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The Electricity (Northern Ireland) Order 1992

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II ELECTRICITY SUPPLY

    1. Introductory

      1. 3.Interpretation of Part II

      2. Arts.4‐7 rep. by 2003 NI 6

    2. Licensing of supply, etc.

      1. 8.Prohibition on unlicensed supply, etc.

      2. 9.Exemptions from Article 8

      3. 10.Licences authorising supply, etc.

      4. 10A.Transmission licences

      5. 10AA.Distribution licences

      6. 10B.Electricity transmission: requirement for participants to be certified as independent

      7. 10C.Application for certification

      8. 10D.Report where applicant connected with a country outside the European Economic Area

      9. 10E.Certification

      10. 10F.Grounds for certification

      11. 10G.The ownership unbundling requirement

      12. 10H.Designation for the purposes of EU electricity legislation

      13. 10I.Monitoring and review of certification

      14. 10J.Report as to any connection of a certified person with a country outside the European Economic Area

      15. 10K.Continuation or withdrawal of certification

      16. 10L.Interpretation

      17. 11.Conditions of licences

      18. 11A.Compliance with EU obligations

      19. 11AA.Standard conditions of licences

      20. 11ABA.Conditions on transmission and distribution licences relating to priority dispatch

      21. 11AC.Licensing and Energy Efficiency

      22. 11B.Provision of additional capacity or energy efficiency measures

      23. 12.General duties of electricity distributors and transmission licence holders

      24. 13.Powers, etc., of licence holders

    3. Modification of licences

      1. 14.Modification of conditions of licences

      2. 14A.Modification of conditions under Article 14: supplementary

      3. 15.Modification references to CMA

      4. 15A.References under Article 15: time limits

      5. 15B.References under Article 15: powers of investigation

      6. 16.Reports on modification references

      7. 17.Modification following report

      8. 17A.CMA's power to veto modifications following report

      9. 18.Modification by order under other statutory provisions

      10. Art. 18A rep. by 2003 NI 6

    4. Appeal from decisions of the Authority

      1. 14B.Appeal to the CMA

      2. 14C.Procedure on appeal to CMA

      3. 14D.Determination by CMA of appeal

      4. 14E.CMA's powers on allowing appeal

      5. 14F.Time limits for CMA to determine an appeal

      6. 14G.Determination of appeal by CMA: supplementary

    5. Supply by public electricity suppliers

      1. 19. Duty to connect on request

      2. 20. Procedure for requiring a connection

      3. 21. Exceptions from duty to connect

      4. 22. Power to recover expenditure

      5. 23. Power to require security

      6. 24. Additional terms of connection

      7. 25. Special agreements with respect to connection

      8. 26. Determination of disputes

      9. 27. Electricity Supply Code

    6. Enforcement of preceding provisions

      1. Arts. 28‐30 rep. by 2003 NI 6

      2. 31.Power to require information, etc.

      3. 31A.Dispute resolution

    7. Provisions with respect to supply generally

      1. 32.Regulations relating to supply and safety

      2. 33.Electrical inspectors

      3. 34.Use, etc., of meters

    8. Protection of public interest

      1. 35. Electricity from non-fossil fuel sources

      2. 36. Fossil fuel levy

      3. 37.Fuel stocks, etc., at generating stations

      4. 38.Provisions supplementary to Article 37

      5. 39.Consent required for construction, etc., of generating stations

      6. 40.Consent required for overhead lines

      7. 41.Preservation of amenity and fisheries

    9. Consumer protection: standards of performance

      1. 42. Electricity supply and distribution: performance in individual cases.

