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The Electricity (Northern Ireland) Order 1992

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II ELECTRICITY SUPPLY

    1. Introductory

      1. 3.Interpretation of Part II

      2. Arts.4‐7 rep. by 2003 NI 6

    2. Licensing of supply, etc.

      1. 8.Prohibition on unlicensed supply, etc.

      2. 9.Exemptions from Article 8

      3. 10.Licences authorising supply, etc.

      4. 10A.Transmission licences

      5. 10AA.Distribution licences

      6. 10B.Electricity transmission: requirement for participants to be certified as independent

      7. 10C.Application for certification

      8. 10D.Report where applicant connected with a country outside the European Economic Area

      9. 10E.Certification

      10. 10F.Grounds for certification

      11. 10G.The ownership unbundling requirement

      12. 10H.Designation for the purposes of EU electricity legislation

      13. 10I.Monitoring and review of certification

      14. 10J.Report as to any connection of a certified person with a country outside the European Economic Area

      15. 10K.Continuation or withdrawal of certification

      16. 10L.Interpretation

      17. 11.Conditions of licences

      18. 11A.Compliance with Community obligations

      19. 11AA.Standard conditions of licences

      20. 11AB.Conditions on transmission and distribution licences relating to priority dispatch

      21. 11AC.Licensing and Energy Efficiency

      22. 11B.Provision of additional capacity or energy efficiency measures

      23. 12.General duties of electricity distributors and transmission licence holders

      24. 13.Powers, etc., of licence holders

    3. Modification of licences

      1. 14.Modification of conditions of licences

      2. 14A.Modification of conditions under Article 14: supplementary

      3. 15.Modification references to CMA

      4. 15A.References under Article 15: time limits

      5. 15B.References under Article 15: powers of investigation

      6. 16.Reports on modification references

      7. 17.Modification following report

      8. 17A.CMA's power to veto modifications following report

      9. 18.Modification by order under other statutory provisions

      10. Art. 18A rep. by 2003 NI 6

    4. Appeal from decisions of the Authority

      1. 14B.Appeal to the CMA

      2. 14C.Procedure on appeal to CMA

      3. 14D.Determination by CMA of appeal

      4. 14E.CMA's powers on allowing appeal

      5. 14F.Time limits for CMA to determine an appeal

      6. 14G.Determination of appeal by CMA: supplementary

    5. Supply by public electricity suppliers

      1. 19. Duty to connect on request

      2. 20. Procedure for requiring a connection

      3. 21. Exceptions from duty to connect

      4. 22. Power to recover expenditure

      5. 23. Power to require security

      6. 24. Additional terms of connection

      7. 25. Special agreements with respect to connection

      8. 26. Determination of disputes

      9. 27. Electricity Supply Code

    6. Enforcement of preceding provisions

      1. Arts. 28‐30 rep. by 2003 NI 6

      2. 31.Power to require information, etc.

      3. 31A.Dispute resolution

    7. Provisions with respect to supply generally

      1. 32.Regulations relating to supply and safety

      2. 33.Electrical inspectors

      3. 34.Use, etc., of meters

    8. Protection of public interest

      1. 35. Electricity from non-fossil fuel sources

      2. 36. Fossil fuel levy

      3. 37.Fuel stocks, etc., at generating stations

      4. 38.Provisions supplementary to Article 37

      5. 39.Consent required for construction, etc., of generating stations

      6. 40.Consent required for overhead lines

      7. 41.Preservation of amenity and fisheries

    9. Consumer protection: standards of performance

      1. 42. Electricity supply and distribution: performance in individual cases.

      2. 42A.Standards of performance in individual cases: disputes

      3. 43. Overall standards of performance: electricity supply

      4. 43A.Overall standards of performance: electricity distributors

      5. 43B.Procedures for prescribing or determining standards of performance

      6. 44.Promotion of efficient use of electricity

      7. 45.Information with respect to levels of performance

      8. 45A.Information to be given to customers about overall performance

      9. 45B.Procedures for dealing with complaints

    10. Consumer protection: miscellaneous

      1. 46.Functions with respect to competition

      2. 47.Fixing of maximum charges for reselling electricity

      3. 47A.Billing disputes

      4. Arts. 48 and 49 rep. by 2003 NI 6

    11. Other functions of Director

      1. 50.General functions

      2. Art. 51 rep. by 2003 NI 6

      3. 52.Keeping of register

      4. 53.Annual and other reports

      5. Arts. 54‐57 rep. by 2003 NI 6

    12. Miscellaneous

      1. 58.Directions for preserving security of electricity supplies, etc.

