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The Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1992

S.I. 1992/1024 · Made 2 April 1992

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.

ELECTRICITY

Made 2nd April 1992

Laid before Parliament 27th April 1992

Coming into force 18th May 1992

The Secretary of State, in exercise of the powers conferred upon him by section 100(2)(b) of the Electricity Act 1989f1 and after consultation with the Director General of Electricity Supply for Northern Ireland and the Director General of Fair Tradingf2, hereby makes the following Order:—

Annotations to the whole text

Footnotes

f1

1989 c. 29.

f2

See section 100(3) and (6) of the Electricity Act 1989. Subsection (6) of that section was inserted by article 5 of the Electricity (Northern Ireland Consequential Amendments) Order 1992 (S.I. 1992/232).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Exemptions from the 1976 Act
  3. 3Amendment of the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1990
  4. Signature
  5. Schedule
  6. Part I: SPECIFIED AGREEMENTS
  7. 1Paragraph 1
  8. 2Paragraph 2
  9. 3Paragraph 3
  10. 4Paragraph 4
  11. 5Paragraph 5
  12. 6Paragraph 6
  13. 7Paragraph 7
  14. 8Paragraph 8
  15. 9Paragraph 9
  16. 10Paragraph 10
  17. 11Paragraph 11
  18. 12Paragraph 12
  19. 13Paragraph 13
  20. 14Paragraph 14
  21. 15Paragraph 15
  22. 16Paragraph 16
  23. 17Paragraph 17
  24. 18Paragraph 18
  25. 19Paragraph 19
  26. 20Paragraph 20
  27. 21Paragraph 21
  28. 22Paragraph 22
  29. 23Paragraph 23
  30. 24Paragraph 24
  31. 25Paragraph 25
  32. 26Paragraph 26
  33. 27Paragraph 27
  34. 28Paragraph 28
  35. 29Paragraph 29
  36. 30Paragraph 30
  37. 31Paragraph 31
  38. 32Paragraph 32
  39. 33Paragraph 33
  40. 34Paragraph 34
  41. 35Paragraph 35
  42. 36Paragraph 36
  43. 37Paragraph 37
  44. 38Paragraph 38
  45. 39Paragraph 39
  46. 40Paragraph 40
  47. Part II: DESCRIPTIONS OF AGREEMENTS
  48. 41Paragraph 41
  49. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1992 and shall come into force on 18th May 1992.

(2)

In this Order—

  • “the 1976 Act” means the Restrictive Trade Practices Act 1976f1 and “agreement”,

  • “information provision” and “restriction” have the same meanings as in that Act;

  • “the 1989 Act” means the Electricity Act 1989; and

  • “the Department” means the Department of Trade and Industry.

(3)

Any reference in the Schedule to this Order to an agreement includes a reference to that agreement as subsequently varied or amended by an agreement to which paragraph 41 in Part II of that Schedule applies.

2Exemptions from the 1976 Act

Agreements relating to the generation, transmission or supply of electricity which are specified in Part I of the Schedule to this Order and such agreements which meet the description of agreements specified in Part II of that Schedule and satisfy the condition specified therein in connection with that description are specified as agreements to which, by virtue of section 100(2) of the 1989 Act, the 1976 Act does not apply and is deemed never to have applied.

3Amendment of the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1990

The following amendments shall be made to article 1(2) of the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1990f1 (interpretation)—

(a)

after the definition of “the 1989 Act” there shall be inserted the following definition—

  • ““the 1992 Order” means the Electricity (Northern Ireland) Order 1992f2;”;

(b)

in the definition of “exempted person”, after the words “the 1989 Act” there shall be inserted the words “or under article 9 of the 1992 Order,” and after the words “that Act” there shall be inserted the words “or, as the case may be, that Order”;

(c)

in the definition of “grid systems code”, after the words “the 1989 Act” there shall be inserted the words “or under article 10(1)(b) of the 1992 Order”;

(d)

in the definition of “licence holder”, after the words “the 1989 Act” there shall be inserted the words “or as in Part II of the 1992 Order”.