      2. 42A.Standards of performance in individual cases: disputes

      3. 43. Overall standards of performance: electricity supply

      4. 43A.Overall standards of performance: electricity distributors

      5. 43B.Procedures for prescribing or determining standards of performance

      6. 44.Promotion of efficient use of electricity

      7. 45.Information with respect to levels of performance

      8. 45A.Information to be given to customers about overall performance

      9. 45B.Procedures for dealing with complaints

    10. Consumer protection: miscellaneous

      1. 46.Functions with respect to competition

      2. 47.Fixing of maximum charges for reselling electricity

      3. 47A.Billing disputes

      4. Arts. 48 and 49 rep. by 2003 NI 6

    11. Other functions of Director

      1. 50.General functions

      2. Art. 51 rep. by 2003 NI 6

      3. 52.Keeping of register

      4. 53.Annual and other reports

      5. 53A.Regional coordination centres

      6. Arts. 54‐57 rep. by 2003 NI 6

    12. Miscellaneous

      1. 58.Directions for preserving security of electricity supplies, etc.

      2. 59.Provision of statistical information

      3. 60.Promotion of new techniques in national interest

      4. Art. 61 rep. by 2003 NI 6

      5. 62.Directions restricting the use of certain information

      6. 63.Making of false statements, etc.

    13. Supplemental

      1. 64. Powers to make regulations

      2. 65.Concurrent proceedings

      3. 66.Public inquiries

      4. 67.Application to Crown land

  4. PART III REORGANISATION OF THE INDUSTRY

    1. Introductory

      1. 68.Interpretation of Part III

    2. Transfers to successor companies

      1. 69.Transfer of assets, etc., of Northern Ireland Electricity

      2. 70.Transfer schemes under Article 69

      3. 71.Functions of the Department in relation to transfer schemes

      4. 72.Supplementary provisions as to transfers under Article 69

    3. Ownership of successor companies

      1. 73.Initial Government holding in the companies

      2. 74.Government investment in securities of the companies

      3. 75.Exercise of functions through nominees

      4. 76.Target investment limit for Government shareholding

    4. Finances of successor companies

      1. 77.Statutory reserves

      2. 78.Statutory accounts

      3. 79.Temporary restrictions on borrowings, etc.

      4. 80.Government lending to the companies

      5. 81.Government guarantees for loans made to the companies

      6. 82.Conversion or discharge of certain loans or advances, etc.

      7. 83.Financial limits on borrowings, etc.

    5. Provisions with respect to floatation

      1. 84.Responsibility for composite listing particulars

      2. Art. 85 rep. by 2001 c. 14 (NI)

    6. Provisions with respect to Northern Ireland Electricity

      1. 86.Dissolution, etc., of Northern Ireland Electricity

      2. 87.Compensation to members and employees of Northern Ireland Electricity

      3. 88.Grants towards expenditure during transitional period

      4. 89.Amendment of pension scheme, etc.

    7. Miscellaneous

      1. 90.Northern Ireland Electricity Stock

      2. 91.Assembly disqualification

  5. PART IV SUPPLEMENTAL

    1. 92.Repayment of fees

    2. 93.Regulations and orders

    3. 94.Directions

    4. 95.Amendments, transitional provisions, savings and repeals

  6. SCHEDULES

    1. Schedule 1 rep. by 2003 NI 6 Schedule 2 rep. by 2003 NI 6

      1. Schedule 1 rep. by 2003 NI 6

      2. Schedule 2 rep. by 2003 NI 6

    2. SCHEDULE 3

      COMPULSORY ACQUISITION OF LAND

      1. PART I COMPULSORY ACQUISITION OF LAND BY LICENCE HOLDERS

        1. 1.(1) Where a licence holder proposes to acquire, otherwise than by agreement, any land required...

        2. 2.(1) No application shall be made under paragraph 1 for a vesting order in respect...

        3. 3.(1) The power to make a vesting order under paragraph 1 in respect of land—...

        4. 4.(1) Nothing in this Schedule shall authorise the acquisition, without the consent of the Department...

        5. 5.(1) Where a licence holder has acquired any land under paragraph 1, he shall not...

        6. 6.Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall apply for the purposes...

      2. PART II LICENCE HOLDERS' LAND EXCLUDED FROM COMPULSORY ACQUISITION

        1. 7.Where an application for a vesting order is made by a person with power to...