      2. 59.Provision of statistical information

      3. 60.Promotion of new techniques in national interest

      4. Art. 61 rep. by 2003 NI 6

      5. 62.Directions restricting the use of certain information

      6. 63.Making of false statements, etc.

    13. Supplemental

      1. 64. Powers to make regulations

      2. 65.Concurrent proceedings

      3. 66.Public inquiries

      4. 67.Application to Crown land

  4. PART III REORGANISATION OF THE INDUSTRY

    1. Introductory

      1. 68.Interpretation of Part III

    2. Transfers to successor companies

      1. 69.Transfer of assets, etc., of Northern Ireland Electricity

      2. 70.Transfer schemes under Article 69

      3. 71.Functions of the Department in relation to transfer schemes

      4. 72.Supplementary provisions as to transfers under Article 69

    3. Ownership of successor companies

      1. 73.Initial Government holding in the companies

      2. 74.Government investment in securities of the companies

      3. 75.Exercise of functions through nominees

      4. 76.Target investment limit for Government shareholding

    4. Finances of successor companies

      1. 77.Statutory reserves

      2. 78.Statutory accounts

      3. 79.Temporary restrictions on borrowings, etc.

      4. 80.Government lending to the companies

      5. 81.Government guarantees for loans made to the companies

      6. 82.Conversion or discharge of certain loans or advances, etc.

      7. 83.Financial limits on borrowings, etc.

    5. Provisions with respect to floatation

      1. 84.Responsibility for composite listing particulars

      2. Art. 85 rep. by 2001 c. 14 (NI)

    6. Provisions with respect to Northern Ireland Electricity

      1. 86.Dissolution, etc., of Northern Ireland Electricity

      2. 87.Compensation to members and employees of Northern Ireland Electricity

      3. 88.Grants towards expenditure during transitional period

      4. 89.Amendment of pension scheme, etc.

    7. Miscellaneous

      1. 90.Northern Ireland Electricity Stock

      2. 91.Assembly disqualification

  5. PART IV SUPPLEMENTAL

    1. 92.Repayment of fees

    2. 93.Regulations and orders

    3. 94.Directions

    4. 95.Amendments, transitional provisions, savings and repeals

  6. SCHEDULES

      1. Schedule 1 rep. by 2003 NI 6

      2. Schedule 2 rep. by 2003 NI 6

    1. SCHEDULE 3

      COMPULSORY ACQUISITION OF LAND

      1. PART I COMPULSORY ACQUISITION OF LAND BY LICENCE HOLDERS

        1. 1.(1) Where a licence holder proposes to acquire, otherwise than...

        2. 2.(1) No application shall be made under paragraph 1 for...

        3. 3.(1) The power to make a vesting order under paragraph...

        4. 4.(1) Nothing in this Schedule shall authorise the acquisition, without...

        5. 5.(1) Where a licence holder has acquired any land under...

        6. 6.Schedule 6 to the Local Government Act (Northern Ireland) 1972...

      2. PART II LICENCE HOLDERS' LAND EXCLUDED FROM COMPULSORY ACQUISITION

        1. 7.Where an application for a vesting order is made by...

    2. SCHEDULE 4

      OTHER POWERS, ETC., OF LICENCE HOLDERS

      1. Interpretation

        1. 1.(1) In this Schedule— “controlled works” means any such works...

      2. Works involving breaking up roads, etc.

        1. 2.(1) Subject to the Street Works (Northern Ireland) Order 1995...

      3. Alteration of apparatus, etc., under roads

        1. 3.(1) Subject to sub-paragraph (2), a licence holder may, subject...

      4. Alteration of electric lines or electrical plant under roads

        1. 4.(1) A government department, electronic communications code operator, or other...

