Article 50 General functions

Northern Ireland

(1)

It shall be the duty of the Director, so far as it appears to him practicable to do so—

(a)

to keep under review the carrying on both in Northern Ireland and elsewhere of activities to which this paragraph applies; and

(b)

to collect information with respect to those activities, and the persons by whom they are carried on, with a view to facilitating the exercise of his F1electricity functions;

and this paragraph applies to any activities connected with the generation, transmission F2, distribution and supply of electricity, including in particular activities connected with the supply to any premises of heat produced in association with electricity and steam produced from and air and water heated by such heat.

(2)

The Department may F3issue guidance indicating—

(a)

considerations to which the Director should have particular regard in determining the order of priority in which matters are to be brought under review in performing his duty under paragraph (1)(a) or (b); and

(b)

considerations to which, in cases where it appears to the Director that any of his electricity functions are exercisable, he should have particular regard in determining whether to exercise those functions.

F4(2A)

A direction under paragraph (2) does not apply in relation to—

(a)

the exercise by the SEM Committee of its functions under Article 6(2) or 8 of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007;

(b)

the Authority in giving effect to any decision of the SEM Committee'.

(3)

It shall be the duty of the Director, where either he considers it expedient or he is requested by the Department orF5 the CMA to do so, to give information, advice and assistance to the Department or the CMA with respect to any matter in respect of which any of the electricity functions of the Authority is exercisable.

(3A)

In this Article “electricity functions” means—

(a)

functions under this Part; and

(b)

functions under the Energy (Northern Ireland) Order 2003 relating to electricityF6 and

(c)

functions under the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007.

F7(3B)

The activities to which paragraph (1) applies include, in particular, the matters specified in the following provisions of the Directive as matters to be monitored—

(a)

Article 35(3);

(b)

Article 59(1)(k), (l), (n), (p), (q), and (u) to (w);

(c)

Article 59(1)(o) except insofar as it relates to the monitoring of —

(i)

the impact of dynamic electricity price contracts and of the use of smart metering systems; and

(ii)

the relationship between household and wholesale prices, the evolution of grid tariffs and levies;

(d)

where an independent system operator has been designated under Article 10H of this Order, Article 59(5)(a), (b) and (f); and

(e)

Article 62(1)(g).

(3C)

The Authority must, every two years, publish a report in relation to the matters specified in Article 59(1)(l) of the Directive and that report must contain such recommendations in respect of those matters as the Authority shall consider appropriate.

(3D)

The Authority must every year make a report to the Agency for the Co-operation of Energy Regulators in respect of the matters monitored under paragraph (3B)(d).

Para. (4) rep. by 2003 NI 6

Annotations

Textual amendments

F1: 2003 NI 6
F2: Word in art. 50(1) inserted (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 11(1), Sch. 2 para. 13 (with transitional provisions in Pt. IV)
F3: Words in art. 50(2) substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 56
F4: Art. 50(2A) inserted (1.11.2007) by Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7)), arts. 1(3), 12, Sch. 4 para. 6(1); S.R. 2007/444, art. 2, Sch. 1
F5: Words in art. 50(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(11) (with art. 3)
F6: Art. 50(3A)(c) and preceding word added (20.6.2007) by Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7)), arts. 1(3), 12, Sch. 4 para. 6(2); S.R. 2007/303, art. 2, Sch.
F7: Art. 50(3B)-(3D) substituted for art. 50(3B) (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 15