    3. SCHEDULE 4

      OTHER POWERS, ETC., OF LICENCE HOLDERS

      1. Interpretation

        1. 1.(1) In this Schedule— “controlled works” means any such works as are mentioned in paragraph...

      2. Works involving breaking up roads, etc.

        1. 2.(1) Subject to the Street Works (Northern Ireland) Order 1995 and to the following provisions...

      3. Alteration of apparatus, etc., under roads

        1. 3.(1) Subject to sub-paragraph (2), a licence holder may, subject to and in accordance with...

      4. Alteration of electric lines or electrical plant under roads

        1. 4.(1) A government department, electronic communications code operator , or other person (not being another...

      5. Controlled works in a street near to apparatus

        1. 5.(1) The following provisions of this paragraph apply where a licence holder requires to carry...

      6. Works in a street near to electric lines or electrical plant

        1. 6.(1) The following provisions of this paragraph apply where a government department, electronic communications code...

        2. Para. 7 rep. by 1995 NI 19

        3. Para. 7 rep. by 1995 NI 19

      7. Emergency works

        1. 8.(1) Where any person would be required to serve any notice in respect of any...

      8. Protection from interference

        1. 9.(1) Subject to sub-paragraph (2), a licence holder who installs or alters, or changes the...

      9. Acquisition of wayleaves

        1. 10.(1) This paragraph applies where— (a) for any purpose connected with the carrying on of...

      10. Assignment of necessary wayleave

        1. 10A.(1) Subject to the following provisions of this paragraph, a necessary wayleave granted under paragraph...

      11. Provisions supplementary to paragraph 10

        1. 11.(1) Where a wayleave is granted to a licence holder under paragraph 10— (a) the...

      12. Temporary continuation of wayleaves

        1. 12.(1) This paragraph applies where at any time such a wayleave as is mentioned in...

      13. Substations

        1. 13.(1) This paragraph applies where— (a) under an agreement made before 1 April 1982, a...

      14. Felling and lopping of trees, etc.

        1. 14.(1) This paragraph applies where any tree is or will be in such close proximity...

      15. Entry on land for purposes of exploration

        1. 15.(1) Subject to the following provisions of this paragraph and without prejudice to any other...

      16. Provisions supplementary to paragraphs 14 and 15

        1. 16.(1) Any person who intentionally obstructs a person acting in the exercise of any power...

      17. Modification of paragraphs 2 to 9

        1. 17.The provisions of paragraphs 2 to 9 may be modified by regulations.

    4. SCHEDULE 5

      WATER RIGHTS FOR HYDRO-ELECTRIC GENERATING STATIONS

      1. 1.Without prejudice to Schedule 6 to the Drainage (Northern Ireland) Order 1973 , a person...

      2. 2.On the application of such a licence holder the Department of the Environment may authorise...

      3. 3.Where the abstraction, diversion and use will, in the opinion of the Department of the...

      4. 4.In this Schedule, “compensation water” means a flow of water, on such conditions and by...

      5. 5.In deciding whether to give the authorisation or in specifying the quantity of any compensation...

      6. 6.Any question of disputed compensation under paragraph 2 shall be referred to and determined by...

      7. 7.An applicant for authorisation under paragraph 2 shall supply to the Department of the Environment...

      8. 8.Not later than the date on which the said notice is first published, the applicant...

      9. 9.The applicant shall also publish in the Belfast Gazette a notice— (a) stating that he...

      10. 10.If before the expiration of 28 days from the date of the first publication of...

      11. 11.The expenses incurred by the Department of the Environment in connection with an authorisation under...

      12. 12.In paragraphs 1 to 8 “waterway” has the same meaning as in the Water (Northern...

    5. SCHEDULE 5A

      Procedure for appeals under Article 14B

      1. Application for permission to bring appeal

        1. 1.(1) An application for permission to bring an appeal may be made only by sending...

      2. Suspension of decision

        1. 2.(1) The CMA may direct that, pending the determination of an appeal against a decision...

      3. Time limit for representations and observations by the Authority

        1. 3.(1) Sub-paragraph (2) applies where the Authority wishes to make representations or observations to the...

