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The Electricity (Northern Ireland) Order 1992

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The Electricity (Northern Ireland) Order 1992, Section 50 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Order (including any effects on those provisions):

  • art. 10E(7) inserted by S.I. 2019/530 reg. 89(6) (This amendment not applied to legislation.gov.uk. Regs. 84-103 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(30))
  • art. 10F(9)(10) inserted by S.I. 2019/530 reg. 90(6) (This amendment not applied to legislation.gov.uk. Regs. 84-103 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(30))
  • art. 10K(8A) inserted by S.I. 2019/530 reg. 94(7) (This amendment not applied to legislation.gov.uk. Regs. 84-103 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(30))
  • art. 11B(6)(7) inserted by S.I. 2019/530 reg. 99(4) (This amendment not applied to legislation.gov.uk. Regs. 84-103 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(30))
  • art. 18(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 5(2)(b) (as substituted) by S.I. 2019/1245 reg. 22 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • art. 31A(1A) inserted by S.I. 2019/530 reg. 100(3) (This amendment not applied to legislation.gov.uk. Regs. 84-103 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(30))
  • art. 65(1A) inserted by S.I. 2006/2955 (N.I.) art. 3(2)
  • art. 65(3)-(5) added by S.I. 2006/2955 (N.I.) art. 3(3)

General functionsN.I.

50.—(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[F1 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 or[F5 the CMA] to do so, to give information, advice and assistance to the Department or[F5 the CMA] with respect to any matter in respect of which any[F1 of the electricity functions of the Authority] is exercisable.

[F1(3A) In this Article “electricity functions” means—

(a)functions under this Part; and

(b)functions under the Energy (Northern Ireland) Order 2003 relating to electricity[F6 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

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