Energy Bill
[AS INTRODUCED]
Contents
PART I
NEW REGULATORY ARRANGEMENTS
The Northern Ireland Authority for Energy Regulation
- The Northern Ireland Authority for Energy Regulation
- Transfer to Authority of functions, property, etc. of Directors
- Forward work programme of the Authority
- Annual and other reports of Authority
- Publication by Authority of advice and information about consumer matters
- Powers of Authority in relation to external matters
- The energy group of the General Consumer Council for Northern Ireland
- Forward work programme of the Council
- Co-operation between Authority and Council
- The principal objective and general duties of the Department and the Authority in relation to electricity
- Exceptions from the general duties
- The principal objective and general duties of the Department and the Authority in relation to gas
- Exceptions from the general duties
- Preliminary
- Acquisition and review of information
- Provision of advice and information to public authorities and other persons
- Provision of information to consumers
- Publication of statistical information about complaints
- Power to publish advice and information about consumer matters
- Consumer complaints
- Power of Council to investigate other matters
- Provision of information to Council
- Publication of notice of reasons
- Provision of information by Council to Authority
- Sections 22 to 24: supplementary
- New kind of electricity transmission licence
- Conversion of existing electricity transmission licences
- New kind of gas conveyance licence
- Conversion of existing gas conveyance licences
- New standard conditions for gas conveyance licences
- Conditions of electricity licences
- Conditions of gas licences
- Standard conditions of gas licences
- Modification of electricity licences following Competition Commission report
- Modification of gas licences following Competition Commission report
- Power to alter activities requiring electricity licence
- Power to alter activities requiring gas licence
- Introductory
- Orders for securing compliance
- Procedural requirements
- Validity and effect of orders
- Financial penalties
- Statement of policy with respect to penalties
- Time limits on the imposition of financial penalties
- Interest and payment of instalments
- Appeals
- Recovery of penalties
- Power to require information
- Obligation in connection with electricity from renewable sources
- Orders under section 49: supplementary
- Green certificates
- Payment as alternative to complying with order under section 49
- Power to amend this Part
- Non-fossil fuel obligations
- Abolition of fossil fuel levy
- Designation of pipe-lines for purposes of common tariff
- Modification of gas licences: common tariff for conveyance of gas through designated pipe-lines
- Grants for energy purposes
- Reasons for decisions
- General restrictions on disclosure of information
- Amendments, transitional and transitory provisions and repeals
- Commencement
- Regulations, orders and directions
- Interpretation
- Power to make transitional, consequential and saving provisions
- Short title
The energy group of the General Consumer Council
General
PART II
Objectives of regulation of electricity and gas
Electricity
Gas
PART III
Functions of the general Consumer Council
PART IV
LICENSES
New kinds of licences
Conditions of licences
Modification of licences following Competition Commission report
Powers to alter licensable activities
PART V
ENFORCEMENT
Introductory
Orders for securing compliance
Financial penalties
Power to require information
PART VI
ELECTICITY FROM RENEWABLE SOURCES
PART VII
Miscellaneous and Supplementary
Common tariff for conveyance of gas through designated pipe-lines
Miscellaneous
Supplementary
Schedules:
Schedule 1 The Northern Ireland Authority for Energy Regulation
Schedule 2 Orders altering licensable activities
Schedule 3 Amendments
Schedule 4 Transitional and transitory provisions and savings
Schedule 5 Repeals
A
B I L L
TO
Provide for the establishment and functions of the Northern Ireland Authority for Energy Regulation and an energy group of the General Consumer Council for Northern Ireland; to amend the legislation regulating the electricity and gas industries; and for connected purposes.
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
PART I
New Regulatory Arrangements
The Northern Ireland Authority for Energy Regulation
The Northern Ireland Authority for Energy Regulation
1.¾ (1) There shall be a body corporate to be known as the Northern Ireland Authority for Energy Regulation (in this Act referred to as "the Authority") for the purpose of carrying out¾
(a) functions transferred to the Authority from the Director General of Gas for Northern Ireland and the Director General of Electricity Supply for Northern Ireland; and
(b) the other functions of the Authority under this Act.
(2) The functions of the Authority are performed on behalf of the Crown.
(3) The expenses of the Authority shall be defrayed out of money appropriated for that purpose by Act of the Assembly.
(4) The offices of Director General of Gas for Northern Ireland and Director General of Electricity Supply for Northern Ireland are abolished.
(5) Schedule 1 has effect with respect to the Authority.
Transfer to Authority of functions, property, etc. of Directors
2.¾ (1) The functions, property, rights and liabilities of the Director General of Gas for Northern Ireland and the Director General of Electricity Supply for Northern Ireland ("the Directors") are transferred to the Authority.
(2) Any statutory provision or any document which¾
(a) refers to either of the Directors; and
(b) was passed or made before the transfer effected by subsection (1),
shall have effect after the transfer, so far as necessary for the purposes of or in consequence of the transfer, as if references to the Director were references to the Authority.
(3) Anything which ¾
(a) has been done by or in relation to either of the Directors for the purpose of or in connection with anything transferred by this section; and
(b) is in effect immediately before it is transferred,
shall be treated as if done by or in relation to the Authority.
(4) Anything (including legal proceedings) which¾
(a) relates to anything transferred; and
(b) is in the process of being done by or in relation to either of the Directors immediately before it is transferred,
may be continued by or in relation to the Authority.
(5) Nothing in this section affects the validity of anything done by or in relation to either of the Directors before the transfer takes effect.
Forward work programme of the Authority
3.¾ (1) The Authority shall, before each financial year, publish a document (the "forward work programme") containing a general description of the projects, other than those comprising routine activities in the exercise of its functions, which it plans to undertake during the year.
(2) That description shall include the objectives of each project.
(3) The forward work programme for any year shall also include an estimate of the overall expenditure which the Authority expects to incur during the year in the exercise of its functions.
(4) Before publishing the forward work programme for any year, the Authority shall give notice¾
(a) containing a draft of the forward work programme; and
(b) specifying the time within which representations or objections to the proposals contained in it may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(5) The notice under subsection (4) shall be published by the Authority in such manner as it considers appropriate for the purpose of bringing the matters contained in it to the attention of persons likely to be affected by them.
Annual and other reports of Authority
4.¾ (1) The Authority shall, as soon as practicable after the end of each financial year, make to the Department of Enterprise, Trade and Investment (in this Act referred to as "the Department") a report (the "annual report" for that year) on¾
(a) its activities during that year; and
(b) the activities of the Competition Commission during that year in respect of any references made by the Authority.
(2) The annual report for each year shall include¾
(a) a general survey of developments in respect of matters falling within the scope of the Authority's functions;
(b) a report on the progress of the projects described in the forward work programme for that year;
(c) a summary of final and provisional orders made, and penalties imposed, by the Authority under Part V during the year; and
(d) a report on such other matters as the Department may from time to time require.
(3) The annual report for each year shall set out any general directions given by the Department under¾
(a) Article 50(2) of the Electricity (Northern Ireland) Order 1992 (NI 1) (in this Act referred to as "the Electricity Order"); or
(b) Article 27(2) of the Gas (Northern Ireland) Order 1996 (NI 2) (in this Act referred to as "the Gas Order").
(4) The Department shall consult the Authority before exercising the power under subsection (2)(d) in relation to any matter.
(5) The Department shall¾
(a) lay a copy of each annual report before the Assembly; and
(b) arrange for the report to be published in such manner as the Department considers appropriate.
(6) The Authority shall also make to the Department such reports with respect to the matters mentioned in subsection (2)(a) or (b) as the Department may require and the Authority shall, if the Department so directs, arrange for copies of any report under this subsection to be published in such manner as is specified in the direction.
(7) The Authority may also prepare other reports with respect to any matter falling within the scope of its functions and may arrange for any such report to be published in such manner as it considers appropriate.
(8) The Authority shall send¾
(a) a copy of each annual or other report published under this section to the General Consumer Council for Northern Ireland (in this Act referred to as "the Council"); and
(b) a copy of each report under subsection (7) to the Department.
(9) In making or preparing any report under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.
(10) Section 125(1) of the Fair Trading Act 1973 (annual and other reports) does not apply to activities of the Competition Commission on which the Authority is required to report under this section.
Publication by Authority of advice and information about consumer matters
5.¾ (1) If it appears to the Authority that the publication of any advice and information would promote the interests of consumers in relation to gas or electricity supplied by authorised suppliers, the Authority may publish that advice or information in such manner as it thinks fit.
(2) In publishing advice or information under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.
(3) Before deciding to publish under this section any advice or information relating to a particular individual or body of persons the Authority shall consult that individual or body.
(4) The Office of Fair Trading shall consult the Authority before publishing under section 6 of the Enterprise Act 2002 (c.00) any information or advice which may be published by the Authority under this section.
Powers of Authority in relation to external matters
6.¾ (1) The Authority may liaise, co-operate and enter into arrangements with relevant persons in¾
(a) any other part of the United Kingdom;
(b) any other member State;
(c) any other State in which there is a gas pipe-line or electricity transmission system which is or may be connected (directly or indirectly) to a gas pipe-line or electricity transmission system in Northern Ireland.
(2) In subsection (1) "relevant persons" means¾
(a) persons exercising functions in relation to electricity or gas which correspond to any of those of the Authority or the Department; and
(b) persons whose activities consist of or include¾
(i) generating, supplying or participating in the transmission of electricity; or
(ii) storing, supplying or participating in the conveyance of gas.
The energy group of the General Consumer Council
The energy group of the General Consumer Council for Northern Ireland
7.¾ (1) The Council shall establish a group in connection with the exercise of the Council's functions in relation to energy.
(2) Accordingly, in paragraph 10(1) of Schedule 1 to the General Consumer Council (Northern Ireland) Order 1984 (NI 12) after head (b) there shall be inserted ¾
"(bb) a group in connection with the exercise of its functions in relation to energy."
(3) The following bodies are abolished¾
(a) the group established by the Council under paragraph 10(1)(d) of Schedule 1 to the General Consumer Council (Northern Ireland) Order 1984 in connection with the exercise of the Council's functions in relation to the supply of energy (other than electricity); and
(b) the Consumer Committee for Electricity, established under Article 7 of the Electricity Order.
(4) In the following provisions of this Part references to the Council's relevant functions are references to the functions of the Council under¾
(a) the Electricity Order;
(b) the Gas Order; and
(c) this Act.
Forward work programme of the Council
8.¾ (1) The Council shall, before each financial year, publish a document (the "forward work programme") containing a general description of the projects which it plans to undertake during the year in the exercise of its relevant functions (other than projects comprising routine activities in the exercise of those functions).
(2) That description shall include the objectives of each project.
(3) The forward work programme for any year shall also include an estimate of the overall expenditure which the Council expects to incur during the year in the exercise of its relevant functions.
(4) Before publishing the forward work programme for any year, the Council shall give notice¾
(a) containing a draft of the forward work programme; and
(b) specifying the time within which representations or objections to the proposals contained in it may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(5) The notice under subsection (4) shall be published by the Council in such manner as it considers appropriate for the purpose of bringing the matters contained in it to the attention of persons likely to be affected by them.
(6) The Council shall send a copy of any notice given by it under subsection (4) to the Authority and the Department.
General
Co-operation between Authority and Council
9.¾ (1) The Authority and the Council (in respect of its relevant functions) shall make arrangements with a view to securing¾
(a) co-operation and the exchange of information between them; and
(b) consistent treatment of matters which affect both of them.
(2) As soon as practicable after agreement is reached on those arrangements, the Authority and the Council shall prepare a memorandum setting them out and send a copy of it to the Department.
(3) Arrangements under this section shall be kept under review by the Authority and the Council.
(4) As soon as practicable after agreement is reached on any changes to those arrangements, the Authority and the Council shall revise their memorandum and send a copy of the revised memorandum to the Department.
(5) The Department shall lay a copy of any document received by it under this section before the Assembly.
PART II
Objectives of regulation of electricity and gas
Electricity
The principal objective and general duties of the Department and the Authority in relation to electricity
10.¾ (1) The principal objective of the Department and the Authority in carrying out their respective electricity functions is to protect the interests of consumers of electricity supplied by authorised suppliers, wherever appropriate by promoting effective competition between persons engaged in, or in commercial activities connected with, the generation, transmission or supply of electricity.
(2) The Department and the Authority shall carry out those functions in the manner which it considers is best calculated to further the principal objective, having regard to¾
(a) the need to secure that all reasonable demands for electricity are met; and
(b) the need to secure that licence holders are able to finance the activities which are the subject of obligations imposed by or under Part II of the Electricity Order or this Act; and
(c) the need to secure¾
(i) that the prices charged to tariff customers by public electricity suppliers for electricity supplied under Article 19(1) of the Electricity Order to premises in any area specified in an order made by the Department are in accordance with tariffs which do not distinguish (whether directly or indirectly) between different parts of that area; and
(ii) that public electricity suppliers are not thereby disadvantaged in competing with other persons authorised by a licence or exemption to supply electricity to such premises.
(3) In performing that duty, the Department or the Authority shall have regard to the interests of¾
(a) individuals who are disabled or chronically sick;
(b) individuals of pensionable age;
(c) individuals with low incomes; and
(d) individuals residing in rural areas;
but that is not to be taken as implying that regard may not be had to the interests of other descriptions of consumer.
(4) The Department and the Authority may, in carrying out any electricity functions, have regard to the interests of consumers in relation to gas.
(5) Subject to subsection (2), the Department and the Authority shall carry out their respective electricity functions in the manner which it considers is best calculated¾
(a) to promote the efficient use of electricity and efficiency and economy on the part of persons authorised by licences or exemptions to supply or participate in the transmission of electricity;
(b) to protect the public from dangers arising from the generation, transmission or supply of electricity;
(c) to secure a diverse and viable long-term energy supply;
(d) to promote research into, and the development and use of, new techniques by or on behalf of persons authorised by a licence to generate, supply or participate in the transmission of electricity; and
(e) to secure the establishment and maintenance of machinery for promoting the health and safety of persons employed in the generation, transmission or supply of electricity;
and shall have regard, in carrying out those functions, to the effect on the environment of activities connected with the generation, transmission or supply of electricity.
(6) In this section "electricity functions" means¾
(a) functions under Part II of the Electricity Order; and
(b) functions under this Act relating to electricity.
Exceptions from the general duties
11.¾ (1) Section 10 does not apply in relation to functions of the Department under¾
(a) Article 39, 40, 58, 59 or 60 of the Electricity Order; or
(b) section 58.
(2) Section 10 does not apply in relation to anything done by the Authority¾
(a) in the exercise of functions relating to the determination of disputes; or
(b) in the exercise of functions under¾
(i) Article 46(3) of the Electricity Order; or
(ii) section 6.
