Electricity Regulation Act 1999


Number 23 of 1999


ELECTRICITY REGULATION ACT 1999

REVISED

Updated to 1 October 2018


This Revised Act is an administrative consolidation of the Electricity Regulation Act 1999. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, and all statutory instruments up to and including Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2018 (S.I. No. 403 of 2018), made 27 September 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 23 of 1999


ELECTRICITY REGULATION ACT 1999

REVISED

Updated to 1 October 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Electricity and Gas Regulation Acts 1999 to 2002 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Gas (Interim) (Regulation) Act 2002 (10/2002), s. 1(2)). The Acts in this group are:

Electricity Regulation Act 1999 (23/1999)

Gas (Amendment) Act 2000 (26/2000), ss. 12-16

Gas (Interim) (Regulation) 2002 (10/2002), other than ss. 11, 15 and s. 23(1), (2)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1982, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Data Protection Act 2018 (7/2018)

Energy Act 2016 (12/2016)

Petroleum (Exploration and Extraction) Safety Act 2015 (26/2015)

Freedom of Information Act 2014 (30/2014)

ESB (Electronic Communications Networks) Act 2014 (5/2014)

Water Services (No. 2) Act 2013 (50/2013)

Electricity Regulation (Carbon Revenue Levy) (Amendment) Act 2012 (15/2012)

Energy (Miscellaneous Provisions) Act 2012 (3/2012)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Electricity Regulation (Carbon Revenue Levy) (Amendment) Act 2010 (13/2010)

Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010)

Petroleum (Exploration and Extraction) Safety 2010 (4/2010)

Electricity Regulation (Amendment) (EirGrid) Act 2008 (11/2008)

Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007)

Energy (Miscellaneous Provisions) Act 2006 (40/2006)

Sustainable Energy Act 2002 (2/2002)

Gas (interim)(Regulation) Act 2002 (10/2002)

Electricity (Supply) (Amendment) Act 2001 (9/2001)

Gas (Amendment) Act 2000 (26/2000)

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2018 (S.I. No. 403 of 2018)

Electricity Regulation Act 1999 (Establishment of Appeal Panel) (Amendment) Order 2018 (S.I. No. 5 of 2018)

Electricity Regulation Act 1999 (Petroleum Safety) Levy Order 2017 (S.I. No. 585 of 2017)

Electricity Regulation Act 1999 (LPG Safety Licence) Levy Order 2017 (S.I. No. 584 of 2017)

Electricity Regulation Act 1999 (Electricity) Levy Order 2017 (S.I. No. 583 of 2017)

Electricity Regulation Act 1999 (Gas) Levy Order 2017 (S.I. No. 582 of 2017)

Electricity Regulation Act 1999 (Water) Levy Order 2017 (S.I. No. 581 of 2017)

Electricity Regulation Act 1999 (Establishment of Appeal Panel) Order 2017 (S.I. No. 495 of 2017)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2017 (S.I. No. 459 of 2017)

Electricity Regulation Act 1999 (Single Electricity Market) (No. 2) Regulations 2017 (S.I. No. 117 of 2017)

Electricity Regulation Act 1999 (Single Electricity Market) Regulations 2017 (S.I. No. 3 of 2017)

Electricity Regulation Act 1999 (LPG Safety Licence) Levy Order 2016 (S.I. No. 601 of 2016)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2016 (S.I. No. 600 of 2016)

Electricity Regulation Act 1999 (Water) Levy Order 2016 (S.I. No. 591 of 2016)

Electricity Regulation Act 1999 (Petroleum Safety) Levy Order 2016 (S.I. No. 590 of 2016)

Electricity Regulation Act 1999 (Gas) Levy Order 2016 (S.I. No. 589 of 2016)

Electricity Regulation Act 1999 (Electricity) Levy Order 2016 (S.I. No. 588 of 2016)

Electricity Regulation Act 1999 (LPG Safety Licence) Levy Order 2016 (S.I. No. 283 of 2016)

Petroleum Safety (Petroleum Incident) Regulations 2016 (S.I. No. 166 of 2016)

Petroleum Safety (Petroleum Incident) Regulations 2016 (S.I. No. 81 of 2016)

