Electricity Regulation Act 1999


Number 23 of 1999


ELECTRICITY REGULATION ACT 1999

REVISED

Updated to 13 March 2020


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 the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (1/2020), enacted 20 March 2020, and all statutory instruments up to and including the European Union (Internal Market in Natural Gas) Regulations 2020 (S.I. No. 83 of 2020), made 13 March 2020, 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 13 March 2020


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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1972, 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 Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (1/2020), enacted 20 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Internal Market in Natural Gas) Regulations 2020 (S.I. No. 83 of 2020)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2020 (S.I. No. 56 of 2020)

Electricity Regulation Act 1999 (Petroleum Safety) Levy Order 2019 (S.I. No. 623 of 2019)

Electricity Regulation Act 1999 (Electricity) Levy Order 2019 (S.I. No. 622 of 2019)

Electricity Regulation Act 1999 (Gas) Levy Order 2019 (S.I. No. 621 of 2019)

Electricity Regulation Act 1999 (LPG Safety Licence) Levy Order 2019 (S.I. No. 620 of 2019)

Electricity Regulation Act 1999 (Water) Levy Order 2019 (S.I. No. 619 of 2019)

Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2019 (S.I. No. 497 of 2019)

Electricity Regulation Act 1999 (Electricity) Levy Order 2018 (S.I. No. 528 of 2018)

Electricity Regulation Act 1999 (LPG Safety Licence) Levy Order 2018 (S.I. No. 517 of 2018)

Electricity Regulation Act 1999 (Water) Levy Order 2018 (S.I. No. 516 of 2018)

Electricity Regulation Act 1999 (Petroleum Safety) Levy Order 2018 (S.I. No. 515 of 2018)

Electricity Regulation Act 1999 (Gas) Levy Order 2018 (S.I. No. 514 of 2018)

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 European Union (Internal Market in Natural Gas) Regulations 2020 (S.I. No. 83 of 2020), made 13 March 2020, were considered in the preparation of this revision.


Number 23 of 1999


ELECTRICITY REGULATION ACT 1999

REVISED

Updated to 13 March 2020


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.

14B.

Supplementary power to modify licence conditions.

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 13 March 2020


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.

...

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.

...

Electricity and Gas Regulation Acts 1999 to 2002

...

PART I

Preliminary And General

Short title and commencement.

1

1.—(1) This Act may be cited as the Electricity Regulation Act, 1999.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Annotations:

Editorial Notes:

E1

Power pursuant to subs. (2) exercised (14.07.1999) by Electricity Regulation Act, 1999 (Commencement) Order 1999 (S.I. No. 213 of 1999).

2. The 14th day of July, 1999, is hereby appointed as the day on which the Electricity Regulation Act, 1999 (No. 23 of 1999), shall come into operation.

Interpretation.

2

2.—(1) In this Act, except where the context otherwise requires—

F1 [ Agency means the agency set up under the Regulation (EC) 713/2009 of the European Parliament and of the Council; ]

“authorisation” means an authorisation granted under section 16 ;

“authorised officer” means a person appointed under section 11 to be an authorised officer;

F2 [ Authority means Northern Ireland Authority for Utility Regulation; ]

“Board” means the Electricity Supply Board;

F3 [ combined heat and power means the simultaneous generation in one process of

( a ) thermal energy and electrical energy,

( b ) thermal energy and mechanical energy, or

( c ) thermal, electrical and mechanical energy; ]

F4 [ Commission means the Commission for Energy Regulation; ]

F5 [ the Department means the Department of Enterprise, Trade and Investment in Northern Ireland; ]

“direct line”, in relation to electricity, means an electric line which is used or is to be used to carry electricity for the purpose of supply and the construction of which line is permitted under section 37 ;

“distribution”, in relation to electricity, means the transport of electricity by means of a distribution system, that is to say, a system which consists of electric lines, electric plant, transformers and switchgear and which is used for conveying electricity to final customers;

“distribution code” means a code in respect of all technical aspects relating to connection to and operation of the distribution system prepared by F6 [ the distribution system operator ] under section 33 ;

F7 [ distribution system operator means the holder of a licence under section 14(1)(g) ; ]

F8 [ economically justifiable demand means the demand that does not exceed the needs for heat or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration; ]

F9 [ electricity derivative means a financial instrument referred to in point 5, 6 or 7 of Section C of Annex I to Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 7 , where that instrument relates to electricity; ]

F1 [ Electricity Market Directive means Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 1 ; ]

F1 [ Electricity Market Regulation means Regulation (EC) 714/2009 of the European Parliament and of the Council of 13 July 2009; ]

F8 [ electricity production from combined heat and power means electricity produced from combined heat and power calculated in accordance with section 7 ; ]

F10 [ electricity supply contract means a contract for the supply of electricity, but does not include an electricity derivative; ]

“electricity undertaking” means any person engaged in generation, transmission, distribution or supply of electricity, including any holder of a licence or authorisation under this Act, or any person who has been granted a permit under section 37 of the Principal Act;

F11 [ electric line has the meaning assigned to it by section 4(1) of the ESB (Electronic Communications Networks) Act 2014; ]

“electric plant” means any plant, apparatus or appliance used for, or for purposes connected with, the generation, transmission, distribution or supply of electricity, other than—

(a) an electric line,

(b) a meter used for ascertaining the quantity of electricity supplied to any premises, or

(c) an electrical appliance under the control of a consumer;

F12 [ energy undertaking means an electricity undertaking or a natural gas undertaking; ]

“establishment day” means the day appointed under section 8 ;

“final customer” means a person being supplied with electricity at a single premises for consumption on those premises;

“forecast statement” has the meaning assigned to it by section 38 ;

“functions” includes powers and duties;

F13 [ gas installer means LPG installer or natural gas installer, as the case may be; ]

“generate”, in relation to electricity, means to produce electricity;

“generating station” means a station for the generation of electricity;

“grid code” means a code in respect of all technical aspects relating to connection to and operation of the transmission system prepared by F14 [ the transmission system operator ] under section 33 ;

F8 [ high efficiency combined heat and power means combined heat and power production which on an annual basis

( a ) in the case of small scale combined heat and power and micro-combined heat and power, achieves primary energy savings calculated in accordance with paragraphs 3 and 4 of Schedule 3 , and

( b ) in the case of all other combined heat and power, achieves primary energy savings calculated in accordance with paragraphs 3 and 4 of Schedule 3 of at least 10 per cent compared with the references for separate production of heat and electricity; ]

F2 [ Internal Market Regulations means the European Communities (Internal Market in Electricity) Regulations 2000 and 2005; ]

“licence” means a licence issued under section 14 ;

F1 [ linepack means the storage of gas by compression in gas transmission and distribution systems, but not including facilities reserved for transmission system operators carrying out their functions; ]

F13 [ LPG means liquefied petroleum gas; ]

F13 [ LPG fitting means any non-portable appliance, apparatus or other thing including associated pipework and flueing which is used or designed to be used by

( a ) a domestic customer, or

F13 [ ( b ) such class or classes of industrial or commercial customer as the Commission may specify from time to time, in connection with the consumption or use of LPG; ]

in connection with the consumption or use of LPG; ]

F15 [ LPG incident means an event or occurrence of a class prescribed by regulations made by the Commission under section 9JG;

LPG safety licence means a licence granted under section 9JE;

LPG undertaking means any person who imports LPG or purchases LPG directly from a refinery within the State and makes LPG available to individual domestic or commercial final customers by way of LPG cylinder, bulk tank or via a piped LPG distribution network; ]

F5 [ the Memorandum of Understanding means the Memorandum of Understanding relating to the establishment and operation of a single competitive wholesale electricity market in the State and in Northern Ireland entered into between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland signed on behalf of the Government of Ireland on 5 December 2006 and on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland on 6 December 2006; ]

F8 [ micro-combined heat and power unit means a combined heat and power unit with a maximum capacity of less than 50 kWe; ]

F16 [ Minister means Minister for Communications, Energy and Natural Resources; ]

F1 [ natural gas exchange means a virtual trading location for the purchase and sale of natural gas; ]

F17 [ natural gas fitting means any appliance, apparatus or other thing including associated pipework and flueing which is used or designed to be used by

( a ) a domestic customer, or

( b ) such class or classes of industrial or commercial customer as the Commission may specify from time to time,

in connection with the consumption or use of natural gas whether the appliance, apparatus or thing is the property of a natural gas undertaking or otherwise; ]

F18 [ natural gas infrastructure means any pipeline, facility, structure or installation which is or has been established, maintained or operated, for the purpose of the supply, storage, transmission, distribution and use of natural gas under a natural gas licence; ]

F19 [ Natural Gas Market Directive means Directive 2009/73/EC of the European Parliament and Council of 13 July 2009 2 as amended by Directive (EU) 2019/692 of the European Parliament and of the Council of 17 April 2019 1 ; ]

F1 [ Natural Gas Market Regulation means Regulation (EC) 715/2009 of the European Parliament and of the Council of 13 July 2009; ]

F12 [ natural gas undertaking means a person engaged in the transmission, distribution, supply or storage of natural gas, including any holder of a licence or a consent under this Act, or any person who has been granted a licence or given a consent under the Gas Acts, 1976 to 2002 , ]

F20 [ petroleum undertaking has the meaning given to it by section 13A(1) ; ]

F21 [ piped LPG distribution network means a pipeline system connected to a central storage bulk tank or LPG cylinder but not including a bulk tank or LPG cylinder as the case may be, and includes pipework above and below ground and all other equipment necessary upstream of the point of delivery and downstream of the emergency control valve, supplying gas to two or more customers; ]

“prescribe” means to prescribe by regulations made by the Minister or the Commission under this Act and cognate words shall be construed accordingly;

“Principal Act” means the Electricity (Supply) Act, 1927;

F5 [ public electricity supplier means the holder of a licence under section 14(1) ( h ); ]

“record” means any book, document or any other written or printed material in any form including any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form;

“renewable, sustainable or alternative forms of energy” means energy used in the production of electricity which uses as its primary source one or a combination of more than one of the following—

( a) wind,

( b) hydro,

( c) biomass,

( d) waste, including waste heat,

( e) biofuel,

( f) geothermal,

( g) fuel cells,

( h) tidal,

( i) solar,

( j) wave;

F5 [ the SEM Committee means the committee referred to in Section 8A ; ]

F5 [ SEM matter shall be construed in accordance with section 8A(5) ; ]

F22 [ the Single Electricity Market means the arrangements in the State and Northern Ireland

(a) initially described in the Memorandum of Understanding,

(b) designed to promote the establishment and operation of a single competitive wholesale electricity market in the State and Northern Ireland, and

(c) which allow for the efficient application of the European Union rules for cross-border trade in electricity contained within or adopted pursuant to the Electricity Market Regulation as amended from time to time and as supplemented by

(i) network codes established under Article 6 of that Regulation, and

(ii) guidelines adopted under Article 18 of that Regulation; ]

F5 [ Single Electricity Market operator means the holder of a licence under section 14(1) ( j ) or a person exempted from the requirement to hold such a licence; ]

“single premises” means one or more buildings or structures, occupied and used by a person, where each building or structure is adjacent to, or contiguous with, the other building or structure;

F8 [ small scale combined heat and power means combined heat and power units with an installed capacity greater than 50 kWe and less than 1 MWe; ]

“supply”, in relation to electricity, means supply through electric lines to final customers for consumption;

“transmission”, F23 [ subject to section 2A , ] in relation to electricity, means the transport of electricity by means of a transmission system, that is to say, a system which consists, wholly or mainly, of high voltage lines and electric plant and which is used for conveying electricity from a generating station to a substation, from one generating station to another, from one substation to another or to or from any interconnector or to final customers but shall not include any such lines which the Board may, from time to time, with the approval of the Commission, specify as being part of the distribution system but shall include any interconnector owned by the Board.

F7 [ transmission system operator means the holder of a licence under section 14(1)(e) ; ]

F8 [ useful heat means heat produced in a cogeneration process to satisfy an economically justifiable demand for heat or cooling; ]

F24 [ wholesale customer means a natural or legal person purchasing electricity for the purpose of resale inside or outside the system where he or she is established. ]

F5 [ (1A) ( a ) Notwithstanding the definition of Department in subsection (1) where the electricity functions of the Department of Enterprise, Trade and Investment in Northern Ireland are, under the law for the time being in force in Northern Ireland, exercisable by any other Department, Ministry or authority, references to the Department in this Act shall be construed as references to such other Department, Ministry or authority, as the case may be.

( b ) Notwithstanding the definition of Authority in subsection (1) where the electricity functions of the Authority are, under the law for the time being in force in Northern Ireland, exercisable by any other authority, Department, Ministry, person or statutory body, references to the Authority in this Act shall be construed as references to such other authority, Department, Ministry, person or statutory body, as the case may be.

( c ) In this subsection electricity functions has the same meaning as it has in Article 9 of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007. ]

(2) In this Act—

( a) a reference to a section or Schedule is a reference to a section of or Schedule to this Act unless it is indicated that a reference to some other enactment is intended,

( b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

( c) a reference to the performance of functions includes with respect to powers and duties, a reference to the exercise of powers and the carrying out of duties.

(3) A reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act.

(4) The Minister may from time to time by order amend the definition of renewable, sustainable or alternative sources of energy by the addition of further renewable, sustainable or alternative sources of energy.

Annotations:

Amendments:

F1

Inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(1).

