- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this 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.
1.—(1) The SEM Committee shall consist of—N.I.
(a)not more than 3 persons (“Authority members”) appointed by the Department after consultation with the Authority;
(b)not more than 3 persons (“CER members”) appointed by the Department with the approval of the Irish Minister; and
(c)a person (“the independent member”) appointed by the Department with the approval of the Irish Minister and after consultation with the Authority.
(2) An Authority member must be a member of, or a member of the staff of, the Authority.
(3) A CER member must be a member of CER.
(4) The Department may, with the approval of the Irish Minister and after consultation with the Authority, appoint a person (“the deputy independent member”) who—
(a)may attend and take part in meetings of the SEM Committee; but
(b)may not vote on any matter except in the absence of the independent member.
(5) Paragraphs 2, 3 and 4 apply in relation to the deputy independent member as they apply in relation to the independent member.
2.—(1) Subject to this Schedule, the members shall hold and vacate office in accordance with the terms of their appointment.N.I.
(2) Those terms of appointment shall be determined by the Department with the approval of the Irish Minister.
3.—(1) An appointment of a person as a member shall be for a term not exceeding 5 years.N.I.
(2) A person holding office as a member may resign that office by giving notice in writing to the Department and the Irish Minister.
(3) A person holding office as the independent member may on the ground of incapacity or misbehaviour be removed from office by the Department with the approval of the Irish Minister.
(4) An Authority member—
(a)may be removed from office by the Department—
(i)on the ground of incapacity or misbehaviour; or
(ii)at the request of the Authority;
(b)shall cease to hold office if he ceases to be either a member of, or a member of the staff of, the Authority.
(5) A CER member—
(a)may be removed from office by the Department with the approval of the Irish Minister—
(i)on the ground of incapacity or misbehaviour; or
(ii)at the request of CER;
(b)shall cease to hold office if he ceases to be a member of CER.
(6) A previous appointment as a member does not affect a person's eligibility for appointment to that office.
4. The Authority shall pay to the members such remuneration, and such travelling and other allowances, as may be determined by the Department.N.I.
5.—(1) The SEM Committee may establish sub-committees.N.I.
(2) The members of a sub-committee of the SEM Committee may include persons who are not members of the SEM Committee.
6.—(1) Subject to the provisions of this Schedule, the SEM Committee may regulate its own procedures.N.I.
(2) A member shall be treated for the purposes of such procedures as present at a meeting of the SEM Committee if, in accordance with arrangements made under those procedures, he is able to hear, and be heard by, all the persons present at the meeting.
(3) The SEM Committee shall consult the Department before making or revising its procedures for dealing with conflicts of interest.
(4) The validity of anything done by the SEM Committee is not affected by a vacancy among its members or by a defect in the appointment of a member.
7. The quorum for a meeting of the SEM Committee is —N.I.
(a)the independent member (or the deputy independent member) and one other member; or
(b)one Authority member and one CER member.
8.—(1) A matter may be decided by agreement—N.I.
(a)of all members of the SEM Committee (whether at a meeting or not); or
(b)of all members of the SEM Committee present at a meeting.
(2) Where at any meeting of the SEM Committee all the members present are not agreed as to any matter falling to be decided at that meeting, the following provisions of this paragraph apply.
(3) The matter shall be put to a vote and may be decided by a majority of the votes cast.
(4) For this purpose there shall be 3 votes of which—
(a)the independent member (or the deputy independent member) if present shall have one;
(b)the Authority members who are present shall have one; and
(c)the CER members who are present shall have one.
(5) There shall be no casting vote; and accordingly where there is an equality of votes cast the matter shall not be decided at the meeting (but may be decided at a later meeting).
(6) In relation to a vote falling to be cast under head (b) or (c) of sub-paragraph (4)—
(a)where all the members mentioned in that head are agreed as to how the vote is to be cast, the vote shall be cast in that manner;
(b)where a majority of those members are agreed as to how the vote is to be cast, the vote shall be cast in that manner;
(c)in any other case, no vote shall be cast.
(7) Nothing in this paragraph affects the application of paragraph 7.
9.—(1) Anything which is authorised or required to be done by the SEM Committee may be done by—N.I.
(a)any member of the SEM Committee who is authorised for that purpose by the Committee, either generally or specifically;
(b)any sub-committee of the SEM Committee which is so authorised; or
(c)any member of the staff of the Authority or CER who is so authorised.
(2) Sub-paragraph (1)(b) does not apply to a sub-committee whose members include any person who is not a member, or member of the staff, of the Authority or CER.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: