3.—(1) Article 31A of the Electricity (Northern Ireland) Order 1992(1) shall be amended as provided in paragraph (2) to (4)—
(2) In paragraph (1)(a)—
(a)at the end of head (ii) omit “or”; and
(b)at the end of head (iii) insert “or” and after that head insert
“(iv)a supply exemption holder;”.
(3) After paragraph (5) there shall be inserted the following paragraphs—
“(5A) Where the Authority makes a determination under this Article, it may include in the determination an order requiring any party to the dispute to pay such sum in respect of the costs or expenses incurred by the Authority in making the determination as the Authority considers appropriate and this order shall be final and shall be enforceable as if it were a judgement of the county court.
(5B) In making an order under paragraph (5A), the Authority shall have regard to the conduct and means of the parties and other relevant circumstances.”.
(4) After paragraph (6) insert—
“(7) In this Article—
(a)“distribution exemption holder” means a person who carries on the activity referred to in Article 8(1)(bb) under the authority of an exemption granted pursuant to Article 9; and
(b)“supply exemption holder” means a person who carries on the activity referred to in Article 8(1)(c) under the authority of an exemption granted pursuant to Article 9.”.