(3) The Authority may nevertheless, when exercising any function under Article 46(3) of the Electricity Order, have regard to any matter in respect of which a duty is imposed by section 10 if it is a matter to which the Office of Fair Trading could have regard when exercising that function.
(4) The duties imposed by section 10 do not affect the obligation of the Authority or the Department to perform or comply with any other duty or requirement (whether arising under this Act or another statutory provision, by virtue of any Community obligation or otherwise).
Gas
The principal objective and general duties of the Department and the Authority in relation to gas
12.¾ (1) The principal objective of the Department and the Authority in carrying out their respective gas functions is to promote the development and maintenance of an efficient, economic and co-ordinated gas industry in Northern Ireland.
(2) The Department and the Authority shall carry out those functions in the manner which it considers is best calculated to further the principal objective, having regard to¾
(a) the need to protect the interests of consumers of gas;
(b) the need to secure that licence holders are able to finance the activities which are the subject of obligations imposed by or under Part II of the Gas Order or this Act;
(c) the need to secure that the prices charged in connection with the conveyance of gas through designated pipe-lines (within the meaning of section 56) are in accordance with a common tariff which does not distinguish (whether directly or indirectly) between different parts of Northern Ireland or the extent of use of any pipe-line; and
(d) the need to protect the interests of gas licence holders in respect of the prices at which, and the other terms on which, any services are provided by one gas licence holder to another.
(3) In performing that duty, the Department or the Authority shall have regard to the interests of¾
(a) individuals who are disabled or chronically sick;
(b) individuals of pensionable age; and
(c) individuals with low incomes;
but that is not to be taken as implying that regard may not be had to the interests of other descriptions of consumer.
(4) The Department and the Authority may, in carrying out any gas functions, have regard to the interests of consumers in relation to electricity.
(5) Subject to subsection (2), the Department and the Authority shall carry out their respective gas functions in the manner which it considers is best calculated¾
(a) to promote the efficient use of gas;
(b) to protect the public from dangers arising from the conveyance, storage, supply or use of gas;
(c) to secure a diverse and viable long-term energy supply; and
(d) to facilitate competition between persons whose activities consist of or include storing, supplying or participating in the conveyance of gas;
and shall have regard, in carrying out those functions, to the effect on the environment of activities connected with the conveyance, storage or supply of gas.
(6) In this section "gas functions" means¾
(a) functions under Part II of the Gas Order; and
(b) functions under this Act relating to gas.
Exceptions from the general duties
13.¾ (1) Section 12 does not apply in relation to functions of the Department under¾
(a) Article 40 of the Gas Order; or
(b) section 58.
(2) Section 12 does not apply in relation to anything done by the Authority in the exercise of functions under¾
(a) Article 23(3) of the Gas Order; or
(b) section 6.
(3) The Authority may nevertheless, when exercising any function under Article 23(3) of the Gas Order, have regard to any matter in respect of which a duty is imposed by section 12 if it is a matter to which the Office of Fair Trading could have regard when exercising that function.
(4) The duties imposed by section 12 do not affect the obligation of the Authority or the Department to perform or comply with any other duty or requirement (whether arising under this Act or another statutory provision, by virtue of any Community obligation or otherwise).
Part III
Functions of the general Consumer Council
Preliminary
14.¾ (1) In this Part¾
"the interests of consumers" means the interests of consumers in relation to gas or electricity supplied by authorised suppliers; and
"consumer matter" means any matter connected with the interests of consumers.
(2) In considering the interests of consumers the Council shall have regard to the interests of¾
(a) individuals who are disabled or chronically sick;
(b) individuals of pensionable age;
(c) individuals with low incomes; and
(d) individuals residing in rural areas,
but that is not to be taken as implying that regard may not be had to the interests of other descriptions of consumer.
Acquisition and review of information
15.¾ (1) The Council shall obtain and keep under review¾
(a) information about consumer matters; and
(b) information about the views of consumers on such matters.
(2) Where the Authority is required by any provision of this Act, the Electricity Order or the Gas Order to publish a notice or any other document, the Authority shall send a copy of the document to the Council.
Provision of advice and information to public authorities and other persons
16.¾ (1) The Council may¾
(a) make proposals, or provide advice and information, about consumer matters; and
(b) represent the views of consumers on such matters,
to public authorities, persons authorised by a licence or exemption under the Electricity Order or the Gas Order and other persons whose activities may affect the interests of consumers.
(2) Subject to subsection (5), information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be disclosed in the exercise of the Council's power under this section unless one or more of paragraphs (a) to (c) of subsection (3) applies to the information.
(3) Information relating to a particular individual or body may be disclosed if¾
(a) the individual or body has consented to the disclosure;
(b) it is information that is available to the public from some other source; or
(c) it is not information the disclosure of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of the individual or body.
(4) Before deciding to disclose any information relating to a particular individual or body in pursuance of subsection (3)(c), the Council shall¾
(a) consult that individual or body; and
(b) have regard to any opinion expressed by the Authority as to the application of subsection (3)(c) to the information or as to the desirability or otherwise of its disclosure;
and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information.
(5) Subsections (2) to (4) do not apply to a disclosure of information which is made to the Authority, the Department, the Competition Commission or any other public authority.
Provision of information to consumers
17.¾ (1) The Council may provide information about consumer matters, in such form as appears to the Council to be most useful to the recipients, to consumers of electricity or gas supplied by authorised suppliers.
(2) The power conferred by subsection (1) may be exercised by¾
(a) publishing information in any manner the Council thinks appropriate for the purpose of bringing it to the attention of those likely to be interested; or
(b) furnishing information to any consumer (whether in response to a request or otherwise).
(3) Information may only be disclosed in the exercise of that power if it is information that is available to the public from some other source.
Publication of statistical information about complaints
18.¾ (1) The Council may publish, in such form and manner and with such frequency as it thinks appropriate, such statistical information as it considers appropriate in relation to¾
(a) complaints made by consumers about any matter relating to the activities of the holders of licences under¾
(i) Article 10(1)(b) or (c) or (2) of the Electricity Order; or
(ii) Article 8(1)(a) or (c) of the Gas Order; and
(b) the handling of such complaints.
(2) In subsection (1) "complaints" includes complaints made directly to the licence holders concerned (or anyone carrying on activities on their behalf) and complaints to the Authority or the Council.
Power to publish advice and information about consumer matters
19.¾ (1) If it appears to the Council that the publication of any advice and information about consumer matters (including information about the views of consumers on such matters) would promote the interests of consumers, the Council may publish that advice or information in such manner as it thinks fit.
(2) Information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be published under this section unless one or more of paragraphs (a) to (c) of subsection (3) applies to the information.
(3) Information relating to a particular individual or body may be published if¾
(a) that individual or body has consented to the publication;
(b) it is information that is available to the public from some other source; or
(c) it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body.
(4) Before deciding to publish any information relating to a particular individual or body in pursuance of subsection (3)(c), the Council shall¾
(a) consult that individual or body; and
(b) have regard to any opinion expressed by the Authority as to the application of subsection (3)(c) to the information or as to the desirability or otherwise of its publication;
and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information.
Consumer complaints
20.¾ (1) This section applies to a complaint which any customer or potential customer of, or user of electricity or gas supplied by, an authorised supplier ("the complainant") has in his capacity as such against¾
(a) the supplier, in respect of any matter connected with the services provided by him in the course of carrying on regulated activities; or
(b) any other person authorised by a licence or exemption, in respect of any matter affecting those services which is connected with the carrying on by that other person of regulated activities.
(2) Where a complaint to which this section applies (other than one appearing to it to be frivolous or vexatious) is referred to the Council by or on behalf of the complainant, the Council shall (subject to subsection (5)) investigate the complaint for the purpose of determining whether it is appropriate to take any action under subsection (6).
(3) Where it appears to the Council that the complaint relates to a matter in respect of which any enforcement function is or may be exercisable the Council shall (unless it considers that the Authority already has notice of that matter) inform the Authority of the matter.
(4) Where it appears to the Council that the complaint relates to a matter which constitutes a dispute of a kind which can be referred to the Authority under any provision of the Electricity Order, the Council shall inform the complainant that he may have the right to refer the dispute to the Authority.
(5) The Council is not required by this section¾
(a) to investigate a complaint, until the complainant has taken such steps as appear to the Council to be reasonable for him to take for the purpose of giving the person against whom the complaint is made a reasonable opportunity to deal with the complaint;
(b) to investigate any matter to which subsection (3) applies, until the Authority has had a reasonable opportunity to exercise any enforcement function in respect of that matter; or
(c) to investigate any matter constituting a dispute which has been referred to the Authority under any provision of the Electricity Order.
(6) Where it appears to the Council to be appropriate to do so with a view to assisting in reaching a satisfactory resolution of a complaint referred to it under this section, the Council shall make representations on behalf of the complainant to the person against whom the complaint is made about anything to which the complaint relates.
(7) After investigating a complaint the Council may make a report to the Authority; and such a report may include information about¾
(a) any representations made by the Council under subsection (6); and
(b) the response of the person against whom the complaint is made to the complaint or any such representations.
(8) No report under subsection (7), or information about a complaint referred to the Council under this section from which the complainant may be identified, shall be published or disclosed by the Council or the Authority in the exercise of any power under the Electricity Order, the Gas Order or this Act, without the consent of the complainant.
(9) Where a representation made to the Authority about any matter (other than one appearing to it to be frivolous or vexatious) appears to the Authority¾
(a) to be about a matter which is or amounts to a complaint to which this section applies; and
(b) to have been made by or on behalf of the complainant,
the Authority shall refer the complaint to the Council.
(10) In this section¾
"enforcement function" means a function under section 39 or 42;
"regulated activities" means activities which are authorised or regulated by a licence or exemption.
Power of Council to investigate other matters
21.¾ (1) The Council may investigate any matter (not being a matter which it is its duty to investigate under this Part) which appears to it to be a matter relating to the interests of consumers in relation to electricity or gas supplied by authorised suppliers.
(2) Where the Council has investigated a matter under this section it may make a report on that matter to the Authority, the Department, the Office of Fair Trading or any other public authority whose functions appear to the Council to be exercisable in relation to that matter.
(3) Subject to subsection (4), the Council may¾
(a) send a report on any matter investigated under this section to any person who appears to the Council to have an interest in that matter; and
(b) publish any such report in such manner as the Council thinks appropriate.
(4) Information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be included in a report which is to be sent to any person under subsection (3)(a) or published under subsection (3)(b), unless one or more of paragraphs (a) to (c) of subsection (5) applies.
(5) Information relating to a particular individual or body may be included in a such a report if¾
(a) that individual or body has consented to the disclosure;
(b) it is information that is available to the public from some other source; or
(c) it is not information the disclosure of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body.
(6) Before deciding to include in such a report any information relating to a particular individual or body in pursuance of subsection (5)(c), the Council shall¾
(a) consult that individual or body; and
(b) have regard to any opinion expressed by the Authority as to the application of subsection (5)(c) to the information or as to the desirability or otherwise of its inclusion in the report;
and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information.
(7) The power to undertake an investigation under this section includes, without prejudice to the generality of subsection (1), power to investigate any matter relating to, or to anything connected with, gas fittings (or their use) or the use of gas.
(8) In subsection (7), "gas fittings" means gas fittings (within the meaning of paragraph 1 of Schedule 5 to the Gas Order) which are used or intended to be used by persons supplied with gas by authorised suppliers.
Provision of information to Council
22.¾ (1) The Council may direct¾
(a) the Authority; or
(b) the holder of a gas licence or an electricity licence,
to supply to it, in such form as it may reasonably specify, such information specified or described in the direction as it may require for the purpose of exercising its functions.
(2) A person to whom a direction under this section is given shall comply with it as soon as is reasonably practicable.
(3) Before giving a direction under this section and in specifying the form in which any information is to be supplied, the Council shall have regard to the desirability of minimising the costs, or any other detriment, to the Authority or licence holder.
(4) If the Authority fails to comply with a direction under this section it shall, if so required by the Council, give notice to the Council of the reasons for its failure.
Publication of notice of reasons
23.¾ (1) Subject to the following provisions of this section, the Council may publish a notice given to it under section 22(4).
(2) Information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall be excluded from any notice published under subsection (1) unless one or more of paragraphs (a) to (c) of subsection (3) applies to the information.
(3) Information relating to a particular individual or body may be published if¾
(a) that individual or body has consented to the publication;
(b) it is information that is available to the public from some other source; or
(c) it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body.
(4) Before deciding to publish any information relating to a particular individual or body in pursuance of subsection (3)(c), the Council shall¾
(a) consult that individual or body; and
(b) have regard to any opinion expressed by the Authority as to the application of subsection (3)(c) to the information or as to the desirability or otherwise of its publication;
and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information.
Provision of information by Council to Authority
24.¾ (1) The Authority may direct the Council to supply to it, in such form as it may reasonably specify, such information specified or described in the direction as it may require for the purpose of exercising its functions.
(2) The Council shall comply with a direction under this section as soon as is reasonably practicable.
(3) Where the Council refuses to supply any information under subsection (1), it shall give notice to the Authority of its reason for the refusal and the Authority may publish that notice in such manner as it considers appropriate.
(4) In publishing any notice under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that person or body.
Sections 22 to 24: supplementary
25.¾ (1) The Department may make regulations prescribing¾
(a) descriptions of information which the Authority, a licence holder or the Council may refuse to supply under section 22 or 24; or
(b) circumstances in which the Authority, a licence holder or the Council may refuse to comply with a direction under section 22 or 24.
(2) The Council may, if no person is prescribed for the purpose under subsection (3), refer a failure by a licence holder to comply with a direction under section 22 to the Authority.
(3) The Department may make regulations for the purpose of enabling a failure to comply with a direction under section 22 or 24 to be referred by the person who gave the direction to such person (other than the Authority) as may be prescribed by the regulations.
(4) A person to whom such a failure is referred (whether under subsection (2) or regulations under subsection (3)) shall¾
(a) consider any representations made by either party;
(b) determine whether the person failing to comply with the direction is entitled to refuse to do so and, if not, order him to comply with the direction; and
(c) give notice of his determination and any order under paragraph (b), with reasons, to both parties.
(5) A notice under subsection (4) may be published by either party to the reference; and subsections (2) to (4) of section 23 apply to the publication of such a notice as they apply to the publication of a notice under section 22(4).
Part IV
Licences
New kinds of licences
New kind of electricity transmission licence
26.¾ (1) Part II of the Electricity Order shall be amended as follows.
(2) In Article 8(1) (prohibition on unlicensed activities in connection with supply of electricity) for sub-paragraph (b) there shall be substituted¾
"(b) participates in the transmission of electricity for that purpose; or".
