The Electricity (Northern Ireland) Order 1992

  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. 4.General duties of the Department

      3. 5.The Director General of Electricity Supply for Northern Ireland

      4. 6.General duties of the Director

      5. 7.The Consumer Committee for Electricity

    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. 11.Conditions of licences

      5. 12.General duties of licence holders

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

    3. Modification of licences

      1. 14.Modification by agreement

      2. 15.Modification references to Monopolies Commission

      3. 16.Reports on modification references

      4. 17.Modification following report

      5. 18.Modification by order under other statutory provisions

    4. Supply by public electricity suppliers

      1. 19.Duty to supply on request

      2. 20.Exceptions from duty to supply

      3. 21.Power to recover charges

      4. 22.Power to recover expenditure

      5. 23.Power to require security

      6. 24.Additional terms of supply

      7. 25.Special agreements with respect to supply

      8. 26.Determination of disputes

      9. 27.The public electricity supply code

    5. Enforcement of preceding provisions

      1. 28.Orders for securing compliance

      2. 29.Procedural requirements

      3. 30.Validity and effect of orders

      4. 31.Power to require information, etc.

    6. Provisions with respect to supply generally

      1. 32.Regulations relating to supply and safety

      2. 33.Electrical inspectors

      3. 34.Use, etc., of meters

    7. 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

    8. Consumer protection: standards of performance

      1. 42.Electricity supply: performance in individual cases

      2. 43.Electricity supply: overall performance

      3. 44.Promotion of efficient use of electricity

      4. 45.Information with respect to levels of performance

    9. Consumer protection: miscellaneous

      1. 46.Functions with respect to competition

      2. 47.Fixing of maximum charges for reselling electricity

    10. Investigation of complaints

      1. 48.Investigation of enforcement matters

      2. 49.Investigation of certain other matters

    11. Other functions of Director

      1. 50.General functions

      2. 51.Publication of information and advice

      3. 52.Keeping of register

      4. 53.Annual and other reports

    12. Provisions with respect to the consumer committee

      1. 54.General duty of the consumer committee to advise Director, etc.

      2. 55.Periodical and other reports of the consumer committee

    13. Provisions with respect to the General Consumer Council

      1. 56.Abolition of the General Consumer Council’s functions in relation to electricity

      2. 57.Continuity of employment of employees of the General Consumer Council

    14. 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. 61.General restrictions on disclosure of information

      5. 62.Directions restricting the use of certain information

      6. 63.Making of false statements, etc.

    15. 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. 85.Application of Trustee Investments Act 1961 in relation to investment in successor companies

    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. Signature

  7. SCHEDULES

    1. SCHEDULE 1

      THE DIRECTOR GENERAL OF ELECTRICITY SUPPLY FOR NORTHERN IRELAND

      1. Remuneration, pensions, etc.

        1. 1.(1) There shall be paid to the Director such remuneration,...

      2. Staff

        1. 2.The Director may, with the approval of the Department of...

      3. Expenses of the Director and his staff

        1. 3.There shall be paid out of money appropriated by Measure—...

      4. Official seal

        1. 4.The Director shall have an official seal for the authentication...

      5. Performance of functions

        1. 5.Anything authorised or required by or under this Order or...

      6. Rule-making authority

        1. 6.In the Statutory Rules (Northern Ireland) Order 1979, in Schedule...

      7. The Northern Ireland Parliamentary Commissioner

        1. 7.In the Parliamentary Commissioner Act (Northern Ireland) 1969, in Schedule...

      8. Assembly disqualification

        1. 8.In the Northern Ireland Assembly Disqualification Act 1975, in Part...

    2. SCHEDULE 2

      THE CONSUMER COMMITTEE FOR ELECTRICITY

      1. Remuneration, pensions, etc., of chairman

        1. 1.(1) There shall be paid to the chairman of the...

      2. Allowances for other members

        1. 2.There shall be paid to members of the consumer committee...

      3. Administration, etc.

        1. 3.The Director may make arrangements for the consumer committee to...

      4. Proceedings

        1. 4.The validity of any proceedings of the consumer committee shall...

        2. 5.(1) Subject to sub-paragraphs (2) and (3), meetings of the...

      5. Sub-committees

        1. 6.(1) The consumer committee may, with the approval of the...

      6. Financial provisions

        1. 7.(1) There shall be paid by the Director out of...

      7. Assembly disqualification

        1. 8.In the Northern Ireland Assembly Disqualification Act 1975, in Part...

    3. 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...

    4. 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 Article 15 of the Roads (Northern Ireland)...

      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, public telecommunications operator, or other person...

      5. Controlled works in a road near to apparatus

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

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

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

      7. Protection of railway undertaking and canal companies

        1. 7.(1) In the execution of any controlled works, a licence...

      8. Emergency works

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

      9. Protection from interference

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

      10. Acquisition of wayleaves

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

      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...

    5. 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...

    6. SCHEDULE 6

      THE PUBLIC ELECTRICITY SUPPLY CODE

      1. Recovery of electricity charges, etc.

        1. 1.(1) Subject to sub-paragraph (2), a public electricity supplier may...

      2. Restoration of supply by supplier

        1. 2.(1) Where a public electricity supplier has cut off the...

      3. Restoration of supply without consent

        1. 3.(1) Where a supply of electricity to any premises has...

      4. Damage to electrical plant, etc.

        1. 4.(1) If any person intentionally or by culpable negligence damages...