      5. Controlled works in a street near to apparatus

        1. 5.(1) The following provisions of this paragraph apply where a...

      6. Works in a street near to electric lines or electrical plant

        1. 6.(1) The following provisions of this paragraph apply where a...

        2. Para. 7 rep. by 1995 NI 19

      7. Emergency works

        1. 8.(1) Where any person would be required to serve any...

      8. Protection from interference

        1. 9.(1) Subject to sub-paragraph (2), a licence holder who installs...

      9. Acquisition of wayleaves

        1. 10.(1) This paragraph applies where— (a) for any purpose connected...

      10. Assignment of necessary wayleave

        1. 10A.(1) Subject to the following provisions of this paragraph, a...

      11. Provisions supplementary to paragraph 10

        1. 11.(1) Where a wayleave is granted to a licence holder...

      12. Temporary continuation of wayleaves

        1. 12.(1) This paragraph applies where at any time such a...

      13. Substations

        1. 13.(1) This paragraph applies where— (a) under an agreement made...

      14. Felling and lopping of trees, etc.

        1. 14.(1) This paragraph applies where any tree is or will...

      15. Entry on land for purposes of exploration

        1. 15.(1) Subject to the following provisions of this paragraph and...

      16. Provisions supplementary to paragraphs 14 and 15

        1. 16.(1) Any person who intentionally obstructs a person acting in...

      17. Modification of paragraphs 2 to 9

        1. 17.The provisions of paragraphs 2 to 9 may be modified...

    3. SCHEDULE 5

      WATER RIGHTS FOR HYDRO-ELECTRIC GENERATING STATIONS

      1. 1.Without prejudice to Schedule 6 to the Drainage (Northern Ireland)...

      2. 2.On the application of such a licence holder the Department...

      3. 3.Where the abstraction, diversion and use will, in the opinion...

      4. 4.In this Schedule, “compensation water” means a flow of water,...

      5. 5.In deciding whether to give the authorisation or in specifying...

      6. 6.Any question of disputed compensation under paragraph 2 shall be...

      7. 7.An applicant for authorisation under paragraph 2 shall supply to...

      8. 8.Not later than the date on which the said notice...

      9. 9.The applicant shall also publish in the Belfast Gazette a...

      10. 10.If before the expiration of 28 days from the date...

      11. 11.The expenses incurred by the Department of the Environment in...

      12. 12.In paragraphs 1 to 8 “waterway” has the same meaning...

    4. SCHEDULE 5A

      Procedure for appeals under Article 14B

      1. Application for permission to bring appeal

        1. 1.(1) An application for permission to bring an appeal may...

      2. Suspension of decision

        1. 2.(1) The CMA may direct that, pending the determination of...

      3. Time limit for representations and observations by the Authority

        1. 3.(1) Sub-paragraph (2) applies where the Authority wishes to make...

      4. Consideration and determination of appeal by group

        1. 4.(1) A group constituted by the chair of the CMA...

      5. Matters to be considered on appeal

        1. 5.(1) The CMA, if it thinks it necessary to do...

      6. Production of documents etc.

        1. 6.(1) For the purposes of this Schedule, the CMA may,...

      7. Oral hearings

        1. 7.(1) For the purposes of this Schedule an oral hearing...

      8. Written statements

        1. 8.(1) The CMA may, by notice, require a person to...

      9. Expert advice

        1. 9.Where permission to bring an appeal is granted under paragraph 1...

      10. Defaults in relation to evidence

        1. 10.(1) If a person (“ the defaulter ”)—

      11. Appeal rules

        1. 11.(1) The CMA Board may make rules of procedure regulating...

      12. Costs

        1. 12.(1) A group that determines an appeal must make an...

      13. Interpretation of Schedule

        1. 13.(1) In this Schedule— “ appeal ” means an appeal...

    5. SCHEDULE 6

      The Electricity Supply Code

      1. 1.An electricity supplier who, for the purpose of meeting the...

      2. 2.(1) Where a customer has not, within the requisite period,...

      3. Deemed Contracts

        1. 3.(1) Where an electricity supplier supplies electricity to any premises...

