EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations inter alia amend the Electricity (Northern Ireland) Order 1992 (“the Electricity Order”), the Gas (Northern Ireland) Order 1996 (“the Gas Order”) and the Energy (Northern Ireland) Order 2003 (“the Energy Order”) to ensure that they conform to the requirements of Articles 9, 10, 11(1), 13 and 15 of and Annexes VII, XI and XII to Directive 2012/27/EU (“the Energy Efficiency Directive”).
Part 1 contains certain introductory provisions.
Part 2 amends the Energy Order to –
(a)align the functions of the Northern Ireland Authority for Utility Regulation with the requirements of Article 15 of the Directive; and
(b)to amend the enforcement powers to ensure that the penalties under Article 41A and 41B are available in relation to breaches of the Electricity and Gas Order relating to individual meters which breach the requirements of Article 9(1) of the Energy Efficiency Directive.
Part 3 amends the Electricity Order to provide for the inclusion of appropriate conditions in electricity licences to ensure that the authorised activities comply with various requirements under Articles 9, 10, 11(1) and 15 of an Annexes VII, XI and XII to the Energy Efficiency Directive. These requirements are that inter alia customers have regular access to bills and billing information free of charge and that on request suppliers provide electronic billing and an easily understandable explanation of how the bill was derived.
This Part also amends Schedule 7 to the Electricity Order to require individual matters used to ascertain the quantity of electricity supplied and provided after [DATE] to provide information about the actual time of use of electricity.
Part 4 makes corresponding changes to the licensing provisions in the Gas Order.
This Part also inserts a requirement that where gas customers are charged by reference to the quantity of electricity supplied, that supply shall be given through and the quantity ascertained by an individual gas meter charged for at a competitive market rate.
Part 5 amends the Electricity Order and other subordinate legislation relating to priority dispatch of electricity. Article 15(5) of the Energy Efficiency Directive requires Member States to ensure that when dispatching electricity generating installations, electricity transmission and distribution system operators give priority to generating installations using renewable energy sources. This replaces Article 16(2)(c) of Directive 2009/28/EC which only applied in relation to transmission system operators. This Part updates the references to the Energy Efficiency Directive and extends the requirements of the relevant national implementing legislation to distribution system operators.
Part 6 sets out transitional provisions to provide for existing gas and electricity licences to be modified to ensure compliance with the relevant provisions of the Energy Efficiency Directive.