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).