      4. Supplies of Electricity Illegally Taken

        1. 4.(1) Where any person takes a supply of electricity which...

      5. Restoration of Connection without Consent

        1. 5.(1) Where, otherwise than in the exercise of a power...

      6. Damage to Electrical Plant, etc.

        1. 6.(1) A person who intentionally or by culpable negligence damages...

      7. Entry During Continuance of Supply

        1. 7.(1) Any person authorised by an electricity distributor may at...

      8. Entry on Discontinuance of Supply

        1. 8.(1) Where an electricity supplier or an electricity distributor is...

      9. Entry For Replacing, Repairing or Altering Lines or Plant

        1. 9.(1) Any person authorised by an electricity distributor may after...

      10. Exercise of Powers of Entry

        1. 10.(1) A power of entry conferred by this Schedule shall...

      11. Warrant to Authorise Entry

        1. 11.(1) Where a justice of the peace is satisfied by...

      12. Premises to be left secure and damage to be made good

        1. 12.(1) Where, under any powers conferred by this Schedule, entry...

      13. Penalty for obstruction

        1. 13.Any person who intentionally obstructs a person authorised by an...

      14. Exemption of electrical plant, etc., for certain processes

        1. 14.Any electrical plant, electric line or electricity meter owned by...

    6. SCHEDULE 7

      USE, ETC., OF ELECTRICITY METERS

      1. Interpretation

        1. 1.In this Schedule— “agreed margins of error” means any margins...

      2. Consumption to be ascertained by appropriate meter

        1. 2.(1) Where a customer of an electricity supplier is to...

      3. Restrictions on use of meters

        1. 3.(1) No meter shall be used for ascertaining the quantity...

        2. 4.(1) If an electricity supplier supplies electricity through a meter...

      4. Meter examiners

        1. 5.(1) The Director shall appoint competent and impartial persons as...

      5. Certification of meters

        1. 6.(1) Subject to sub-paragraph (2), a meter may be certified—...

      6. Apparatus for testing, etc., of meters

        1. 7.(1) It shall be the duty of a person to...

      7. Testing, etc., of meters

        1. 8.(1) It shall be the duty of a meter examiner,...

        2. 9.(1) This paragraph applies where there is a genuine dispute...

      8. Presumptions and evidence

        1. 10.(1) This paragraph applies to meters used for ascertaining the...

      9. Meters to be kept in proper order

        1. 11.(1) A customer of an electricity supplier shall at all...

      10. Interference with meters

        1. 12.(1) If any person intentionally or by culpable negligence—

      11. Special provision for pre-payment meters

        1. 13.(1) A customer of an electricity supplier who takes his...

    7. SCHEDULE 8

      CONSENTS UNDER ARTICLES 39 AND 40

      1. Applications for consent

        1. 1.(1) An application for a consent under Article 39 or...

      2. Objections

        1. 1A.(1) Regulations shall make provision for securing—

      3. Inquiries

        1. 1B.(1) Where in accordance with paragraph 1A(4) an inquiry is...

      4. Additional inspectors

        1. 1C.(1) This paragraph applies in the case where a single...

      5. Special provisions as to consents under Article 40

        1. 2.(1) Where an application for consent under Article 40 states...

      6. Deemed planning permission, etc.

        1. 3.(1) On granting a consent under Article 39 or 40...

    8. SCHEDULE 9

      PRESERVATION OF AMENITY AND FISHERIES

      1. 1.(1) In formulating any relevant proposals, a licence holder or...

      2. 2.(1) A licence holder shall within 12 months from the...

    9. SCHEDULE 10

      TRANSFERS UNDER ARTICLE 69

      1. Interpretation

        1. 1.Any reference in this Schedule to a transfer effected under...

      2. Allocation of assets and liabilities: general

        1. 2.(1) The provisions of this paragraph shall apply where the...

        2. 3.(1) The provisions of this paragraph shall apply where the...

      3. Allocation of assets and liabilities: contracts of employment

        1. 4.(1) The provisions of this paragraph shall apply where—

      4. Variation of transfers by agreement

        1. 5.(1) The provisions of this paragraph shall apply where the...