(3) In Article 8, after paragraph (3) there shall be inserted¾
"(4) For the purposes of this Part, a person participates in the transmission of electricity if¾
(a) he carries out any of the activities of operator in relation to the transmission system by means of which transmission takes place; or
(b) he makes available for use for the purposes of that transmission system anything which forms part of it.
(5) Where different people have different interests in anything which forms part of a transmission system, only the person with the immediate right to possession of the thing may be regarded for the purposes of paragraph (4) as making it available for use.".
(4) In Article 10(1) (licences authorising supply etc.) for sub-paragraph (b) there shall be substituted¾
"(b) to participate in the transmission of electricity for that purpose; or".
(5) After Article 10 there shall be inserted¾
"Transmission licences
10A.¾ (1) A transmission licence may authorise the holder to participate in the transmission of electricity in any area, or only in an area specified in the licence.
(2) The Authority may, with the consent of the holder of a transmission licence, modify any term included in the licence in pursuance of paragraph (1).
(3) A transmission licence may include conditions which¾
(a) restrict the activities authorised by the licence; or
(b) impose a limit on the area within which the holder may engage in an activity so authorised.".
Conversion of existing electricity transmission licences
27.¾ (1) In this section¾
(a) references to an existing transmission licence are to a licence under Article 10(1)(b) of the Electricity Order which is in force immediately before the commencement date; and
(b) references to the commencement date are to the date on which section 26 comes into operation.
(2) An existing transmission licence shall have effect on and after the commencement date¾
(a) as a licence under Article 10(1)(b) of the Electricity Order (as amended by section 26) authorising the holder to participate in the transmission of electricity in the area which for the purposes of his existing transmission licence was his authorised area; and
(b) with such incidental, consequential and supplementary modifications as appear to the Department to be necessary or expedient.
(3) Modifications under subsection (2)(b) may relate to¾
(a) the terms of a licence, or
(b) the conditions of a licence.
(4) As soon as practicable after the commencement date, the Department shall publish the text of each licence modified under this section.
(5) Before modifying any licence under subsection (2)(b), the Department shall consult¾
(a) the Authority; and
(b) the holder of the licence,
in such manner as it considers appropriate.
(6) Subsection (5) may be satisfied by consultation before, as well as by consultation after, the commencement date.
New kind of gas conveyance licence
28.¾ (1) Part II of the Gas Order shall be amended as follows.
(2) In Article 6(1) (prohibition on unlicensed activities in connection with supply of gas) for sub-paragraph (a) there shall be substituted¾
"(a) participates in the conveyance of gas from one place to another;".
(3) In Article 6, after paragraph (3) there shall be inserted¾
"(4) For the purposes of this Part, a person participates in the conveyance of gas if¾
(a) he carries out any of the activities of operator in relation to the pipe-line by means of which conveyance takes place; or
(b) he makes a pipe-line available for use for the purposes of that conveyance.
(5) Where different people have different interests in a pipe-line, only the person with the immediate right to possession of the pipe-line may be regarded for the purposes of paragraph (4) as making it available for use.".
(4) In Article 8(1) (licences authorising supply, etc.) for sub-paragraph (a) there shall be substituted¾
"(a) to participate in the conveyance of gas from one place to another;".
(5) After Article 8 there shall be inserted¾
"Licences under Article 8(1)(a)
8A.¾ (1) A licence under Article 8(1)(a) may authorise the holder to participate in the conveyance of gas in any area, or only in an area specified in the licence.
(2) The Authority may, with the consent of the holder of a licence under Article 8(1)(a), modify any term included in the licence in pursuance of paragraph (1).
(3) A licence under Article 8(1)(a) may include conditions which¾
(a) restrict the activities authorised by the licence; or
(b) impose a limit on the area within which the holder may engage in an activity so authorised.".
Conversion of existing gas conveyance licences
29.¾ (1) In this section¾
(a) references to an existing conveyance licence are to a licence under Article 8(1)(a) of the Gas Order which is in force immediately before the commencement date; and
(b) references to the commencement date are to the date on which section 28 comes into operation.
(2) An existing conveyance licence shall have effect on and after the commencement date¾
(a) as a licence under Article 8(1)(a) of the Gas Order (as amended by section 28) authorising the holder to participate in the conveyance of gas in the area which for the purposes of his existing conveyance licence was his authorised area; and
(b) with such incidental, consequential and supplementary modifications as appear to the Department to be necessary or expedient.
(3) Modifications under subsection (2)(b) may relate to¾
(a) the terms of a licence, or
(b) the conditions of a licence.
(4) The Department may make such incidental, consequential and supplementary modifications as appear to the Department to be necessary or expedient to the standard conditions of licences under Article 8(1)(a) of the Gas Order.
(5) As soon as practicable after the commencement date, the Department shall publish¾
(a) the text of each licence modified under this section; and
(b) if the standard conditions of licences under Article 8(1)(a) have been modified under subsection (4), the text of those conditions as modified.
(6) Before modifying any licence under subsection (2)(b), the Department shall consult¾
(a) the Authority; and
(b) the holder of the licence,
in such manner as it considers appropriate.
(7) Subsection (6) may be satisfied by consultation before, as well as by consultation after, the commencement date.
(8) Any modification of part of a standard condition of a licence under this section shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part II of the Gas Order.
(9) Where at any time the Department modifies under this section the standard conditions of licences under Article 8(1)(a) of the Gas Order, it shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time.
New standard conditions for gas conveyance licences
30.¾ (1) Such conditions as may be determined by the Department and published by it in such manner as it considers appropriate shall be standard conditions for the purposes of licences under Article 8(1)(a) of the Gas Order in place of the conditions determined in relation to such licences under Article 11(1) of that Order.
(2) No conditions shall be determined under subsection (1) after the commencement of subsection (3).
(3) In Article 11 of the Gas Order ¾
(a) in paragraph (1) for "sub-paragraph (a), (b) or (c)" there shall be substituted "sub-paragraph (b) or (c)"; and
(b) in paragraph (2) after "paragraph (1)" there shall be inserted "or section 30(1) of the Energy Act (Northern Ireland) 2002".
(4) As soon as practicable after the commencement of subsection (3), the Department shall make to a licence in force under Article 8(1)(a)¾
(a) such modifications as appear to the Department to be necessary or expedient for the purpose of securing that the standard conditions determined under subsection (1) are incorporated in that licence (or incorporated with such modifications as the Department considers requisite to meet the circumstances of the case);
(b) such incidental, consequential and supplementary modifications as appear to the Department to be necessary or expedient; and
(c) such other modifications as may be agreed with the licence holder.
(5) Modifications under subsection (4) may relate to¾
(a) the terms of a licence, or
(b) the conditions of a licence.
(6) As soon as practicable after making any modifications under subsection (4), the Department shall publish the text of each licence modified under that subsection.
(7) Before modifying any licence under subsection (4)(a) or (b), the Department shall consult¾
(a) the Authority; and
(b) the holder of the licence,
in such manner as it considers appropriate.
(8) Subsection (7) may be satisfied by consultation before, as well as by consultation after, the commencement of subsection (3).
(9) Any modification of part of a standard condition of a licence under this section shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part II of the Gas Order.
Conditions of licences
Conditions of electricity licences
31.¾ (1) Article 11 of the Electricity Order (conditions of licences) shall be amended as follows.
(2) In paragraph (3)¾
(a) for "Conditions included in a licence under paragraph (1)(a)" there shall be substituted "Without prejudice to the generality of paragraph (1)(a), conditions included in a licence by virtue of that sub-paragraph";
(b) in sub-paragraph (c) after "licence" (in the first place it appears) there is inserted ", or under any document referred to in the licence,".
(3) After paragraph (3) there shall be inserted¾
"(3A) Conditions included in a licence under Article 10(1)(b) or (c) by virtue of paragraph (1)(a) may require the holder, in such circumstances as are specified in the licence¾
(a) so to increase his charges in connection with the transmission or supply of electricity as to raise such amounts as may be determined by or under the conditions; and
(b) to pay the amounts so raised to such licence holders as may be so determined".
(4) For paragraph (5) there shall be substituted¾
"(5) Conditions included in a licence may contain provision for the conditions¾
(a) to have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions; or
(b) to be modified in such manner as may be specified in the conditions at such times and in such circumstances as may be so determined.".
(5) After paragraph (6) there shall be inserted¾
"(6A) Conditions included in a licence may provide for references in the conditions to any document to operate as references to that document as revised or re-issued from time to time.".
Conditions of gas licences
32.¾ (1) Article 10 of the Gas Order (conditions of licences) shall be amended as follows.
(2) In paragraph (3)¾
(a) for "Conditions included in a licence under paragraph (1)(a)" there shall be substituted "Without prejudice to the generality of paragraph (1)(a), conditions included in a licence by virtue of that sub-paragraph";
(b) in sub-paragraph (c) after "licence" (in the first place it appears) there is inserted ", or under any document referred to in the licence,".
(3) After paragraph (3) there shall be inserted¾
"(3A) Conditions included in a licence under Article 8(1)(a) by virtue of paragraph (1)(a) may require the holder, in such circumstances as are specified in the licence¾
(a) so to increase his charges in connection with the conveyance of gas as to raise such amounts as may be determined by or under the conditions; and
(b) to pay the amounts so raised to such licence holders as may be so determined".
(4) For paragraph (5) there shall be substituted¾
"(5) Conditions included in a licence may contain provision for the conditions¾
(a) to have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions; or
(b) to be modified in such manner as may be specified in the conditions at such times and in such circumstances as may be so determined.".
(5) After paragraph (6) there shall be inserted¾
"(6A) Conditions included in a licence may provide for references in the conditions to any document to operate as references to that document as revised or re-issued from time to time.".
Standard conditions of gas licences
33. In Article 11 of the Gas Order (standard conditions of licences) after paragraph (1) there shall be inserted¾
"(1A) The standard conditions for the purposes of licences under sub-paragraph (a), (b) or (c) of Article 8(1) may contain provision¾
(a) for any standard condition included in such a licence not to have effect until brought into operation in such manner and in such circumstances as may be specified in or determined under the standard conditions;
(b) for the effect of any standard condition included in such a licence to be suspended in such manner, and in such circumstances, as may be so specified or determined; or
(c) for any standard condition included in such a licence which is for the time being suspended to be brought back into operation in such manner and in such circumstances as may be so specified or determined.".
Modification of licences following Competition Commission report
Modification of electricity licences following Competition Commission report
34.¾ (1) In Article 17 of the Electricity Order after paragraph (4) there shall be inserted¾
"(5) After considering any representations or objections made in response to proposals set out in a notice under paragraph (3) the Authority shall give notice to the Competition Commission¾
(a) setting out the modifications it proposes to make to remedy or prevent the adverse effects specified in the report; and
(b) stating the reasons for making the modifications.
(6) The Authority shall include with the notice under paragraph (5) a copy of any representations or objections received in relation to the notice under paragraph (3).
(7) If the period of four weeks from the date on which the notice under paragraph (5) is given elapses without a direction under Article 17A(1)(a) having been given to it, the Authority shall¾
(a) make the modifications set out in the notice; or
(b) if a direction under Article 17A(1)(b) has been given, make the modifications which are not specified in the direction.".
(2) After Article 17 of the Electricity Order there shall be inserted¾
"Competition Commission's power to veto modifications following report
17A.¾ (1) The Competition Commission (in this Article referred to as "the Commission") may, within the period of four weeks after the date on which it is given a notice under Article 17(5), direct the Authority¾
(a) not to make the modifications set out in that notice; or
(b) not to make such of the modifications as may be specified in the direction;
and the Authority shall comply with any such direction.
(2) The Department may, within the period of four weeks after the date on which the Commission is given a notice under Article 17(5) and on the application of the Commission, direct that the period for giving a direction under paragraph (1) (and, accordingly, the period mentioned in Article 17(7)) shall be extended by 14 days.
(3) The power to give a direction under paragraph (1) may only be exercised in respect of such of the modifications set out in the notice under Article 17(5)(a) as appear to the Commission not to be the modifications which are requisite for the purpose of remedying or preventing all or any of the adverse effects specified in the report as effects which could be remedied or prevented by modifications.
(4) If the Commission gives a direction under paragraph (1), the Commission¾
(a) shall give notice setting out the modifications proposed by the Authority, the terms of the direction and the reasons for giving it; and
(b) shall itself make such modifications of the conditions of the licence as appear to it to be requisite for the purpose of remedying or preventing¾
(i) if the direction was given under paragraph (1)(a), the adverse effects specified in the report as effects which could be remedied or prevented by modifications;
(ii) if the direction was given under paragraph (1)(b), such of those adverse effects as are not remedied or prevented by the modifications made by the Authority under Article 17(7)(b).
(5) In exercising its function under paragraph (4)(b) the Commission shall have regard to the matters to which the Authority is required to have regard when determining the conditions of a licence.
(6) Before making modifications under paragraph (4)(b) the Commission shall give notice¾
(a) stating that it proposes to make the modifications and setting them out;
(b) stating the reason why it proposes to make them;
(c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(7) A notice under paragraph (4)(a) or (6) shall be given¾
(a) by publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the making of the modifications; and
(b) by serving a copy on the Authority and the holder of the licence in question.
(8) After making modifications under this Article the Commission shall publish a notice stating that the modifications have been made and setting them out, with the reasons for making them.
(9) The provisions mentioned in paragraph (10) are to apply in relation to the exercise by the Commission of its functions under this Article as if¾
(a) in section 82(1) and (2) of the Fair Trading Act 1973 (c. 41) references to a report of the Commission under that Act were references to a notice under paragraph (4)(a), (6) or (8) of this Article;
(b) in section 85 of that Act references to an investigation on a reference made to the Commission were references to an investigation by the Commission for the purposes of the exercise of its functions under this Article.
(10) The provisions are¾
(a) section 82(1) and (2) of the Fair Trading Act 1973 (c. 41) (general provisions as to reports under that Act);
(b) section 85 of that Act (attendance of witnesses and production of documents);
(c) section 24 of the Competition Act 1980 (c. 21) (modification of provisions about the Competition Commission's general functions); and
(d) Part II of Schedule 7 to the Competition Act 1998 (c. 41) (the Competition Commission's general functions).".
Modification of gas licences following Competition Commission report
35.¾ (1) In Article 17 of the Gas Order after paragraph (5) there shall be inserted¾
"(5A) After considering any representations or objections made in response to proposals set out in a notice under paragraph (4), the Authority shall give notice to the Competition Commission¾
(a) setting out the modifications it proposes to make to remedy or prevent the adverse effects specified in the report; and
(b) stating the reasons for making the modifications.