F2

Substituted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 3(a), S.I. No. 287 of 2007.

F3

Substituted (29.07.2009) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 6(a)(i), S.I. No. 298 of 2009.

F4

Substituted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 22(1)(a)(i), commenced on enactment.

F5

Substituted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 3(a), (b), S.I. No. 287 of 2007.

F6

Substituted (20.06.2001) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 25(4)(a), commenced as per reg. 1(2)(b) and notice in Iris Oifigiúil of 22 June 2001, No. 50 p. 822.

F7

Inserted (20.06.2001) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 25(4)(b), (d), commenced as per reg. 1(2)(b) and notice in Iris Oifigiúil of 22 June 2001, No. 50 p. 822.

F8

Inserted (29.07.2009) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 6(a)(ii), S.I. No. 298 of 2009.

F9

Inserted(19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (16 of 2015), reg. 26(1), S.I. No. 16 of 2015.

F10

Inserted (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 26(b).

F11

Substituted (19.06.2014) by ESB (Electronic Communications Networks) Act 2014 (5/2007), s. 4(3), S.I. No. 286 of 2014.

F12

Inserted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 22(1)(a)(ii), commenced on enactment.

F13

Inserted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 23, S.I. No. 42 of 2011.

F14

Substituted (20.06.2001) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 25(4)(c), commenced as per reg. 1(2)(b) and notice in Iris Oifigiúil of 22 June 2001, No. 50 p. 822.

F15

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(1)(a), S.I. No. 20 of 2013.

F16

Substituted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(1)(b), S.I. No. 20 of 2013.

F17

Inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 11, S.I. No. 68 of 2008.

F18

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(1)(b), S.I. No. 20 of 2013.

F19

Substituted (13.03.2020) by European Union (Internal Market in Natural Gas) Regulations 2020 (S.I. No. 83 of 2020), reg. 8.

F20

Inserted (18.12.2013) by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(a), S.I. No. 500 of 2013.

F21

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(1)(b), S.I. No. 20 of 2013.

F22

Substituted (1.10.2018) by Energy Act 2016 (12/2016), s. 8, S.I. No. 372 of 2018.

F23

Inserted (23.05.2007) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 8(1), S.I. No. 266 of 2007.

F24

Inserted (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 26(1)(d).

Modifications (not altering text):

C3

“Commission for Energy Regulation” construed (2.10.2017) by Energy Act 2017 (12/2016), s. 4, commenced (28.04.2017) by S.I. No. 171 of 2017, appointed day order made (2.10.2017) by Change of Name of Commission for Energy Regulation to Commission for Regulation of Utilities (Appointed Day) Order 2017 (S.I. No. 397 of 2017).

Change of name of Commission for Energy Regulation

4. The Commission for Energy Regulation (established by section 8 of the Act of 1999) shall, on and from such day as the Minister appoints by order, be known as the Commission for Regulation of Utilities or in the Irish language as An Coimisiún um Rialáil Fóntais and references in this Act or any other Act of the Oireachtas, any instrument made under this Act or any other Act of the Oireachtas, any legal proceedings and any document to the Commission for Energy Regulation shall from that day be read as references to the Commission for Regulation of Utilities.

C4

“Commission for Electricity Regulation” construed (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 5, commenced on enactment.

Commission for Energy Regulation

5.—The Commission for Electricity Regulation (established by section 8 of the Act of 1999) shall, on the appointed day, be known as the Commission for Energy Regulation or in the Irish language as An Coimisiún um Rialáil Fuinnimh and references in that Act, any other Act of the Oireachtas, any instrument made under any Act of the Oireachtas, any legal proceedings and any document to the Commission for Electricity Regulation shall from that day be construed as references to the Commission for Energy Regulation.

Editorial Notes:

E2

Previous affecting provision: definition of “Natural Gas Market Directive” inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(1); substituted as per F-note above.

E3

Previous affecting provision: definition of “single electricity market” substituted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 3(a), S.I. No. 287 of 2007; substituted as per F-note above.

1 OJ No. L 211, 14.08.2009, p. 94

2 OJ No. L211, 14.8.2009, p.94

7 OJ No. L 39, 28.04.2006, p. 2

F25 [ Position of interconnectors as respects transmission system.

2A

2A. (1) An interconnector owned by the Board shall be part of the transmission system.

(2) Subject to subsection (3) an interconnector owned by a person other than the Board shall not be part of the transmission system.

F26 [ (3) Notwithstanding subsection (2)

( a ) an interconnector owned by a person other than the Board

(i) shall, where subsection (4) applies, and

(ii) may, where the Commission determines that it is in the public interest,

be considered to be part of the transmission system for the purposes of calculating charges and imposing charges for use of the transmission system, and

( b ) an interconnector owned by the transmission system operator shall be regarded as part of the transmission system for the purposes of the functions of the transmission system operator.

(4) For the purpose of subsection (3)(a) , an interconnector constructed pursuant to section 16A shall be deemed to be in the public interest. ] ]

Annotations:

Amendments:

F25

Inserted (23.05.2007) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 8(2), S.I. No. 266 of 2007.

F26

Substituted and inserted (8.07.2008) by Electricity Regulation (Amendment) (EirGrid) Act 2008 (11/2008), s. 3, commenced on enactment.

Laying of orders, etc.

3

3.—Every order, other than orders under section 1(2) or section 27 (6) , or regulations made by the Minister, in the case of orders or regulations made by the Minister, or by the Commission, in the case of orders or regulations made by the Commission, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Service of notices.

4

F27 [ 4. (1) Any notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways:

(a) by addressing it to the person by name and delivering it to him or her;

(b) by leaving it at the address at which the person ordinarily resides or carries on any profession, business or occupation;

(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides or carries on any profession, business or occupation;

(d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address;

(e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the addressee concerned carries on any profession, business or occupation or, if an address for the service of a notice has been furnished by the energy undertaking concerned, that address, but only if

(i) the recipient s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or

(ii) the sender s facsimile machine generates a message confirming successful delivery of the total number of pages of the notice,

and it is also given in one of the other ways mentioned in any of the preceding paragraphs;

(f) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises.

(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to the occupier , the owner or the person in charge , as the case may be.

(3) For the purposes of this section, a company within the meaning of the Companies Acts or the Companies Act 2014 , shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) For the purpose of this section, an EEA company within the meaning of Part 21 of the Companies Act 2014 that establishes a branch in the State shall be deemed to be ordinarily resident at the address of the branch notified under section 1302 of that Act.

(5) A person shall not at any time during the period of 3 months after a notice is affixed under subsection (1)(f) remove, damage or deface the notice without lawful authority and a person who contravenes this subsection commits an offence.

(6) A person who commits an offence under subsection (5) is liable on summary conviction to a class A fine. ]

Annotations:

Amendments:

F27

Substituted (28.04.2017) by Energy Act 2017 (12/2016), s. 9, S.I. No. 171 of 2017.

Offences by bodies corporate

5

5.—(1) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

Prosecution of offences.

6

6.—(1) Summary proceedings for offences under this Act may be brought and prosecuted by the Commission.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within F28 [ 2 years ] from the date of the offence.

F29 [ (3) Proceedings for an offence under Part IIA of this Act committed in any part of

( a ) the licensed area (within the meaning of section 13A) to which subparagraph (i) or (ii) , or both, of paragraph ( a ) of the definition of licensed area relates, or

( b ) a designated area,

may be taken, and the offence may for all incidental purposes be treated, as having been committed in any place in the State. ]

F30 [ (4) Where a person is convicted of an offence in proceedings brought by the Commission the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Commission the costs and expenses, measured by the court, incurred by the Commission in relation to the investigation, detection and prosecution of the offence.

(5) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence in proceedings brought by the Commission, it shall, on the application of the Commission (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Commission. ]

Annotations:

Amendments:

F28

Substituted (28.04.2017) by Energy Act 2016 (12/2016), s. 10(a), S.I. No. 171 of 2017.

F29

Inserted (18.12.2013) by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(b), S.I. No. 500 of 2013.

F30

Inserted (28.04.2017) by Energy Act 2016 (12/2016), s.10(b), S.I. No. 171 of 2017.

7

F31 [ Combined heat and power.

7. (1) Electricity production from combined heat and power shall be calculated in accordance with paragraphs 1 and 2 of Schedule 3 .

(2) The Minister may by order appoint a person to calculate and certify the actual power to heat ratios of such classes of combined heat and power units as are specified in the order, and such person shall have such powers and duties as are specified in the order.

(3) A person appointed under subsection (2) shall calculate the actual power to heat ratios of combined heat and power units in accordance with this Act and the Directive.

F32 [ (4) The Minister may by order specify power-to-heat ratio default values for any technology or technologies which satisfy the definition of combined heat and power, provided that

( a ) in respect of the technologies referred to in paragraphs ( a ) to ( e ) of Part II of Annex I to the Directive, such default values shall be consistent with those specified in paragraph ( b ) of that Annex, and

( b ) in respect of technologies other than those referred to in paragraph ( a ) of this subsection, such default values shall be notified to the European Commission. ]

(5) The relative amount of primary energy savings provided by combined heat and power production shall be calculated in accordance with paragraphs 3 and 4 of Schedule 3 .

(6) F33 [ ]

(7) F33 [ ]

(8) The Minister may by order amend or revoke an order made under this section including an order made under this subsection.

(9) The provisions of this section and Schedule 3 apply to installations or generating stations whether first licensed before or after the coming into operation of section 6 of the Energy (Miscellaneous Provisions) Act 2006.

F34 [ (10) In this section Directive means Directive 2012/27/EU of the European Parliament and of the Council of 25 October 20121. ] ]

Annotations:

Amendments:

F31

Substituted (29.07.2009) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 6(b), S.I. No. 298 of 2009.

F32

Substituted (29.09.2014) by European Union (Energy Efficiency) Regulations 2014, (S.I. No. 426 of 2014), reg. 25(a).

F33

Repealed (29.09.2014) by European Union (Energy Efficiency) Regulations 2014 (S.I. No. 426 of 2014), reg. 25(b), commenced on enactment.

F34

Substituted (29.09.2014) by European Union (Energy Efficiency) Regulations 2014 (S.I. No. 426 of 2014), reg. 25(c).

Editorial Notes:

E4

Additional requirements on CER when calculating and certifying actual power to heat ratio of a combined heat and power generating station in accordance with section imposed (29.09.2014) by European Union (Energy Efficiency) Regulations 2014 (S.I. No. 426 of 2014), reg. 35(1).

E5

Previous affecting provision: additional requirements on CER when calculating and certifying actual power to heat ratio of a combined heat and power generating station in accordance with section imposed (11.12.2009) European Communities (High Efficiency Combined Heat and Power) Regulations 2009 (S.I. No. 499 of 2009), reg. 3; revoked (29.09.2014) by European Union (Energy Efficiency) Regulations 2014 (S.I. No. 426 of 2014), reg. 45(c).

E6

Previous affecting provision: power pursuant to subs. (2) exercised (30.07.2009) 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); revoked (29.09.2014) by European Union (Energy Efficiency) Regulations 2014 (S.I. No. 426 of 2014), reg. 45(b).

PART II

Establishment of Commission for Electricity Regulation

Establishment of Commission.

8

8.—(1) The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

(2) There shall stand established on the establishment day a body to be known in the Irish language as An Coimisiún um Rialáil Leictreachais or in the English language as the Commission for Electricity Regulation and in this Act referred to as the “Commission” to perform the functions conferred on it by this Act.

(3) F35 [ Schedule 1 ] shall apply to the Commission.

(4) The Commission shall be a body corporate with perpetual succession and a common seal and power to sue and be used in its corporate name and to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(5) The seal of the Commission shall be authenticated by the signature of the chairperson of the Commission, or by the signatures of any other member of the Commission and a member of the staff of the Commission authorised by the Commission to act in that behalf.

(6) Judicial notice shall be taken of the seal of the Commission and every document purporting to be an instrument made by and to be sealed with the seal of the Commission (purporting to be authenticated in accordance with this section) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

Annotations:

Amendments:

F35

Substituted (24.12.2006) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 10(1)(b), commencement on enactment.

Modifications (not altering text):

C5

“Commission for Energy Regulation” construed (2.10.2017) by Energy Act 2016 (12/2016), s. 4, commenced (28.04.2017) by S.I. No. 171 of 2017, day appointed (2.10.2017) by S.I. No. 397 of 2017.

Change of name of Commission for Energy Regulation

4. The Commission for Energy Regulation (established by section 8 of the Act of 1999) shall, on and from such day as the Minister appoints by order, be known as the Commission for Regulation of Utilities or in the Irish language as An Coimisiún um Rialáil Fóntais and references in this Act or any other Act of the Oireachtas, any instrument made under this Act or any other Act of the Oireachtas, any legal proceedings and any document to the Commission for Energy Regulation shall from that day be read as references to the Commission for Regulation of Utilities.

C6

“Commission for Electricity Regulation” construed (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 5, commenced on enactment.

Commission for Energy Regulation

5.—The Commission for Electricity Regulation (established by section 8 of the Act of 1999) shall, on the appointed day, be known as the Commission for Energy Regulation or in the Irish language as An Coimisiún um Rialáil Fuinnimh and references in that Act, any other Act of the Oireachtas, any instrument made under any Act of the Oireachtas, any legal proceedings and any document to the Commission for Electricity Regulation shall from that day be construed as references to the Commission for Energy Regulation.