      5. Right to production of documents of title

        1. 6.Where the transferee under a transfer effected under a transfer...

      6. Proof of title by certificate

        1. 7.(1) Where 2 or more transfers are effected under a...

      7. Restrictions on dealing with certain land

        1. 8.(1) Where 2 or more transfers are effected under a...

      8. Third parties affected by vesting provisions

        1. 9.(1) A transaction of any description which, under paragraph 3(2)...

        2. 10.(1) If in consequence of 2 or more transfers effected...

    10. SCHEDULE 11

      PENSIONS

      1. Interpretation

        1. 1.(1) In this Schedule— “employer”, in relation to a person...

      2. Power to amend scheme

        1. 2.(1) Regulations may make provision amending— (a) the trust deed...

      3. Transfer to successor companies' schemes

        1. 3.(1) Regulations may make provision, in respect of such persons,...

      4. Protection for certain persons

        1. 4.(1) Regulations may make provision for the purpose of securing...

        2. 5.(1) Subject to sub-paragraph (3), this sub-paragraph applies to—

        3. 6.(1) So much of Schedule 1 to the Contracts of...

      5. Other pensions

        1. 7.Regulations may make provision for requiring successor companies—

      6. Supplemental

        1. 8.Regulations under paragraphs 2, 3, 4 and 7 may contain...

    11. SCHEDULE 13

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. PART I PROVISIONS AND SAVINGS FOR PART II OF ORDER

        1. 1.In this Part— “day appointed” means the day appointed under...

        2. 2.In so far as any requisition made under paragraph 8...

        3. 3.Any tariff fixed under Article 26 of the 1972 Order...

        4. 4.Any regulations made under Article 36 of the 1972 Order...

        5. 5.(1) Where any application made under Article 33 of the...

        6. 6.(1) Where any application made under Article 39 of the...

        7. 7.Any maximum charge fixed by Northern Ireland Electricity under paragraph...

        8. 8.Where any representation or reference made under, or in such...

        9. 9.(1) Any land which has been compulsorily acquired under Article...

        10. 10.Any consent given under Article 38(4) and (6) of the...

        11. 11.Any order made under Article 40 of the 1972 Order...

        12. 12.(1) Paragraph 3(1)(a) and (b) of Schedule 7 shall not...

        13. 13.(1) Where— (a) any sum was deposited with Northern Ireland...

        14. 14.(1) Where immediately before the day appointed for the coming...

      2. PART II PROVISIONS AND SAVINGS FOR PART III OF ORDER

        1. 15.In this Part expressions which are used in Part III...

        2. 16.Any licence granted under Article 10 to Northern Ireland Electricity...

        3. 17.Any tariff fixed, or having effect as if fixed, under...

        4. 18.Any consent given under Article 39 to Northern Ireland Electricity...

        5. 19.Any consent given under Article 40 to Northern Ireland Electricity...

        6. 20.Any maximum price fixed, or having effect as if fixed,...

        7. 21.A direction given under Article 58 to Northern Ireland Electricity...

        8. 22.Any land compulsorily acquired by Northern Ireland Electricity before the...

        9. 23.(1) Where immediately before the transfer date there is in...

        10. 24.(1) Any agreement made, transaction effected or other thing done...

        11. 25.It is hereby declared for the avoidance of doubt that—...

        12. 26.Any agreement made under paragraph 12 of Schedule 1 to...

        13. 27.(1) It shall be the duty of Northern Ireland Electricity...

        14. 28.(1) Notwithstanding the repeal of Articles 23 and 24 of...

        15. 29.(1) Where by virtue of anything done before the transfer...

        16. 30.Without prejudice to the powers conferred by Article 95(2), every...

        17. 31.(1) Anything which, immediately before the transfer date, is in...

        18. 32.(1) An application or claim by Northern Ireland Electricity for...

        19. 33.(1) Where a distribution is proposed to be declared during...

      3. PART III OTHER SAVINGS

        1. 34.An order by the Department of Finance and Personnel under...

        2. Para. 35 rep. by 1995 NI 19

        3. 36.The provisions of this Schedule shall have effect without prejudice...

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