Draft Order laid before the Assembly under Article 66(2) of the Energy (Northern Ireland) Order 2003 for approval by resolution of the Assembly
Draft Statutory Rules of Northern Ireland
Electricity
Made
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Coming into operation
1st May 2013
The Department of Enterprise, Trade and Investment (“the Department”) makes the following Order in exercise of the powers conferred upon it by Articles 52 to 55F and 66(3) of the Energy (Northern Ireland) Order 2003(1) and section 2(2) of the European Communities Act 1972(2) (“the 1972 Act”) (as read with paragraph 1A of Schedule 2 to the 1972 Act(3)).
The Department is designated(4) for the purposes of section 2(2) of the 1972 Act in relation to energy and energy sources.
This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department that it is expedient for the references to Annex 5 to Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources(5) inserted by this Order into Article 46A of the Renewables Obligation Order (Northern Ireland) 2009(6) to be construed as references to Annex 5 to the Directive as amended from time to time.
The Department has had regard to those matters stated in Article 54B(4) of the 2009 Order and has held a review by virtue of Article 54B(8) of that Order.
The Department has consulted the Northern Ireland Authority for Utility Regulation, the General Consumer Council for Northern Ireland, electricity suppliers to whom this Order applies, and such generators of electricity from renewable sources in Northern Ireland and other persons as it considered appropriate in accordance with Article 55E of that Order.
In accordance with Article 66(2) of that Order a draft of this instrument was laid before and approved by a resolution of the Assembly.
S.I. 2003/419 (N.I.6) Articles 52 to 55F were substituted by S.R. 2009 No.35
1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Article 3 of S.I. 2007/1388 and Part 1 of the Schedule to the European Union (Amendment) Act 2008.
OJ L 140, 5.6.2009, p.16.
S.R. 2009 No. 154 as amended by S.R. 2011 No. 169