Editorial Notes:

E7

Power pursuant to subs. (1) exercised (14.07.1999) Electricity Regulation Act, 1999 (Establishment Day) Order 1999 (S.I. No. 214 of 1999).

8A

F36 [ Single Electricity Market Committee.

8A. (1) There shall be a committee of the Commission to be known as the Single Electricity Market Committee or as the SEM Committee.

(2) The SEM Committee shall comprise such members as stand appointed to it from time to time.

(3) Schedule 1A applies to the SEM Committee.

(4) Any decision as to the exercise of a relevant function of the Commission in relation to a SEM matter shall be taken on behalf of the Commission by the SEM Committee.

(5) For the purposes of this Act a matter is a SEM matter if the SEM Committee determines that the exercise of a relevant function of the Commission in relation to that matter materially affects, or is likely materially to affect, the Single Electricity Market.

(6) For the purposes of this section relevant function means

( a ) a function under this Act relating to electricity,

( b ) a function under the Internal Market Regulations. ]

Annotations:

Amendments:

F36

Inserted (1.11.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 4, S.I. No. 731 of 2007.

8B

F37 [ Commission and working arrangements as respects Single Electricity Market.

8B. (1) The Commission shall publish a statement

( a ) setting out the procedures and working arrangements adopted by the Commission for ensuring compliance with section 8A(4) , and

( b ) describing how the Commission will work together with the Authority in the exercise of their respective statutory functions in relation to the Single Electricity Market.

(2) A statement under this section may be amended from time to time and the Commission shall as soon as practicable thereafter publish the statement as so amended. ]

Annotations:

Amendments:

F37

Inserted (1.11.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 5, S.I. No. 731 of 2007.

Functions of Commission.

9

9.—(1) The Commission shall have the following functions, namely—

( a) to publish, pursuant to a policy direction or directions of the Minister, which shall be made publicly available when given to the Commission, proposals for a system of contracts and other arrangements, including appropriate rights and obligations, for trading in electricity,

( b) to engage in a public consultation process on the procedures to be adopted by the Commission to implement the proposals drawn up under paragraph (a),

( c) to advise the Minister on the impact of electricity generation in relation to sustainability, and international agreements on the environment to which the State is or becomes a party,

( d) following the public consultation process referred to in paragraph (b) and taking account of matters raised in the public consultation process, to make regulations, subject to the consent of the Minister, establishing a system of trading in electricity, including the supervision and review of such a system by the Commission, F38 [ ]

F39 [ ( da ) to monitor the level and effectiveness of market opening and the development of competition in the supply of electricity and gas to final customers, which shall include but is not limited to monitoring

(i) final tariffs charged to domestic customers including those on prepayment systems,

(ii) rates of customer switching between licensed electricity and gas suppliers,

(iii) disconnection and de-energisation rates,

(iv) charges for, and the execution of, maintenance services,

(v) complaints by domestic customers,

(vi) any distortion or restriction of competition in the supply of electricity and gas to final customers,

(vii) whether the development and operation of competition in the supply of electricity and gas is benefitting final customers, and

(viii) the level of market opening and of competition on natural gas exchanges,

( db ) to take any actions which the Commission, on foot of the monitoring in paragraph (da) , has determined to be necessary in order to

(i) prevent a distortion or restriction of competition in the supply of electricity and gas to final customers, or

(ii) ensure that final customers are benefiting from competition in the supply of electricity and gas,

F40 [ ( dc ) where the Commission determines it to be necessary under paragraph (db) , to

(i) examine the charges and the costs underlying such charges for electricity which have been supplied by the Board,

(ii) examine any proposal by the Board to alter charges for the supply of electricity,

(iii) examine the charges and the costs underlying such charges for natural gas which have been supplied in accordance with the licence granted to Bord G á is Energy or its assignees,

(iv) examine any proposal by Bord G á is Energy or its assignees to alter charges for the supply of natural gas,

(v) issue directions or approvals to the Board or Bord G á is Energy or its assignees, in relation to either or both the nature or the amount of any charge or proposed charge for the supply of electricity or natural gas as relevant, to such class or classes of final customers as the Commission may specify, and

(vi) publish a notice on the Commission s website of any directions or approvals issued under subparagraph (v) stating the nature of the direction and the reasons for it, ] ]

F41 [ ( dd ) to advise the Minister or other relevant persons on and publish at least annually

(i) any relevant information arising from the monitoring in paragraph (da) ,

(ii) any determination made by the Commission under paragraph (db) , and

(iii) any action which the Commission has taken or intends to take under paragraphs (db) and (dc) and on the outcomes or intended outcomes of such actions,

( de ) to ensure such arrangements are in place, as the Commission deems appropriate, which have the effect of securing the extent to which each generating station, group of generating stations or all generating stations, owned by the Board, supplies electricity to or is supplied with electricity by, either or both, the public electricity supplier, suppliers and generators licensed under section 14(1) ,

( df ) to examine charges, and the costs underlying such charges, or any proposal to alter such charges, as the Commission deems appropriate, for electricity supplied from each generating station, group of generating stations or all generating stations, owned by the Board, to the public electricity supplier, suppliers and generators licensed under section 14(1) ,

( dg ) following an examination under paragraph (df) and where the Commission considers it necessary, to issue directions or approvals to the Board in relation to either or both the nature and the amount of any charge or proposed charge referred to in paragraph (df) ,

( dh ) F42 [ ]

( di ) F42 [ ] ]

F43 [ ( dj ) to publish recommendations, at least annually, in relation to compliance of supply prices with Article 3 of the Natural Gas Market Directive and Article 3 of the Electricity Market Directive,

( dk ) to monitor the implementation of rules relating to the roles and responsibilities of transmission system operators, distribution system operators, suppliers and customers and other market parties pursuant to the Electricity Market Regulation and the Natural Gas Market Regulation,

( dl ) to respect contractual freedom with regard to interruptible supply contracts as well as with regard to long-term contracts provided that they are compatible with European Union law and consistent with European Union policies,

( dm ) to monitor the occurrence of restrictive contractual practices, including exclusivity clauses which may prevent large non-household customers from contracting simultaneously with more than one supplier or restrict their choice to do so and, where appropriate, to inform the Competition Authority of such practices,

F44 [ ( dn ) where applicable, to monitor technical cooperation between electricity transmission system operators and third-country electricity transmission system operators, and

( do ) to review and approve, as appropriate, the criteria determined by the electricity transmission system operator to underpin the dispatch of generation installations and the use of interconnectors and such criteria shall

(i) be objective, published, applied in a non-discriminatory matter, and be without prejudice to the supply of electricity on the basis of existing contractual obligations ensuring the proper functioning of the internal market in electricity, and

(ii) take into account the economic precedence of electricity from available generation installations or interconnector transfers and the technical constraints on the system, ] ]

F45 [ ( e ) to advise the Minister on the development of the electricity and gas industries and on the exercise of the functions of the Minister under this F46 [ Act, ] ]

F47 [ ( ea ) to regulate the activities of natural gas undertakings, holders of LPG safety licences for the purposes of making LPG available via a piped LPG distribution network and natural gas installers, with respect to safety,

( eb ) to promote the safety of

(i) natural gas customers and the public generally as respects the supply, storage, transmission, distribution and use of natural gas (excluding such activities carried out at upstream pipelines or facilities except where such pipeline or facility is engaged in the storage of natural gas), and

(ii) LPG customers and the public generally as respects the supply and use of LPG, ]

F48 [ ( ec ) to consult with The National Standards Authority of Ireland regarding standards and specifications relating to F49 [ gas safety, ] ]

F50 [ ( ed ) to regulate the activities of LPG installers with respect to safety, ]

F51 [ ( f ) to contribute to the development of the internal market and to the development of compatible regulatory frameworks between regions of the European Union, by engaging, co-operating and consulting with other national regulatory authorities, the Agency and with the European Commission in regard to cross-border issues F52 [ , and in respect of infrastructure to and from a third country, to co-operate with the relevant authorities of the third country, after consulting the regulatory authorities of other Member States, aiming at, as regards such infrastructure, consistent application of the Natural Gas Market Directive in the territory of the European Union ] ,

( fa ) to share information, as necessary for the fulfilment of its functions, with other national regulatory authorities and the Agency,

F53 [ ( faa ) to ensure that any information obtained from another regulatory authority in regard to a cross-border issue under the Natural Gas Market Directive, the Natural Gas Market Regulation, the Electricity Market Directive or the Electricity Market Regulation is treated confidentially to the same extent that is required of the other regulatory authority, ]

( fb ) to co-operate with other regulatory authorities, at least at a regional level, to

(i) foster the creation of operational arrangements in order to enable optimal management of the electricity and gas networks,

(ii) promote joint electricity and gas exchanges and the allocation of cross-border capacity,

(iii) co-ordinate the development of network codes for electricity and gas transmission system operators and electricity and gas undertakings,

(iv) develop rules on access to cross border infrastructure including allocation of capacity and congestion management,

(v) foster operational arrangements to enable an adequate level of interconnection capacity within the region and between regions to allow the development of effective competition and improvement of security of supply,

(vi) foster non-discriminatory operational arrangements in regard to supply undertakings, and

(vii) contribute to safeguarding secure electricity and gas supplies on the internal market by co-operating with, and keeping other national regulatory authorities informed of any co-operation measure which the Commission takes pursuant to this section. Such cooperation shall cover situations resulting or likely to result in the short-term in a severe disruption of supply and shall include

(I) co-ordination of national emergency measures referred to in Article 8 of Directive 2004/67/EC of 26 April 2004 of the European Parliament and of the Council 5 ,

(II) identification and, where necessary, development or upgrading of electricity and natural gas interconnections, and

(III) conditions and practical procedures for mutual assistance,

F52 [ ( fbb ) to consult and co-operate with the relevant authorities of third countries in relation to the operation of gas infrastructure to and from third countries with a view to ensuring, as regards the infrastructure concerned, that the Natural Gas Market Directive is applied consistently in the territory and territorial seas of the State, ]

( fc ) to engage with transmission system operators in order to

(i) promote and facilitate co-operation between transmission system operators at a regional level on cross-border issues,

(ii) foster the consistency of legal, regulatory and technical frameworks,

(iii) facilitate the integration of isolated systems forming electricity and gas islands in the European Union, and

(iv) create competitive internal electricity and gas markets,

( fd ) to ensure that electricity and gas transmission system operators have one or more integrated systems at regional level covering 2 or more Member States for capacity allocation and for checking the security of the network, ]

F54 [ ( fe ) to request the opinion of the Agency on the compliance of a decision, taken by another regulatory authority on a cross border trade issue, with guidelines referred to in the Natural Gas Market Regulation, the Natural Gas Market Directive, the Electricity Market Regulation or the Electricity Market Directive,

( ff ) where it considers that a decision relevant for cross-border trade taken by another regulatory authority does not comply with the guidelines referred to in paragraph (fe) , to, if it considers it necessary, inform the European Commission within 2 months of the taking of the decision by that other regulatory authority,

( fg ) where, following a request to the Agency by another regulatory authority in regard to a decision made by the Commission on a cross-border trade issue, the European Commission has requested the Commission to withdraw its decision, to comply with any such decision within a period of 2 months and to inform the European Commission accordingly, ]

F55 [ ( g ) to grant, monitor the performance of, modify, revoke and enforce licences and authorisations pursuant to this Act,

( h ) to publish information and advice and settle disputes in accordance with the provisions of this Act,

( i ) to carry out the role assigned to it by section 39, F56 [ ]

F57 [ ( j ) to comply with and implement relevant legally binding decisions of the Agency and of the European Commission, ] ]

F58 [ ( k ) to collect and recover the carbon revenue levy (within the meaning of section 40D ) under F59 [ Part VIB , ] ]

F60 [ (ka) to act as the competent authority for the purposes of European Communities (Geological Storage of Carbon Dioxide) Regulations 2011 and 2014, ]

F61 [ (l) ensure compliance by electricity and gas undertakings, including transmission system operators, distribution system operators and system owners, with their obligations under the Natural Gas Market Directive, the Electricity Market Directive including as regards cross-border issues in accordance with their statutory functions,

F62 [ (m) to carry out investigations into the functioning of the electricity and gas markets,

( n ) to decide upon and impose effective and proportionate measures to promote effective competition,

( o ) to have regard to the benefits of developing demand-side participation in electricity markets, including  through energy efficiency, demand-response, distributed generation, energy storage and the use of digital technologies,

( p ) to have regard to the facilitation of consumers to provide, consume and trade electricity that they have generated,

( q ) to have regard to the need to provide for flexibility in the trading of electricity to facilitate trading close to real time in order to better integrate renewable electricity and provide accurate price signals to the market,

( r ) to have regard to the use of energy storage technologies in participating in the balancing of electricity demand and supply, and

( s ) to have regard to the need to ensure that grid connection policy takes account of renewable energy policy, including any such policy in relation to community energy projects. ] ]

F63 [ (1A) For the purposes of this Act, the functions of the Commission under the Electricity Market Directive and under the Natural Gas Market Directive and any regulations made under either, shall be deemed to be functions of the Commission under this Act. ]

F64 [ (1B) The Commission shall be responsible for ensuring non-discrimination, effective competition and the efficient functioning of the electricity and gas markets, by monitoring in particular

( a ) the rules on the management and allocation of interconnection capacity in conjunction with the regulatory authority or authorities of those Member States with which the interconnection exists,

