PART IIELECTRICITY SUPPLY
Licensing of supply, etc.
Prohibition on unlicensed supply, etc.8
1
A person who—
F1a
generates electricity for the purpose of giving a supply to any premises or enabling a supply to be so given;
d
acts as SEM operator,
shall be guilty of an offence unless he is authorised to do so by a licence or exemption.
2
A person guilty of an offence under this Article shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
3
No proceedings shall be instituted in respect of an offence under this Article except by or on behalf of the Department or the Director.
F64
For the purposes of this Part, a person participates in the transmission of electricity if—
a
he co-ordinates, and directs, the flow of electricity onto and over a transmission system by means of which the transmission of electricity takes place; or
b
he makes available for use for the purposes of such a transmission system anything which forms part of it.
5
Where different people have different interests in anything which forms part of a transmission system, only the person in actual possession of the thing may be regarded for the purposes of paragraph (4) as making it available for use.
F76
For the purposes of this Part a person acts as SEM operator if his responsibilities include responsibility, pursuant to the trading and settlement code referred to in the SEM Memorandum, for calculating charges and other payments due under that code.
7
In paragraph (6) “the SEM Memorandum” means the Memorandum of Understanding referred to in Article 2(3) of the Electricity (Single Wholesale Market)(Northern Ireland) Order 2007.