      4. Consideration and determination of appeal by group

        1. 4.(1) A group constituted by the chair of the CMA under Schedule 4 to the...

      5. Matters to be considered on appeal

        1. 5.(1) The CMA, if it thinks it necessary to do so for the purpose of...

      6. Production of documents etc.

        1. 6.(1) For the purposes of this Schedule, the CMA may, by notice, require— (a) a...

      7. Oral hearings

        1. 7.(1) For the purposes of this Schedule an oral hearing may be held, and evidence...

      8. Written statements

        1. 8.(1) The CMA may, by notice, require a person to produce a written statement with...

      9. Expert advice

        1. 9.Where permission to bring an appeal is granted under paragraph 1 the CMA may commission expert...

      10. Defaults in relation to evidence

        1. 10.(1) If a person (“ the defaulter (a) fails to comply with a notice issued...

      11. Appeal rules

        1. 11.(1) The CMA Board may make rules of procedure regulating the conduct and disposal of...

      12. Costs

        1. 12.(1) A group that determines an appeal must make an order requiring the payment to...

      13. Interpretation of Schedule

        1. 13.(1) In this Schedule— appeal ” means an appeal under Article 14B; appeal rules ”...

    6. SCHEDULE 6

      The Electricity Supply Code

      1. 1.An electricity supplier who, for the purpose of meeting the needs of a disabled person—...

      2. 2.(1) Where a customer has not, within the requisite period, paid all charges due from...

      3. Deemed Contracts

        1. 3.(1) Where an electricity supplier supplies electricity to any premises otherwise than in pursuance of...

      4. Supplies of Electricity Illegally Taken

        1. 4.(1) Where any person takes a supply of electricity which is in the course of...

      5. Restoration of Connection without Consent

        1. 5.(1) Where, otherwise than in the exercise of a power conferred by regulations under Article...

      6. Damage to Electrical Plant, etc.

        1. 6.(1) A person who intentionally or by culpable negligence damages or allows to be damaged—...

      7. Entry During Continuance of Supply

        1. 7.(1) Any person authorised by an electricity distributor may at all reasonable times enter any...

      8. Entry on Discontinuance of Supply

        1. 8.(1) Where an electricity supplier or an electricity distributor is authorised by paragraph 6(2) or...

      9. Entry For Replacing, Repairing or Altering Lines or Plant

        1. 9.(1) Any person authorised by an electricity distributor may after five working days' notice to...

      10. Exercise of Powers of Entry

        1. 10.(1) A power of entry conferred by this Schedule shall not be exercisable except— (a)...

      11. Warrant to Authorise Entry

        1. 11.(1) Where a justice of the peace is satisfied by complaint on oath— (a) that...

      12. Premises to be left secure and damage to be made good

        1. 12.(1) Where, under any powers conferred by this Schedule, entry is made on any premises...

      13. Penalty for obstruction

        1. 13.Any person who intentionally obstructs a person authorised by an electricity supplier or electricity distributor...

      14. Exemption of electrical plant, etc., for certain processes

        1. 14.Any electrical plant, electric line or electricity meter owned by or let for hire or...

    7. SCHEDULE 7

      USE, ETC., OF ELECTRICITY METERS

      1. Interpretation

        1. 1.In this Schedule— “agreed margins of error” means any margins of error agreed between the...

      2. Consumption to be ascertained by appropriate meter

        1. 2.(1) Where a customer of an electricity supplier is to be charged for his supply...

      3. Restrictions on use of meters

        1. 3.(1) No meter shall be used for ascertaining the quantity of electricity supplied by an...

        2. 4.(1) If an electricity supplier supplies electricity through a meter which is used for ascertaining...

      4. Meter examiners

        1. 5.(1) The Director shall appoint competent and impartial persons as meter examiners for the purposes...

      5. Certification of meters

        1. 6.(1) Subject to sub-paragraph (2), a meter may be certified— (a) by a meter examiner...