(5B) The Authority shall include with the notice under paragraph (5A) a copy of any representations or objections received in relation to the notice under paragraph (4).
(5C) If the period of four weeks from the date on which the notice under paragraph (5A) is given elapses without a direction under Article 17A(1)(a) having been given to it, the Authority shall¾
(a) make the modifications set out in the notice; or
(b) if a direction under Article 17A(1)(b) has been given, make the modifications which are not specified in the direction.".
(2) After Article 17 of the Gas Order there shall be inserted¾
"Competition Commission's power to veto modifications following report
17A.¾ (1) The Competition Commission (in this Article referred to as "the Commission") may, within the period of four weeks after the date on which it is given a notice under Article 17(5A), direct the Authority¾
(a) not to make the modifications set out in that notice; or
(b) not to make such of the modifications as may be specified in the direction;
and the Authority shall comply with any such direction.
(2) The Department may, within the period of four weeks after the date on which the Commission is given a notice under Article 17(5A) and on the application of the Commission, direct that the period for giving a direction under paragraph (1) (and, accordingly, the period mentioned in Article 17(5C)) shall be extended by 14 days.
(3) The power to give a direction under paragraph (1) may only be exercised in respect of such of the modifications set out in the notice under Article 17(5A)(a) as appear to the Commission not to be the modifications which are requisite for the purpose of remedying or preventing all or any of the adverse effects specified in the report as effects which could be remedied or prevented by modifications.
(4) If the Commission gives a direction under paragraph (1), the Commission¾
(a) shall give notice setting out the modifications proposed by the Authority, the terms of the direction and the reasons for giving it; and
(b) shall itself make such modifications of the relevant conditions as appear to it to be requisite for the purpose of remedying or preventing¾
(i) if the direction was given under paragraph (1)(a), the adverse effects specified in the report as effects which could be remedied or prevented by modifications;
(ii) if the direction was given under paragraph (1)(b), such of those adverse effects as are not remedied or prevented by the modifications made by the Authority under Article 17(5C)(b).
(5) In exercising its function under paragraph (4)(b) the Commission shall have regard to the matters to which the Authority is required to have regard when determining the conditions of a licence.
(6) Before making modifications under paragraph (4)(b) the Commission shall give notice¾
(a) stating that it proposes to make the modifications and setting them out;
(b) stating the reason why it proposes to make them;
(c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(7) A notice under paragraph (4)(a) or (6) shall be given¾
(a) by publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the making of the modifications; and
(b) by serving a copy on the Authority and the holder of the licence in question or, as the case may be, the relevant licence holders.
(8) After making modifications under this Article the Commission shall publish a notice stating that the modifications have been made and setting them out, with the reasons for making them.
(9) Where, in consequence of a reference under Article 15(2) the Commission modifies under paragraph (4)(b) the standard conditions of licences of any type (that is to say, licences under Article 8(1)(a) or (b) or (c)) the Authority may make such incidental and consequential modifications as it considers necessary or expedient of any conditions of licences of that type granted before that time.
(10) Where the Commission modifies the standard conditions of licences of any type as mentioned in paragraph (9) the Authority¾
(a) shall make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time; and
(b) shall publish the modifications made for those purposes in such manner as it considers appropriate.
(11) The modification under this Article of part of a standard condition of a particular licence in consequence of a reference under Article 15(1) shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.
(12) The provisions mentioned in paragraph (13) are to apply in relation to the exercise by the Commission of its functions under this Article as if¾
(a) in section 82(1) and (2) of the Fair Trading Act 1973 (c. 41) references to a report of the Commission under that Act were references to a notice under paragraph (4)(a), (6) or (8) of this Article;
(b) in section 85 of that Act references to an investigation on a reference made to the Commission were references to an investigation by the Commission for the purposes of the exercise of its functions under this Article.
(13) The provisions are¾
(a) section 82(1) and (2) of the Fair Trading Act 1973 (c. 41) (general provisions as to reports under that Act);
(b) section 85 of that Act (attendance of witnesses and production of documents);
(c) section 24 of the Competition Act 1980 (c. 21) (modification of provisions about the Competition Commission's general functions); and
(d) Part II of Schedule 7 to the Competition Act 1998 (c. 41) (the Competition Commission's general functions).".
Powers to alter licensable activities
Power to alter activities requiring electricity licence
36.¾ (1) The Department may by order provide¾
(a) that specified activities are to become licensable activities; or
(b) that specified activities are to cease to be licensable activities.
(2) Schedule 2 has effect in relation to the making of an order under this section.
(3) For the purposes of¾
(a) this section; and
(b) Schedule 2 so far as applying in relation to the making of an order under this section,
activities are licensable activities if undertaking them without the authority of a licence or exemption constitutes an offence under Article 8 of the Electricity Order.
(4) An order under this section may make consequential, transitional, incidental or supplementary provision including amendments or repeals in any provision of this Act or any other statutory provision.
(5) An order under this section may only provide for activities to become licensable activities if they are activities connected with the generation, transmission or supply of electricity.
(6) An order under this section may provide that it is to remain in force only for a period specified in the order.
Power to alter activities requiring gas licence
37.¾ (1) The Department may by order provide¾
(a) that specified activities are to become licensable activities; or
(b) that specified activities are to cease to be licensable activities.
(2) Schedule 2 has effect in relation to the making of an order under this section.
(3) For the purposes of¾
(a) this section; and
(b) Schedule 2 so far as applying in relation to the making of an order under this section,
activities are licensable activities if undertaking them without the authority of a licence or exemption constitutes an offence under Article 6 of the Gas Order.
(4) An order under this section may make consequential, transitional, incidental or supplementary provision including¾
(a) amendments or repeals in any provision of this Act or any other statutory provision; and
(b) provision modifying any standard conditions of gas licences or (in the case of an order under subsection (1)(a)) provision determining the conditions which are to be standard conditions for the purposes of licences authorising the undertaking of activities which are to become licensable activities.
(5) An order under this section may only provide for activities to become licensable activities if they are activities connected with the conveyance, storage or supply of gas.
(6) An order under this section may provide that it is to remain in force only for a period specified in the order.
Part V
Enforcement
Introductory
Introductory
38.¾ (1) This Part has effect in relation to the enforcement of¾
(a) relevant conditions of gas and electricity licences;
(b) relevant requirements; and
(c) (in the case of an electricity licence holder who is a public electricity supplier) the standards of performance prescribed under Article 42 of the Electricity Order.
(2) In this Part¾
"relevant conditions", in relation to any licence holder, means any condition of his licence;
"relevant requirement" means¾
(a) in relation to an electricity licence holder, any duty or other requirement imposed on him by or under¾
(i) any of Articles 12, 19 to 26, 43(3), 44(3), 45A or 45B of the Electricity Order;
(ii) an order made under section 25(4)(b); or
(iii) Part VI;
(b) in relation to a gas licence holder, any duty or other requirement imposed on him by or under an order made under section 25(4)(b).
Orders for securing compliance
Orders for securing compliance
39.¾ (1) Subject to subsections (2), (5) and (6) and section 40, where the Authority is satisfied that a licence holder is contravening, or is likely to contravene, any relevant condition or requirement, it shall by a final order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.
(2) Subject to subsections (5) and (6), where it appears to the Authority-
(a) that a licence holder is contravening, or is likely to contravene, any relevant condition or requirement; and
(b) that it is requisite that a provisional order be made,
the Authority shall (instead of taking steps towards the making of a final order) by a provisional order make such provision as appears to it requisite for the purpose of securing compliance with that condition or requirement.
(3) In determining for the purposes of subsection (2)(b) whether it is requisite that a provisional order be made, the Authority shall have regard, in particular-
(a) to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the relevant condition or requirement, is likely to be done, or omitted to be done, before a final order may be made; and
(b) to the fact that the effect of the provisions of this section and section 41 is to exclude the availability of any remedy (apart from under those provisions or for negligence) in respect of any contravention of a relevant condition or requirement.
(4) Subject to subsections (5) and (6) and section 40, the Authority shall confirm a provisional order, with or without modifications, if-
(a) it is satisfied that the licence holder to whom the order relates is contravening, or is likely to contravene, any relevant condition or requirement; and
(b) the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.
(5) The Authority shall not make a final order or make or confirm a provisional order in relation to a licence holder if it is satisfied-
(a) that the duties imposed on it by section 10 or 12 preclude the making or, as the case may be, the confirmation of the order; or
(b) that the most appropriate way of proceeding is under the Competition Act 1998 (c. 41).
(6) The Authority is not required to make a final order or make or confirm a provisional order if it is satisfied¾
(a) that the licence holder has agreed to take and is taking all such steps as it appears to the Authority for the time being to be appropriate for the licence holder to take for the purpose of securing or facilitating compliance with the condition or requirement in question; or
(b) that the contraventions were, or the apprehended contraventions are, of a trivial nature.
(7) Where the Authority is satisfied as mentioned in subsections (5) and (6), it shall-
(a) serve notice that it is so satisfied on the licence holder; and
(b) publish the notice in such manner as it considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.
(8) A final or provisional order-
(a) shall require the licence holder to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;
(b) shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and
(c) may be revoked at any time by the Authority.
(9) In this Part¾
"final order" means an order under this section other than a provisional order;
"provisional order" means an order under this section which if not previously confirmed in accordance with subsection (4), will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order.
Procedural requirements
40.¾ (1) Before it makes a final order or confirms a provisional order, the Authority shall give notice-
(a) stating that the Authority proposes to make or confirm the order and setting out its effect;
(b) setting out-
(i) the relevant condition or requirement for the purpose of securing compliance with which the order is to be made or confirmed;
(ii) the acts or omissions which, in the Authority's opinion, constitute or would constitute contraventions of that condition or requirement; and
(iii) the other facts which, in its opinion, justify the making or confirmation of the order; and
(c) specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed order or proposed confirmation may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(2) A notice under subsection (1) shall be given-
(a) by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and
(b) by serving a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, on the licence holder to whom the order relates.
(3) The Authority shall not make a final order with modifications, or confirm a provisional order with modifications, except¾
(a) with the consent to the modifications of the licence holder to whom the order relates; or
(b) after complying with the requirements of subsection (4).
(4) The requirements mentioned in subsection (3) are that the Authority shall-
(a) serve on the licence holder to whom the order relates such notice as appears to it requisite of its proposal to make or confirm the order with modifications;
(b) in that notice specify the period (not being less than 21 days from the date of the service of the notice) within which representations or objections with respect to the proposed modifications may be made; and
(c) consider any representations or objections which are duly made and not withdrawn.
(5) As soon as practicable after making a final order or making or confirming a provisional order, the Authority shall-
(a) serve a copy of the order on the licence holder to whom the order relates; and
(b) publish the order in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.
(6) Before revoking a final order or a provisional order which has been confirmed, the Authority shall give notice-
(a) stating that the Authority proposes to revoke the order and setting out its effect; and
(b) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed revocation may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(7) If, after giving a notice under subsection (6), the Authority decides not to revoke the order to which the notice relates, it shall give notice of its decision.
(8) A notice under subsection (6) or (7) shall be given-
(a) by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and
(b) by serving a copy of the notice on the licence holder to whom the order relates.
Validity and effect of orders
41.¾ (1) If the licence holder to whom a final or provisional order relates is aggrieved by the order and desires to question its validity on the ground-
(a) that its making or confirmation was not within the powers of section 39; or
(b) that any of the requirements of section 40 have not been complied with in relation to it,
he may, within 42 days from the date of service on him of a copy of the order, make an application to the High Court under this section.
(2) On any such application the High Court may, if satisfied that the making or confirmation of the order was not within those powers or that the interests of the licence holder have been substantially prejudiced by a failure to comply with those requirements, quash the order or any provision of the order.
(3) Except as provided by this section, the validity of a final or provisional order shall not be questioned by any legal proceedings whatever.
(4) The obligation to comply with a final or provisional order shall be a duty owed to any person who may be affected by a contravention of the order.
(5) Where a duty is owed under subsection (4) to any person, any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit of that person.
(6) In any proceedings brought against a licence holder under subsection (5), it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the order.
(7) Without prejudice to any right which any person may have under subsection (5) to bring civil proceedings in respect of any contravention or apprehended contravention of a final or provisional order, compliance with any such order shall be enforceable by civil proceedings by the Authority for an injunction or for any other appropriate relief.
Financial penalties
Financial penalties
42.¾ (1) Where the Authority is satisfied that a licence holder has contravened or is contravening any relevant condition or requirement, the Authority may, subject to section 44, impose on the licence holder a penalty of such amount as is reasonable in all the circumstances of the case.
(2) Where the Authority is satisfied that an electricity licence holder who is a public electricity supplier has failed or is failing to achieve any standard of performance prescribed under Article 42 of the Electricity Order, the Authority may, subject to section 44, impose on the licence holder a penalty of such amount as is reasonable in all the circumstances of the case.
(3) The Authority shall not impose a penalty on a licence holder under subsection (1) or (2) where it is satisfied that the most appropriate way of proceeding is under the Competition Act 1998 (c. 41).
(4) Before imposing a penalty on a licence holder under subsection (1) or (2) the Authority shall give notice¾
(a) stating that it proposes to impose a penalty and the amount of the penalty proposed to be imposed;
(b) setting out the relevant condition or requirement or the standard of performance in question;
(c) specifying the acts or omissions which, in the opinion of the Authority, constitute the contravention or failure in question and the other facts which, in the opinion of the Authority, justify the imposition of a penalty and the amount of the penalty proposed; and
(d) specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(5) Before varying any proposal stated in a notice under subsection (4)(a) the Authority shall give notice¾
(a) setting out the proposed variation and the reasons for it; and
(b) specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed variation may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(6) As soon as practicable after imposing a penalty, the Authority shall give notice¾
(a) stating that it has imposed a penalty on the licence holder and its amount;
(b) setting out the relevant condition or requirement or the standard of performance in question;
(c) specifying the acts or omissions which, in the opinion of the Authority, constitute the contravention or failure in question and the other facts which, in the opinion of the Authority, justify the imposition of the penalty and its amount; and
(d) specifying a date, no earlier than the end of the period of 42 days from the date of service of the notice on the licence holder, by which the penalty is required to be paid.
(7) The licence holder may, within 21 days of the date of service on him of a notice under subsection (6), make an application to the Authority for it to specify different dates by which different portions of the penalty are to be paid.
(8) Any notice required to be given under this section shall be given¾
(a) by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them;
(b) by serving a copy of the notice on the licence holder; and
(c) by serving a copy of the notice on the Council.
(9) No penalty imposed by the Authority under this section may exceed 10 per cent. of the turnover of the licence holder (determined in accordance with provisions specified in an order made by the Department).
