Article 9 Exemptions from Article 8

Northern Ireland

(1)

The Department may, after consultation with the Director, by order grant exemption from sub-paragraph (a) F1, F2(bb) (c) or (d) of Article 8(1).

(2)

An exemption granted to persons of a particular class shall be published in such manner as the Department considers appropriate for bringing it to the attention of persons of that class.

F3(3)

An exemption granted under paragraph (1)—

(a)

shall, if the order under paragraph (1) so provides, have effect for such period as may be specified in or determined under the order;

(F4aa)

may be granted subject to such conditions as appear to the Department to be requisite or expedient to ensure that the activity authorised by the exemption is carried out in compliance with the relevant requirements and prohibitions laid down by the Directive; and

(b)

may be revoked or amended by a subsequent order under that paragraph.

(4)

The requirement to consult imposed by paragraph (1) shall not apply to the granting of any exemptions which, having regard to the provisions of Article 8, need to be granted before that Article comes into operation.

F5(5)

If any condition pursuant to paragraph 3(aa) of an exemption granted to persons of a class is not complied with by any person of that class, the Department may give to that person a direction declaring that the exemption is revoked, so far as relating to that person, to such extent and as from such date as may be specified in the direction.

Annotations

Textual amendments

F1: Words in art. 9(1) substituted (5.5.2007 for certain purposes otherwise 20.6.2007) by Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7)), arts. 1(3), 4(3); S.R. 2007/284, art. 2, Sch.; S.R. 2007/303, art. 2, Sch.
F2: Word in art. 9(1) inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 18(a)
F3: Art. 9(3) substituted (5.5.2007) by Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7)), arts. 1(3), 12, Sch. 4 para. 2; S.R. 2007/284, art. 2, Sch.
F4: Art. 9(3)(aa) inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 18(b)
F5: Art. 9(5) inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 18(c)