The SEM Committee
The SEM CommitteeI16
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,
F1e
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.
Working arrangements for the SEM7
1
The Authority shall publish a statement—
a
setting out the procedures adopted by the Authority under paragraph 7 of Schedule 1 to the Energy Order for ensuring compliance with Article 6(2); and
b
describing how the Authority will work together with CER in the exercise of their respective statutory functions in relation to the SEM.
2
A statement under this Article may be amended from time to time; and the Authority shall as soon as practicable thereafter publish the statement as so amended.
Powers of entry8
1
Schedule 3 (which confers powers of entry) applies if (and only if) the SEM Committee determines—
a
that there are reasonable grounds for suspecting that a licence holder is contravening, or has contravened, any condition of his licence; and
b
that any such contravention would materially affect, or be likely materially to affect, the SEM.
2
Article 9 applies in relation to the functions of the SEM Committee under this Article as it applies to the exercise of the functions of that Committee mentioned in Article 9(1)(c).