Electricity Regulation Act 1999 (Petroleum Safety) Levy Order 2015 (S.I. No. 570 of 2015)

Electricity Regulation Act 1999 (Electricity) Levy Order 2015 (S.I. No. 562 of 2015)

Electricity Regulation Act 1999 (Gas) Levy Order 2015 (S.I. No. 561 of 2015)

Electricity Regulation Act 1999 (Petroleum Safety) Levy Order 2014 (S.I. No. 560 of 2015)

Electricity Regulation Act 1999) (Water) Levy Order 2015 (S.I. No. 559 of 2015)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2015 (S.I. No. 556 of 2015)

European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2014 (S.I. No. 603 of 2014)

Electricity Regulation Act 1999 (Petroleum Safety) Levy Order 2014 (S.I. No. 558 of 2014)

Electricity Regulation Act 1999) (Water) Levy Order 2014 (S.I. No. 557 of 2014)

Electricity Regulation Act 1999 (Gas) Levy Order 2014 (S.I. No. 551 of 2014)

Electricity Regulation Act 1999 (Electricity) Levy Order 2014 (S.I. No. 550 of 2014)

European Union (Renewable Energy) Regulations 2014 (S.I. No. 483 of 2014)

European Union (Energy Efficiency) Regulations 2014 (S.I. No. 426 of 2014)

European Communities (Geological Storage of Carbon Dioxide) (Amendment) Regulations 2014 (S.I. No. 279 of 2014)

Electricity Regulation Act 1999 (Water) Levy Order 2014 (S.I. No. 101 of 2014)

Liquefied Petroleum Gas Safety (Liquefied Petroleum Gas Incident Reporting and Investigation) Regulations 2014 (S.I. No. 78 of 2014)

Liquefied Petroleum Gas Safety (Liquefied Petroleum Gas Incident) Regulations 2014 (S.I. No. 77 of 2014)

Petroleum Safety (Petroleum Incident) Regulations 2014 (S.I. No. 4 of 2014)

Electricity Regulation Act 1999 (Gas) Levy Order 2013 (S.I. No. 488 of 2013)

Electricity Regulation Act 1999 (Petroleum Safety) Levy Order 2013 (S.I. No. 479 of 2013)

Electricity Regulation Act 1999 (Electricity) Levy Order 2013 (S.I. No. 478 of 2013)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2013 (S.I. No. 421 of 2013)

Electricity Regulation Act 1999 (Restricted Electrical Works) Regulations 2013 (S.I. No. 264 of 2013)

Electricity Regulation Act 1999 (Petroleum Safety) Levy Order 2013 (S.I. No. 136 of 2013)

Petroleum Safety (Designation of Certain Classes of Petroleum Activity) Regulations 2013 (S.I. No. 89 of 2013)

Electricity Regulation Act 1999 and Gas (Interim) (Regulation) Act 2002 (Gas) Levy Order 2012 (S.I. No. 518 of 2012)

Electricity Regulation Act 1999 (Electricity) Levy Order 2012 (S.I. No. 517 of 2012)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2012 (S.I. No. 438 of 2012)

European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 646 of 2011)

Electricity Regulation Act 1999 and Gas (Interim) (Regulation) Act 2002 (Gas) Levy Order 2011 (S.I. No. 645 of 2011)

Electricity Regulation Act 1999 (Electricity) Levy Order 2011 (S.I. No. 630 of 2011)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2011 (S.I. No. 513 of 2011)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

European Communities (Internal Market in Electricity and Gas) (Consumer Protection) Regulations of 2011 (S.I. No. 463 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Electricity Regulation Act 1999 (Liquefied Petroleum Gas Works) Regulations 2011 (S.I. No. 299 of 2011)

European Communities (Renewable Energy) Regulations 2011 (S.I. No. 147 of 2011)

Electricity Regulation Act 1999 (Electricity) Levy Order 2010 (S.I. No. 600 of 2010)

Electricity Regulation Act 1999 and Gas (Interim) (Regulation) Act 2002 (Gas) Levy Order 2010 (S.I. No. 599 of 2010)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2010 (S.I. No. 532 of 2010)