      5. Entry during continuance of supply

        1. 5.(1) Any person authorised by a public electricity supplier may...

      6. Entry on discontinuance of supply

        1. 6.(1) Where a public electricity supplier is authorised by paragraph...

      7. Entry for replacing, repairing or altering lines or plant

        1. 7.(1) Any person authorised by a public electricity supplier, after...

      8. Exercise of powers of entry

        1. 8.(1) A power of entry conferred by this Schedule shall...

      9. Warrant to authorise entry

        1. 9.(1) Where a justice of the peace is satisfied by...

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

        1. 10.(1) Where, under any powers conferred by this Schedule, entry...

      11. Penalty for obstruction

        1. 11.Any person who intentionally obstructs a person authorised by a...

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

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

    7. 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...

    8. 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. Special provisions as to consents under Article 40

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

    9. 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...

    10. 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...

    11. 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...

    12. SCHEDULE 12

      AMENDMENTS

      1. Amendments relating to statutory undertakers, etc.

        1. 1.In the Civil Defence Act (Northern Ireland) 1939 references to...

        2. 2.The holder of a licence under Article 10(1) shall be...

        3. 3.In the Civil Aviation Act 1982— (a) for the purposes...

        4. 4.A licence holder who is entitled to exercise any power...

      2. The Business Tenancies Act (Northern Ireland) 1964 (c. 36)

        1. 5.In section 2— (a) in subsection (1) at the end...

      3. The Nuclear Installations Act 1965 (c. 57)

        1. 6.In section 3(4) (nuclear site licences) for “Article 33 of...

      4. The Post Office Act 1969 (c. 48)

        1. 7.In section 7(1A) of the Post Office Act 1969 (powers...

      5. The Public Utilities (Emergency Powers) Act (Northern Ireland) 1972 (c. 2)

        1. 8.In section 1(2) (authority to gas and electricity undertakers to...

      6. The Fair Trading Act 1973 (c. 41)

        1. 9.In section 16 (restriction on references under section 14 in...

        2. 10.In section 133(2)(a) (exceptions to general restrictions on disclosure of...

        3. 11.In Schedule 5 (goods and services referred to in section...

      7. The Drainage (Northern Ireland) Order 1973 (NI 1)

        1. 12.In Article 33(3) (control of dams and sluices) for “the...

      8. The Water and Sewerage Services (Northern Ireland) Order 1973 (NI2)

        1. 13.In Article 57A(3) (civil liability of Department for escapes of...

      9. The Consumer Credit Act 1974 (c. 39)

        1. 14.In section 174(3)(a) (exceptions to restrictions on disclosure of information)—...

        2. 15.In section 189(1) (definitions), in the definition of “electric line”,...

      10. The Restrictive Trade Practices Act 1976 (c. 34)

        1. 16.In section 41(1)(a) (disclosure of information)— (a) after “the Director...

      11. The Rates (Northern Ireland) Order 1977 (NI 28)

        1. 17.After Article 39B insert— Rating of electricity licence holders (1) For the purposes of any valuation list in force...

      12. The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

        1. 18.In Article 24 (production of heat and electricity from waste)—...

        2. 19.In Article 53 (interpretation of Part III)—

      13. The Estate Agents Act 1979 (c. 38)

        1. 20.In section 10(3)(a) (exceptions to restrictions on disclosure of information)—...

      14. The Competition Act 1980 (c. 21)

        1. 21.In section 19 (exceptions to restrictions on disclosure of information)—...

      15. The Roads (Northern Ireland) Order 1980 (NI 11)

        1. 22.In Article 2(2) (interpretation) in the definition of “statutory undertakers”...

        2. 23.In Article 11(3)(c) (which relates to statutory provisions in relation...

        3. 24.In Article 15(1) (restriction on laying of mains, etc., in...

        4. 25.After Article 42(2)(d) (exceptions from requirement of consent) insert or...

        5. 26.In Article 45(4) (restriction on placing rails, etc., not to...

      16. The Access to the Countryside (Northern Ireland) Order 1983 (NI 18)

        1. 27.In Article 2(2) (interpretation)— (a) insert the following definition— “electricity...

      17. The Telecommunications Act 1984 (c. 12)

        1. 28.In section 98(9) (use of certain conduits for telecommunications purposes)—...

        2. 29.In section 101 (general restrictions on disclosure of information)—

      18. The Airports Act 1986 (c. 31)

        1. 30.In section 74 (restrictions on disclosure of information)—

      19. The Consumer Protection Act 1987 (c. 43)

        1. 31.In section 38 (restrictions on disclosure of information)—

      20. The Consumer Protection (Northern Ireland) Order 1987 (NI 20)

        1. 32.In Article 29 (restrictions on disclosure of information)—

      21. The Insolvency (Northern Ireland) Order 1989 (NI 19)

        1. 33.In Article 197(3)(a) (supplies of water, electricity, etc.) for “Northern...

        2. 34.In Article 343(4)(a) (supplies of water, electricity, etc.) for “Northern...

      22. The Planning (Northern Ireland) Order 1991 (1991 NI 11)

        1. 35.In Article 2(2) (interpretation)— (a) insert the following definition— “electricity...

        2. 36.In Article 22(2)(b) (notification of applications) for “the Northern Ireland...

    13. 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. 35.Notwithstanding the repeal of the Electricity Supply (Northern Ireland) Order...

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

    14. SCHEDULE 14

      REPEALS

  8. Explanatory Note