PART 1GAS

Standards of performance

Amendments to Energy Order relating to standards of performance9

(1)

The Energy (Northern Ireland) Order 2003 (NI 6) is amended as follows.

(2)

In Article 14 (principal objective and general duties in relation to gas) in paragraph (6)(b) after “this Order” insert “ or the Energy Act (Northern Ireland) 2011 ”.

(3)

In Article 41(2) (definitions for purposes of enforcement provisions) in the definition of “relevant requirement” for sub-paragraph (b) substitute—

“(b)

in relation to a gas licence holder, any duty or other requirement imposed on him by or under—

(i)

any of sections 3(4), 5(3), 7 or 8 of the Energy Act (Northern Ireland) 2011; or

(ii)

an order under Article 27(4)(b).”.

(4)

In Article 45(2) (penalty for failure of electricity supplier to achieve standard of performance)—

(a)

after “is satisfied” insert “ (a) ”; and

(b)

after “Electricity Order” insert“or

(b)

that a gas licence holder has failed or is failing to achieve any standard of performance prescribed under section 1 of the Energy Act (Northern Ireland) 2011,”.

(5)

In Article 51(1) (power to require in“or

(c)

(in the case of a gas licence holder) may be failing or may have failed to achieve any standard of performance prescribed under section 1 of the Energy Act (Northern Ireland) 2011,”.