The Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013

PART I AMENDMENT TO ENERGY (NORTHERN IRELAND) ORDER 2003

Amendment

2.  The Energy (Northern Ireland) Order 2003(1) is amended as provided in this Part.

Interpretation

3.  In Article 2(2)

(a) at the end of the definitions of “the Electricity Regulation” and “the Gas Regulation” in each case insert “as amended from time to time”;

(b) in the definition of “exemption holder” omit the “or” at the end of sub-paragraph (e) and at the end of sub-paragraph (f) insert “or” and thereafter add

“(g) an LNG facility exemption holder;”;

(c) after the definition of “licence holder” insert—

“ “LNG facility exemption holder” means the person who carries on an activity referred to in Article 6(1)(d) of the Gas Order under the authority of an exemption granted pursuant to Article 7 of that Order;”;

(d) after the definition of “Northern Ireland” insert—

““the SEM Order” means the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007(2);”.

Duty on the Authority to consult and co-operate with other Authorities

4.  In Article 8A for paragraph (4) substitute—

“(4) Article 9 of the SEM Order does not apply in relation to the exercise of any function of the Authority under this Article but otherwise the provisions of this Article are without prejudice to any provisions of the SEM Order.”.

Exceptions from general duties

5.  In Article 13 for paragraph (1A) substitute—

“(1A) Article 12 does not apply in relation to the carrying out of functions of the Department or the Authority to which Article 9 of the SEM Order applies.

(1B) For the purposes of Article 9 of the SEM Order, the interests of Northern Ireland consumers include their interests in the fulfilment by the Authority when carrying out functions to which that Article applies, of the objectives set out in Article 36(a) to (h) of the Electricity Directive.”.

(1)

S.I. 2003/419 (N.I. 6)

(2)

S.I. 2007/913 (N.I. 7)