( b ) mechanisms to deal with management of congestion capacity within the electricity and gas systems,

( c ) the time taken by transmission and distribution system operators to make connections and repairs,

( d ) the publication of appropriate information by transmission and distribution system operators concerning interconnectors, grid usage and capacity allocation to interested parties, taking into account the need to treat non-aggregated information as commercially confidential,

( e ) effective unbundling of accounts to ensure that there are no cross-subsidies between generation, transmission, distribution, storage, LNG and supply activities,

( f ) conditions of access to storage facilities, linepack and to other ancillary services in relation to gas,

( g ) the application by storage operators of the criteria relating to storage facilities that fall under Article 33 of the Natural Gas Market Directive,

( h ) the extent to which transmission and distribution system owners and operators fulfil their functions in accordance with statutory requirements,

( i ) the level of competition and transparency in respect of wholesale prices,

( j ) ensuring compliance of transmission and distribution system owners and operators with transparency obligations,

( k ) ensuring compliance by transmission system operators with recommendations of the Commission in regard to amendment or modification of investment plans of transmission system operators,

( l ) compliance with, and review of, past performance of network security and reliability rules, and

( m ) the terms, conditions and tariffs for connecting new producers of electricity to guarantee that these are objective, transparent and non-discriminatory, in particular taking full account of the costs and benefits of the various renewable energy sources technologies, distributed generation and combined heat and power. ]

F65 [ (1BA) F66 [ ] ]

F67 [ (1C) The Commission shall in its annual report, under paragraph 25(c) of the Schedule include details on the carrying out and fulfilment of its duties under Article 37 of the Electricity Market Directive, and Article 41 of the Natural Gas Market Directive and subsection (3) of section 9BA . ]

F68 [ (1D)( a ) Any dispute between a gas transmission, gas distribution, LNG or gas storage system operator and a person regarding

(i)(I) the matters specified in section 9(1B) , in relation to gas,

(II) the terms and conditions for the provision of balancing services or the methodologies used to calculate such terms and conditions,

(III) the terms and conditions, including tariffs or the methodologies used to calculate or establish such terms and conditions for connection and access to the national networks,

F69 [ ]

(ii) F69 [ ]

shall, upon the application of such person, be determined by the Commission, and the Commission shall issue a direction regarding its determination and the system operator shall comply with and be bound by any such determination.

( b ) The Commission shall issue a binding determination referred to in paragraph (a) within 2 months from the date of receipt of the complaint. This 2 month period may be extended by a further 2 months (and such further extension as may be consented to by the applicant) where the Commission seeks additional information in the matter.

( c ) This subsection does not apply to a dispute between a final customer and a system operator where the dispute concerns a refusal to offer to enter into a third party access agreement within the meaning of section 10A or 10B of the Gas Act 1976 . ]

F70 [ (1E) The Commission when carrying out its monitoring at paragraph (k) of subsection (1B) may make recommendations in its reporting obligations under section 9(1C) to amend or modify those investment plans to ensure consistency with the network development plan referred to in Article 8(3)(b) of the Electricity Market Regulation and Article 8(3)(b) of the Natural Gas Market Regulation. ]

F71 [ (1F) It shall be a function of the Commission to ensure that there is a high standard of protection for all final customers, including in their dealings with energy undertakings. ]

F72 [ (1FA) For the purposes of subsection (1F) final customer

(a) in the case of an electricity undertaking, has the meaning given to it by section 2 , and

(b) in the case of a natural gas undertaking, has the meaning given to it by section 2 of the Gas (Interim) (Regulation) Act 2002 . ]

F73 [ (1G) F74 [ ( a ) In carrying out its functions under paragraphs ( ea ), ( eb ) and ( ed ) the Commission shall, having consulted with the Minister, establish and implement a LPG and natural gas safety regulatory framework, and report annually to the Minister on the functioning of such framework, ]

( b ) The framework established under paragraph ( a ) shall include

(i) a system for the inspection and testing of all natural gas transmission and distribution pipelines, storage and LNG facilities to an extent and at a frequency specified in the framework,

(ii) a system for the regulation, certification, ongoing inspection of the work and assessment of the competence of individual trained natural gas installers F75 [ and LPG installers ] ,

(iii) procedures for the investigation of complaints regarding the competence of any particular natural gas installer F76 [ or LPG installer ] ,

F77 [ (iv) procedures for the investigation of a LPG incident as prescribed by regulations under section 9H and any incidents involving natural gas which in the opinion of the Commission warrant such investigation, ]

(v) procedures relating to the making of a report to the Minister in respect of an investigation under subparagraph (iv) ,

(vi) any other matter considered necessary by the Commission.

( c ) The Commission may review or amend the framework referred to in paragraph (a) as often as it considers necessary. ]

F78 [ (1H) ( a ) In carrying out its functions under paragraphs ( ea ), ( eb ) and ( ed ) of subsection (1) the Commission may require natural gas undertakings and LPG undertakings to regularly advise and provide information to their final customers and the public as respects

(i) best practice in relation to the safe use of natural gas and LPG and on the operation and maintenance of natural gas fittings and LPG fittings, and

(ii) the detection and reporting of natural gas and LPG leaks and other faults in natural gas fittings and LPG fittings, in such manner as the Commission may, from time to time, direct.

( b ) Without prejudice to the generality of paragraph ( a ), the Commission may direct a natural gas undertaking or a LPG undertaking, as the case may be, to engage in, either on its own or in concert with any other natural gas undertaking or LPG undertaking (whether or not such other undertaking operates within the State), campaigns promoting natural gas safety or LPG safety, as the case may be, which campaigns shall take such form as the Commission may specify in its direction and each natural gas undertaking or LPG undertaking concerned shall comply with any such direction. ]

(2) Notwithstanding the generality of subsection (1) (a), a policy direction of the Minister shall include a direction that procedures of the Commission enable the implementation of orders made by the Minister under sections 39 and 40.

F79 [ (3) It shall be the duty of the Minister and the Commission to carry out their functions and exercise the powers conferred on them under this Act in a manner which

( a ) in relation to electricity, does not discriminate unfairly between holders of licences, authorisations and the Board or between applicants for authorisations or licences,

( b ) in relation to gas, does not discriminate unfairly between holders of licences, consents and Bord G á is É ireann or between applicants for consents or licences, and

( c ) the Minister or the Commission, as the case may be, considers protects the interests of final customers of electricity or gas or both, as the case may be. ]

F80 [ (4)( a ) In carrying out the duty imposed by subsection (3) , statutory functions in Article 37 of the Electricity Market Directive and Article 41 of the Natural Gas Market Directive, the Minister and the Commission shall have regard to the need

(i) to promote competition in the generation and supply of electricity and in the supply of natural gas in accordance with this Act,

(ii) to secure that all reasonable demands by final customers of electricity for electricity are satisfied,

(iii) to secure that licence holders are capable of financing the undertaking of the activities which they are licensed to undertake,

(iv) to promote safety and efficiency on the part of electricity and natural gas undertakings,

(v) to promote the continuity, security and quality of supplies of electricity,

(vi) to promote the use of renewable, sustainable or alternative forms of energy,

(vii) to secure that there is sufficient capacity in the natural gas system to enable reasonable expectations of demand to be met, and

(viii) to secure the continuity, security and quality of supplies of natural gas.

( b ) In carrying out its duties under paragraph ( a ) of this subsection, the Commission shall also have regard to the following objectives:

(i) to integrate large and small scale production of electricity and gas from renewable resources and distributed production in both transmission and distribution networks in the most cost effective way;

(ii) to develop competitive and properly efficient and reliable functioning regional electricity and gas markets;

(iii) to eliminate restrictions on trade in electricity and gas between Member States, including developing appropriate cross-border transmission capacities to meet demand and enhancing the integration of national markets which may facilitate electricity and gas flows across the European Union;

(iv) to promote system adequacy;

(v) to facilitate access to the network for electricity generation and for gas production, in particular removing barriers that could prevent access for new market entrants and of electricity and gas from renewable energy sources;

(vi) in fixing and approving tariffs or methodologies and the balancing services, to ensure that system operators and system users are granted appropriate incentives, in both the short and long term to

(I) increase the efficiencies in system performance,

(II) to foster market integration,

(III) to foster security of supply, and

(IV) to support research activities. ]

(5) Without prejudice to subsections (3) and (4), it shall be the duty of the Commission:

( a) to take account of the protection of the environment;

( b) to encourage the efficient use and production of electricity;

( c) to take account of the needs of rural customers, the disadvantaged and the elderly;

( d) to encourage research and development into—

(i) methods of generating electricity using renewable, sustainable and alternative forms of energy and combined heat and power, and

(ii) methods of increasing efficiency in the use and production of electricity;

F81 [ ]

( e) to require that the system operator gives priority to generating stations using renewable, sustainable or alternative energy sources when selecting F82 [ generating stations, and ]

F83 [ ( f ) to take account of the rights of customers, particularly household customers and small enterprises, to be supplied with electricity of a quality specified by the Commission pursuant to Regulation 26 of the European Communities (Internal Market in Electricity) Regulations 2005 at reasonable, easily and clearly comparable and transparent prices. ]

F84 [ (5A) Where the Single Electricity Market is in operation, subsections (3) , (4) and (5) shall not apply in relation to a matter which is a SEM matter. ]

F85 [ (6) In carrying out its functions pursuant to this Act, the Commission shall:

( a ) act in as consistent a manner as practicable, and

F86 [ ( b ) any decisions taken by it shall be fully reasoned and justified and shall be publically available while preserving the confidentiality of commercially sensitive information. ] ]

Annotations:

Amendments:

F38

Deleted (20.12.2000) by European Communities (Internal Market in Electricity) Regulations (S.I. No. 445 of 2000), reg. 31(a), in effect as per reg. 1(2)(a).

F39

Substituted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(a).

F40

Substituted (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 26(2)(a)(i).

F41

Substituted (17.09.2010) by European Communities (Internal Market in Electricity) Regulations 2010 (S.I. No. 450 of 2010), reg. 3.

F42

Deleted (17.09.2010) by European Communities (Internal Market in Electricity) Regulations 2010 (S.I. No. 450 of 2010), reg. 3.

F43

Inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(b).

F44

Substituted (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 26(2)(a)(ii).

F45

Substituted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 6(a), commenced on enactment.

F46

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(a)(ii).

F47

Substituted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(2)(a), S.I. No. 20 of 2013.

F48

Inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 12(a), S.I. No. 68 of 2008.

F49

Substituted (27.07.2011) by Energy (Biofuel Obligations and Miscellaneous Provisions) Act 2010 (11/2010), s. 24(a), S.I. No. 280 of 2011.

F50

Inserted (27.07.2010) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 24(b), S.I. No. 280 of 2011.

F51

Substituted and inserted (1.02.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(c).

F52

Inserted (13.03.2020) by European Union (Internal Market in Natural Gas) Regulations 2020 (S.I. No. 83 of 2020), reg. 9(a), (b).

F53

Inserted (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 26(2)(a)(iii).

F54

Inserted (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 26(2)(a)(iv).

F55

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(a)(iii), subject to transitional provision in reg. 40.

F56

Deleted (30.06.2010) by Electricity Regulation (Amendment) (Carbon Revenue Levy) Act 2010 (13/2010), s. 2(a), commenced on enactment.

F57

Substituted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(d).

F58

Inserted (30.06.2010) by Electricity Regulation (Amendment) (Carbon Revenue Levy) Act 2010 (13/2010), s. 2(c), commenced on enactment.

F59

Substituted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(e).

F60

Inserted (12.06.2014) by European Communities (Geological Storage of Carbon Dioxide) (Amendment) Regulations 2014 (S.I. No. 279 of 2014), reg. 6.

F61

Inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(f).

F62

Substituted and inserted (7.10.2016) by Energy Act 2016 (12/2016), s. 11, S.I. No. 509 of 2016.

F63

Inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(g).

F64

Inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(h).

F65

Inserted (20.06.2005) by European Communities (Internal Market in Natural Gas) Regulations 2005 (S.I. No. 320 of 2005), reg. 5.

F66

Deleted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(i).

F67

Substituted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(j).

F68

Substituted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(k).

F69

Deleted (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 26(2)(b).

F70

Substituted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(l).

F71

Substituted (9.09.2011) by European Communities (Internal Market in Electricity and Gas) (Consumer Protection) Regulations of 2011 (S.I. No. 463 of 2011), reg. 10.

F72

Inserted (28.04.2017) by Energy Act 2016 (12/2016), s. 12, S.I. No. 171 of 2017.

F73

Inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 12(b), S.I. No. 68 of 2008.

F74

Substituted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(2)(b), S.I. No. 20 of 2013.

F75

Inserted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 24(d), S.I. No. 280 of 2011.

F76

Inserted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 24(e), S.I. No. 280 of 2011.

F77

Substituted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012. (3/2012), s. 17(2)(c), S.I. No. 20 of 2013.

F78

Substituted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(2)(d), S.I. No. 20 of 2013.

F79

Inserted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 6(b), commenced on enactment.

F80

Substituted( (1.11.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(m).

F81

Deleted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(d)(i), commenced on enactment, subject to transitional provision in reg. 40.

F82

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(d)(ii), subject to transitional provision in reg. 40.

F83

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(d)(iii), subject to transitional provision in reg. 40.

F84

Inserted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 6(b), S.I. No. 287 of 2007.

F85

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(e).

F86

Substituted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(n).