Electricity Regulation (Amendment) (Carbon Revenue Levy) Act 2010 Regulations 2010 (S.I. No. 474 of 2010)

European Communities (Internal Market in Electricity) Regulations 2010 (S.I. No. 450 of 2010)

European Communities (Energy End-use Efficiency and Energy Services) Regulations 2009 (S.I. No. 542 of 2009)

Electricity Regulation Act 1999 and Gas (Interim) (Regulation) Act 2002 (Gas) Levy Order 2009 (S.I. No. 502 of 2009)

Electricity Regulation Act 1999 (Electricity) Levy Order 2009 (S.I. No. 501 of 2009)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2009 (S.I. No. 444 of 2009)

Electricity Regulation Act 1999 (Appointment of Person To Calculate Power To Heat Ratios of Combined Heat and Power Units) Order 2009 (S.I. No. 299 of 2009)

European Communities (Internal Market In Electricity) Regulations 2009 (S.I. No. 226 of 2009)

Electricity Regulation Act 1999 (Gas Works) Regulations 2009 (S.I. No. 225 of 2009)

Electricity Regulation Act 1999 and Gas (Interim) (Regulation) Act 2002 (Gas) Levy Order 2008 (S.I. No. 571 of 2008)

Electricity Regulation Act 1999 (Electricity) Levy Order 2008 (S.I. No. 563 of 2008)

Electricity Regulation Act 1999 (Section 14(1A)) Order 2008 (S.I. No. 384 of 2008)

Electricity Regulation Act 1999 (Section 16(3A)) Order 2008 (S.I. No. 383 of 2008)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2008 (S.I. No. 284 of 2008)

European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008 (S.I. No. 280 of 2008)

Electricity Regulation Act 1999 (Electricity) Levy Order 2007 (S.I. No. 823 of 2007)

Electricity Regulation Act 1999 and Gas (Interim) (Regulation) Act 2002 (Gas) Levy Order 2007 (S.I. No. 822 of 2007)

Electricity Regulation Act 1999 (Trading Arrangements in Electricity) (Revocation) Regulations 2007 (S.I. No. 723 of 2007)

European Communities (Conditions for Access to the Natural Gas Transmission Networks) Regulations 2007 (S.I. No. 691 of 2007)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2007 (S.I. No. 583 of 2007)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2007 (S.I. No. 582 of 2007)

Electricity Regulation Act 1999 (Single Electricity Market) Regulations 2007 (S.I. No. 406 of 2007)

Electricity Regulation Act 1999 (Electricity) Levy Order 2006 (S.I. No. 640 of 2006)

Electricity Regulation Act 1999 and Gas (Interim) (Regulation) Act 2002 (Gas) Levy Order 2006 (S.I. No. 631 of 2006)

European Communities (Internal Market in Electricity) Regulations 2006 (S.I. No. 524 of 2006)

Electricity Regulation Act 1999 (Market Arrangements for Electricity) (Revocation) Regulations 2006 (S.I. No. 78 of 2006)

Electricity Regulation Act 1999 (Electricity) Levy Order 2005 (S.I. No. 819 of 2005)

Electricity Regulation Act 1999 and Gas (Interim) (Regulation) Act 2002 (Gas) Levy Order 2005 (S.I. No. 818 of 2005)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2005 (S.I. No. 511 of 2005)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2005 (S.I. No. 380 of 2005)

European Communities (Internal Market in Natural Gas) Regulations 2005 (S.I. No. 320 of 2005)

European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005)

Electricity Regulation Act 1999 and Gas (Interim) (Regulation) Act 2002 (Gas) Levy Order 2004 (S.I. No. 834 of 2004)

Electricity Regulation Act 1999 (Electricity) Levy Order 2004 (S.I. No. 833 of 2004)

European Communities (Internal Market in Natural Gas) (No. 2) Regulations 2004 (S.I. No. 452 of 2004)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2004 (S.I. No. 174 of 2004)

Electricity Regulation Act 1999 (Gas) Levy Order 2003 (S.I. No. 693 of 2003)

Electricity Regulation Act 1999 (Electricity) Levy Order 2003 (S.I. No. 692 of 2003)