      6. Apparatus for testing, etc., of meters

        1. 7.(1) It shall be the duty of a person to whom this paragraph applies, that...

      7. Testing, etc., of meters

        1. 8.(1) It shall be the duty of a meter examiner, on being required to do...

        2. 9.(1) This paragraph applies where there is a genuine dispute as to the accuracy of...

      8. Presumptions and evidence

        1. 10.(1) This paragraph applies to meters used for ascertaining the quantity of electricity supplied to...

      9. Meters to be kept in proper order

        1. 11.(1) A customer of an electricity supplier shall at all times, at his own expense,...

      10. Interference with meters

        1. 12.(1) If any person intentionally or by culpable negligence— (a) alters the register of any...

      11. Special provision for pre-payment meters

        1. 13.(1) A customer of an electricity supplier who takes his supply through a pre-payment meter...

    8. SCHEDULE 8

      CONSENTS UNDER ARTICLES 39 AND 40

      1. Applications for consent

        1. 1.(1) An application for a consent under Article 39 or 40 shall be in writing...

      2. Objections

        1. 1A.(1) Regulations shall make provision for securing— (a) that notice of any application for consent...

      3. Inquiries

        1. 1B.(1) Where in accordance with paragraph 1A(4) an inquiry is to be held in respect...

      4. Additional inspectors

        1. 1C.(1) This paragraph applies in the case where a single individual (“the lead inspector”) is...

      5. Special provisions as to consents under Article 40

        1. 2.(1) Where an application for consent under Article 40 states that all wayleaves have not...

      6. Deemed planning permission, etc.

        1. 3.(1) On granting a consent under Article 39 or 40 in respect of any operation...

    9. SCHEDULE 9

      PRESERVATION OF AMENITY AND FISHERIES

      1. 1.(1) In formulating any relevant proposals, a licence holder or a person authorised by exemption...

      2. 2.(1) A licence holder shall within 12 months from the grant of his licence prepare,...

    10. SCHEDULE 10

      TRANSFERS UNDER ARTICLE 69

      1. Interpretation

        1. 1.Any reference in this Schedule to a transfer effected under a transfer scheme is a...

      2. Allocation of assets and liabilities: general

        1. 2.(1) The provisions of this paragraph shall apply where the transfers effected under a transfer...

        2. 3.(1) The provisions of this paragraph shall apply where the transfers effected under a transfer...

      3. Allocation of assets and liabilities: contracts of employment

        1. 4.(1) The provisions of this paragraph shall apply where— (a) the transfers effected under a...

      4. Variation of transfers by agreement

        1. 5.(1) The provisions of this paragraph shall apply where the transfers effected under a transfer...

      5. Right to production of documents of title

        1. 6.Where the transferee under a transfer effected under a transfer scheme ( “transferee A”) is...

      6. Proof of title by certificate

        1. 7.(1) Where 2 or more transfers are effected under a transfer scheme, a certificate issued...

      7. Restrictions on dealing with certain land

        1. 8.(1) Where 2 or more transfers are effected under a transfer scheme and the Department...

      8. Third parties affected by vesting provisions

        1. 9.(1) A transaction of any description which, under paragraph 3(2) or a direction under paragraph...

        2. 10.(1) If in consequence of 2 or more transfers effected under a transfer scheme or...

    11. SCHEDULE 11

      PENSIONS

      1. Interpretation

        1. 1.(1) In this Schedule— “employer”, in relation to a person employed by a company which...

      2. Power to amend scheme

        1. 2.(1) Regulations may make provision amending— (a) the trust deed of the scheme for the...

      3. Transfer to successor companies' schemes

        1. 3.(1) Regulations may make provision, in respect of such persons, or class of persons, formerly...

      4. Protection for certain persons

        1. 4.(1) Regulations may make provision for the purpose of securing that— (a) no person to...

        2. 5.(1) Subject to sub-paragraph (3), this sub-paragraph applies to— (a) any existing employee who, immediately...

        3. 6.(1) So much of Schedule 1 to the Contracts of Employment and Redundancy Payments Act...