Modifications (not altering text):

C7

Reference to “Competition Authority” construed (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 39, S.I. No. 366 of 2014.

Transfer of functions to Commission

39. (1) All functions that, immediately before the establishment day, were vested in the dissolved bodies are transferred to the Commission.

(2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before that day under an Act of the Oireachtas to—

(a) the National Consumer Agency, or

(b) the Competition Authority, shall, on and after that day, be construed as references to the Commission.

...

C8

Application of Act extended (29.09.2014) by European Union (Energy Efficiency) Regulations 2014 (S.I. No. 426 of 2014), reg. 19(1).

Billing-regulated energy sector

19. (1) It shall be a function of the CER under the Act of 1999, to ensure the provision of smart metering systems in the electricity and natural gas retail market and the CER may take all reasonable steps to discharge its functions in accordance with the Directive, the Electricity Market Directive and the Natural Gas Market Directive.

...

Editorial Notes:

E8

Powers prescribed for performance of functions under subs. (1F) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 16(4A)(a), as inserted (28.04.2017) by Energy Act 2016 (12/2016), s. 22, S.I. No. 171 of 2017.

E9

Process for referral of complaints under subss. (1B) provided (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 22.

E10

Commission’s consumer protection obligations specified (9.09.2011) by European Communities (Internal Market in Electricity and Gas) (Consumer Protection) Regulations of 2011 (S.I. No. 463 of 2011), reg. 3.

E11

Previous affecting provision: subs. (1G)(a) amended (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 24(c), S.I. No. 280 of 2011; substituted as per F-note above.

E12

Previous affecting provision: process for referral of complaints under subs. (1B) provided (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 33(2); revoked (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 29(1)(d).

E13

Previous affecting provision: subs. (1)(m), (n) inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(f); substituted as per F-note above.

E14

Previous affecting provision: subs. (1)(dn) inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(2)(b); substituted as per F-note above.

E15

Previous affecting provision: subs. (1)(j) amended (30.06.2010) by Electricity Regulation (Amendment) (Carbon Revenue Levy) Act 2010 (13/2010), s. 2(b), commenced on enactment; substituted as per F-note above.

E16

Previous affecting provision: subs. (1)(da)-(dc) substituted (17.09.2010) by European Communities (Internal Market in Electricity) Regulations 2010 (S.I. No. 450 of 2010), reg. 3; substituted as per F-note above.

E17

Previous affecting provision: subs. (1H) inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 12(b), S.I. No. 68 of 2008; substituted as per F-note above.

E18

Previous affecting provision: subs. (1)(ea), (eb) inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 12(a), S.I. No. 68 of 2008; substituted as per F-note above.

E19

Previous affecting provision: subs. (1E) amended (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), reg. 6(a), S.I. No. 287 of 2007; substituted as per F-note above.

E20

Previous affecting provision: subs. (1)(da)-(dc) substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(a)(i), subject to transitional provision in reg. 40; substituted as per F-note above.

E21

Previous affecting provision: subs. (1)(dd)-(dg) inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(a)(i), subject to transitional provision in reg. 40; substituted as per F-note above.

E22

Previous affecting provision: subs. (1)(dh)-(di) inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(a)(i), subject to transitional provision in reg. 40; deleted as per F-note above.

E23

Previous affecting provision: subs. (1)(f) inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(a)(iii), subject to transitional provision in reg. 40; substituted as per F-note above.

E24

Previous affecting provision: subs. (1)(j) inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(a)(iii), subject to transitional provision in reg. 40; substituted as per F-note above.

E25

Previous affecting provision: subs. (1A) amended (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(b); substituted as per F-note above.

E26

Previous affecting provision: subss. (1D)-(1F) inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 3(c), subject to transitional provision in reg. 40; substituted as per F-note above.

E27

Previous affecting provision: subss. (1B), (1C) inserted (20.07.2004) by European Communities (Internal Market in Natural Gas) (No. 2) Regulations 2004 (S.I. No. 452 of 2004), reg. 12(1), subject to transitional provision in reg. 3; substituted as per F-note above.

E28

Previous affecting provision: power pursuant to subs. (1)(d) exercised (21.07.2003) by Electricity Regulation Act 1999 (Market Arrangements for Electricity) Regulations 2003 (S.I. No. 304 of 2003), in effect as per reg. 9; revoked (18.02.2006) by Electricity Regulation Act 1999 (Market Arrangements for Electricity) (Revocation) Regulations 2006 (S.I. No. 78 of 2006), reg. 2, in effect as per reg. 1(2).

E29

Previous affecting provision: subs. (4)(a), (d)-(h) substituted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 6(c)(i), (ii), commenced on enactment; substituted as per F-note above.

E30

Previous affecting provision: subs. (1A) inserted (20.06.2001) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 31(b), in effect as per reg. 1(2)(a); substituted as per F-note above.

E31

Previous affecting provision: power pursuant to subs. (1)(d) exercised (17.02.2000) Electricity Regulation Act 1999 (Trading Arrangements in Electricity) Regulations 2000 (S.I. No. 49 of 2000), in effect as per reg. 6; revoked (1.11.2007) by Electricity Regulation Act 1999 (Trading Arrangements in Electricity) (Revocation) Regulations 2007 (S.I. No. 723 of 2007), reg. 2.

E32

Previous affecting provision: subs. (1)(da)-(dc) inserted (20.12.2000) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 31(a), in effect as per reg. 1(2)(a); substituted as per F-note above.

5 OJ No. L 127, 29.04.2004, p.92

9A

F87 [ Approval of terms and conditions

9A. (1) The Commission shall be responsible for the following:

( a ) determining or approving prior to their entry into force, at least the methodologies used to calculate the terms and conditions for the provision of balancing services in relation to electricity and gas systems;

( b ) providing in the most economic manner balancing services, with the appropriate incentives for network users to balance the input and off-take of gas in the system;

( c ) providing balancing services in a fair and non-discriminatory manner and based on objective criteria.

(2) The Commission shall publish the methodologies or the terms and conditions referred to in 9A(1) on a publically available website. ]

Annotations:

Amendments:

F87

Substituted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(3).

Editorial Notes:

E33

Previous affecting provision: section inserted (20.07.2004) by European Communities (Internal Market in Natural Gas) (No. 2) Regulations 2004 (S.I. No. 452 of 2004), reg. 12(2); substituted as per F-note above.

9B

F88 [ Functions of Commission regarding all-island energy market.

9B. (1) It shall be, and be deemed always to have been, a function of the Commission to participate in the development of an all-island energy market, including the preparation of proposals and the provision of advice to the Minister in regard to any part or aspect of the establishment, management and operation of such a market.

(2) The Commission may take all actions it considers necessary, in carrying out its function under subsection (1) .

(3) The powers conferred on the Commission by subsection (1) include the power to direct

( a ) a person holding a licence under section 14(1) ( e ) or ESB National Grid to negotiate with any person holding an analogous licence as respects any part of Northern Ireland and to enter into an agreement with any such person to establish an entity to be known as a single market operator,

( b ) the holder of a licence under section 14(1) ( e ) or ESB National Grid to take such steps as are necessary to ensure the proper functioning and operation of the system of trading in electricity for which it is responsible on foot of a direction from the Commission under this Act or the European Communities (Internal Market in Electricity) Regulations 2000 and 2005, and

( c ) the holder of a licence granted under section 14 or a person who stands licensed to generate electricity by virtue of subsection (1A) or (1B) of section 14 to comply with any directions, codes or rules made by the Commission under this Act or the European Communities (Internal Market in Electricity) Regulations 2000 and 2005.

(4) The power of the Commission under subsection (3) includes the power to direct that necessary expenditure be undertaken by the holder of a licence under section 14(1) ( e ) or ESB National Grid.

(5) Without prejudice to the generality of subsection (2) the Commission in exercising its powers under this section may

( a ) liaise,

( b ) co-operate, or

( c ) enter into arrangements including arrangements involving

(i) the sharing of information, or

(ii) the sharing of expenditure,

with a relevant person in any other Member State of the European Union and in particular the Northern Ireland Authority for Energy Regulation.

(6) In this section

all-island energy market means a market in energy for the island of Ireland resulting from the integration of the equivalent markets in Ireland with those of Northern Ireland;

island of Ireland includes its islands and seas;

ESB National Grid means the National Grid Business Unit of the Board performing the functions of the transmission system operator under this Act and the European Communities (Internal Market in Electricity) Regulations 2000 and 2005, pending the granting of a licence under section 14(1) ( e );

market in energy includes a market in respect of

( a ) the generation, supply, transmission, distribution and trading, including the export or import, of electricity, including electricity generated from renewable sources,

( b ) the storage, supply, transmission, distribution and trading, including the export and import, of natural gas,

( c ) energy efficiency services,

( d ) energy research and development, and

( e ) other sustainable energy activities;

relevant person means

( a ) any person exercising a function in relation to an energy market which corresponds to any of the functions of the Commission or the Minister under

(i) the Electricity and Gas Regulation Acts 1999 to 2002,

(ii) European Communities (Internal Market in Electricity) Regulations 2000 and 2005,

and

( b ) any person engaged in

(i) generation, supply, including the export or import, transmission or distribution of electricity, or

(ii) storage, supply including the export or import, transmission or distribution of natural gas;

single market operator means an entity established pursuant to an agreement made under subsection (3) for the purpose of establishing and operating a system of contracts and arrangements (including such rights and obligations as appear to the Commission to be necessary) for trading in electricity on the island of Ireland. ]

Annotations:

Amendments:

F88

Inserted (24.12.2006) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 3, commenced on enactment.

9BA

F89 [ Functions of Commission relating to Single Electricity Market.

9BA. (1) In addition to the functions conferred on it by section 9, the Commission shall have as a function, following consultation with the Authority, the taking of all necessary steps (including the making of regulations under subsection (2) to have effect in the State in connection therewith) to establish and facilitate the operation of the Single Electricity Market, including a Trading and Settlement Code in relation to that market.

(2) ( a ) The Commission may make regulations for the purposes of subsections (1) and (3) .

( b ) Without prejudice to the generality of paragraph ( a ) regulations under subsection (1) may

(i) subject to paragraph (iii) , require every person holding a licence under section 14(1) ( a ) to ( d ) and ( h ) to make available for trading under the Single Electricity Market such electricity as is generated by that person or available to that person for supply,

(ii) prescribe an amount of electricity to be a threshold quantity (expressed in megawatts) for the purposes of paragraph (iii) and may prescribe different amounts in relation to different classes of licence holder,

(iii) provide that a person holding a licence under section 14 who does not generate an amount of electricity greater than the relevant threshold quantity may, but is not required to, make available for trading under the Single Electricity Market such electricity as is generated by that person.

(3) In performing the function referred to in subsection (1) the Commission shall monitor, supervise and keep under review the operation and effectiveness of the Single Electricity Market including the functions of the Single Electricity Market operator, and may make regulations under subsection (2) in relation to the Single Electricity Market. ]

Annotations:

Modifications (not altering text):

Amendments:

F89

Inserted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 7, S.I. No. 287 of 2007.

C9

Term “Single Electricity Market” construed (30.07.2016) by Energy Act 2016 (12/2016), s. 7(2), commenced on enactment.

Single Electricity Market: provision in respect of revised arrangements in the State and Northern Ireland

7. ...

(2) During the interim period section 9BA of the Act of 1999 shall have effect as if references to the Single Electricity Market included references to the revised arrangements in the State and Northern Ireland.

...

Editorial Notes:

E34

Power pursuant to subs. (2) exercised (29.03.2017) by Electricity Regulation Act 1999 (Single Electricity Market) (No. 2) Regulations 2017 (S.I. No. 117 of 2017).

E35

Power pursuant to subs. (2) exercised (3.07.2007) by Electricity Regulation Act 1999 (Single Electricity Market) Regulations 2007 (S.I. No. 406 of 2007).

E36

Previous affecting provision: power pursuant to subs. (2) exercised (11.01.2017 in part) by Electricity Regulation Act 1999 (Single Electricity Market) Regulations 2017 (S.I. No. 3 of 2017), in effect as per reg. 1(3); revoked (29.03.2017) by Electricity Regulation Act 1999 (Single Electricity Market) (No. 2) Regulations 2017 (S.I. No. 117 of 2017), reg. 6(1), subject to transitional provision in para. (2).

9BB

F90 [ Restriction on disclosure of information.

9BB. (1) ( a ) This subsection applies to information received by the Minister or the Commission, which information has been given to that person under or by virtue of

(i) any provision of the law of Northern Ireland corresponding to a provision under this Act (including a condition in a licence, exemption or authorisation granted under it) or the Internal Market Regulations, or

(ii) a licence, exemption or authorisation granted in Northern Ireland by the Department analogous to a licence, exemption or authorisation which may be granted by the Commission under this Act.

( b ) Subject to paragraph ( c ), information to which this subsection applies shall not be disclosed or published by the recipient of the information unless

(i) that person is required or permitted to disclose that information

(I) under or by virtue of any enactment, or

(II) by order of a Court exercising its jurisdiction,

or

(ii) such disclosure or publication is made for the purpose of facilitating the performance of any of the functions of that person under this Act.

( c ) The Minister and the Commission, to the extent that each of them believes it necessary or expedient for the effective operation of the Single Electricity Market, may share information with such persons exercising a function in Northern Ireland in relation to electricity which corresponds to any of the functions of the Commission or the Minister under

(i) the Electricity and Gas Regulation Acts 1999 to 2002, or

(ii) the Internal Market Regulations,

including information which is commercially sensitive, and information which has been furnished to that person by the holder of a licence or exemption under section 14 or the holder of an authorisation under section 16 .