(10) Any sums received by the Authority by way of penalty under this section shall be paid into the Consolidated Fund.
Statement of policy with respect to penalties
43.¾ (1) The Authority shall prepare and publish a statement of policy with respect to the imposition of penalties and the determination of their amount.
(2) In deciding whether to impose a penalty, and in determining the amount of any penalty, in respect of a contravention or failure the Authority shall have regard to its statement of policy most recently published at the time when the contravention or failure occurred.
(3) The Authority may revise its statement of policy and where it does so shall publish the revised statement.
(4) Publication under this section shall be in such manner as the Authority considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them.
(5) The Authority shall undertake such consultation as it considers appropriate when preparing or revising its statement of policy.
Time limits on the imposition of financial penalties
44.¾ (1) Where no final or provisional order has been made in relation to a contravention or failure, the Authority may not impose a penalty in respect of the contravention or failure later than the end of the period of 12 months from the time of the contravention or failure, unless before the end of that period¾
(a) the notice under section 42(4) relating to the penalty is served on the licence holder under section 42(8), or
(b) a notice relating to the contravention or failure is served on the licence holder under section 48(2).
(2) Where a final or provisional order has been made in relation to a contravention or failure, the Authority may not impose a penalty in respect of the contravention or failure unless the notice relating to the penalty under section 42(4) was served on the licence holder under section 42(8)¾
(a) within three months from the confirmation of the provisional order or the making of the final order, or
(b) where the provisional order is not confirmed, within six months from the making of the provisional order.
Interest and payment of instalments
45.¾ (1) If the whole or any part of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being prescribed under Article 127 of the Judgments Enforcement (Northern Ireland) Order 1981 (NI 6).
(2) If an application is made under subsection (7) of section 42 in relation to a penalty, the penalty is not required to be paid until the application has been determined.
(3) If the Authority grants an application under that subsection in relation to a penalty but any portion of the penalty is not paid by the date specified in relation to it by the Authority under that subsection, the Authority may where it considers it appropriate require so much of the penalty as has not already been paid to be paid immediately.
Appeals
46.¾ (1) If the licence holder on whom a penalty is imposed is aggrieved by¾
(a) the imposition of the penalty;
(b) the amount of the penalty; or
(c) the date by which the penalty is required to be paid, or the different dates by which different portions of the penalty are required to be paid,
the licence holder may make an application to the High Court under this section.
(2) An application under subsection (1) must be made¾
(a) within 42 days from the date of service on the licence holder of a notice under section 42(6), or
(b) where the application relates to a decision of the Authority on an application by the licence holder under section 42(7), within 42 days from the date the licence holder is notified of the decision.
(3) On any such application, where the court considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the grounds falling within subsection (4), the court¾
(a) may quash the penalty;
(b) may substitute a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case; or
(c) in the case of an application under subsection (1)(c), may substitute for the date or dates imposed by the Authority an alternative date or dates.
(4) The grounds falling within this subsection are¾
(a) that the imposition of the penalty was not within the power of the Authority under section 42;
(b) that any of the requirements of subsections (4) to (6) or (8) of section 42 have not been complied with in relation to the imposition of the penalty and the interests of the licence holder have been substantially prejudiced by the non-compliance; or
(c) that it was unreasonable of the Authority to require the penalty imposed, or any portion of it, to be paid by the date or dates by which it was required to be paid.
(5) If an application is made under this section in relation to a penalty, the penalty is not required to be paid until the application has been determined.
(6) Where the court substitutes a penalty of a lesser amount it may require the payment of interest on the substituted penalty at such rate, and from such date, as it considers just and equitable.
(7) Where the court specifies as a date by which the penalty, or a portion of the penalty, is to be paid a date before the determination of the application under this section it may require the payment of interest on the penalty, or portion, from that date at such rate as it considers just and equitable.
(8) Except as provided by this section, the validity of a penalty shall not be questioned by any legal proceedings whatever.
Recovery of penalties
47. Where a penalty imposed under section 42(1) or (2), or any portion of it, has not been paid by the date on which it is required to be paid and¾
(a) no application relating to the penalty has been made under section 46 during the period within which such an application can be made, or
(b) an application has been made under that section and determined,
the Authority may recover from the licence holder, as a civil debt due to it, any of the penalty and any interest which has not been paid.
Power to require information
Power to require information
48.¾ (1) Where it appears to the Authority that a licence holder¾
(a) may be contravening, or may have contravened, any relevant condition or requirement, or
(b) (in the case of an electricity licence holder who is a public electricity supplier) may be failing or may have failed to achieve any standard of performance prescribed under Article 42 of the Electricity Order,
the Authority may, for any purpose connected with such of its functions under this Part as are exercisable in relation to that matter, serve a notice under subsection (2) on any person.
(2) A notice under this subsection is a notice signed by the Authority and-
(a) requiring the person on whom it is served to produce, at a time and place specified in the notice, to the Authority or to any person appointed by the Authority for the purpose, any documents which are specified or described in the notice and are in that person's custody or under his control; or
(b) requiring that person, if he is carrying on a business, to furnish, at a time and place and in the form and manner specified in the notice, to the Authority such information as may be specified or described in the notice.
(3) No person shall be required under this section to produce any documents which he could not be compelled to produce in civil proceedings in the High Court or, in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in any such proceedings.
(4) A person who without reasonable excuse fails to do anything required of him by notice under subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) A person who intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (2) to produce shall be guilty of an offence and shall be liable-
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(6) If a person makes default in complying with a notice under subsection (2), the High Court may, on the application of the Authority, make such order as the court thinks fit for requiring the default to be made good; and any such order may provide that all the costs of and incidental to the application shall be borne by the person in default or by any officers of a company or other body or association who are responsible for its default.
Part VI
Electricity From Renewable Sources
Obligation in connection with electricity from renewable sources
49.¾ (1) The Department may by order impose on each electricity supplier who falls within a specified description ("a designated electricity supplier") an obligation to do what is set out in subsection (2) (and that obligation is referred to in this Part as the "renewables obligation").
(2) Subject to the provisions of this section and sections 50 and 52, the renewables obligation is that the designated electricity supplier must, before a specified day (or before each of several specified days, or before a specified day in each year), produce to the Authority evidence of a specified kind showing¾
(a) that he has supplied to customers in Northern Ireland during a specified period such amount of electricity generated by using renewable sources as is specified in relation to such a supplier; or
(b) that another electricity supplier has done so (or that two or more others have done so); or
(c) that between them they have done so.
(3) In this Part "electricity supplier" means the holder of a licence under Article 10(1)(c) or (2) of the Electricity Order, except where he is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence.
(4) Evidence of the supply of electricity may not be produced more than once in relation to the same electricity.
(5) In the case of electricity generated by a generating station fuelled or driven partly by renewable sources and partly by fossil fuel or peat, only the proportion attributable to the renewable sources can count towards discharging the renewables obligation (but this is subject to section 50(1)(g)).
(6) Before making an order under this section, the Department shall consult¾
(a) the Authority;
(b) the Council;
(c) the electricity suppliers to whom the proposed order would apply;
(d) persons generating electricity from renewable sources in Northern Ireland; and
(e) such other persons, if any, as the Department considers appropriate.
(7) In this section and section 50¾
"fossil fuel" means coal, substances produced directly or indirectly from coal, lignite, natural gas, crude liquid petroleum, or petroleum products (and "natural gas" and "petroleum products" have the same meanings as in the Energy Act 1976 (c. 76));
"peat" includes substances produced directly or indirectly from peat;
"renewable sources" means sources of energy other than fossil fuel, peat or nuclear fuel, but includes waste of which not more than a specified proportion is waste which is, or is derived from, fossil fuel or peat;
"specified" means specified in the order.
Orders under section 49: supplementary
50.¾ (1) An order under section 49 may make provision generally in relation to the renewables obligation imposed by the order, and may in particular specify¾
(a) different obligations for successive periods of time;
(b) that only electricity generated using specified descriptions of renewable source is to count towards discharging the obligation (or that such electricity is to count only up to a specified amount);
(c) that only electricity generated by specified descriptions of generating station is to count towards discharging the obligation (or that such electricity is to count only up to a specified amount);
(d) that a specified minimum amount of electricity generated as mentioned in paragraph (b) or (c) is to be counted towards the discharge of the renewables obligation;
(e) how the amount of electricity supplied by an electricity supplier (whether generally or to particular customers or descriptions of customer) is to be determined;
(f) how the proportion referred to in section 49(5) or in the definition of "renewable sources" in section 49(7) is to be determined;
(g) the consequences for the discharge of the renewables obligation if a generating station of the type mentioned in section 49(5) uses more than a specified proportion of fossil fuel or peat during a specified period (which may include the consequence that none of the electricity generated by that generating station during that period is to count towards discharging the obligation);
(h) that specified information, or information of a specified nature, is to be given to the Authority (in addition to the evidence referred to in section 49(2)), and the form in which it is to be given.
(2) An order may, in relation to any specified period ("the current period")¾
(a) provide that evidence of electricity supplied in a later period may, when available, be counted towards discharging the renewables obligation for the current period;
(b) provide that evidence of electricity supplied in the current period may, in a later period, be counted towards discharging the renewables obligation for that period;
(c) specify how much later the later period referred to in paragraph (a) or (b) may be;
(d) specify a maximum proportion of the renewables obligation for any period which may be discharged as mentioned in paragraph (a) or (b);
(e) specify a maximum proportion of electricity supplied in any period evidence of which may be counted towards discharging the renewables obligation for a different period.
(3) An order may make¾
(a) different provision for different cases or circumstances; and
(b) different provision in relation to different electricity suppliers,
if the Department is of the opinion that the differences are such that no electricity supplier would be unduly disadvantaged in competing with other electricity suppliers.
(4) An order may provide for the Authority to require an electricity supplier to provide it with information, or with information of a particular kind, which is in its opinion relevant to the question whether the supplier is discharging, or has discharged, the renewables obligation.
(5) That information must be given to the Authority in whatever form it requires.
(6) No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court.
(7) An order may make further provision as to the functions of the Authority in relation to the obligation imposed by the order.
Green certificates
51.¾ (1) An order under section 49 may provide for the Authority to issue from time to time, in accordance with such criteria (if any) as are specified in the order, a certificate to the operator of a generating station in Northern Ireland or to an electricity supplier.
(2) A certificate under this section is to certify¾
(a) that the generating station or, in the case of a certificate issued to an electricity supplier, a generating station in Northern Ireland specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate; and
(b) that it has been supplied to customers in Northern Ireland.
(3) If an electricity supplier produces a certificate to the Authority, it is to count for the purposes of section 49(2) as sufficient evidence of the facts certified.
Payment as alternative to complying with order under section 49
52.¾ (1) An order under section 49 may provide that instead of producing evidence under section 49(2), a designated electricity supplier may discharge (in whole or in part) his renewables obligation (or his obligation in relation to a particular period) by making a payment to the Authority.
(2) The order may make provision¾
(a) as to the sum which for the purposes of subsection (1) is to correspond to the supply of a given amount of electricity;
(b) for different such sums in relation to different periods;
(c) for different such sums in relation to electricity generated in different ways specified in the order (such as those referred to in section 50(1)(b) and (c)); and
(d) for any such sum to be adjusted from time to time for inflation by a method specified in the order (which may refer to a specified scale or index or to other specified data of any description, including such a scale or index or such data in a form not current when the order was made, but in a subsequent form attributable to revision or any other cause and taking effect afterwards).
(3) The Authority shall pay the amounts received to electricity suppliers in accordance with a system of allocation specified in the order.
(4) The system of allocation specified in the order may provide for payments to specified categories of electricity supplier only.
Power to amend this Part
53.¾ (1) The Department may by order make such amendments to the preceding provisions of this Part as appear to the Department to be necessary or expedient¾
(a) to take account of any amendments made or proposed to be made to any of the corresponding Great Britain provisions; or
(b) for giving effect to¾
(i) any Community obligation; or
(ii) any arrangement or agreement entered into between the Government of the United Kingdom and the government of any other member State.
(2) In this section "the corresponding Great Britain provisions" means¾
(a) sections 32 to 32C of the Electricity Act 1989 (c. 29); and
(b) any provision amending or re-enacting (with or without modification) any provision mentioned in paragraph (a).
Non-fossil fuel obligations
54.¾ (1) Subject to the following provisions of this section, Article 35 of the Electricity Order (non-fossil fuel obligations) shall cease to have effect.
(2) The Department may by order make such provision as it considers necessary or expedient for the purpose of¾
(a) saving orders under Article 35 of the Electricity Order made before the coming into operation of subsection (1);
(b) preserving, modifying, replacing or otherwise dealing with arrangements (as mentioned in that Article) made pursuant to such an order, including making provision for substituting different parties to the arrangements or for replacement arrangements to be between parties different from those party to the replaced arrangements.
(3) The power in subsection (2)(b) may be exercised both before the coming into operation of subsection (1) and afterwards.
(4) An order under this section may, in particular, provide for Article 35 to continue to have effect with modifications specified in the order.
(5) An order under this section may provide¾
(a) that any specified requirement contained in it is to be treated as a relevant requirement for the purposes of Part V; and
(b) for one of those requirements to be that a person referred to in paragraph (a) or (b) of subsection (6) is not to act or omit to act as set out there.
(6) The persons, acts and omissions referred to in subsection (5)(b) are¾
(a) an act or omission by a person subject to requirements contained in the order which prevents any arrangements made pursuant to the order from securing such results as are specified in the order; and
(b) an act or omission by a party to arrangements made pursuant to an order under Article 35 of the Electricity Order made before the coming into operation of subsection (1) (or such arrangements as modified or replaced by virtue of an order under this section) which prevents the arrangements from securing the result mentioned in paragraph (2) of that Article (or that paragraph as modified by virtue of an order under this section), or such corresponding result as is specified in the order.
Abolition of fossil fuel levy
55. Article 36 of the Electricity Order (fossil fuel levy) shall cease to have effect.
Part VII
Miscellaneous and Supplementary
Common tariff for conveyance of gas through designated pipe-lines
Designation of pipe-lines for purposes of common tariff
56.¾ (1) The Department, after consultation with the Authority, may by order designate any high-pressure pipe-line as a pipe-line to which section 57 applies; and references in that section to a "designated pipe-line" are to a pipe-line for the time being designated under this section.
(2) For the purposes of this section a pipe-line is a high-pressure pipe-line if it has a design operating pressure exceeding 7 bar gauge.
