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The Electricity (Single Wholesale Market) Order (Amendment) Regulations (Northern Ireland) 2016

S.R. 2016/129 · Made 8 March 2016

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 8th March 2016

Coming into operation 31st March 2016

The Department of Enterprise, Trade and Investment (“the Department”) makes the following Regulations in exercise of the powers conferred upon it by section 2(2) of the European Communities Act 1972f1 (“the 1972 Act”) as read with paragraph 1A of Schedule 2 to the 1972 Act.

The Department is designated for the purposes of section 2(2) of the 1972 Act in relation to energy and energy sourcesf2.

These Regulations amend the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007f3 to make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department that it is expedient for references to EU instruments in that Order to be construed as references to those instruments as amended from time to time.

Annotations to the whole text

Footnotes

f1

1972 c.68.

f2

The European Communities (Designation) Order 2010 S.I. 2010/761

f3

2007 No. 913 (N.I. 7)

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007
  4. 4Amendment of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007
  5. 5Amendment of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007
  6. Signature
  7. Explanatory note

1Citation and commencement

These Regulations may be cited as the Electricity (Single Wholesale Market) Order (Amendment) Regulations (Northern Ireland) 2016 and come into operation on 31st March 2016.

2Interpretation

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

3Amendment of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007

The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 is amended in accordance with regulations 4 and 5.

4Amendment of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007

In Article 2(2)—

(a)

after the definition of “the Electricity Order” insert—

  • ““the Electricity Market Regulation” means Regulation (EC) 714/2009 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;”

(b)

For the definition of “the SEM” substitute—

  • ““the SEM” means the Single Electricity Market, that is to say the arrangements in Northern Ireland and Ireland—

    1. (a)

      initially described in the Memorandum of Understanding mentioned in paragraph (3);

    2. (b)

      designed to promote the establishment and operation of a single competitive wholesale electricity market in Northern Ireland and Ireland; and

    3. (c)

      which allow for the efficient application of the EU rules for cross border trade in electricity contained within or adopted pursuant to the Electricity Market Regulation as supplemented by—

      1. (i)

        network codes established under Article 6 of that Regulation, and

      2. (ii)

        guidelines adopted under Article 18 of that Regulation;”

5Amendment of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007

After Article 2(6) insert—

“(7)

In this Order, any reference to the Electricity Market Regulation, to network codes established under Article 6 of that Regulation or to guidelines adopted under Article 18 of that Regulation shall be construed as references to those instruments as amended from time to time.”

Signature

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 8th March 2016.

L.S.

J Mills

A senior officer of the

Department of Enterprise, Trade and Investment

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 to clarify the functioning of the Single Electricity Market (SEM) within the EU legal framework, specifically the Electricity Market Regulation and the network codes and guidelines developed under that Regulation. The first of these is Regulation (EU) 2015/1222 of 24 July 2015 establishing a Guideline on Capacity Allocation and Congestion Management. Article 83 of that Regulation requires Northern Ireland to implement preparatory transitional measures to facilitate full implementation of and full compliance with that Regulation by 31 December 2017.