(2) ( a ) This subsection applies to information received by the holder of a licence, an exemption or an authorisation, which information has been given to that person under or by virtue of

(i) this Act (including a condition of a licence, exemption or authorisation granted under it),

(ii) the Internal Market Regulations,

(iii) any corresponding provision of the law of Northern Ireland, or

(iv) a licence, exemption or authorisation granted in Northern Ireland by the Department analogous to a licence, exemption or authorisation which may be issued by the Commission under this Act.

( b ) Information to which this subsection applies shall not be disclosed or published by the recipient of the information unless that person is required to disclose or publish that information

(i) by reason of a condition in a licence, exemption or authorisation,

(ii) under or by virtue of any enactment, or

(iii) by order of a Court exercising its jurisdiction. ]

Annotations:

Amendments:

F90

Inserted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 8, S.I. No. 287 of 2007.

9BC

F91 [ Principal objective and functions of Minister, the Commission and SEM Committee in carrying out their functions in relation to the Single Electricity Market.

9BC. (1) The principal objective of

( a ) the Minister in carrying out his or her electricity functions in relation to matters which the Minister considers materially affect, or are likely materially to affect, the Single Electricity Market,

( b ) the Commission in giving effect to any decision of the SEM Committee, and

( c ) the SEM Committee in carrying out its functions under section 8A(4) ,

is to protect the interests of consumers of electricity in the State and Northern Ireland supplied by authorised persons, wherever appropriate by promoting effective competition between persons engaged in, or in commercial activities connected with, the sale or purchase of electricity through the Single Electricity Market.

(2) The Minister, the Commission and the SEM Committee shall carry out their respective functions referred to in subsection (1) in the manner which each considers is best calculated to further the principal objective, having regard to

( a ) the need to secure that all reasonable demands for electricity in the State and Northern Ireland are met,

( b ) the need to secure that authorised persons are able to finance the activities which are the subject of conditions or obligations imposed by or under this Act or the Internal Market Regulations or any corresponding provision of the law of Northern Ireland,

( c ) the need to secure that the functions of the Minister, the Commission, the Authority, and the Department in relation to the Single Electricity Market are exercised in a co-ordinated manner,

( d ) the need to ensure transparent pricing in the Single Electricity Market, and

( e ) the need to avoid unfair discrimination between consumers in the State and consumers in Northern Ireland.

(3) The Minister, the Commission and the SEM Committee may, in carrying out any of the functions mentioned in subsection (1) , have regard to the interests of consumers in the State and Northern Ireland in relation to gas.

(4) Subject to subsection (2) , the Minister, the Commission and the SEM Committee shall carry out the functions mentioned in subsection (1) in the manner which each of them consider is best calculated

( a ) to promote efficiency and economy on the part of authorised persons,

( b ) to secure a diverse, viable and environmentally sustainable long-term energy supply in the State and Northern Ireland,

( c ) to promote research into, and the development and use of

(i) new techniques by or on behalf of authorised persons, and

(ii) methods of increasing efficiency in the use and generation of electricity.

(5) Subject to subsection (2) , in carrying out any of the functions mentioned in subsection (1) the Minister, the Commission and the SEM Committee shall have regard to

( a ) the effect on the environment in the State and Northern Ireland of the activities of authorised persons, and

( b ) the need, where appropriate, to promote the use of energy from renewable energy sources.

(6) In carrying out any of the functions mentioned in subsection (1) the Minister, the Commission and the SEM Committee shall not discriminate unfairly as regards terms and conditions

( a ) between authorised persons, or

( b ) between persons who are applying to become authorised persons.

(7) In this section

authorised person means the holder of a licence or exemption under a provision of this Act relating to electricity or under any corresponding provision of the law of Northern Ireland;

electricity functions means

( a ) functions under this Act, and

( b ) functions under the Internal Market Regulations,

relating to electricity;

environmentally sustainable includes the need to guard against climate change;

renewable energy sources has the same meaning as in Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC 6 . ]

Annotations:

Amendments:

F91

Inserted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 9, S.I. No. 287 of 2007.

6 OJ No L 176, 17.07.2003, p.37

9BD

F92 [ Performance of functions relating to Single Electricity Market.

9BD. The Minister, the Commission and the SEM Committee shall have regard to the objective that the performance of any of their respective functions in relation to the Single Electricity Market should, to the extent that the person exercising the function believes is practical in the circumstances, be transparent, accountable, proportionate, consistent and targeted only at cases where action is needed. ]

Annotations:

Amendments:

F92

Inserted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 10, S.I. No. 287 of 2007.

9C

F93 [ Function of Commission relating to electrical safety.

F94 [ 9C. (1) It is a function of the Commission to regulate the activities of electrical contractors with respect to safety.

(2) In carrying out its functions under this section, the Commission may by notice require electricity undertakings to advise and provide information to their final customers and the public in respect of the safe installation and maintenance of electrical works in such manner and frequency as the Commission, may from time to time, direct. ] ]

Annotations:

Amendments:

F93

Inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 4, S.I. No. 68 of 2008.

F94

Inserted (16.04.2012) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 7, S.I. No. 122 of 2012.

9D

F95 [ Regulation of electrical contractors.

9D. (1) ( a ) The Commission may appoint a person or persons to be a designated body for the purposes of this section and such body may be referred to as an Electrical Safety Supervisory Body.

( b ) Where the Commission has not appointed a person or persons to be a designated body, or a designated body is, in the opinion of the Commission, no longer able to carry out its functions under this section, the Commission may, with the consent of the Minister, appoint an employee of the Commission to carry out those functions on a temporary basis.

(2) ( a ) In determining the number of persons appointed under subsection (1) the Commission shall have regard to the costs likely to be incurred

(i) by the Commission in carrying out its functions under this section, and

(ii) by final customers.

( b ) Paragraph 16 of Schedule 1 shall apply to any costs incurred by the Commission in carrying out its functions under this section.

( c ) In paragraph ( b ) the words any costs incurred by the Commission includes any moneys provided by the Commission to a designated body, following its appointment under subsection (1) , to facilitate that body in establishing and carrying out its functions.

(3) A person shall not be appointed to be a designated body, or if so appointed shall cease to act as a designated body, if that person is or becomes a trade association or performs representative functions on behalf of persons working in the electrical industry.

(4) A person who does not for the time being stand appointed as a designated body shall not describe himself or herself as an Electrical Safety Supervisory Body or in a manner likely to suggest that such person is a designated body for the purposes of this section.

(5) ( a ) The Commission shall publish criteria (in this section referred to as the criteria ) relating to

(i) electrical safety supervision,

(ii) the safety standards to be achieved and maintained by electrical contractors, and

(iii) the procedures to be operated by a person appointed as a designated body.

( b ) The criteria to be published in connection with paragraph ( a ) shall include, but shall not be limited to, the following information:

(i) the procedures to be adopted by a designated body for the registration of its members;

(ii) the procedures to be followed by a person applying for membership of a designated body;

(iii) the services which a designated body may carry out on behalf of its members to facilitate the performance of its functions;

(iv) the standards of training and safety to be achieved and maintained by members of a designated body and the procedures to be followed by a designated body in monitoring such standards;

(v) the procedures to be followed by a designated body for the inspection of any work carried out by one of its members, or by a person who is not a registered electrical contractor;

(vi) the procedures to be followed by a designated body in connection with the suspension or revocation of the membership of one of its members;

(vii) the matters to be covered by a completion certificate in respect of different categories or classes of electrical works and the circumstances in which each such class of certificate shall be used;

(viii) the type of accounts to be kept by the designated body, and the manner in which such accounts should be audited;

(ix) the method by which the accounts kept under subparagraph (viii) should be published; and

(x) the procedures to be followed, and the records to be maintained, by a designated body or its members (where appropriate), in connection with subparagraphs (i) to (ix).

( c ) The Commission may review or amend the criteria as often as it considers necessary.

(6) The Commission shall not appoint a person to be a designated body unless it is satisfied that the person is capable of complying with the criteria, and as respects each person who is a member (in this section referred to as a registered electrical contractor ) of that designated body that the body has, or will have if appointed, the capability and entitlement to

( a ) inspect any work carried out by a registered electrical contractor,

( b ) monitor the training and safety standards of a person who is a registered electrical contractor,

( c ) review training undertaken by a person engaged either as an employee or as an independent contractor of a registered electrical contractor,

( d ) issue directions to a registered electrical contractor regarding the training to be given to or undertaken by a class or classes of persons engaged either as employees or as independent contractors,

( e ) suspend the membership of a registered electrical contractor in a designated body where that registered electrical contractor is the subject of an investigation by that body into whether

(i) work carried out by the registered electrical contractor concerned is unsafe or otherwise of an unsatisfactory standard,

(ii) the training of employees and independent contractors engaged by the registered electrical contractor concerned is materially inadequate, or

(iii) the registered electrical contractor has acted in contravention of the criteria to a material extent,

( f ) suspend or revoke the membership of a registered electrical contractor in the designated body where that body is satisfied that any of the matters specified in subparagraphs (i) to (iii) of paragraph ( e ) apply as respects the contractor concerned.

(7) ( a ) Where a designated body decides to suspend or revoke the membership of a registered electrical contractor in that body, such designated body shall inform, in writing, both

(i) the Commission, and

(ii) the registered electrical contractor concerned,

of its decision to suspend or revoke the membership of a registered electrical contractor in the designated body.

( b ) A registered electrical contractor, the subject of a decision under paragraph ( a ), may submit an appeal, in writing, of the decision to the Commission within 28 days of being informed of the decision.

(8) ( a ) The Commission shall appoint one or more persons ( Appeals Officer ) to

(i) duly consider, and

(ii) furnish a report to the Commission on,

any appeal submitted by a registered electrical contractor relating to a decision made by the designated body to suspend or revoke his or her membership in the designated body.

( b ) The Commission shall have regard to the report of the Appeals Officer under paragraph (a) and shall advise the designated body, the Appeals Officer and the registered electrical contractor concerned of its decision to confirm, vary or set aside the decision of the designated body concerned.

( c ) An appeal shall not be considered under this subsection if

(i) it relates to any matter the subject of proceedings before a court or other tribunal, until those proceedings are determined, or

(ii) it is not submitted to the Commission within 28 days of the registered electrical contractor concerned being informed of the decision.

(9) Notwithstanding the generality of subsections (7) and (8) , the Commission may specify the procedures to be followed by:

( a ) the Appeals Officer in considering the appeal;

( b ) the Appeals Officer in drafting his or her report to the Commission;

( c ) the designated body when suspending or revoking the membership of a registered electrical contractor; and

( d ) a registered electrical contractor who is the subject of a decision by the designated body to suspend or revoke his or her membership in the designated body,

in the criteria published under subsection (5) .

(10) ( a ) The tariff of fees and charges imposed by a designated body relating to

(i) membership of an electrical contractor in that body,

(ii) registration of an electrical contractor as a registered electrical contractor,

(iii) inspections of electrical works, and

(iv) any service provided to a member of a designated body by or on behalf of that body,

shall be subject to the approval of the Commission.

( b ) All expenses and costs incurred by a designated body in carrying out any of its functions under this section shall be defrayed by the designated body out of funds at its disposal which are obtained in accordance with paragraph ( a ).

(11) A person may not be a member of more than one designated body.

(12) Where a registered electrical contractor carries out electrical works, the works shall be carried out in accordance with the safety requirements approved by the Commission from time to time.

(13) Where a registered electrical contractor carries out electrical works, which by reason of a determination by the Commission under subsection (27) are specified works, the registered electrical contractor concerned shall issue a completion certificate to the person who requested the works to be carried out.

(14) Where specified works are carried out by an electrical contractor who is not a member of a designated body, the person on whose behalf the specified works are being carried out shall request a designated body to arrange for the carrying out of an inspection of the works and, if the works meet the safety requirements approved by the Commission, for the issue of a completion certificate.

(15) A designated body which receives a request under subsection (14) shall arrange for the carrying out of the inspection as soon as practicable and, if appropriate, the issue of a completion certificate.

(16) Subject to subsection (17) , a designated body shall be entitled to payment of fees and charges in respect of the inspection of the works, and those fees and charges shall be no greater than is set out in the tariff of fees and charges published by the designated body concerned.

(17) The tariff of fees and charges referred to in subsection (16) shall not have effect until approved by the Commission, which approval shall not be given unless the Commission is satisfied that the fees and charges are calculated on the basis of the reasonable costs attributable to the carrying out of inspections under this section.

(18) The Commission shall specify a form of completion certificate to be used for the purposes of this section and may specify different forms for different circumstances or different classes of electrical work and may make provision relating to

( a ) procedures to be followed, and

( b ) records to be maintained,

by registered electrical contractors and a designated body in connection with the issue of such certificates.

(19) ( a ) The Commission may conduct an inspection or audit of a designated body to verify compliance by the designated body with the requirements of this section, the terms and conditions of appointment and the criteria of the Commission.

( b ) The Commission may appoint a person to assist it in performing inspections or audits referred to in paragraph ( a ).

