SCHEDULE 4Conditions to which the exemptions from Article 8(1)(bb) of the Electricity Order are subject

Interpretation

17

1

In this Schedule—

  • the Authority” means the Northern Ireland Authority for Utility Regulation;

  • “charging statement” (in relation to a distribution exemption holder who proposes to impose a use of system charge) is to be construed in accordance with paragraph 5(2)(b);

  • “closed distribution system” means a system classified as a closed distribution system by the Authority under paragraph 11(2);

  • “customer” means a person who purchases electricity for the person’s own consumption;

  • “the Energy Order” means the Energy (Northern Ireland) Order 2003;

  • “expression of interest” has the meaning given by paragraph 1(2);

  • “household customer” means a customer who purchases electricity for consumption by the customer’s own household;

  • “system user”, in relation to a distribution system, means—

    1. a

      a person supplying electricity that is being conveyed by means of that distribution system; or

    2. b

      a customer who owns or occupies premises that are connected to that distribution system;

  • “third party supplier”, in relation to a distribution exemption holder, means any authorised supplier that is not related to the distribution exemption holder; and

  • “use of system charge”, in relation to a distribution exemption holder, means a charge which—

    1. a

      is levied by the distribution exemption holder on a third party supplier identified in an expression of interest that has been served on the distribution exemption holder; and

    2. b

      is for use of the exempt distribution system to which the expression of interest relates; and

  • “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 19716.

2

For the purposes of this Schedule, a person (“A”) is related to another person (“B”) where A is—

a

an undertaking in which B has a participating interest within the meaning of section 421A of the Financial Services and Markets Act 2000;7

b

a holding company of B;

c

a subsidiary of B; or

d

a subsidiary of a holding company of B.

3

For the purposes of sub-paragraph (2) “holding company” and “subsidiary” are to be construed in accordance with section 1159 of the Companies Act 2006.8