Electricity Regulation Act 1999 (Eligible Customer) (Consumption of Electricity) Order 2003 (S.I. No. 632 of 2003)

Electricity Regulation Act 1999 (Market Arrangements For Electricity) Regulations 2003 (S.I. No. 304 of 2003)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2002 (S.I. No. 614 of 2002)

Electricity Regulation Act 1999 (Electricity) Levy Order 2002 (S.I. No. 607 of 2002)

Electricity Regulation Act 1999 (Gas) Levy (No. 2) Order 2002 (S.I. No. 606 of 2002)

Electricity Regulation Act 1999 (Gas) Levy Order 2002 (S.I. No. 522 of 2002)

Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002)

Electricity Regulation Act 1999 (Public Service Obligations) Order 2002 (S.I. No. 217 of 2002)

Electricity Regulation Act 1999 (Eligible Customer) Order 2002 (S.I. No. 3 of 2002)

Electricity Regulation Act 1999 Levy Order 2001 (S.I. No. 580 of 2001)

Electricity Regulation Act 1999 (Schedule Paragraph 16) Levy Order 2000 (S.I. No. 447 of 2000)

European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000)

Electricity Regulation Act 1999 (Trading Arrangements in Electricity) Regulations 2000 (S.I. No. 49 of 2000)

Electricity Regulation Act 1999 (Schedule Paragraph 16) Levy Order 1999 (S.I. No. 436 of 1999)

Electricity Regulation Act 1999 (Schedule, Paragraph 16) Levy Order 1999 (S.I. No. 382 of 1999)

Electricity Regulation Act 1999 (Criteria For Determination of Authorisations) Order 1999 (S.I. No. 309 of 1999)

Electricity Regulation Act 1999 (Establishment Day) Order 1999 (S.I. No. 214 of 1999)

Electricity Regulation Act 1999 (Commencement) Order 1999 (S.I. No. 213 of 1999)

All statutory instruments up to and including Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2018 (S.I. No. 403 of 2018), made 27 September 2018, were considered in the preparation of this revision.


Number 23 of 1999


ELECTRICITY REGULATION ACT 1999

REVISED

Updated to 1 October 2018


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

2A.

Position of interconnectors as respects transmission system.

3.

Laying of orders, etc.

4.

Service of notices.

5.

Offences by bodies corporate.

6.

Prosecution of offences.

7.

Combined heat and power.

PART II

Establishment of Commission for Electricity Regulation

8.

Establishment of Commission.

8A.

Single Electricity Market Committee.

8B.

Commission and working arrangements as respects Single Electricity Market.

9.

Functions of Commission.

9A.

Approval of terms and conditions.

9B.

Functions of Commission regarding all island energy market.

9BA.

Functions of Commission relating to the Single Electricity Market.

9BB.

Restriction on disclosure of information.

9BC.

Principal objective and functions of Minister, the Commission and SEM Committee in carrying out their functions in relation to the Single Market.

9BD.

Performance of functions relating to the Single Market.

9C.

Functions of Commission relating to electrical safety.

9D.

Regulation of electrical contractors.

9E.

Designated electrical works.

9EA.

Electrical investigation officer.

9F.

Regulation of gas installers.

9G.

Gas Works.

9H.

Regulation relating to gas safety.

9I.

Gas emergency officers.

9J.

Gas safety officers.

9JA.

Improvement plan.

9JB.

Improvement notice.

9JC.

Prohibition notice.

9JD.

Restricting or prohibiting LPG or natural gas activities in emergencies.

9JE.

LPG safety licences.

9JF.

Fees relating to applications for LPG safety licences.

9JG.

Regulations (LPG Incidents).

9K.

Extension of gas safety provisions to liquefied petroleum gas.

9L.

Energy efficiency tariffs.

9M.

Informative billing.

9N.

Functions of the Commission under Part IIA relating to petroleum safety.

10.

Directions to Commission.

10A.

Policy directions to Commission.

11.

Authorised officers.

12.

Search warrants.

13.

Prohibition on unauthorised disclosure of information.

PART IIA

Regulation of petroleum activities

13A.

Interpretation (Part IIA).