(3) Before making an order under this section, the Department shall give notice¾
(a) stating that it proposes to make the order and setting out its effect; and
(b) specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed order may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
Modification of gas licences: common tariff for conveyance of gas through designated pipe-lines
57.¾ (1) The Department after consultation with the Authority, or the Authority with the consent of the Department, may in accordance with this section modify¾
(a) the conditions of a particular licence under sub-paragraph (a) or (c) of Article 8(1) of the Gas Order; or
(b) the standard conditions of licences under sub-paragraph (a) or (c) of Article 8(1) of that Order,
where it considers it necessary or expedient to do so for the purpose of implementing, or facilitating the operation of, arrangements designed to secure¾
(i) that the prices charged in connection with the conveyance of gas through designated pipe-lines are in accordance with a common tariff which does not distinguish (whether directly or indirectly) between different parts of Northern Ireland or the extent of use of any such pipe-line; or
(ii) the efficient operation of designated pipe-lines.
(2) The power to modify licence conditions under paragraph (a) or (b) of subsection (1) includes power¾
(a) to make modifications relating to the operation of the arrangements mentioned in that subsection, including in particular¾
(i) modifications concerning the operation of designated pipe-lines; and
(ii) modifications requiring or authorising a licence holder to act on behalf of other licence holders for the purposes of such arrangements;
(b) to make such modifications as are necessary or expedient to take account of any amendment or revocation of an order under section 56; and
(c) to make incidental, consequential or transitional modifications.
(3) Before making modifications under this section the Department or the Authority shall consult the holder of any licence being modified and such other persons as it considers appropriate.
(4) Any modification of part of a standard condition of a licence under subsection (1)(a) shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part II of the Gas Order.
(5) Where at any time the Department or the Authority modifies under subsection (1)(b) the standard conditions of licences under sub-paragraph (a) or (c) of Article 8(1) of the Gas Order, it shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time.
(6) Where the Department or the Authority makes any modifications under this section it shall publish those modifications in such manner as it considers appropriate.
Miscellaneous
Grants for energy purposes
58.¾ (1) The Department may, in accordance with this section, make grants to persons engaged in, or in commercial activities connected with¾
(a) the generation, transmission or supply of electricity;
(b) the conveyance, storage or supply of gas; or
(c) providing advice or undertaking research or other activities relating to any of the matters mentioned in paragraph (a) or (b).
(2) A grant shall not be made under this section unless in the opinion of the Department¾
(a) the making of the grant is likely to achieve one or more of the purposes set out in subsection (3); and
(b) the amount of the grant is reasonable having regard to all the circumstances.
(3) Those purposes are¾
(a) to secure a diverse and viable long term energy supply;
(b) to promote research and development in relation to matters connected with energy supply;
(c) in relation to grants under subsection (1)(a) or (c), to promote efficiency and economy on the part of persons authorised by licences or exemptions to supply or participate in the transmission of electricity;
(d) in relation to grants under subsection (1)(b) or (c), to promote the development and maintenance of an efficient, economic and co-ordinated gas industry in Northern Ireland;
(e) any other purpose prescribed by regulations made by the Department with the approval of the Department of Finance and Personnel.
(4) Grants under this section shall¾
(a) be of such amounts; and
(b) be made subject to such conditions (including conditions as to repayment),
as the Department may determine.
Reasons for decisions
59.¾ (1) This section applies to the following decisions of the Authority, the Department or the Secretary of State, namely¾
(a) the revocation of an electricity licence or a gas licence;
(b) the modification of the conditions of an electricity licence or a gas licence;
(c) the giving of any directions or consent in pursuance of a condition included in a licence by virtue of¾
(i) Article 11(3)(a) or (b) of the Electricity Order; or
(ii) Article 10(3)(a) or (b) of the Gas Order;
(d) the determination of a question referred in pursuance of a condition included in a licence by virtue of ¾
(i) Article 11(3)(c) of the Electricity Order; or
(ii) Article 10(3)(c) of the Gas Order;
(e) the determination of a dispute referred under Article 26(1) of the Electricity Order;
(f) the making of a final order (within the meaning of Part V), the making or confirmation of a provisional order (within the meaning of that Part) or the revocation of a final order or of a provisional order which has been confirmed.
(2) As soon as reasonably practicable after making such a decision the Authority, the Department or the Secretary of State shall publish a notice stating the reasons for the decision in such manner as it or he considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be interested.
(3) The Authority shall send a copy of a notice published in respect of a decision mentioned in paragraph (a), (b), (c), (d) or (f) of subsection (1) to the licence holder to whose licence, or to whom, the decision relates.
(4) In preparing a notice under subsection (2) the Authority, the Department or the Secretary of State shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where it or he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body.
(5) This section does not apply to a decision resulting in any provision which the Department has directed the Authority not to enter in a register under¾
(a) Article 52(4) of the Electricity Order; or
(b) Article 29(4) of the Gas Order.
General restrictions on disclosure of information
60.¾ (1) Information which¾
(a) has been obtained under or by virtue of the provisions of this Act, Part II of the Electricity Order or Part II of the Gas Order; and
(b) relates to the affairs of any individual or to any particular business,
shall not be disclosed during the lifetime of the individual or so long as the business continues to be carried on, except as provided below.
(2) Subsection (1) does not apply to a disclosure made with the consent of the individual or the person for the time being carrying on the business.
(3) Subsection (1) does not apply to a disclosure if¾
(a) it is made for the purpose of facilitating the performance of any functions of the Department, the Authority, the Council or the Competition Commission under the Electricity Order, the Gas Order or this Act;
(b) it is required by a notice under Article 31 or 59 of the Electricity Order, Article 30(1) or (2) of the Gas Order or section 48 or the information has been obtained in pursuance of a notice under Article 30(2) of the Gas Order;
(c) it is made by a licence holder and is required to be made by a condition of his licence; or
(d) it is made by one licence holder to another and is required by that other licence holder for purposes connected with the carrying on of activities which he is authorised by his licence to carry on.
(4) Subsection (1) does not apply to any disclosure of information made¾
(a) for the purpose of facilitating the performance by a person or body mentioned in subsection (5) of any function under a statutory provision specified in subsection (6);
(b) for the purpose of facilitating the performance by the Comptroller and Auditor General for Northern Ireland or the Health and Safety Executive for Northern Ireland of any of his or its functions;
(c) for the purpose of facilitating the exercise by the Secretary of State of any power conferred by the Financial Services and Markets Act 2000 (c. 8) or by the statutory provisions relating to companies, insurance companies or insolvency;
(d) for the purpose of facilitating the performance by the Department or the Department of Finance and Personnel of any functions conferred by the statutory provisions relating to companies or insolvency or for the purposes of facilitating the performance of the functions of an inspector appointed under the statutory provisions relating to companies;
(e) for the purpose of facilitating the performance by the official receiver for Northern Ireland of his functions under the statutory provisions relating to insolvency or by a recognised professional body for the purposes of Article 350 of the Insolvency (Northern Ireland) Order 1989 (NI 19) of its functions as such a body;
(f) for the purposes of facilitating the performance by a district council of its functions under the Consumer Protection Act 1987 (c. 43);
(g) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
(h) for the purposes of any civil proceedings brought under or by virtue of the Electricity Order, the Gas Order, this Act or any statutory provision specified in subsection (6); or
(i) in pursuance of a Community obligation;
and sections 17 and 18 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) apply to this subsection as if it were listed in Schedule 4 to that Act.
(5) The persons and bodies specified for the purposes of subsection (4)(a) are¾
(a) a Minister of the Crown;
(b) a Northern Ireland department;
(c) the Competition Commission;
(d) the Office of Fair Trading;
(e) the Director General of Telecommunications;
(f) the Director General of Water Services;
(g) the Gas and Electricity Markets Authority;
(h) the Water Appeals Commission for Northern Ireland;
(i) the Civil Aviation Authority;
(j) the Financial Services Authority.
(6) The statutory provisions specified for the purposes of subsection (4)(a) and (h) are¾
(a) the Trade Descriptions Act 1968 (c. 29);
(b) the Fair Trading Act 1973 (c. 41);
(c) the Water and Sewerage Services (Northern Ireland) Order 1973 (NI 2);
(d) the Consumer Credit Act 1974 (c. 39);
(e) the Estate Agents Act 1979 (c. 38);
(f) the Competition Act 1980 (c. 2);
(g) the Telecommunications Act 1984 (c. 12);
(h) the Airports Act 1986 (c. 31);
(i) the Gas Act 1986 (c. 44);
(j) the Audit (Northern Ireland) Order 1987 (NI 5);
(k) the Consumer Protection (Northern Ireland) Order 1987 (NI 20);
(l) the Consumer Protection Act 1987 (c. 43);
(m) the Control of Misleading Advertisements Regulations 1988 (SI 1988/915);
(n) the Water Act 1989 (c. 15), the Water Industry Act 1991 (c. 56) and any of the other consolidation Acts (within the meaning of section 206 of the Water Industry Act 1991);
(o) the Electricity Act 1989 (c. 29);
(p) Part IV of the Airports (Northern Ireland) Order 1994 (NI 1);
(q) the Water (Northern Ireland) Order 1999 (NI 6);
(r) the Competition Act 1998 (c. 41);
(s) the Financial Services and Markets Act 2000 (c. 8);
(t) the Utilities Act 2000 (c. 27);
(u) the Enterprise Act 2002 (c. 00).
(7) The Department may by order modify subsection (3), (4), (5) or (6).
(8) Nothing in subsection (1) is to be construed either as limiting the matters which may be¾
(a) published under Article 45 of the Electricity Order or section 5, 16, 17, 19, 23 or 25;
(b) made public by the Authority as part of a notice under section 24; or
(c) included in, or made public as part of, a report of the Authority, the Council or the Competition Commission under any provision of this Act, Part II of the Electricity Order or Part II of the Gas Order,
or as applying to information which has been so published or has been made public as part of such a notice or such a report.
(9) A person who discloses any information in contravention of this section is guilty of an offence and liable¾
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(10) Information obtained by the Authority in the exercise of functions which are exercisable concurrently with the Office of Fair Trading under Part I of the Competition Act 1998 (c. 41) is subject to Part 9 of the Enterprise Act 2002 (information) and not to subsections (1) to (9) of this section.
Supplementary
Amendments, transitional and transitory provisions and repeals
61. Schedule 3 (amendments), Schedule 4 (transitional and transitory provisions and savings) and Schedule 5 (repeals) have effect.
Commencement
62. The preceding provisions of this Act (except sections 56 and 57) shall come into operation on such day or days as the Department may by order appoint.
Regulations, orders and directions
63.¾ (1) Regulations under this Act and orders under section 54, 56(1) or 60(7) shall be subject to negative resolution.
(2) No order shall be made under section 36, 37, 42(9), 49(1) or 53(1) unless a draft of the order has been laid before and approved by resolution of the Assembly.
(3) Regulations and orders made by the Department under this Act may contain such incidental, supplementary or transitional provisions and such savings as appear to the Department to be necessary or expedient.
(4) Article 64 of the Electricity Order (powers to make regulations) applies to regulations under this Act as if they were made under Part II of that Order.
(5) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.
(6) Any direction given under this Act shall be in writing.
Interpretation
64.¾ (1) In this Act¾
"authorised supplier"¾
(a) in relation to electricity, means a person authorised by a licence or exemption to supply electricity;
(b) in relation to gas, means a person authorised by a licence or exemption to supply gas;
"the Authority" means the Northern Ireland Authority for Energy Regulation;
"consumers" includes both existing consumers and future consumers;
"the Council" means the General Consumer Council for Northern Ireland;
"the Department" means the Department of Enterprise, Trade and Investment;
"electricity licence" means a licence under Article 10 of the Electricity Order;
"the Electricity Order" means the Electricity (Northern Ireland) Order 1992 (NI 1);
"gas licence" means a licence under Article 8 of the Gas Order;
"the Gas Order" means the Gas (Northern Ireland) Order 1996 (NI 2);
"licence holder" means the holder of an electricity licence or a gas licence;
"Northern Ireland" has the same meaning as in the Northern Ireland Act 1998 (c. 47).
(2) Expressions used in this Act, as regards matters relating to electricity, which are defined in Article 2 or 3 of the Electricity Order or used in Part II of that Order have the same meaning as in that Part of that Order.
(3) Expressions used in this Act, as regards matters relating to gas, which are defined in Article 2 or 3 of the Gas Order or used in Part II of that Order have the same meaning as in that Part of that Order.
Power to make transitional, consequential and saving provisions
65.¾ (1) The Department may by regulations make such transitional and consequential provisions and such savings as it considers necessary or expedient in preparation for, or in connection with, or in consequence of¾
(a) the coming into operation of any provision of this Act; or
(b) the operation of any statutory provision repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in operation.
(2) Such regulations may make modifications of any statutory provision (including a provision in this Act).
Short title
66. This Act may be cited as the Energy Act (Northern Ireland) 2002.
Schedules
Schedule 1
The Northern Ireland Authority for Energy Regulation
Membership
1.¾ (1) The Authority shall consist of a chairman, and no fewer than two other members, appointed by the Department.
(2) The Department shall consult the chairman before appointing any other member.
Terms of appointment, remuneration, pensions, etc.
2.¾ (1) Subject to this Schedule, the chairman and other members shall hold and vacate office as such in accordance with the terms of their respective appointments.
(2) The terms of appointment of the chairman and other members shall be determined by the Department.
3.¾ (1) An appointment of a person to hold office as chairman or other member shall be for a term not exceeding five years.
(2) A person holding office as chairman or other member¾
(a) may resign that office by giving notice in writing to the Department; and
(b) may be removed from office by the Department on the ground of incapacity or misbehaviour.
(3) A previous appointment as chairman or other member does not affect a person's eligibility for appointment to either office.
4.¾ (1) The Authority shall pay to the chairman and other members such remuneration, and such travelling and other allowances, as may be determined by the Department.
(2) The Authority shall, if required to do so by the Department¾
(a) pay such pension, allowances or gratuities as may be determined by the Department to or in respect of a person who is or has been the chairman or a member of the Authority; or
(b) make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.
(3) If, where any person ceases to hold office as chairman or other member, the Department determines that there are special circumstances which make it right that he should receive compensation, the Authority shall pay to him a sum by way of compensation of such amount as may be determined by the Department.
Staff
5. The Authority may, with the approval of the Department of Finance and Personnel as to numbers and terms and conditions of service, appoint such staff as it may determine.
Committees
6.¾ (1) The Authority may establish committees and any committee of the Authority may establish sub-committees.
(2) The members of a committee of the Authority may include persons who are not members of the Authority (and the members of a sub-committee may include persons who are not members of the committee).
Proceedings, etc.
7.¾ (1) The Authority may regulate its own procedure (including quorum).
(2) The Authority shall consult the Department before making or revising its procedures for dealing with conflicts of interest.
