The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007

The SEM Committee N.I.

6.—(1) There shall be a committee of the Authority to be known as the Single Electricity Market Committee (referred to in this Order as “ the SEM Committee”).

(2) Any decision as to the exercise of a relevant function of the Authority in relation to a SEM matter must be taken on behalf of the Authority by the SEM Committee.

(3) For the purposes of this Order a matter is a SEM matter if the SEM Committee determines that the exercise of a relevant function of the Authority in relation to that matter materially affects, or is likely materially to affect, the SEM.

(4) For the purposes of this Order “a relevant function” means—

(a) a function under Part II of the Electricity Order;

(b) a function under the Energy Order which relates to electricity;

(c) a function under Part IV of the Electricity Order 1992 (Amendment) Regulations (Northern Ireland) 2005 (SR 2005/ 335);

(d) a function under Article 3 or Schedule 1,

[F1 (e) the function of giving directions under section 6(3) of the Energy Prices Act 2022;

(f) a function under regulations made under section 11(1) of the Energy Prices Act 2022;]

other than a function which is mentioned in paragraph (5).

(5) The functions of the Authority under any of the following provisions are not relevant functions—

(a) in the Electricity Order—

• Article 8(3) (prosecution of licensing offences);

• Article 23 (approval of interest rate on deposit by way of security);

• Article 26 (determination of disputes);

• Article 31 (power to require information about customer complaints);

• Articles 42 to 45A (standards of performance);

• Article 45B (approval of customer complaints procedures);

• Article 47 (fixing of maximum resale price of electricity);

• Article 47A (billing disputes);

• Article 52 (keeping of register);

• Schedule 3 (consents relating to compulsory acquisition or disposal of land);

• Schedule 6 (public electricity supply code);

• Schedule 7 (electricity meters);

(b) in the Energy Order—

• Article 7 (publication of advice and information on consumer matters);

• Article 18(4) (disclosure of information by Council);

• Article 21(4) (publication of information by Council);

• Article 22(9) (reference of complaints to Council);

• Article 23(6) (publication of information by Council);

• Article 24 (provision of information to Council);

• Article 25(4) (publication of information by Council);

• Article 27 (reference of failure to supply information to Council);

• Part VII (electricity from renewable sources).

(6) The Department may by order remove any provision from the list of provisions in paragraph (5).

(7) An order under paragraph (6)—

(a) shall not be made unless the Department has consulted the Authority; and

(b) is subject to negative resolution.

(8) Schedule 2 has effect (and paragraphs 6 and 9 of Schedule 1 to the Energy Order do not have effect) in relation to the SEM Committee.

Textual Amendments

F1 Art. 6(4)(e)(f) inserted (25.10.2022) by Energy Prices Act 2022 (c. 44), s. 30(6), Sch. 7 para. 14 (with s. 29)

Commencement Information

I1 Art. 6 partly in operation; art. 6 not in operation at date of making see art. 1(3); art. 6 in operation for certain purposes at 1.11.2007 by S.R. 2007/444, art. 2, Sch. 1