13B.

Safety obligations.

13C.

Application of Part IIA.

13D.

Designated petroleum activity.

13E.

Prohibition on carrying on designated petroleum activity without safety permit.

13F.

Conditions attaching to petroleum authorisations.

13G.

Object of Commission relating to petroleum safety.

13GA.

Competent authority.

13H.

Functions of Commission relating to petroleum safety.

13HA.

Emergency preparedness.

13I.

Safety framework.

13J.

Directions by Minister.

13K.

General duties of petroleum undertakings.

13KA.

Obligations on petroleum undertakings.

13KB.

Obligations on operators.

13KC.

Obligations on owners.

13L.

Safety case guidelines.

13M.

Safety case.

13MA.

Revised safety case - transitional arrangement.

13N.

Review and revision of safety case.

13O.

Duty to conform with safety case.

13OA.

Notifications.

13P.

Safety permit.

13Q.

Refusal or revocation of safety permit.

13R.

Fees relating to consideration of safety case.

13S.

Reportable petroleum incident.

13T.

Actions Commission may take following petroleum incident.

13U.

Reporting of petroleum incidents to Minister by Commission.

13V.

Regulations (Part IIA).

13W.

Petroleum safety officers.

13X.

Emergency direction.

13Y.

Improvement plan.

13Z.

Improvement notice.

13AA.

Prohibition notice.

13AB.

Circumstances in which application may be made to court for immediate suspension of petroleum activities.

13AC.

Access to safety case information.

13AD.

Contraventions in licensed area.

PART III

Licences and Authorisations

14.

Licences to generate and supply electricity.

14A.

Transitional power to modify licence conditions concerning Single Electricity Market.

15.

Permits under section 37 of Principal Act.

16.

Authorisations to construct or reconstruct a generating station.

16A.

Construction of an interconnector.

17.

Application for authorisation.

18.

Orders specifying criteria for considering applications for authorisations.

19.

Modification of licence or authorisation.

20.

Procedures to be followed before modifying licences or authorisations.

21.

Public hearings of Commission.

22.

Determination by Commission following public hearing.

23.

Directions by Commission to protect public health, etc.

24.

Issue of notice by Commission concerning contraventions, etc.

25.

Determination by Commission of specified breach.

26.

Compliance with direction or determination.

27.

Eligible customers. (repealed)

28.

Purchase of electricity from combined heat and power. (repealed)

PART IV

Appeal Panels

29.

Establishment of Appeal Panel.

30.

Functions of Appeal Panel.

31.

Orders for establishment of Appeal Panels and related matters.

32.

Review of determination of Commission.

PART V

Access to Transmission and Distribution Systems

33.

Preparation of grid code and distribution code.

34.

Terms for connection to and use of transmission or distribution system.

34A.

Terms of access to interconnector.

34B.

Arrangements and agreements relating to transmission system and All-Island Transmission Networks.

35.

Charges for connection to and use of transmission or distribution system.

36.

Approval by Commission of statement of charges.

36A.

Charges of Market Operator.

36B.

Approval by Commission of statement of charges of market operator.

37.

Direct lines.

38.

Estimate of capacity, forecast flows and loading.

PART VI

Public Service Obligations and Transitional Arrangements

39.

Public service obligations.

40.

Transitional arrangements.

PART VIA

Emergency measures in event of a crisis

40A.

Emergency measures.

PART VIB

Carbon revenue levy

40B.

Interpretation.

40C.

Application of Part VIB to certain electricity generators.

40D.

Carbon revenue Levy.

40E.

Calculation of amount of carbon revenue levy.

40F.

Percentage rate.

40G.

Returns to Commission.

40H.

Notice of amount of carbon revenue levy.

40I.

Payment of carbon revenue levy.

40J.

Condition of licences granted under section 14(1)(a).

40K.

Interest on unpaid amount of carbon revenue levy.

40L.

Recovery of unpaid carbon revenue levy and interest.

40M.

Proceeds of carbon revenue levy.

PART VII

Consequential Repeals and Amendments

41.

Repeals.

42.

Amendment of section 35 of Principal Act.

43.

Amendment of section 45 of Principal Act.