Signature

Reay

Parliamentary Under-Secretary of State,

Department of Trade and Industry

2nd April 1992

1

The Power Station Agreement dated 1st April 1992 between Ballylumford Power Limited and Northern Ireland Electricity plc.

2

The Power Station Agreement dated 1st April 1992 between Belfast West Power Limited and Northern Ireland Electricity plc.

3

The Power Station Agreement dated 1st April 1992 between Coolkeeragh Power Limited and Northern Ireland Electricity plc.

4

The Power Station Agreement dated 1st April 1992 between Kilroot Power Limited and Northern Ireland Electricity plc.

5

The Agreement in respect of Ballylumford Power Station Generating Unit No. 1 dated 1st April 1992 between Ballylumford Power Limited and Northern Ireland Electricity plc.

6

The Agreement in respect of Ballylumford Power Station Generating Unit No. 2 dated 1st April 1992 between Ballylumford Power Limited and Northern Ireland Electricity plc.

7

The Agreement in respect of Ballylumford Power Station Generating Unit No. 3 dated 1st April 1992 between Ballylumford Power Limited and Northern Ireland Electricity plc.

8

The Agreement in respect of Ballylumford Power Station Generating Unit No. 4 dated 1st April 1992 between Ballylumford Power Limited and Northern Ireland Electricity plc.

9

The Agreement in respect of Ballylumford Power Station Generating United No. 5 dated 1st April 1992 between Ballylumford Power Limited and Northern Ireland Electricity plc.

10

The Agreement in respect of Ballylumford Power Station Generating Unit No. 6 dated 1st April 1992 between Ballylumford Power Limited and Northern Ireland Electricity plc.

11

The Agreement in respect of Ballylumford Power Station Generating Unit GT1 dated 1st April 1992 between Ballylumford Power Limited and Northern Ireland Electricity plc.

12

The Agreement in respect of Ballylumford Power Station Generating Unit GT2 dated 1st April 1992 between Ballylumford Power Limited and Northern Ireland Electricity plc.

13

The Agreement in respect of Belfast West Power Station Generating Unit No. 1 dated 1st April 1992 between Belfast West Power Limited and Northern Ireland Electricity plc.

14

The Agreement in respect of Belfast West Power Station Generating Unit No. 2 dated 1st April 1992 between Belfast West Power Limited and Northern Ireland Electricity plc.

15

The Agreement in respect of Belfast West Power Station Generating Unit No. 3 dated 1st April 1992 between Balfast West Power Limited and Northern Ireland Electricity plc.

16

The Agreement in respect of Balfast West Power Station Generating Unit No. 4 dated 1st April 1992 between Balfast West Power Limited and Northern Ireland Electricity plc.

17

The Agreement in respect of Belfast West Power Station Generating Unit No. 5 dated 1st April 1992 between Belfast West Power Limited and Northern Ireland Electricity plc.

18

The Agreement in respect of Coolkeeragh Power Station Generating Unit No. 3 dated 1st April 1992 between Coolkeeragh Power Limited and Northern Ireland Electricity plc.

19

The Agreement in respect of Coolkeeragh Power Station Generating Unit No. 4 dated 1st April 1992 between Coolkeeragh Power Limited and Northern Ireland Electricity plc.

20

The Agreement in respect of Coolkeeragh Power Station Generating Unit No. 5 dated 1st April 1992 between Coolkeeragh Power Limited and Northern Ireland Electricity plc.

21

The Agreement in respect of Coolkeeragh Power Station Generating Unit No. 6 dated 1st April 1992 between Coolkeeragh Power Limited and Northern Ireland Electricity plc.

22

The Agreement in respect of Coolkeeragh Power Station Generating Unit No. 7 dated 1st April 1992 between Coolkeeragh Power Limited and Northern Ireland Electricity plc.

23

The Agreement in respect of Coolkeeragh Power Station Generating Unit GT8 dated 1st April 1992 between Coolkeeragh Power Limited and Northern Ireland Electricity plc.

24

The Agreement in respect of Kilroot Power Station Generating Unit No. 1 dated 1st April 1992 between Kilroot Power Limited and Northern Ireland Electricity plc.

25

The Agreement in respect of Kilroot Power Station Generating Unit No. 2 dated 1st April 1992 between Kilroot Power Limited and Northern Ireland Electricity plc.

