The Energy (Northern Ireland) Order 2003 No. 419 (NI. 6)

SCHEDULES

Article 3

SCHEDULE 1 N.I. THE NORTHERN IRELAND AUTHORITY FOR ENERGY REGULATION

Membership N.I.

[F1 1.— (1) The Authority shall consist of— N.I.

(a) a chairman; and

(b) not fewer than three other members,

appointed by the Department of Finance and Personnel.

(2) The Department of Finance and Personnel shall consult the chairman before appointing any other member.]

F1 Sch. 1 para. 1 substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 3(3) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

Terms of appointment, remuneration, pensions, etc. N.I.

2.—(1) Subject to this Schedule, the chairman and other members shall hold and vacate office as such in accordance with the terms of their respective appointments. N.I.

(2) The terms of appointment of the chairman and other members shall be determined by [F2 the Department of Finance and Personnel] .

F2 Words in Sch. 1 substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 3(4) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

Valid from 15/04/2011

[F3 2A.   A person holding office as chairman or other member shall not— N.I.

(a) carry out any activity or have any financial or other interest that might compromise or might reasonably be seen to compromise that person's impartiality; or

(b) seek or take any instructions from any person or body that might compromise or might reasonably be seen to compromise the independence of the Authority when the Authority is carrying out functions in its capacity as national regulatory authority for Northern Ireland.]

F3 Sch. 1 para. 2A inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 45(a)

3.—(1) An appointment of a person to hold office as chairman or other member shall be for a term not exceeding five years.

(2) A person holding office as chairman or other member—

(a) may resign that office by giving notice in writing to [F4 the Department of Finance and Personnel] ; and

(b) may be removed from office by [F4 the Department of Finance and Personnel] on the ground of incapacity or misbehaviour.

(3) A previous appointment as chairman or other member does not affect a person's eligibility for appointment to either office.

F4 Words in Sch. 1 substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 3(4) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

4.—(1) The Authority shall pay to the chairman and other members such remuneration, and such travelling and other allowances, as may be determined by [F5 the Department of Finance and Personnel] . N.I.

(2) The Authority shall, if required to do so by [F5 the Department of Finance and Personnel]—

(a) pay such pension, allowances or gratuities as may be determined by [F5 the Department of Finance and Personnel] to or in respect of a person who is or has been the chairman or a member of the Authority; or

(b) make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3) If, where any person ceases to hold office as chairman or other member, [F5 the Department of Finance and Personnel] determines that there are special circumstances which make it right that he should receive compensation, the Authority shall pay to him a sum by way of compensation of such amount as may be determined by [F5 the Department of Finance and Personnel] .

F5 Words in Sch. 1 substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 3(4) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

Staff N.I.

5.  The Authority may, with the approval of [F6 the Department of Finance and Personnel] of Finance and Personnel as to numbers and terms and conditions of service, appoint such staff as it may determine. N.I.

F6 Words in Sch. 1 substituted (1.4.2007) by virtue of Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 3(4) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

Committees N.I.

6.—(1) The Authority may establish committees and any committee of the Authority may establish sub-committees. N.I.

(2) The members of a committee of the Authority may include persons who are not members of the Authority (and the members of a sub-committee may include persons who are not members of the committee).

Modifications etc. (not altering text)

C1 Sch. 1 para. 6 excluded (1.11.2007 for certain purposes, otherwise prosp.) by Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7)), arts. 1(3), 6(8); S.R. 2007/444, art. 2, Sch. 1

Proceedings, etc. N.I.

7.—(1) The Authority may regulate its own procedure (including quorum). N.I.

(2) The Authority shall consult [F7 the Department of Finance and Personnel] before making or revising its procedures for dealing with conflicts of interest.

(3) The validity of anything done by the Authority is not affected by a vacancy among its members or by a defect in the appointment of a member.

F7 Words in Sch. 1 substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 3(4) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

8.—(1) The application of the seal of the Authority shall be authenticated by the signature of the chairman or by some other person who has been authorised by the Authority to act for that purpose. N.I.

(2) A document purporting to be duly executed under the seal of the Authority, or signed on its behalf, shall be received in evidence and, unless the contrary is proved, be taken to be so executed or signed.

Performance of functions N.I.

9.—(1) Anything authorised or required to be done by the Authority may be done by—

(a) any member or employee of the Authority who is authorised for that purpose by the Authority, whether generally or specially;

(b) any committee of the Authority which has been so authorised.

(2) Sub-paragraph (1) does not apply to any power to make a statutory instrument (within the meaning of section 1(e) of the Interpretation Act (Northern Ireland) 1954 (c.33)).

(3) In sub-paragraph (1)(b) “committee of the Authority” does not include a committee whose members include any person who is not a member or employee of the Authority.

Modifications etc. (not altering text)

C2 Sch. 1 para. 9 excluded (1.11.2007 for certain purposes, otherwise prosp.) by Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7)), arts. 1(3), 6(8); S.R. 2007/444, art. 2, Sch. 1

Rule-making authority N.I.

10.  F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

F8 Sch. 1 para. 10 repealed (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(2), Sch. 13 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

Supplementary powers N.I.

11.—(1) The Authority has power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions. N.I.

(2) That power includes the formation of advisory bodies.

Assembly disqualification N.I.

12.  F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

F9 Sch. 1 para. 12 repealed (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(2), Sch. 13 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

Assembly Ombudsman N.I.

13.  F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

F10 Sch. 1 para. 13 repealed (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(2), Sch. 13 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)