(20) The Commission may determine the appointment of a designated body

( a ) in accordance with the terms and conditions of the appointment,

( b ) where the Commission is of the opinion that an act or default by the designated body is a cause of serious danger to the public, with immediate effect, or

( c ) where it is, in the opinion of the Commission, in the interests of consumers that the appointment be determined, and paragraph ( b ) does not apply, on giving not less than 3 months notice or such shorter period as may be specified in the terms and conditions of appointment in that respect.

(21) The Commission may appoint a person, including a person who is an employee of a designated body, to be an authorised officer for the purposes of carrying out inspections of electrical work

( a ) of registered electrical contractors on any land where the authorised officer believes such work is being or has been carried out by such a contractor, or

( b ) which has been the subject of a completion certificate,

but an authorised officer who is an employee of a designated body shall not exercise the powers conferred under this section as respects the work of a person who is a member of a designated body other than the designated body by which the authorised officer concerned is employed.

(22) A person appointed to be an authorised officer under subsection (21) shall on his or her appointment be furnished with a certificate of his or her appointment, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

(23) A registered electrical contractor and every employee or independent contractor of a registered electrical contractor shall give all reasonable assistance to

( a ) an authorised officer in the exercise of his or her powers under this section, and

( b ) the Commission in exercising its powers under subsection (19) including a person assisting the Commission pursuant to subsection (19) .

(24) A person shall not obstruct

( a ) an authorised officer performing any function he or she is authorised to exercise or perform under this section,

( b ) the Commission in exercising its powers under this section, or

( c ) a person assisting the Commission pursuant to subsection (19) .

(25) A person shall not describe himself or herself as a registered electrical contractor or in a manner likely to suggest that such person is a registered electrical contractor unless that person is for the time being a member of a designated body.

(26) A person who contravenes subsection (4), (24) or (25) is guilty of an offence and liable

( a ) on summary conviction to a fine not exceeding 5,000 or a term of imprisonment not exceeding 6 months or to both, or

( b ) on conviction on indictment to a fine not exceeding F96 [ 50,000 ] or a term of imprisonment not exceeding 3 years or to both.

(27) The Commission, having consulted with such persons as it considers appropriate, may determine that a class or classes of electrical works be specified works.

(28) In this section

completion certificate means a certificate the form of which has been specified by the Commission under subsection (18) ;

designated body means a person appointed under subsection (1) to be a designated body for the purposes of this section;

specified works means such class or classes of works as have been determined to be such by the Commission in accordance with subsection (27) . ]

Annotations:

Amendments:

F95

Inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 4, S.I. No. 68 of 2008.

F96

Substituted (28.04.2017) by Energy Act 2016 (12/2016), s. 13(a), S.I. No. 171 of 2017.

9E

F97 [ Designated electrical works.

9E. (1) The Commission, having consulted with such persons as it considers appropriate, and with the consent of the Minister, may by regulations designate a class or classes of electrical works to be designated electrical works.

(2) Where the Commission proposes to make regulations under subsection (1) the Minister, where he or she has approved the draft of such regulations, shall cause a draft of the regulations to be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(3) A person shall not carry out electrical works which are designated electrical works unless that person is a registered electrical contractor.

(4) A person who contravenes subsection (3 ) is guilty of an offence and liable

( a ) on summary conviction to a fine not exceeding 5,000 or a term of imprisonment not exceeding 6 months or to both, or

( b ) on conviction on indictment to a fine not exceeding 15,000 or a term of imprisonment not exceeding 3 years or to both. ]

Annotations:

Modifications (not altering text):

Amendments:

F97

Inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 4, S.I. No. 68 of 2008.

C10

Terms “Restricted Electrical Works” and “Designated Electrical Works” construed (1.10.2013) by Electricity Regulation Act 1999 (Restricted Electrical Works) Regulations 2013 (S.I. No. 264 of 2013), regs. 4(1)-(3), in effect as per reg. 2.

Restricted Electrical Works

4. (1) For the purposes of these Regulations and section 9E(1) of the Act, the phrase ‘Restricted Electrical Works’ has the same meaning as and shall be construed as a reference to ‘Designated Electrical Works’.

4. (2) For the purposes of section 9E(1) of the Act ‘Designated Electrical Works’ means:

(a) the installation, commissioning, inspection or testing of a new Electrical Installation which is fixed, fastened or mounted or otherwise secured so that its position does not change and requires connection or re-connection to the distribution network or the transmission network, as the case may be;

(b) the modification, installation or replacement of a Distribution Board including customer tails on either side of the Main Protective Device or of an Electrical Installation in any of the special locations listed in Part 7 of the National Rules for Electrical Installations, as the case may be;

(c) the installation or replacement of one or more circuits in an Electrical Installation, including the installation of one or more additional protective devices for such circuits on a Distribution Board; or

(d) the inspection, testing or certification of, or reporting on, existing Electrical Installations covered by Part 6 of the National Rules for Electrical Installations;

4. (3) For the purposes of section 9E(1) of the Act, ‘Designated Electrical Works’ does not include:

(a) Electrical works in potentially explosive atmospheres;

(b) Electrical works in a Commercial Premises setting including MV and HV connection and installations;

(c) Electrical works on a construction site;

(d) Electrical works within exhibitions, shows and stands;

(e) Electrical works on agricultural and horticultural installations;

(f) Electrical works on public lighting and associated cabling;

(g) Minor electrical works including the replacement of an electrical accessory such as a light switch, the replacement or relocation of a light fitting where the existing circuit is retained, the provision of an additional socket to an existing radial circuit, or electrical works which do not require the issuance of a completion certificate under section 9D of the Act.

Editorial Notes:

E37

Power pursuant to section exercised (1.10.2013) Electricity Regulation Act 1999 (Restricted Electrical Works) Regulations 2013 (S.I. No. 264 of 2013), in effect as per reg. 2.

9EA

F98 [ Electrical investigation officer.

9EA. (1) The Commission may appoint a person to be an electrical investigation officer for the purposes of investigating whether designated electrical works and specified works are carried out safely and adequately and by registered electrical contractors.

(2) In exercising his or her powers under this section an electrical investigation officer may enter on any land or premises at any reasonable time where he or she has reason to believe that designated electrical works or specified works have been or are being carried out and there

( a ) make such inspections or inquiries and carry out such tests including inspection of specified or designated electrical work carried out by any person in the interests of safety, as he or she thinks fit,

( b ) take any verbal or written statement, measurement or photograph or make any electrical or electronic recording which he or she considers necessary for the purposes of any such inspection or inquiry,

( c ) take samples of electrical cabling or fittings or any other part of an electrical installation which he or she considers necessary to the inspection or inquiry,

( d ) require any relevant person in authority to produce to him or her such documents, records or materials as are in that person s possession or control relating to the matter under inquiry and to give to him or her such information as he or she may reasonably require in regard to such documents, records or materials,

( e ) inspect and copy or extract information from documents, records or materials produced to him or her under paragraph ( d ) or which he or she finds during the course of entry on the land or into the premises concerned,

( f ) carry out such designated works or specified works or take such measures as he or she considers appropriate, including requesting the distribution system operator to disconnect or turn off the supply of electricity, for the protection of any person or any property from any danger arising from electrical works,

( g ) where he or she has carried out designated works or specified works under paragraph ( f ) issue a completion certificate for such works,

( h ) instruct any person to perform or refrain from performing any act, if in the opinion of the electrical investigation officer, the performance or non performance of such act is necessary for the purposes of preserving evidence or in order to reduce or prevent any danger arising from electricity.

(3) Where an electrical investigation officer enters on any land or into any premises in pursuance of his or her duties under this section, he or she shall act in a reasonable manner and shall provide a report on his or her activities and findings to either the Commission or the designated body or both as the case may be.

(4) A person appointed under subsection (1) shall be furnished with a certificate of his or her appointment by the Commission and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce the certificate to such person for inspection.

(5) Where an electrical investigation officer enters on land or into any premises in pursuance of powers conferred by this section, the Commission shall ensure as soon as possible after the powers have been exercised under this section that

( a ) the land or premises, as the case may be, is left no less secure by reason of the entry, and

( b ) any damage caused by the electrical investigation officer is made good or that compensation is paid to the occupier or owner of the land concerned.

(6) A person commits an offence if he or she

( a ) obstructs or impedes an electrical investigation officer in the exercise of his or her powers conferred by this section,

( b ) fails or refuses to comply with an instruction given by an electrical investigation officer under this section,

( c ) knowingly gives to an electrical investigation officer information which is false or misleading in a material respect, or

( d ) turns on or reconnects the supply of electricity which supply has been turned off or disconnected by the distribution system operator on the request of the electrical investigation officer without the consent of the distribution system operator.

(7) A person who commits an offence under this section is liable

( a ) on summary conviction, to a class A fine, or

( b ) on conviction on indictment, to a fine not exceeding 15,000.

(8) In this section:

designated electrical works means a class of electrical works designated under section 9E(1) ;

electrical investigation officer means a person appointed as such under subsection (1) ;

specified works has the meaning assigned to it by section 9D(28) . ]

Annotations:

Amendments:

F98

Inserted (16.04.2012) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 6, S.I. No. 122 of 2012.

Editorial Notes:

E38

The section heading is taken from the amending section in the absence of one included in the amendment.

9F

F99 [ Regulation of gas installers.

9F. (1) ( a ) The Commission may appoint a person to be the designated body for the purposes of this section and such body may be referred to as a Gas Safety Supervisory Body.

( b ) Where the Commission has not appointed a person to be the designated body, or the designated body is, in the opinion of the Commission, no longer able to carry out its functions under this section, the Commission may, with the consent of the Minister, appoint an employee of the Commission to carry out those functions on a temporary basis.

(2) ( a ) In appointing a person to be the designated body in accordance with subsection (1) the Commission shall have regard to the costs likely to be incurred

(i) by the Commission in carrying out its functions under this section, and

(ii) by final customers.

( b ) Paragraph 16 of Schedule 1 shall apply to any costs incurred by the Commission in carrying out its functions under this section.

( c ) In paragraph ( b ) the words any costs incurred by the Commission includes any moneys provided by the Commission to the designated body, following its appointment under subsection (1) , to facilitate that body in establishing and carrying out its functions.

(3) A person shall not be appointed to be the designated body, or if so appointed shall cease to act as the designated body, if that person is or becomes a trade association or performs representative functions on behalf of persons working in the gas industry.

(4) A person who does not for the time being stand appointed as the designated body shall not describe himself or herself as a Gas Safety Supervisory Body or in a manner likely to suggest that such person is the designated body for the purposes of this section.

(5) ( a ) The Commission shall publish criteria (in this section referred to as the criteria ) relating to

(i) gas safety supervision,

(ii) the safety standards to be achieved and maintained by gas installers, and

(iii) the procedures to be operated by a person appointed as the designated body.

( b ) The criteria document to be published in connection with paragraph (a) shall include, but shall not be limited to, the following information:

(i) the procedures to be adopted by the designated body for the registration of its members;

(ii) the procedures to be followed by a person applying for membership of the designated body;

(iii) the services which the designated body may carry out on behalf of its members;

(iv) the standards of training and safety to be achieved and maintained by members of the designated body and the procedures to be followed by the designated body in monitoring such standards;

(v) the procedures to be followed by the designated body for the inspection of any work carried out by one of its members;

(vi) the procedures to be followed by the designated body in connection with the suspension or revocation of the membership of one of its members;

(vii) the matters to be covered by a completion certificate in respect of different categories or classes of gas works and the circumstances in which each such class of certificate shall be used;

(viii) the type of accounts to be kept by the designated body, and the manner in which such accounts should be audited;

(ix) the method by which the accounts kept under subparagraph (viii) should be published; and

(x) the procedures to be followed, and the records to be maintained, by the designated body or its members (where appropriate), in connection with subparagraphs (i) to (ix) .

( c ) The Commission may review or amend the criteria as often as it considers necessary.

(6) The Commission shall not appoint a person to be the designated body unless it is satisfied that the person is capable of complying with the criteria, and as respects each person who is a member (in this section referred to as a registered gas installer ) of the designated body that the body has, or will have if appointed, the capability and entitlement to

( a ) inspect any work carried out by a registered gas installer,

( b ) monitor the training and standards of a person who is a registered gas installer,

( c ) suspend the membership of a registered gas installer in the designated body where that registered gas installer is the subject of an investigation by that body into whether

(i) work carried out by the registered gas installer concerned is unsafe or otherwise of an unsatisfactory standard, or

(ii) the registered gas installer concerned has acted in contravention of the criteria to a material extent,

( d ) suspend or revoke the membership of a registered gas installer in the designated body where the body has established that any of the matters specified in subparagraphs (i) or (ii) of paragraph ( c ) apply as respects the installer concerned.

(7) ( a ) Where the designated body decides to suspend or revoke the membership of a registered gas installer in the body, the designated body shall inform, in writing, both

(i) the Commission, and

(ii) the registered gas installer concerned,

of its decision to suspend or revoke the membership of a registered gas installer in the designated body.

( b ) A registered gas installer, the subject of a decision under paragraph (a) , may submit an appeal, in writing, of the decision to the Commission within 28 days of being informed of the decision.

(8) ( a ) The Commission shall appoint one or more persons ( Appeals Officer ) to

(i) duly consider, and

(ii) furnish a report to the Commission on,

any appeal submitted by a registered gas installer relating to a decision made by the designated body to suspend or revoke his or her membership in the designated body.

( b ) The Commission shall have regard to the report of the Appeals Officer under paragraph (a) and shall advise the designated body, the Appeals Officer and the registered gas installer concerned of its decision to confirm, vary or set aside the decision of the body.

