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The Energy (Northern Ireland) Order 2003

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Commencement Orders yet to be applied to the The Energy (Northern Ireland) Order 2003

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

IntroductoryN.I.

IntroductoryN.I.

41.  (1)  This Part has effect in relation to the enforcement of—

(a)relevant conditions of gas and electricity licences [F1and exemptions];[F2 and]

(b)relevant requirements [F3.]

(c)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this Part—

[F5regulated person” means any person who is—

(a)

a licence holder; or

(b)

an exemption holder;]

[F6relevant conditions” means—

(a)

in relation to any licence holder, any condition of his licence;

(b)

in relation to any exemption holder, any condition of his exemption.]

[F7relevant requirement” has the meaning given to it in Articles 41A and 41B.]

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F3Words in art. 41(1)(b) substituted (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 61, Sch. 3 para. 3(a) (with transitional provisions in Pt. IV)

Modifications etc. (not altering text)

C1Art. 41 modified (3.7.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(1), 13(2) (with transitional provisions in Pt. IV)

[F8Meaning of relevant requirement in relation to electricityN.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

41A.  (1)  In the case of electricity, “relevant requirement” in respect of any regulated person means any duty or other requirement imposed on that person by or under a provision—

(a)specified in this Article; or

(b)in the Electricity Regulation and designated under this Article, in respect of that person.

(2) In respect of any licence holders, Article 27(4)(b) is specified for the purposes of paragraph (1).

(3) In respect of holders of an electricity generation licence—

(a)Part VII (Electricity from renewable sources);

(b)designated provisions of the Electricity Regulation;

(c)Articles 10C(8) and (9) of the Electricity Order (Certification procedure);

(d)Articles 10I(11) and (12) of the Electricity Order (Monitoring and review of certification);

(e)Articles 8C(4) and (5) of the Gas Order (Certification procedure); and

(f)Articles 8I(11) and (12) of the Gas Order (Monitoring and review of certification),

are specified for the purposes of paragraph (1).

(4) In respect of holders of an electricity supply licence—

(a)Article 43(3) of the Electricity Order (Overall standards of performance: electricity supply);

(b)Article 44(3) of the Electricity Order (Promotion of efficient use of electricity);

(c)Article 45A of the Electricity Order (Information to be given to customers about overall performance);

(d)Article 45B of the Electricity Order (Procedures for dealing with complaints);

(e)those in Part VII (Electricity from renewable sources);

(f)the Electricity and Gas (Billing) (No. 2) Regulations (Northern Ireland) 2010;

(g)Articles 10C(8) and (9) of the Electricity Order (Certification procedure);

(h)Articles 10I(10), (11) and (12) of the Electricity Order (Monitoring and review of certification) insofar as they apply to that person;

(i)Articles 8C(4) and (5) of the Gas Order (Certification procedure); and

(j)Articles 8I(11) and (12) of the Gas Order (Monitoring and review of certification),

are specified for the purposes of paragraph (1).

(5) In respect of holders of an electricity distribution licence—

(a)Article 12(1) of the Electricity Order (General duties of electricity distributors and transmission licence holders);

(b)Articles 19 to 26 of the Electricity Order (Duty to connect on request);

(c)Article 43A of the Electricity Order (Overall standards of performance: electricity distributors); and

(d)Article 45A of the Electricity Order (Information to be given to customers about overall performance),

are specified for the purposes of paragraph (1).

(6) In respect of holders of an electricity transmission licence—

(a)Article 12(2) of the Electricity Order (General duties of electricity distributors and transmission licence holders);

(b)Article 10B(1) or (2) and Article 10C(3) of the Electricity Order insofar as they apply to that person; and

(c)Articles 10C(7) or (8) and (9) and 10I(10), (11) and (12) of the Electricity Order insofar as they apply to that person,

are specified for the purposes of paragraph (1).

(7) The Department shall for the purposes of paragraph (1) designate those provisions of the Electricity Regulation which impose a duty or requirement on any or on any particular regulated person in respect of such persons and shall publish any such designation in the Belfast Gazette

Meaning of relevant requirement in relation to gasN.I.

41B.  (1)  In the case of gas, “relevant requirement” in respect of any regulated person means any duty or other requirement imposed on that person by or under a provision

(a)specified in this Article; or

(b)in the Gas Regulation and designated under this Article,

in respect of that person.

(2) In respect of any licence holders, Article 27(4)(b) is specified for the purposes of paragraph (1).

(3) In respect of holders of a gas supply licence—

(a)Section 3(4) of the Energy Act (Northern Ireland) 2011 (Overall standards of performance);

(b)Section 5(3) of the Energy Act (Northern Ireland) 2011 (Standards for promoting efficient use of gas);

(c)Section 7 of the Energy Act (Northern Ireland) 2011 (Information to be given to customers about overall performance);

(d)Section 8 of the Energy Act (Northern Ireland) 2011 (Procedures for dealing with complaints);

(e)the Electricity and Gas (Billing) (No. 2) Regulations (Northern Ireland) 2010;

(f)Articles 10C(8) and (9) of the Electricity Order (Certification procedure);

(g)Articles 10I(11) and (12) of the Electricity Order (Monitoring and review of certification);

(h)articles 8C(4) and (5) of the Gas Order (Certification procedure); and

(i)Articles 8I(11) and (12) of the Gas Order (Monitoring and review of certification).

are specified for the purposes of paragraph (1).

(4) In respect of holders of a gas conveyance licence —

(a)Section 3(4) of the Energy Act (Northern Ireland) 2011 (Overall standards of performance);

(b)Section 7 of the Energy Act (Northern Ireland) 2011 (Information to be given to customers about overall performance),

are specified for the purposes of paragraph (1).

(5) In respect of holders of a gas conveyance licence involved in gas transmission—

(a)Article 8B(1) or (2) of the Gas Order and Article 8B(1) or (2) of the Electricity Order insofar as they apply to that person; and

(b)Article 8C(3), (4) and (5) and 8I(10), (11) and (12) of the Gas Order insofar as they apply to that person,

are specified for the purposes of paragraph (1).

(6) The Department shall for the purposes of paragraph (1) designate those provisions of the Gas Regulation which impose a duty or requirement, on any or on any particular, regulated person in respect of such persons and shall publish any such designation in the Belfast Gazette.]

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