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Electricity Order 1992 (Amendment) Regulations (Northern Ireland) 2005

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Compliance with Community legislation

13.—(1) In Article 38(1), for the words from “European” to the end there shall be substituted the words “European Parliament and Council Directive 2003/54/EC concerning common rules for the internal market in electricity and repealing Directive 96/92.”.

(2) In Article 45—

(a)in paragraph (1) after “condition or requirement” there shall be inserted “or any provision of the Community Regulation”;

(b)in paragraphs (4)(b) and (6)(a) for “the relevant condition or requirement” there shall be substituted in each case “the condition, requirement or prohibition”; and

(c)after paragraph (10) there shall be inserted the following paragraph—

(11) In this Article “the Community Regulation” means Regulation 1228/2003 of the European Parliament and Council on conditions for access to the network for cross-border exchanges of electricity..

(3) At the end of Article 47 there shall be inserted—

(3) This Article shall not apply in relation to a penalty imposed for a contravention of any provision of the Community Regulation within the meaning of Article 45(11)..

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