Search Legislation

The Energy (2011 Act) (Commencement) Order (Northern Ireland) 2011

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Rules of Northern Ireland

2011 No. 95 (C. 5)

Energy

The Energy (2011 Act) (Commencement) Order (Northern Ireland) 2011

Made

11th March 2011

The Department of Enterprise, Trade and Investment, in exercise of the powers conferred by Section 36(1) of the Energy Act (Northern Ireland) 2011(1) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Energy (2011 Act) (Commencement) Order (Northern Ireland) 2011.

(2) In this Order—

“the 2011 Act” means the Energy Act (Northern Ireland) 2011.

Appointed Day

2.—(1) 21st March 2011 is a day appointed for the coming into operation of the provisions of the Energy Act (Northern Ireland) 2011 other than those listed in paragraph (2).

(2) Those provisions are Sections 31 and 32.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 11th March 2011.

Legal seal

A F Hepper

A senior officer of the

Department of Enterprise, Trade and Investment

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the coming into operation on 21st March 2011 of the following provisions of the Energy Act (Northern Ireland) 2011—

(a)Sections 1 to 8 of the Act provide gas customers in Northern Ireland with an enhanced level of consumer protection, primarily by empowering the Utility Regulator and the Department to determine standards of performance in connection with the activities of those companies that convey (transport) gas and those companies that supply it to end-users.

(b)Section 9 of the Act makes certain amendments to the Energy (Northern Ireland) Order 2003. These amendments are consequential to the new provisions on standards of performance.

(c)Section 10 establishes a criminal offence in respect of persons who intentionally or recklessly damage or allow to be damaged gas equipment used for conveying, storing or supplying gas; it also allows gas companies to disconnect premises and/or remove gas meters where the offence is committed.

(d)Section 11 exempts gas plant owned by gas companies from certain legal processes, where a customer in possession of that gas plant is subject to judgement or bankruptcy processes.

(e)Section 12 creates a regime to provide for deemed contracts to arise in situations where customers take a supply of gas without having first agreed a supply contract with a supplier.

(f)Section 13 enables the Utility Regulator to Modify the conditions of supply licences in order to regulate the terms and conditions of deemed contracts.

(g)Section 14 extends gas companies existing powers of entry to customer premises.

(h)Section 15 clarifies the meaning of gas storage for the purposes of the Gas (Northern Ireland) Order 1996 (“the Gas Order”).

(i)Section 16 amends the Gas Order so that the Utility Regulator does not have to appoint meter examiners from members of its staff.

(j)Sections 17 to 31 create a special administration regime for licensed energy network companies. Where a gas conveyance or an electricity transmission or distribution company faces actual or threatened insolvency, the new regime will seek to ensure the continuance of the operation of the relevant network for the benefit of customers.

(k)Section 33 defines the terms used in Part 2, and how certain references are to be interpreted.

(l)Part 3 of the Act contains supplementary provisions.

(m)The Schedule covers the content and effect of transfer schemes which can be made as described in section 18(3) i.e. transfers to another company or companies as a going concern of so much of the protected energy company’s assets as are necessary to ensure that the objective of the energy administration is met.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources