Article 2 Interpretation

F1“2009 Agency Regulation” means Regulation (EC) 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators;

F2“the 2009 Electricity Directive” means Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC;

“2009 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

F3“the Agency” means the Agency for the Cooperation of Energy Regulators, established under the Agency Regulation;

F4“the Agency Regulation” means Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast);

“authorised supplier”

1. (a)

   in relation to electricity, means a person authorised by a licence or exemption to supply electricity;

2. (b)

   in relation to gas, means a person authorised by a licence or exemption to supply gas;

“the Authority” means the Northern Ireland Authority for F5Utility Regulation;

F6“the CMA” means the Competition and Markets Authority;

“consumers” includes both existing consumers and future consumers;

“the Council” means the General Consumer Council for Northern Ireland;

“the Department” means the Department of Enterprise, Trade and Investment;

F7“designated regulatory authority” means an authority designated in accordance with F8Article 57(3) of the Electricity Directive F9...;

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F13“designated regulatory gas functions” means any function of the Authority conferred by—

1. (a)

   a provision of F14assimilated law, or

2. (b)

   a condition in a licence under Article 8 of the Gas Order, as that condition is modified from time to time on or after IP completion day,

where that function was, immediately before IP completion day, one of its functions as a regulatory authority designated in accordance with Article 39 of the Gas Directive;

F15“the designated regulatory gas objectives” means the objectives set out in Article 40(c) to (h) of the Gas Directive but read with the following modifications—

1. (a)

   in Article 40(c), for the words from “between” to the end substitute “ , including enabling the development of appropriate cross-border transmission capacities to meet demand; ”,

2. (b)

   in Article 40(d), omit “, in line with general energy policy objectives,”,

3. (c)

   in Article 40(f), omit “and foster market integration”, and

4. (d)

   in Article 40(g) for “their national market,” substitute “the market for gas in Northern Ireland

F16“the Electricity Directive” means Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU;

F17“electricity distribution exemption holder” means a person who carries on the activity referred to in Article 8(1)(bb) of the Electricity Order under the authority of an exemption granted pursuant to Article 9 of that Order;

F18“electricity generation exemption holder” means a person who carries on the activity referred to in Article 8(1)(a) of the Electricity Order under the authority of an exemption granted pursuant to Article 9 of that Order;

“electricity licence” means a licence under Article 10 of the Electricity Order;

“the Electricity Order” means the Electricity (Northern Ireland) Order 1992 (NI 1);

F19“Electricity Regulation” means Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast);

F20“electricity supply exemption holder” means a person who carries on the activity referred to in Article 8(1)(c) of the Electricity Order under the authority of an exemption granted pursuant to Article 9 of that Order;

F21“the Energy Efficiency Directive” means the European Parliament and Council Directive 2012/27/EU on energy efficiency as amended by European Parliament and Council Directive (EU) 2018/2002 and the Electricity Directive;

F22“exemption holder” means any person who is—

1. (a)

   an electricity generation exemption holder;

2. (b)

   an electricity distribution exemption holder;

3. (c)

   an electricity supply exemption holder;

4. (d)

   a gas conveyance exemption holder;

5. (e)

   a gas storage exemption holder; F23. . .

6. (f)

   a gas supply exemption holder; F24or

7. (g)

   F25an LNG facility exemption holder;

F26“gas conveyance exemption holder” means a person who carries on the activity referred to in Article 6(1)(a) of the Gas Order under the authority of an exemption granted pursuant to Article 7 of that Order;

F27“the Gas Directive” means European Parliament and Council Directive 2009/73/EC concerning common rules for the internal market in natural gas as amended by European Parliament and Council Directive 2019/692;

“gas licence” means a licence under Article 8 of the Gas Order;

“the Gas Order” means the Gas (Northern Ireland) Order 1996 (NI 2);

F28“the Gas Regulation” means Regulation (EC) No. 715/2009 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 (EC) No. 1775/2005F29as amended from time to time;

F30“gas storage exemption holder” means a person who carries on the activity referred to in Article 6(1)(b) of the Gas Order under the authority of an exemption granted pursuant to Article 7 of that Order;

F31“gas supply exemption holder” means a person who carries on the activity referred to in Article 6(1)(c) of the Gas Order under the authority of an exemption granted pursuant to Article 7 of that Order;

“Great Britain authority” means the Gas and Electricity Markets Authority;

“licence holder” means the holder of an electricity licence or a gas licence;

F32“LNG facility exemption holder” means the person who carries on an activity referred to in Article 6(1)(d) of the Gas Order under the authority of an exemption granted pursuant to Article 7 of that Order;

“Northern Ireland” has the same meaning as in the Northern Ireland Act 1998 (c.47);

F33“the SEM Order” means the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

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