26

The Agreement in respect of Kilroot Power Station Generating Unit GT1 dated 1st April 1992 between Kilroot Power Limited and Northern Ireland Electricity plc.

27

The Agreement in respect of Kilroot Power Station Generating Unit GT2 dated 1st April 1992 between Kilroot Power Limited and Northern Ireland Electricity plc.

28

The Connection Agreement for Ballylumford Power Station dated 1st April 1992 between Northern Ireland Electricity plc and Ballylumford Power Limited.

29

The Connection Agreement for Belfast West Power Station dated 1st April 1992 between Northern Ireland Electricity plc and Belfast West Power Limited.

30

The Connection Agreement for Coolkeeragh Power Station dated 1st April 1992 between Northern Ireland Electricity plc and Coolkeeragh Power Limited.

31

The Connection Agreement for Kilroot Power Station dated 1st April 1992 between Northern Ireland Electricity plc and Kilroot Power Limited.

32

The Site Services Agreement dated 1st April 1992 between Northern Ireland -Electricity plc and Ballylumford Power Limited.

33

The Site Services Agreement dated 1st April 1992 between Northern Ireland -Electricity plc and Belfast West Power Limited.

34

The Site Services Agreement dated 1st April 1992 between Northern Ireland -Electricity plc and Coolkeeragh Power Limited.

35

The Site Services Agreement dated 1st April 1992 between Northern Ireland -Electricity plc and Kilroot Power Limited.

36

The Agreement in respect of the Conversion to Gas Firing of Ballylumford Power Station dated 1st April 1992 between Ballylumford Power Limited and Northern Ireland Electricity plc.

37

The RTPA Savings Agreement dated 1st April 1992 between Northern Ireland -Electricity plc and Ballylumford Power Limited.

38

The RTPA Savings Agreement dated 1st April 1992 between Northern Ireland -Electricity plc and Belfast West Power Limited.

39

The RTPA Savings Agreement dated 1st April 1992 between Northern Ireland -Electricity plc and Coolkeeragh Power Limited.

40

The RTPA Savings Agreement dated 1st April 1992 between Northern Ireland -Electricity plc and Kilroot Power Limited.

41

(1)

Any agreement which constitutes a variation of or an amendment to any one or more of the agreements specified in Part I of this Schedule or which constitutes a variation of or an amendment to any other agreement to which this paragraph applies.

(2)

The condition which must be satisfied by an agreement of a description specified in sub-paragraph (1) above is that—

(a)

it does not add to or extend any restrictions or information provisions contained in the agreement which it varies or amends; or

(b)

it is in the terms of a draft of which a copy is provided to the Department not less than 21 days before the date on which the agreement is made and in respect of which the Department does not, within 21 days of the provision of the copy, give notice of objection to the party providing it; or

(c)

it contains a provision that any restrictions or information provisions which it contains or any provision adding to or extending any restrictions or information provisions contained in the agreement which it varies or amends shall not take effect or shall cease to have effect—

(i)

if a copy of the agreement is not provided to the Department within 14 days of the date on which the agreement is made, or

(ii)

if, within 28 days of the provision of the copy, the Department gives notice of objection to the party providing it.

Explanatory note

(This note is not part of the Order)

This Order specifies agreements, and a description of agreements, relating to the generation, transmission or supply of electricity in Northern Ireland to which the Restrictive Trade Practices Act 1976 (“the 1976 Act”) is deemed not to apply and never to have applied. By virtue of section 100(1) of the Electricity Act 1989, electricity is treated as goods for the purposes of the 1976 Act and therefore agreements relating to the generation, transmission or supply of electricity may fall within the scope of the 1976 Act. This Order provides that the agreements specified in Part I of the Schedule to the Order, together with agreements meeting the description specified in Part II of the Schedule and satisfying the condition specified therein, will nevertheless fall outside the provisions of the 1976 Act.

The Order also amends the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1990 (S.I. 1990/759) (which exempts from the 1976 Act certain agreements containing restrictions or information provisions relating to compliance with specified codes of practice) so as to extend the effect of that Order to agreements relating to Northern Ireland.