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(This note is not part of the Order)
This Order grants exemption from the requirements of Article 8(1)(d) of the Electricity (Northern Ireland) Order 1992 (“the 1992 Order”), which prohibits a person from acting as an SEM operator, to persons of particular classes.
Under Article 8(6) of the 1992 Order, a person acts as an SEM operator if his responsibilities include responsibility pursuant to the trading and settlement code referred to in that paragraph for calculating charges and other payments due under it.
The class of persons who are exempt is set out in Article 4. It consists of any person who
(a)is licensed to act as an SEM operator under the Electricity Regulation Act 1999, being an Act of the Oireachtas,
(b)enters an agreement or arrangement with a person licensed as an SEM operator under Article 10(1)(d) of the 1992 Order.
where that agreement or arrangement relates to the discharge of their responsibilities under the trading and settlement code as referred to above.
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