(3) The validity of anything done by the Authority is not affected by a vacancy among its members or by a defect in the appointment of a member.
8.¾ (1) The application of the seal of the Authority shall be authenticated by the signature of the chairman or by some other person who has been authorised by the Authority to act for that purpose.
(2) A document purporting to be duly executed under the seal of the Authority, or signed on its behalf, shall be received in evidence and, unless the contrary is proved, be taken to be so executed or signed.
Performance of functions
9.¾ (1) Anything authorised or required to be done by the Authority may be done by¾
(a) any member or employee of the Authority who is authorised for that purpose by the Authority, whether generally or specially;
(b) any committee of the Authority which has been so authorised.
(2) Sub-paragraph (1) does not apply to any power to make a statutory instrument (within the meaning of section 1(e) of the Interpretation Act (Northern Ireland) 1954 (c. 33).
(3) In sub-paragraph (1)(b) "committee of the Authority" does not include a committee whose members include any person who is not a member or employee of the Authority.
Rule-making authority
10. In the Statutory Rules (Northern Ireland) Order 1979 (NI 12) in Schedule 1 (authorities which are rule-making authorities) in the Part headed "Other authorities" there shall be inserted (at the appropriate place) the following entry¾
"The Northern Ireland Authority for Energy Regulation.".
Supplementary powers
11.¾ (1) The Authority has power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.
(2) That power includes the formation of advisory bodies.
Assembly disqualification
12. In the Northern Ireland Assembly Disqualification Act 1975 (c. 25), in Part II of Schedule 1 (bodies of which all members are disqualified) there shall be inserted at the appropriate place the following entry¾
"The Northern Ireland Authority for Energy Regulation.".
Assembly Ombudsman
13. In the Ombudsman (Northern Ireland) Order 1996, in Schedule 2 (departments and other authorities subject to investigation) there shall be inserted at the appropriate place the following entry¾
"The Northern Ireland Authority for Energy Regulation.".
Schedule 2
Orders altering licensable activities
Introductory
1.¾ (1) In this Schedule references to an order are to an order under section 36 or 37.
(2) An order providing for activities to become licensable activities may only be made on the application of the Authority made in accordance with paragraph 2.
(3) An order providing for activities to cease to be licensable activities may be made either¾
(a) on the application of the Authority made in accordance with paragraph 5; or
(b) following consultation by the Department in accordance with paragraph 6.
Application by Authority for order including new activities
2.¾ (1) If the Authority proposes to make an application for an order providing for activities to become licensable activities, it shall give notice¾
(a) stating that it proposes to make an application for an order providing for the activities to become licensable activities;
(b) setting out any conditions which it would expect to be included in such licences; and
(c) specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,
and shall consider any representations or objections which are duly made and not withdrawn.
(2) In the case of an order under section 37, the notice shall also set out the conditions which the Authority would expect such an order to determine to be standard conditions for the purposes of licences authorising the undertaking of the activities.
(3) The notice shall be given by serving a copy on the Council and by publishing it in such manner as the Authority considers appropriate for bringing it to the attention of¾
(a) persons appearing to it to be carrying on, or be intending to carry on, the activities; and
(b) any other persons appearing to it to be likely to be affected by an order providing for the activities to become licensable activities.
(4) If an objection has been duly made (and not withdrawn) by a person who is carrying on or intends to carry on the activities, the Authority shall make a reference to the Competition Commission under paragraph 3 before making the application.
(5) In any other case where the Authority considers it appropriate to make a reference to the Commission under paragraph 3 before making the application, the Authority may make such a reference.
(6) If a reference is made to the Commission, the application shall not be made unless the Commission has reported on the reference that the fact that the activities to which the application relates are not licensable activities operates, or may be expected to operate, against the public interest.
(7) The application shall set out¾
(a) the activities which the Authority considers should become licensable activities; and
(b) the conditions which the Authority would expect to be included in such licences.
(8) In the case of an application for an order under section 37 the application shall also set out the conditions which the Authority would expect to be determined to be standard conditions for the purposes of licences authorising the undertaking of the activities in question.
References to Competition Commission
3.¾ (1) A reference to the Competition Commission under this paragraph shall require the Commission to investigate and report on whether the fact that the activities specified in the reference are not licensable activities operates, or may be expected to operate, against the public interest.
(2) The Authority may, at any time, by notice given to the Commission vary the reference by adding to the activities specified in the reference or by excluding from the reference some of the activities so specified; and on receipt of such notice the Commission shall give effect to the variation.
(3) The Authority shall specify in the reference, or a variation of the reference, for the purpose of assisting the Commission in carrying out the investigation on the reference¾
(a) the conditions which the Authority would expect to be included in licences authorising the undertaking of the activities specified in the reference and (in the case of a reference in relation to an application for an order under section 37) the conditions which the Authority would expect to be determined to be standard conditions for the purposes of any other licences; and
(b) any effects adverse to the public interest which, in its opinion, the fact that the activities so specified are not licensable activities has or may be expected to have.
(4) As soon as practicable after making the reference, or a variation of the reference, the Authority shall serve a copy of it on the Council and publish particulars of it in such manner as the Authority considers appropriate for bringing it to the attention of¾
(a) persons appearing to the Authority to be carrying on, or be intending to carry on, the activities specified in it; and
(b) any other persons appearing to the Authority to be likely to be affected by it.
(5) The Authority shall, for the purpose of assisting the Commission in carrying out the investigation on the reference, give to the Commission¾
(a) any information which is in its possession and which relates to matters falling within the scope of the investigation, and which is either requested by the Commission for that purpose or is information which in its opinion it would be appropriate for that purpose to give to the Commission without any such request; and
(b) any other assistance which the Commission may require, and which it is within its power to give, in relation to any such matters,
and the Commission shall take account of the information for the purpose of carrying out the investigation.
(6) In determining for the purposes of this paragraph whether the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, the Commission shall have regard¾
(a) in the case of a reference in relation to an application for an order under section 36 to the matters referred to in section 10;
(b) in the case of a reference in relation to an application for an order under section 37 to the matters referred to in section 12.
(7) The provisions mentioned in sub-paragraph (8) are to apply in relation to references under this paragraph as if¾
(a) the functions of the Commission in relation to those references were functions under the Fair Trading Act 1973;
(b) the expression "merger reference" included a reference under this paragraph;
(c) in section 70 of the Fair Trading Act 1973¾
(i) references to the Secretary of State were references to the Authority; and
(ii) the reference to three months were a reference to six months.
(8) The provisions are¾
(a) sections 70 (time limit for report on merger), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the Fair Trading Act 1973;
(b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Commission's general functions); and
(c) section 24 of the Competition Act 1980 (modification of provisions about performance of such functions).
Reports on references
4.¾ (1) In making a report on a reference under paragraph 3, the Competition Commission shall include in the report definite conclusions on whether the fact that the activities specified in the reference (or the reference as varied) are not licensable activities operates, or may be expected to operate, against the public interest.
(2) The Commission shall also include in the report such an account of its reasons for those conclusions as in its opinion is expedient for facilitating proper understanding of the questions raised by the reference and of its conclusions.
(3) Where the Commission concludes that the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, it shall specify in the report¾
(a) the effects adverse to the public interest which that fact has or may be expected to have; and
(b) any modifications to the conditions specified in the reference in accordance with paragraph 3(3)(a) which it considers appropriate.
(4) Section 82 of the Fair Trading Act 1973 (general provisions as to reports) shall apply in relation to reports of the Commission on references under paragraph 3 as it applies to reports of the Commission under that Act.
(5) A report of the Commission on a reference under paragraph 3 shall be made to the Authority.
(6) On receiving the report, the Authority shall send a copy of it to the Department.
(7) Subject to sub-paragraph (8), the Authority shall, not less than 14 days after the copy is received by the Department, send another copy to the Council and publish that other copy in such manner as the Authority considers appropriate for bringing the report to the attention of persons likely to be affected by it.
(8) If it appears to the Department that the publication of any matter in the report would be against the public interest or the commercial interests of any person, it may, before the end of the period of 14 days mentioned in sub-paragraph (7), direct the Authority to exclude that matter from the copy of the report to be sent to the Council and published under that sub-paragraph.
Application by Authority for order excluding activities
5.¾ (1) Before making an application for an order providing for activities to cease to be licensable activities the Authority shall give notice¾
(a) stating that it proposes to make an application for an order providing for the activities to cease to be licensable activities; and
(b) specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,
and shall consider any representations or objections duly made and not withdrawn.
(2) The notice shall be given¾
(a) by serving a copy on the Department and the Council; and
(b) by publishing it in such manner as the Authority considers appropriate for bringing it to the attention of persons likely to be affected by such an order.
(3) An application under this paragraph shall set out¾
(a) the activities which the Authority considers should cease to be licensable activities; and
(b) the Authority's reasons for proposing that the order be made.
Consultation by Department about order excluding activities
6.¾ (1) If the Department proposes to make an order providing for activities to cease to be licensable activities (otherwise than on an application by the Authority under paragraph 5), it shall give notice¾
(a) stating that it proposes to make an order providing for the activities to cease to be licensable activities; and
(b) specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,
and shall consider any representations or objections duly made (and not withdrawn).
(2) The notice shall be given¾
(a) by serving a copy on the Authority and the Council; and
(b) by publishing it in such manner as the Department considers appropriate for bringing it to the attention of persons likely to be affected by such an order.
Schedule 3
Amendments
The Electricity (Northern Ireland) Order 1992 (NI 1)
1. In Article 3, in the definition of "authorised area", omit the words "(b) or" and "transmit or" and for the definition of "transmit" substitute¾
""transmission", in relation to electricity, means transmission by means of a transmission system;
"transmission licence" means a licence under Article 10(1)(b);
"transmission system" means a system which¾
(a) consists (wholly or mainly) of high voltage lines and electrical plant; and
(b) is used for conveying electricity from a generating station to a substation, from one generating station to another or from one substation to another;".
2. In Article 10(7)(a) for the words from "whose authorised area" to the end substitute "whose interests may be affected by the grant of the licence".
3.¾ (1) In Article 11(1)(a) for "Articles 4 and 6" substitute "section 10 of the Energy Act (Northern Ireland) 2002".
(2) In Article 11(2)(a) for "of his" substitute "owned, leased or operated by him".
4. In Article 11A(2) in sub-paragraph (a) omit the words "(b) or" and for sub-paragraph (b) substitute¾
"(b) in the case of a transmission licence, require the holder to take such steps as the grantor, having regard to the sphere of activity authorised by the licence, considers to be requisite or expedient to ensure that¾
(i) the requirements for systems access laid down by Article 17 or 18 of the Directive are complied with; and
(ii) Articles 7.2 to 7.6, 8.1 and 8.2 and 9 of the Directive are complied with.".
5. In Article 12 for paragraphs (2) to (4) substitute¾
"(2) It shall be the duty of the holder of a transmission licence, so far as reasonably practicable within the sphere of activity authorised by the licence, to¾
(a) develop and maintain an efficient, co-ordinated and economical system of electricity transmission, and
(b) facilitate competition in the supply and generation of electricity.".
6.¾ (1) In Article 13, in paragraph (1)(a) for the words from "a person" to "electricity" substitute "the holder of a transmission licence".
(2) In Article 13(4) omit the words "(b) or".
(3) After Article 13(4) insert¾
"(4A) A transmission licence may provide that, where the area in which the licence holder is authorised to participate in the conveyance of gas is reduced, Schedule 4 shall have effect in relation to the licence holder as if any reference to the activities which he is authorised by his licence to carry on included a reference to the activities which he was previously so authorised to carry on.".
7.¾ (1) In Article 15(1)(a)(i) for "generation, transmission or supply of electricity in pursuance of a" substitute "carrying on of activities authorised or regulated by a particular".
(2) In Article 15(6) after "this Article" insert "or in carrying out functions under Article 17A", after "the investigation" insert "or the carrying out of those functions" and after "such investigation" insert "or such functions".
(3) In Article 15(7) for "Articles 4 and 6" substitute "section 10 of the Energy Act (Northern Ireland) 2002".
8. In Article 32(2)(c) for "transmit" substitute "participate in the transmission of".
9. In Article 33(2)(a) and (3)(b) for "transmit or supply" substitute "supply or participate in the transmission of".
10. In Article 35(1) for "each holder" substitute "any holder".
11. In Article 38 for paragraphs (1) to (3) substitute¾
"(1) The Department may give a direction requiring the holder of a transmission licence to give to the Department, after consultation with specified persons, any information or advice which the Department may reasonably require for purposes connected with the exercise of its functions under Article 37.
(2) The Department may give a direction requiring the holder of a transmission licence to carry out the activities authorised or regulated by the licence (or any of them), at any time when a direction under Article 37(4) is in force, either in a specified manner or with a view to achieving specified objectives.
(3) In paragraphs (1) and (2) "specified" means specified by or under the Department's direction; and a person subject to a direction under paragraph (2) shall give effect to it notwithstanding any other duty imposed on him by or under this Part.".
12. In Article 42(5)(b) for "consumer committee or any sub-committee of that committee" substitute "General Consumer Council".
13. In Article 45B(2)(a) for "consumer committee" substitute "General Consumer Council".
14. In Article 52(2) for paragraph (d) and the word "and" immediately before it substitute¾
"(d) every final or provisional order under section 39 of the Energy Act (Northern Ireland) 2002 relating to a licence holder, every confirmation of a provisional order so relating, every revocation of a final or provisional order so relating and every notice under subsection (7) of that section so relating; and
(e) every penalty imposed under section 42 of the Energy Act (Northern Ireland) 2002 on a licence holder and every notice under section 42(6) of that Act relating to such a penalty.".
15. In Article 62 ¾
(a) in paragraph (1), for "any person who is authorised by a licence to transmit electricity" substitute "the holder of a transmission licence"; and
(b) in paragraph (2), for "transmit or supply" substitute "supply or participate in the transmission of".
16. In Article 63 in paragraph (1) for the words "provision of this Part or of any regulations made under this Part" substitute "relevant provision" and after that paragraph insert¾
"(1A) In paragraph (1) "relevant provision" means¾
(a) any provision of this Part or of any regulations made under this Part; and
(b) any provision of the Energy Act (Northern Ireland) 2002 or of any regulations made under that Act.".
17. In Article 66(1) for "Article 28" substitute "Part V of the Energy Act (Northern Ireland) 2002".
The Gas (Northern Ireland) Order 1996 (NI 2)
18. In Article 8(2)(a) omit the words "(a) or".
19.¾ (1) In Article 9(1) for "Article 5" substitute "section 12 of the Energy Act (Northern Ireland) 2002".