44.

Amendment of section 77 of Principal Act.

45.

Amendment of section 98 of Principal Act.

46.

Amendment of Freedom of Information Act, 1997.

PART VIII

Miscellaneous

47.

Compulsory acquisition of land by Commission, etc.

48.

Construction of sections 51 and 52(1) of Principal Act.

49.

Construction of section 53 of Principal Act.

50.

Construction of section 54 of Principal Act.

51.

Construction of section 91 of Principal Act.

52.

Application of certain regulations.

53.

Amendment of section 2(2) of Electricity (Supply) (Amendment) Act, 1949.

54.

Repeal of section 2(3), (4) and (6) of Electricity (Supply) (Amendment) Act, 1949.

PART IX

Power To Carry out investigations and impose administrative sanction

55.

Definitions (Part IX and Schedule 4).

56.

Appointment of inspectors.

57.

Investigation.

58.

Power of inspectors.

59.

Actions to be taken by inspector upon completion of investigation.

60.

Actions to be taken by Commission on receipt of investigation report.

61.

Confirmation of High Court required before decision to impose sanction takes effect.

62.

Appeal to High Court against decision to impose major sanction.

63.

Application to High Court to confirm decision to impose major sanction.

64.

Provisions supplemental to decisions of High Court.

65.

Matters to be considered in determining sanction to be imposed.

66.

Powers of Commission.

SCHEDULE 1

The Commission for Electricity Regulation

SCHEDULE 1A

Single electricity market

SCHEDULE 2

Categorisation of accounts

SCHEDULE 3

Combined heat and power

SCHEDULE 4

provisions applicable to oral hearings conducted pursuant to section 58 or 60


Acts Referred to

Acquisition of Land (Assessment of Compensation) Act, 1919

1919, c. 20

Companies Acts, 1963 to 1990

Courts Act, 1981

1981, No. 11

Electricity (Supply) Act, 1927

1927, No. 27

Electricity (Supply) Acts, 1927 to 1995

Electricity (Supply) (Amendment) Act, 1949

1949, No. 12

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict., c. 93


Number 23 of 1999


ELECTRICITY REGULATION ACT 1999

REVISED

Updated to 1 October 2018


AN ACT TO ENABLE EFFECT TO BE GIVEN TO DIRECTIVE NO. 96/92/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 19 DECEMBER 1996 (1), TO ESTABLISH A BODY KNOWN AS AN COIMISIÚN UM RIALÁIL LEICTREACHAIS OR IN THE ENGLISH LANGUAGE THE COMMISSION FOR ELECTRICITY REGULATION, TO GIVE POWER TO THAT COMMISSION TO GRANT LICENCES TO GENERATE AND SUPPLY ELECTRICITY AND TO GRANT AUTHORISATIONS TO CONSTRUCT GENERATING STATIONS, TO PROVIDE FOR ACCESS TO THE TRANSMISSION OR DISTRIBUTION SYSTEM BY HOLDERS OF LICENCES, HOLDERS OF AUTHORISATIONS OR BY ELIGIBLE CUSTOMERS, TO AMEND AND REPEAL CERTAIN PROVISIONS OF THE ELECTRICITY (SUPPLY) ACT, 1927 AND TO PROVIDE FOR RELATED MATTERS. [11 th July, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Electricity and Gas Regulation Acts 1999 to 2002 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

Electricity and Gas Regulations Acts 1999 to 2002

...

C2

Functions transferred and “Minister for” and “Department of Public Enterprise” construed (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), arts. 3 and 4, subject to transitional provisions in arts. 5-9.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.

(2) References to the Department of Public Enterprise contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine and Natural Resources.

4. (1) The functions vested in the Minister for Public Enterprise -

(a) by or under any of the enactments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

(b) under the Regulations mentioned in Part 2 of that Schedule, and

(c) in relation to the Geological Survey of Ireland, are transferred to the Minister for the Marine and Natural Resources.

(2) References to the Minister for Public Enterprise contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Resources.

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SCHEDULE

PART 1.

Enactments and provisions of enactments, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.

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Electricity and Gas Regulation Acts 1999 to 2002

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