The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019

2.  For Article 2 (definitions) substitute—

“Article 2 Definitions

In this Regulation—

“congestion”—

(a)

in relation to Great Britain, means a situation in which an interconnection linking the Great Britain transmission network with the transmission network of another country or territory cannot accommodate all physical flows resulting from international trade required by market participants, because of a lack of capacity of the interconnectors or the transmission systems concerned;

(b)

in relation to Northern Ireland, means a situation in which an interconnection linking the Northern Ireland transmission network with the transmission network of Great Britain or with that of a third country cannot accommodate all physical flows resulting from international trade required by market participants, because of a lack of capacity of the interconnectors or the transmission systems concerned;

“cross-border flow”—

(a)

in relation to Great Britain, means a physical flow of electricity on the Great Britain transmission network that results from the impact of the activity of producers or consumers, or both producers and consumers, outside Great Britain on its transmission network;

(b)

in relation to Northern Ireland, means a physical flow of electricity on the Northern Ireland transmission network that results from the impact of the activity of producers or consumers, or both producers and consumers, from outside the SEM on the Northern Ireland transmission network;

“customer” means a wholesale or final customer of electricity;

“declared export”—

(a)

in relation to Great Britain, means the dispatch of electricity in Great Britain on the basis of an underlying contractual arrangement to the effect that the simultaneous corresponding take-up of electricity will take place in another country or territory;

(b)

in relation to Northern Ireland, means the dispatch of electricity in Northern Ireland on the basis of an underlying contractual arrangement to the effect that the simultaneous corresponding take-up of electricity will take place in Great Britain or in a third country;

“declared import”—

(a)

in relation to Great Britain, means the take-up of electricity in Great Britain simultaneously with the dispatch of electricity in another country or territory;

(b)

in relation to Northern Ireland, means the take-up of electricity in Northern Ireland simultaneously with the dispatch of electricity in Great Britain or in a third country;

“declared transit” means a circumstance where a declared export of electricity occurs and where the nominated path for the transaction involves a country or territory in which neither the dispatch nor the simultaneous corresponding take-up of the electricity will take place;

“distribution” means the transport of electricity on high-voltage, medium-voltage and low-voltage distribution systems with a view to its delivery to customers, but does not include supply;

“distribution system operator” or “DSO” means a person responsible for operating, ensuring the maintenance of and, if necessary, developing the distribution system in a given area and, where applicable, its interconnections with other systems, and for ensuring the long-term ability of the system to meet reasonable demands for the distribution of electricity;

“final customer” means a customer purchasing electricity for the customer’s own use;

“generation” means the production of electricity;

“interconnected system” means a number of transmission and distribution systems linked together by means of one or more interconnectors;

“interconnector”—

(a)

in relation to Great Britain, means a transmission line which crosses or spans a border between Great Britain and a member State, or between Great Britain and Northern Ireland, and which connects the national transmission system of Great Britain with the transmission system of that other state or territory;

(b)

in relation to Northern Ireland, means a transmission line which crosses or spans a border between Northern Ireland and a member State other than Ireland, or between Northern Ireland and Great Britain and which connects the transmission system in Northern Ireland with the transmission system of that other state or territory;

“the jurisdiction of Great Britain” has the meaning given in section 4(3F)(a) of the Electricity Act 1989(1);

“the national competition authority” means the Competition and Markets Authority;

“new interconnector” means an interconnector not completed by 4th August 2003;

“Northern Ireland” has the meaning given in section 98 of the Northern Ireland Act 1998(2);

“producer” means a person generating electricity;

“the regulatory authority”—

(a)

in relation to Great Britain, means the Gas and Electricity Markets Authority;

(b)

in relation to Northern Ireland, means the Northern Ireland Authority for Utility Regulation;

“the SEM” means the Single Electricity Market as defined in Article 2 of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007(3);

“supply” means the sale, including resale, of electricity to customers;

“system user” means a person supplying to, or being supplied by, a transmission or distribution system;

“third country” means a country other than the United Kingdom or Ireland;

“transmission” means the transport of electricity on the extra high-voltage and high-voltage interconnected system with a view to its delivery to final customers or to distributors, but does not include supply;

“transmission system operator” or “TSO”—

(a)

in relation to Great Britain, means a person who is designated as an electricity transmission system operator under section 10H of the Electricity Act 1989(4);

(b)

in relation to Northern Ireland, means a person who is designated as an electricity transmission system operator under Article 10H of the Electricity (Northern Ireland) Order 1992(5);

“wholesale customer” means a person purchasing electricity for the purpose of resale within or outside the United Kingdom.”.

(1)

1989 c. 29. Section 4(3F) was inserted by section 145(3) of the Energy Act 2004 (c. 20).

(2)

1998 c. 47.

(3)

S.I. 2007/913 (N.I. 7). The definition of “the SEM” in Article 2(2) was substituted by S.R. 2016 No.129.

(4)

Section 10H was inserted by S.I. 2011/2704.

(5)

S.I. 1992/231 (N.I. 1). Article 10H was inserted by S.R. 2011 No.155.