions in relation to electricity
  37. Binding decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission
  38. 32Binding decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission in relation to gas
  39. 33Binding decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission in relation to electricity
  40. Consultation and cooperation
  41. 34Authority to consult and cooperate with other authorities in relation to gas
  42. 35Authority to consult and cooperate with other authorities in relation to electricity
  43. 36Confidentiality requirements in respect of cross-border exchanges of information
  44. 37Enforcement provisions of the Gas Act 1986
  45. 38Saving provision in relation to enforcement action under section 22 of the Gas Act 1986
  46. 39Enforcement provisions of the Electricity Act 1989
  47. 40Amendment of Electricity and Gas (Determination of Turnover for Penalties) Order 2002
  48. 41Amendment of licence modification provisions in the Gas Act 1986
  49. 42Transitional and savings provision for the Gas Act 1986 in relation to modification of licence conditions, references to the Competition Commission and Competition Commission membership
  50. 43Amendment of licence modification provisions in the Electricity Act 1989
  51. 44Transitional and savings provision for the Electricity Act 1989 in relation to modification of licence conditions, references to the Competition Commission and Competition Commission membership
  52. 45Minor and consequential amendments
  53. 46Amendment of section 19E of the Gas Act 1986
  54. 47Amendment of section 48 of the Gas Act 1986
  55. 48Amendment of section 64 of the Electricity Act 1989
  56. 49Modifications of standard conditions of gas licences
  57. 50Modifications of standard conditions of electricity licences
  58. 51Review
  59. Signature
  60. Schedule 1Duties of gas distribution exemption holders and supply exemption holders
  61. Schedule 2Duties of electricity distribution exemption holders and supply exemption holders
  62. Schedule 5Procedure for appeals under section 23B of the Gas Act 1986
  63. Schedule 6Procedure for appeals under section 11C of the Electricity Act 1989
  64. Schedule 7: Modification of standard conditions of licences granted under the Gas Act 1986
  65. Part 1: Interpretation
  66. 1Paragraph 1
  67. Part 2: Standard conditions of gas transporter licences
  68. 2Paragraph 2
  69. Part 3: Standard conditions of gas supply licences
  70. 3Paragraph 3
  71. Part 4: Standard conditions of gas interconnector licences
  72. 4Paragraph 4
  73. Schedule 8: Modification of standard conditions of licences granted under the Electricity Act 1989
  74. Part 1: Interpretation
  75. 1Paragraph 1
  76. Part 2: Standard conditions of electricity transmission licences
  77. 2Paragraph 2
  78. Part 3: Standard conditions of electricity distribution licences
  79. 3Paragraph 3
  80. Part 4: Standard conditions of electricity supply licences
  81. 4Paragraph 4
  82. Part 5: Standard conditions of electricity interconnector licences
  83. 5Paragraph 5
  84. Explanatory note