      5. Other pensions

        1. 7.Regulations may make provision for requiring successor companies— (a) to make payments by way of...

      6. Supplemental

        1. 8.Regulations under paragraphs 2, 3, 4 and 7 may contain such supplemental, consequential and transitional...

    12. Schedule 12‐Amendments

    13. SCHEDULE 13

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. PART I PROVISIONS AND SAVINGS FOR PART II OF ORDER

        1. 1.In this Part— “day appointed” means the day appointed under Article 1(2); “the 1972 Order”...

        2. 2.In so far as any requisition made under paragraph 8 of Schedule 3 to the...

        3. 3.Any tariff fixed under Article 26 of the 1972 Order which is effective on the...

        4. 4.Any regulations made under Article 36 of the 1972 Order which are effective on the...

        5. 5.(1) Where any application made under Article 33 of the 1972 Order is effective on...

        6. 6.(1) Where any application made under Article 39 of the 1972 Order is effective on...

        7. 7.Any maximum charge fixed by Northern Ireland Electricity under paragraph 17 of Schedule 3 to...

        8. 8.Where any representation or reference made under, or in such circumstances as are mentioned in,...

        9. 9.(1) Any land which has been compulsorily acquired under Article 8 of the 1972 Order...

        10. 10.Any consent given under Article 38(4) and (6) of the 1972 Order which is effective...

        11. 11.Any order made under Article 40 of the 1972 Order which is effective on the...

        12. 12.(1) Paragraph 3(1)(a) and (b) of Schedule 7 shall not apply in relation to a...

        13. 13.(1) Where— (a) any sum was deposited with Northern Ireland Electricity by way of security...

        14. 14.(1) Where immediately before the day appointed for the coming into operation of any provision...

      2. PART II PROVISIONS AND SAVINGS FOR PART III OF ORDER

        1. 15.In this Part expressions which are used in Part III of this Order have the...

        2. 16.Any licence granted under Article 10 to Northern Ireland Electricity which is effective on the...

        3. 17.Any tariff fixed, or having effect as if fixed, under Article 21 by Northern Ireland...

        4. 18.Any consent given under Article 39 to Northern Ireland Electricity which is effective on the...

        5. 19.Any consent given under Article 40 to Northern Ireland Electricity which is effective on the...

        6. 20.Any maximum price fixed, or having effect as if fixed, under Article 47 for the...

        7. 21.A direction given under Article 58 to Northern Ireland Electricity which is effective on the...

        8. 22.Any land compulsorily acquired by Northern Ireland Electricity before the transfer date which was so...

        9. 23.(1) Where immediately before the transfer date there is in force an agreement which— (a)...

        10. 24.(1) Any agreement made, transaction effected or other thing done by, to or in relation...

        11. 25.It is hereby declared for the avoidance of doubt that— (a) the effect of Part...

        12. 26.Any agreement made under paragraph 12 of Schedule 1 to the Electricity Supply (Northern Ireland)...

        13. 27.(1) It shall be the duty of Northern Ireland Electricity and the appropriate successor company...

        14. 28.(1) Notwithstanding the repeal of Articles 23 and 24 of the Electricity Supply (Northern Ireland)...

        15. 29.(1) Where by virtue of anything done before the transfer date, any statutory provision amended...

        16. 30.Without prejudice to the powers conferred by Article 95(2), every provision contained in subordinate legislation,...

        17. 31.(1) Anything which, immediately before the transfer date, is in process of being done under...

        18. 32.(1) An application or claim by Northern Ireland Electricity for hazardous substances consent which is...

        19. 33.(1) Where a distribution is proposed to be declared during the accounting reference period of...

      3. PART III OTHER SAVINGS

        1. 34.An order by the Department of Finance and Personnel under paragraph 18(2) of Schedule 6...

        2. Para. 35 rep. by 1995 NI 19

        3. Para. 35 rep. by 1995 NI 19

        4. 36.The provisions of this Schedule shall have effect without prejudice to sections 28 and 29...

    14. Schedule 14‐Repeals

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