(2) In Article 9(7), in sub-paragraph (a) for "longer" substitute "other" and for sub-paragraph (b) substitute¾
"(b) so as to modify the activities which are designated activities for the purposes of this Article, either by adding to those activities or by removing some of them;".
20. In Article 10 in paragraphs (1)(a) and (3)(e) for "Article 5" substitute "section 12 of the Energy Act (Northern Ireland) 2002" and in paragraph (2)(a) for "of his" substitute "owned, leased or operated by him".
21. In Article 11(2) after "18(2)" insert "and to section 57(5) of the Energy Act (Northern Ireland) 2002".
22. In Article 12(1)(a) for "an authorised area" substitute "the area within which it authorises participation in the conveyance of gas".
23. In Article 14 after paragraph (6) insert¾
"(6A) The modification under paragraph (1)(a) of part of a standard condition of a licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.".
24.¾ (1) In Article 15(1)(a)(i) and (2)(a)(i) for "required" substitute "regulated".
(2) In Article 15(7) after "this Article" insert "or in carrying out functions under Article 17A", after "the investigation" insert "or the carrying out of those functions" and after "such investigation" insert "or such functions".
(3) In Article 15(8) for "Article 5" substitute "section 12 of the Energy Act (Northern Ireland) 2002".
(4) In Article 15(10) for "and 17" substitute ", 17 or 17A".
25. In Article 17 after paragraph (5) insert¾
"(5A) The modification under paragraph (1) of part of a standard condition of a particular licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.".
26.¾ (1) In Article 18 after paragraph (1) insert¾
"(1A) The modification under paragraph (1)(i) of part of a standard condition of a particular licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.".
(2) In Article 18(3)(a) and (b) for "required" substitute "regulated".
27.¾ (1) In Article 29(2) for paragraph (d) and the word "and" immediately before it substitute¾
"(d) every final or provisional order under section 39 of the Energy Act (Northern Ireland) 2002 relating to a licence holder, every confirmation of a provisional order so relating, every revocation of a final or provisional order so relating and every notice under subsection (7) of that section so relating; and
(e) every penalty imposed under section 42 of the Energy Act (Northern Ireland) 2002 on a licence holder and every notice under section 42(6) of that Act relating to such a penalty.".
(2) In Article 29(3) for the words from "the matters specified" to the end substitute "any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body".
28. In Article 30(2) for "Article 5" substitute "section 12 of the Energy Act (Northern Ireland) 2002".
29.¾ (1) In Article 36 for paragraph (1) substitute¾
"(1) If in the case of any pipe-line it appears to the Authority, on the application of any person, that the pipe-line can and should be modified-
(a) by installing in it a junction through which another pipe-line may be connected to it; or
(b) by modifying apparatus and works associated with a high pressure pipe-line so as to increase the capacity of the pipe-line,
then, subject to paragraph (3), the Authority may, after giving a relevant licence holder an opportunity of being heard about the matter, give directions to that licence holder in accordance with paragraph (2) in consequence of the application.
(1A) In this Article "relevant licence holder", in relation to a pipe-line, means a person holding a licence under Article 8(1)(a) authorising him to participate in the conveyance of gas by means of that pipe-line.".
(2) In Article 36(2) for "operator" (wherever occurring) substitute "relevant licence holder".
30. In Article 45(1) and (2) for "convey" substitute "participate in the conveyance of ".
31. In Article 46 in paragraph (1) for the words "provision of this Part or of any regulations made under this Part" substitute "relevant provision" and after that paragraph insert¾
"(1A) In paragraph (1) "relevant provision" means¾
(a) any provision of this Part or of any regulations made under this Part; and
(b) any provision of the Energy Act (Northern Ireland) 2002 or of any regulations made under that Act.".
32. In Article 48(1) for "Article 19" substitute "Part V of the Energy Act (Northern Ireland) 2002".
33. In Schedule 5, renumber paragraph 1 as sub-paragraph (1) of that paragraph and after that sub-paragraph insert¾
"(2) For the purposes of this Schedule a relevant licence holder shall be taken to convey gas if he participates in its conveyance.".
Schedule 4
Transitional and transitory provisions and savings
Abolition of Consumer Committee for Electricity
1.¾ (1) The Consumer Committee for Electricity shall provide the Council with such information or assistance and such documents or records as the Council may require for the purposes of its functions under this Act.
(2) Any statutory provision or any document which¾
(a) refers to the Consumer Committee for Electricity; and
(b) was passed or made before the coming into operation of section 7(3)(b),
shall have effect after that time, so far as necessary for the purposes of or in consequence of this Act, as if references to the Committee were references to the Council.
First financial year of Authority
2.¾ (1) If the period beginning with the day on which the Authority is established and ending with the next 31st March is 6 months or more, the first financial year of the Authority is that period.
(2) Otherwise the first financial year of the Authority is the period beginning with the day on which the Authority is established and ending with the second following 31st March.
First forward work programmes of Authority and Council
3.¾ (1) The Authority's first work programme required by section 3(1) shall relate to the financial year following its first financial year.
(2) The Council's first work programme required by section 8(1) shall relate to the same financial year as the Authority's first work programme.
Last annual reports of the Directors
4.¾ (1) After the abolition of the offices of Director General of Gas for Northern Ireland and Director General of Electricity Supply for Northern Ireland, any duty of either Director to make an annual report, in relation to any calendar year for which such a report has not been made, shall be carried out by the Authority.
(2) The period between the abolition of those offices and the end of the preceding calendar year (if less than 12 months) shall be treated as the calendar year for which the last annual reports are required.
(3) If that period is nine months or more, the Authority shall make the last annual reports as soon as practicable after the end of that period.
(4) If that period is less than nine months, the last annual reports shall be made no later than the first report of the Authority under section 4(1).
(5) In this paragraph "annual reports" means reports required by Article 53(1) of the Electricity Order and Article 32(1) of the Gas Order.
Investigations being carried out under the Electricity Order
5.¾ (1) This paragraph applies to any matter¾
(a) being investigated by the Director General of Electricity Supply for Northern Ireland or the consumer committee under Article 48 of the Electricity Order (investigation of enforcement matters) immediately before the repeal by this Act of that Article,
(b) being investigated by the consumer committee under Article 49 of that Order (investigation of certain other matters) immediately before the repeal by this Act of that Article.
(2) If the matter being investigated is a matter which appears to the Council to be a matter which is or amounts to a complaint to which section 20 applies, the Council shall treat the matter as if it were a complaint referred to it under that section.
(3) In any other case the Authority shall either¾
(a) agree with the Council that the Council is to investigate the matter under section 21; or
(b) make such further investigations of the matter, and take such action, as it considers appropriate.
(4) Where the Council or the Authority is required by virtue of sub-paragraph (2) or (3) to investigate a matter, it may treat anything done by the Director General of Electricity Supply for Northern Ireland or the consumer committee in investigating that matter as if done for the purposes of its own investigation.
(5) The Director General of Electricity Supply for Northern Ireland shall give the Council such information or assistance as may be necessary to enable it to carry out its functions under this paragraph.
Investigations being carried out under the Gas Order
6.¾ (1) This paragraph applies to any matter¾
(a) being investigated by the Director General of Gas for Northern Ireland or the Council under Article 25 of the Gas Order (investigation of enforcement matters) immediately before the repeal by this Act of that Article,
(b) being investigated by the Council under Article 26 of that Order (investigation of certain other matters) immediately before the repeal by this Act of that Article.
(2) If the matter being investigated is a matter which appears to the Council to be a matter which is or amounts to a complaint to which section 20 applies, the Council shall treat the matter as if it were a complaint referred to it under that section.
(3) In any other case¾
(a) if the matter was being investigated by the Council, the Council shall investigate the matter under section 21;
(b) if the matter was being investigated by the Director General of Gas for Northern Ireland, the Authority shall either¾
(i) agree with the Council that the Council is to investigate the matter under section 21; or
(ii) make such further investigations of the matter, and take such action, as it considers appropriate.
(4) Where the Council or the Authority is required by virtue of sub-paragraph (2) or (3) to investigate a matter, it may treat anything done by the Director General of Gas for Northern Ireland in investigating that matter as if done for the purposes of its own investigation.
(5) The Director General of Gas for Northern Ireland shall give the Council such information or assistance as may be necessary to enable it to carry out its functions under this paragraph.
Modification of licences following Competition Commission report
7. Section 34 does not apply in relation to the modification of an electricity licence following a report of the Competition Commission made before the commencement of that section.
8. Section 35 does not apply in relation to the modification of a gas licence following a report of the Competition Commission made before the commencement of that section.
Enforcement
9.¾ (1) Sections 39 to 41 and 48 (and the related repeals in Schedule 5) do not have effect in relation to¾
(a) a provisional order which has been made before the commencement of those sections; or
(b) a final order in respect of which notice has been given under Article 29 of the Electricity Order or Article 20 of the Gas Order before the commencement of those sections.
(2) Subject to sub-paragraph (1), any notice served¾
(a) under Article 31(2) of the Electricity Order for the purposes of any of the functions of the Director General of Electricity Supply for Northern Ireland under Article 28 of that Order; or
(b) under Article 30(1) of the Gas Order,
shall have effect as if served by the Authority under section 48(2).
Financial penalties
10. The power of the Authority under section 42(1) or (2) is not exercisable in respect of any contravention or failure before the commencement of that section.
Consultation concerning common tariff
11. Any consultation undertaken by the Department or the Director General of Gas for Northern Ireland before the commencement of section 57 shall be as effective, for the purposes of subsection (3) of that section, as if undertaken in accordance with that subsection after that commencement.
Modification of existing licences
12.¾ (1) The Department after consultation with the Authority, or the Authority with the consent of the Department, may in accordance with this paragraph modify¾
(a) a gas licence or an electricity licence; or
(b) the standard conditions of licences under sub-paragraph (a), (b) or (c) of Article 8(1) of the Gas Order,
where the Department or (as the case may be) the Authority considers it necessary or expedient to do so in consequence of this Act.
(2) In particular the Department or the Authority may under sub-paragraph (1)(a) or (b) make modifications in consequence of, or of preparations for¾
(a) the establishment of the Authority;
(b) the conferral by this Act of functions on the Authority or the Council; or
(c) the abolition of any office or body mentioned in section 1(4) or 7(3).
(3) Where the Department or the Authority makes any modification under sub-paragraph (1)(a) or (b) it may make such incidental or consequential modifications to the licence or conditions as it considers necessary or expedient.
(4) Before making any modification under sub-paragraph (1) or (3) the Department or Authority shall consult the licence holder.
(5) Any consultation undertaken by the Director General of Gas for Northern Ireland or the Director General of Electricity Supply for Northern Ireland before the commencement of section 1(1) shall be as effective for the purposes of this paragraph as if undertaken by the Authority after that time.
(6) Any modification of part of a standard condition of a gas licence under paragraph (1)(a) shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part II of the Gas Order.
(7) Where at any time the Department or the Authority modifies under paragraph (1)(b) the standard conditions of licences under sub-paragraph (a), (b) or (c) of Article 8(1) of the Gas Order, it shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time.
(8) Where the Department or the Authority makes any modifications under this paragraph it shall publish those modifications in such manner as it considers appropriate.
(9) The powers of the Department and the Authority under sub-paragraphs (1) and (3) may not be exercised after the end of the period of two years beginning with the commencement of this paragraph.
References to Directors General
13.¾ (1) This paragraph applies to any provision of this Act which¾
(a) contains a reference to the Authority; but
(b) comes into operation before the commencement of section 2(2).
(2) Until that commencement any reference to the Authority shall be construed as a reference to the Director General of Electricity Supply for Northern Ireland or (as the context may require) the Director General of Gas for Northern Ireland.
References to Office of Fair Trading
14.¾ (1) This paragraph applies to any provision of this Act which¾
(a) contains a reference to the Office of Fair Trading; but
(b) comes into operation before the commencement of section 2(3) of the Enterprise Act 2002 (c. 00).
(2) Until that commencement any reference to the Office of Fair Trading shall be construed as a reference to the Director General of Fair Trading.
References to provisions of the Enterprise Act 2002
15. Until the commencement of Part 9 of the Enterprise Act 2002 the reference to that Part in section 60(10) shall be construed as a reference to sections 55 and 56 of the Competition Act 1998 (c. 41).
Schedule 5
Repeals
Short Title |
Extent of repeal |
|---|---|
The Northern Ireland Assembly Disqualification Act 1975 (c. 25). |
In Part III of Schedule 1, the entry relating to the Chairman of the Consumer Committee for Electricity. |
The General Consumer Council (Northern Ireland) Order 1984. |
In Schedule 1, paragraph 10(1)(d) and (5). |
The Electricity (Northern Ireland) Order 1992 (NI 1). |
In Article 2(2), the definition of "the Director". In Article 3, the definitions of "final order", "provisional order", "relevant condition" and "relevant requirement" and in the definition of "authorised area" the words "(b) or" and "transmit or". Articles 4 to 7. In Article 13(4), the words "(b) or". Articles 28 to 30. In Article 31(1), the words "28 or". Articles 35 and 36. Articles 48 and 49. Article 50(4). Article 51. Articles 53 to 57. Article 61. Schedule 1. Schedule 2. |
The Competition and Service (Northern Ireland) Order 1992 (NI 13). |
In Schedule 1, paragraph 1. |
The Airports (Northern Ireland) Order 1994 (NI 1). |
In Schedule 9, paragraph 14. |
The Gas (Northern Ireland) Order 1996 (NI 2). |
In Article 2(2), the definition of "the Director". Articles 4 and 5. In Article 8(2)(a), the words "(a) or". Articles 19 to 21. Articles 25 and 26. Article 27(4). Article 28. Article 30(1). In Article 30(4), (5) and (6), the words "(1) or". Articles 31 to 33. Article 34(1). Article 44. Schedule 1. In Schedule 6, the amendments to the Electricity (Northern Ireland) Order 1992. |
The Ombudsman (Northern Ireland) Order 1996 (NI 8). |
In Schedule 2, the entries relating to the Office of the Director General of Electricity Supply for Northern Ireland and the Office of the Director General of Gas for Northern Ireland. |
The Competition Act 1998 (c. 41). |
In Schedule 10, paragraphs 7(3), 8(3), 17(5), (7) and (8) and 18(5), (6) and (7).
|
The Water (Northern Ireland) Order 1999 (NI 6). |
In Schedule 7, the amendments to Article 61 of the Electricity (Northern Ireland) Order 1992 and the Gas (Northern Ireland) Order 1996. |
The Industrial Development Act (Northern Ireland) 2002 (c. 1). |
Section 6. |
The Energy Act (Northern Ireland) 2002 (c. ) |
Section 4(10). |