The Electricity (Northern Ireland) Order 1992

Introductory N.I.

Interpretation of Part II N.I.

3.  In this Part—

• “the 1973 Act” means the Fair Trading Act 1973F1 ;

• “the 1980 Act” means the Competition Act 1980F2 ;

• [F3 “the 2011 Regulations” means the Gas and Electricity (Internal Markets)Regulations (Northern Ireland) 2011;]

• [F4 “the Authority” means the Northern Ireland Authority for Utility Regulation;]

• [F5 “customer” has the meaning given by Article 2(1) of the Directive;]

• F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F7 “the 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;]

• [F8 “distribute” in relation to electricity, means distribute by means of a distribution system, that is to say, a system which consists (wholly or mainly) of low voltage lines and electrical plant and is used for conveying electricity to any premises or to any other distribution system;]

• [F9 “distribution licence” means a licence under Article 10(1)(bb);]

• “electrical plant” means any plant, equipment, apparatus or appliance used for, or for purposes connected with, the generation, transmission [F10 , distribution] or supply of electricity, other than—

  (a)

  an electric line;

  (b)

  a meter used for ascertaining the quantity of electricity supplied to any premises; or

  (c)

  an electrical appliance under the control of a consumer;

• “electric line” means any line which is used for carrying electricity for any purpose and includes—

  (a)

  any support for any such line, that is to say, any structure, pole or other thing in, on, by or from which any such line is or may be supported, carried or suspended;

  (b)

  any apparatus connected to any such line for the purpose of carrying electricity; and

  (c)

  any wire, cable, tube, pipe or other similar thing (including its casing or coating) which surrounds or supports, or is surrounded or supported by, or is installed in close proximity to, or is supported, carried or suspended in association with, any such line;

• [F11 “electricity distributor” means any person who is authorised by a licence under Article [F12 10(1)(bb)]except where he is acting otherwise than for purposes connected with the distribution by him of electricity;

• [F13 “the 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);]

• “electricity supplier” means any person who is authorised by a licence under Article 10(1)(c) to supply electricity except where he is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence;]

• “exemption” means an exemption under Article 9;

• “extension” in relation to a generating station, includes the use by the person operating the station of any land (wherever situated) for a purpose directly related to the generation of electricity by that station;

• [F14 “final customer” has the meaning given by Article 2(3) of the Directive;]

• Definition rep. by 2003 NI 6

• “generating station”, in relation to a generating station wholly or mainly driven by water, includes all structures and works for holding or channelling water for a purpose directly related to the generation of electricity by that station;

• “high voltage line” means an electric line of a nominal voltage [F15 of or] exceeding 110 kilovolts; and “low voltage line” shall be construed accordingly;

• [F16 “household customer” has the meaning given by Article 2(4) of the Directive;]

• “information” includes accounts, estimates and returns;

• [F17 “the SEM”, “the SEM Committee”, “the Irish Minister” and “CER” have the same meanings as in the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007;]

• “licence” means a licence granted under Article 10;

• “licence holder” means the holder of a licence granted under Article 10;

• “line” means any wire, cable, tube, pipe or other similar thing (including its casing or coating) which is designed or adapted for use in carrying electricity;

• [F18 “non-frequency ancillary services” has the meaning given by Article 2(49) of the Directive;]

• Definition rep. by SI 1999/506

• “notice” means notice in writing;

• “premises” includes any land, building or structure;

• [F19 “regional coordination centre” has the meaning given by Article 2(50) of the Directive;]

• [F19 “supplier” means any person who supplies electricity within the meaning of Article 2(12) of the Directive;]

• F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• Definition rep. by 2003 NI 6

• F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• Definitions rep. by 2003 NI 6

• “supply”, in relation to electricity, means supply through electric lines otherwise than to premises occupied by a licence holder for the purpose of carrying on the activities which he is authorised by his licence to carry on;

• F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “transferred provision” has the meaning assigned to it by section 1(g) of the Interpretation Act (Northern Ireland) 1954F21 ;

• [F22 “transmission”, in relation to electricity, means transmission by means of a transmission system;

• “transmission licence” means a licence under Article 10(1)(b);

• “transmission system” means a system which—

  (a)

  consists (wholly or mainly) of high voltage lines and electrical plant; and

  (b)

  is used for conveying electricity—

  (i)

  from a generating station to a substation;

  (ii)

  from one generating station to another;

  (iii)

  from one substation to another;

  (iv)

  to a substation in Northern Ireland from a place outside Northern Ireland; or

  (v)

  from a substation in Northern Ireland to a place outside Northern Ireland]

• [F23 “vertically integrated undertaking” has the meaning given in [F24 Article 2(53)] of the Directive;]

• “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971F25 .

F1 1973 c. 41

F2 1980 c. 2

F3 Art. 3: definition of "the 2011 Regulations" inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 80(b)

F4 Words in art. 3 inserted (25.2.2020) by The Electricity and Gas (Internal Markets) Regulations 2020 (S.I. 2020/96), regs. 1, 6(2)

F5 Words in art. 3 inserted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 4(a)

F6 Art. 3: definition of "authorised area" repealed (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 4(a)

F7 Words in art. 3 substituted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 4(b)

F8 Art. 3: definition of "distribute" inserted (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 4(b)

F9 Art. 3: definition of "distribution licence" inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 16(a)

F10 Words in art. 3 in definition of "electrical plant" inserted (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 4(d)

F11 Art. 3: definitions of "electricity distributor" "electricity supplier" inserted (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 4(c)

F12 Words in art. 3 in definition of "electricity distributor" substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 16(b)

F13 Words in art. 3 inserted (31.12.2020) by The Electricity (Priority Dispatch) Regulations (Northern Ireland) 2020 (S.R. 2020/306), regs. 1(2), 4(1)

F14 Words in art. 3 inserted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 4(c)

F15 Words in art. 3 in definition of "high voltage line" inserted (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 11(1), Sch. 2 para. 1

F16 Words in art. 3 inserted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 4(d)

F17 Art. 3: definition of "the SEM" "the SEM Committee" "the Irish Minister" and "CER" inserted (1.11.2007) by Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7)), arts. 1(3), 12, Sch. 4 para. 1; S.R. 2007/444, art. 2, Sch. 1

F18 Words in art. 3 inserted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 4(e)

F19 Words in art. 3 inserted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 4(f)

F20 Art. 3: definitions of "private electricity supplier" "public electricity supplier" "tariff customer" repealed (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 4(e)

F21 1954 c. 33 (NI)

F22 Art. 3: definitions of "transmission" "transmission licence" "transmission system" substituted (3.7.2007) for definition of "transmit" by Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)), arts. 1(2), 65, Sch. 3 para. 1(1) (subject to Sch. 4); S.R. 2007/320, art. 2, Sch. 1

F23 Art. 3: definition of "vertically integrated undertaking" inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 80(b)

F24 Words in art. 3 substituted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 4(g)

F25 1971 c. 80

Arts.4‐7 rep. by 2003 NI 6