Electricity (Supply) Act 1927
Provisions consequential on reduction of an area of supply.
44.—Whenever the Board, by an alteration made under this Act of the area of supply of an authorised undertaker, reduces such area (whether the Board does or does not at the same or any other time in other respects extend such area) the following provisions shall have effect, that is to say:—
(a) all wires, transformers, poles, and other fixed machinery and apparatus for the transmission or distribution of electricity which at the date of the coming into operation of the order effecting the alteration of the area of supply are the property of such authorised undertaker and situate in the area (hereinafter called the severed area) taken from such area of supply by such order and all meters, stoves, lamps, wires, connections, and other electrical apparatus which on the said date are the property of such authorised undertaker and are hired to or fixed on the premises of consumers in the severed area shall on the said date vest in and become the property of the Board,
(b) the Board shall within three months after the said date pay to such authorised undertaker the fair value as of the said date of all property of such authorised undertaker which under the foregoing paragraph becomes the property of the Board, such value, in default of agreement, to be fixed by an arbitrator appointed by the Minister,
(c) if the Board becomes itself the authorised undertaker in the severed area, the Board may utilise all such property as aforesaid in such way as it thinks proper,
(d) if some person other than the Board becomes within three months after the said date the authorised undertaker in the severed area, such person shall purchase all such property as aforesaid from the Board for the fair value thereof on the said date and such value shall, so far as not fixed already by an arbitrator under this Act, be fixed, in default of agreement, by an arbitrator appointed by the Minister,
(e) the defrayal of expenses necessarily and properly incurred by such authorised undertaker in providing for the maintenance of the supply of electricity in the part of his area of supply which remains after the severance therefrom of the severed area shall be a purpose for which such authorised undertaker may borrow under this Act.
Annotations
Modifications (not altering text):
C43
References to "transmission system of the Board" construed by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 25(1)(d), (e) as inserted (3.12.2022) by European Union (internal Market in Electricity) (No. 5) Regulations 2022 (S.I. No. 619 of 2022), reg. 3(d)(iii).
Grid code and distribution code.
25. (1) For the purposes of Part V of the Act of 1999—
(a) any existing duty, obligation or requirement on the Board in respect of the transmission system [owned by the Board] which relates to functions conferred on the transmission system operator by or under these Regulations shall be regarded as a duty, obligation or requirement on the transmission system operator, and not on the Board.
(b) any existing duty, obligation or requirement on the Board in relation to the operation of the distribution system which is transferred to the distribution system operator by or under these Regulations shall be regarded as a duty, obligation or requirement on the distribution system operator, licensed under section 14(1)(g) of the Act of 1999, [...]
(c) any existing duty, obligation or requirement on the Board in relation to the ownership of the transmission system which is transferred to the transmission system owner by or under these Regulations shall be regarded as a duty, obligation or requirement on the transmission system owner, licensed under section 14(1)(f) of the Act of 1999, and Part V of the Act of 1999 shall be construed accordingly.
[(d) any duty, obligation or requirement of the Board in relation to ownership of the transmission system shall be treated as a duty, obligation or requirement of the transmission system operator, licenced under section 14(1)(e) of the Act of 1999, insofar as it relates to the transmission system owned by the transmission system operator, and
(e) any reference to the transmission system of the Board shall, with the necessary modification, be construed as a reference to the transmission system of the transmission system operator,]
and Part V of the Act of 1999 shall be construed accordingly.
...
C44
Certain functions of Board regarded as functions of Distribution System Operator (1.01.2009) by European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008 (S.I. No. 280 of 2008), reg. 24(b), in effect as per regs. 1(3), 8(1) and notice in Iris Oifigiúil no. 105 of 2008 published 30.12.2008.
Certain functions of the Board to be regarded as functions of the Distribution System Operator
24. Any function of the Board under— ...
(b) section 19, 20, 27, 28, 44, 47, 51, 58, 59, 62, 84 or 100 of the Electricity (Supply) Act 1927 (No. 27 of 1927),
...
which is necessary for the discharge of the Distribution System Operator’s functions under the Act of 1999 or the European Communities (Internal Market in Electricity) Regulations 2000 to 2007 shall, to that extent, be regarded as a function of the Distribution System Operator and not of the Board, other than where it is also necessary for the Board to discharge its functions as Distribution System Owner in which case that function shall be a function of both the Board and the Distribution System Operator.
C45
Certain functions of Board regarded as functions of transmission system operator (20.06.2001) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), in effect as per regs. 1(2)(b), 3 and notice in Iris Oifigiúil no. 50 of 2001 published 22.06.2001.
Functions of transmission system operator.
8. ...
(2) Any function of the Board under— ...
(b) section 19, 20, 27, 28, 44, 47, 51, 58, 59, 62, 84 or 100 of the Electricity (Supply) Act 1927
...
which is necessary for the discharge of the transmission system operator's functions under these Regulations shall, to that extent, be regarded as a function of the transmission system operator and not of the Board, other than where it is also necessary for the Board to discharge its functions as transmission system owner in which case that function shall be a function of both the Board and the transmission system operator.