( c ) An appeal shall not be considered under this subsection if

(i) it relates to any matter the subject of proceedings before a court or other tribunal, until those proceedings are determined, or

(ii) it is not submitted to the Commission within 28 days of the registered gas installer concerned being informed of the decision.

(9) Notwithstanding the generality of subsections (7) and (8) , the Commission may specify the procedures to be followed by

( a ) the Appeals Officer in considering the appeal,

( b ) the Appeals Officer in drafting his or her report to the Commission,

( c ) the designated body when suspending or revoking the membership of a registered gas installer, and

( d ) a registered gas installer who is the subject of a decision by the designated body to revoke his or her membership in the designated body,

in the criteria published under subsection (5) .

(10) ( a ) The tariff of fees and charges imposed by the designated body relating to

(i) membership of a gas installer in the body,

(ii) registration of a gas installer as a registered gas installer,

(iii) inspections of gas works, and

(iv) any service provided to a member of the designated body by or on behalf of the body,

shall be subject to the approval of the Commission.

( b ) The designated body may impose fees and charges under paragraph ( a ) of different amounts in respect of different categories of membership, registration or service as the Commission may specify in the criteria.

( c ) All expenses incurred by the designated body in carrying out any of its functions under this section shall be defrayed by the designated body out of funds at its disposal which are obtained in accordance with paragraph ( a ).

(11) Where a registered gas installer carries out any gas works, the works shall be carried out in accordance with any safety requirements which the Commission may specify in the criteria.

(12) Where a registered gas installer carries out any gas works, the registered gas installer concerned shall issue the appropriate completion certificate to the person who requested that the works be carried out.

(13) A person on whose behalf a registered gas installer has carried out any gas works may request, on grounds specified in writing, that the designated body arrange for the carrying out of an inspection of those gas works.

(14) The designated body shall, after it receives a request under subsection (13) , arrange for the carrying out of an inspection as soon as practicable, and following its completion, shall advise, in writing, both the registered gas installer who carried out the gas works and the person who requested that the inspection be carried out, as to whether the gas works meet the safety requirements of the Commission.

(15) Subject to subsection (16) , the designated body shall be entitled to payment of fees and charges in respect of the inspection of gas works under subsection (14) , which fees and charges shall be no greater than is set out in the tariff of fees and charges published by the designated body.

(16) The tariff of fees and charges referred to in subsection (15) shall not have effect until approved by the Commission, which approval shall not be given unless the Commission is satisfied that the fees and charges are calculated on the basis of the reasonable costs attributable to the carrying out of inspections under this section.

(17) The Commission shall specify a form of completion certificate to be used for the purposes of this section and may specify different forms for different circumstances or different classes of work and may make provision relating to

( a ) procedures to be followed, and

( b ) records to be maintained,

by registered gas installers in connection with the issue of such certificates.

(18) ( a ) The Commission may conduct an inspection or audit of the designated body to verify compliance by the designated body with the requirements of this section, the terms and conditions of appointment and the criteria of the Commission.

( b ) The Commission may appoint a person to assist it in performing inspections or audits referred to in paragraph ( a ).

(19) The Commission may determine the appointment of the designated body

( a ) in accordance with the terms and conditions of the appointment,

( b ) where the Commission is of the opinion that an act or default by the designated body is a cause of serious danger to the public, with immediate effect, or

( c ) where it is, in the opinion of the Commission, in the interests of consumers that the appointment be determined, and paragraph ( b ) does not apply, on giving not less than 3 months notice or such shorter period as may be specified in the terms and conditions of appointment in that respect.

(20) The Commission may appoint a person, including a person who is an employee of the designated body, to be an authorised officer for the purposes of carrying out inspections of the work

( a ) of a registered gas installer on any land where the authorised officer believes such work is being or has been carried out by such an installer, or

( b ) which has been the subject of a completion certificate.

(21) A person appointed to be an authorised officer under subsection (20) shall on his or her appointment be furnished with a certificate of his or her appointment, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

(22) A registered gas installer and every employee or independent contractor of a registered gas installer shall give all reasonable assistance to

( a ) an authorised officer in the exercise of his or her powers under this section, and

( b ) the Commission in exercising its powers under subsection (18) including a person assisting the Commission pursuant to subsection (18) .

(23) A person shall not obstruct

( a ) an authorised officer performing any function he or she is authorised to exercise or perform under this section,

( b ) the Commission in exercising its powers under this section, or

( c ) a person assisting the Commission pursuant to subsection (18) .

(24) A person shall not

( a ) describe himself or herself as a registered gas installer, or

( b ) describe himself or herself in a manner likely to suggest that he or she is a registered gas installer, unless that person is a member of the designated body.

(25) A person who contravenes subsection (4) , (23) or (24) is guilty of an offence and liable

( a ) on summary conviction to a fine not exceeding 5,000 or a term of imprisonment not exceeding 6 months or to both, or

( b ) on conviction on indictment to a fine not exceeding F100 [ 50,000 ] or a term of imprisonment not exceeding 3 years or to both.

(26) In this section

completion certificate means a certificate the form of which has been specified by the Commission under subsection (17) ;

designated body means a person appointed under subsection (1) to be the designated body for the purposes of this section;

gas works means works designated to be such under section 9G . ]

Annotations:

Amendments:

F99

Inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 13, S.I. No. 68 of 2008.

F100

Substituted (28.04.2017) by Energy Act 2016 (12/2016), s. 13(b), S.I. No. 171 of 2017.

9G

F101 [ Gas works.

9G. (1) The Commission, having consulted with such persons as it considers appropriate, and with the consent of the Minister, may by regulations designate a class or classes of works to be gas works.

F102 [ (2) In this section works means work which is related to the installation, removal, repair or replacement of a natural gas fitting or an LPG fitting. ] ]

F103 [ (3) A person shall not carry out works which are gas works unless that person is

( a ) a registered gas installer,

( b ) a gas transmission system operator carrying out its functions in accordance with the terms and conditions of the relevant licence,

( c ) a gas distribution system operator carrying out its functions in accordance with the terms and conditions of the relevant licence,

( d ) a gas emergency officer appointed under section 9I performing his or her duties, or

( e ) a gas safety officer appointed under section 9J performing his or her functions under that section.

(4) A person who contravenes subsection (3) is guilty of an offence and liable

( a ) on summary conviction to a fine not exceeding 5,000 or a term of imprisonment not exceeding 6 months or to both, or

( b ) on conviction on indictment to a fine not exceeding 15,000 or a term of imprisonment not exceeding 3 years or both. ]

Annotations:

Amendments:

F101

Inserted (11.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 13, S.I. No. 68 of 2008.

F102

Substituted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 25, S.I. No. 280 of 2011.

F103

Inserted (29.06.2009) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 13, S.I. No. 238 of 2009.

Editorial Notes:

Modifications (not altering text):

C11

‘Works which are gas works’ described (27.06.2011) by Electricity Regulation Act 1999 (Liquefied Petroleum Gas Works) Regulations 2011 (S.I. No. 299 of 2011, reg. 4, in effect as per reg. 2.

4(1) For the purposes of section 9G(3) of the Act, ‘works which are gas works’ means the installation, removal, repair, servicing, maintenance or replacement (or any combination of the foregoing) of a LPG fitting covered by I.S. 813 and or I.S. EN 1949 which is:

(a) used or designed to be used by a Domestic Customer; or

(b) which is designed to be used by a Domestic Customer but which is installed in a Commercial or an Industrial Premises;

4(2) For the purposes of section 9G(3) of the Act ‘works which are gas works’ does not include—

(a) the installation, removal, repair, servicing, maintenance or replacement of LPG Fittings designed to be used by commercial gas customers;

(b) the installation, removal, repair, servicing, maintenance or replacement of LPG Fittings designed to be used by industrial gas customers;

(d) the design of gas works;

(e) work on the Point of Delivery;

(f) work upstream of the Point of Delivery;

(g) work on LPG Fittings for the supply of gas for automotive use;

(h) work that is specifically designed to be effected by a person without the use of a tool;

(i) the manufacture of Appliances or LPG Fittings;

(j) the connection or replacement of a flexible connector connecting a refillable LPG storage cylinder to installation pipework;

(k) work on a single LPG installation (excluding repair or maintenance) without fixed pipework, achieved by a flexible connector from an adjacent LPG storage cylinder; or

(l) The welding of pipework for Domestic Customers prior to the admission of gas.

E39

Power pursuant to section exercised (27.06.2011) by Electricity Regulation Act 1999 (Liquefied Petroleum Gas Works) Regulations 2011 (S.I. No. 299 of 2011), in effect as per reg. 2.

E40

Power pursuant to section exercised (26.06.2009) by Electricity Regulation Act 1999 (Gas Works) Regulations 2009 (S.I. No. 225 of 2009), in effect as per reg. 2.

E41

Previous affecting provision: definition of ‘works which are gas works’ provided (26.06.2009) by Electricity Regulation Act 1999 (Gas Works) Regulations 2009 (S.I. No. 225 of 2009), reg. 4, in effect as per reg. 2; superseded (27.06.2011) by Electricity Regulation Act 1999 (Liquefied Petroleum Gas Works) Regulations 2011 (S.I. No. 299 of 2011, reg. 4, in effect as per reg. 2.

9H

F104 [ Regulations relating to gas safety.

F105 [ 9H. (1) The Commission may, in the performance of its functions under paragraphs ( ea ), ( eb ) and ( ed ) of section 9(1) make regulations relating to gas safety.

(2) Without prejudice to the generality of subsection (1) regulations made under this section may provide for

( a ) specifications or requirements regarding the installation or maintenance of natural gas fittings and LPG fittings, and

( b ) the conditions to be fulfilled before natural gas or LPG may be connected or reconnected to any premises following the installation, maintenance, modification or repair of a natural gas fitting or LPG fitting, as the case may be. ]

(3) Where the Commission propose to make regulations under this section, the Commission shall, before doing so, consult with the Minister, the Minister for the Environment, Heritage and Local Government and such other Minister of the Government (if any) as, in the opinion of the Commission, appears appropriate.

(4) A person who fails to comply with regulations made under this section is guilty of an offence under this section.

(5) A person guilty of an offence under this section is liable

( a ) on summary conviction to a fine not exceeding 5,000 or a term of imprisonment not exceeding 6 months or to both, or

( b ) on conviction on indictment to a fine not exceeding 15,000 or a term of imprisonment not exceeding 3 years or to both.

(6) ( a ) Notwithstanding anything specified in regulations made under subsection (2) , nothing in this section shall be construed as placing an onus of responsibility on a gas installer to ensure that a natural gas fitting F106 [ or LPG fitting ] which he or she has correctly installed in a dwelling, place of business or any common area is safely maintained after the point of delivery of natural gas F107 [ or LPG, as the case may be ] , unless a contractual obligation exists obliging the installer concerned to do so.

( b ) Unless specified in any other enactment, the person responsible for ensuring that a natural gas fitting F108 [ or LPG fitting ] is safely maintained after the point of delivery of natural gas F109 [ or LPG, as the case may be, ] shall be

(i) in the case of a dwelling:

(I) where that dwelling is the subject of a tenancy, but is not the subject of a lease between a landlord and tenant, the person entitled to receive the rent;

(II) where that dwelling is the subject of a lease between a landlord and tenant, the landlord (subject to the responsibilities of landlords and tenants as set out in sections 12 and 16 of the Residential Tenancies Act 2004); or

(III) where that dwelling is not the subject of a lease or tenancy between a landlord and tenant, the person who would be entitled to receive the rent if the dwelling were the subject of a tenancy or lease,

(ii) in the case of a premises used as a place of business:

(I) where that premises is the subject of a lease between a landlord and tenant, and a covenant (whether express or implied and whether general or specific) exists that the tenant, as lessee, shall keep the premises in repair, the tenant in occupation; or

(II) where that premises is not a premises to which clause (I) applies, such person as the Commission may specify from time to time in the framework F110 [ published under section 9(1G) ] , following consultation with the Minister, the Minister for the Environment, Heritage and Local Government and such other Minister of the Government (if any) as, in the opinion of the Minister, appears appropriate,

and

(iii) in the case of a common area of land which includes any dwellings the subject of subparagraph (i) , or any places of business the subject of subparagraph (ii) , or both, and which area is being managed by a management company, that management company.

( c ) For the purposes of this subsection

(i) the term business is to be interpreted in accordance with the meaning given it by section 3 of the Landlord and Tenant (Amendment) Act 1980,

(ii) the term dwelling is to be interpreted in accordance with the meaning given it by section 4 of the Residential Tenancies Act 2004,

(iii) the terms lease , landlord , tenant , and tenancy as they are used in paragraph (b)(i) , are to be interpreted in accordance with the meaning given to them by section 5 of the Residential Tenancies Act 2004, and

(iv) the terms lease , lessee , landlord and tenant as they are used in paragraph (b)(ii) are to be interpreted in accordance with the meaning given to them by section 3 of the Landlord and Tenant (Amendment) Act 1980 . ]

Annotations:

Amendments:

F104

Inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 13, S.I. No. 68 of 2008.

F105

Substituted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(2)(e), S.I. No. 20 of 2013.

F106

Inserted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 26(f), S.I. No. 280 of 2011.

F107

Inserted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 26(g), S.I. No. 280 of 2011.

F108

Inserted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 26(h), S.I. No. 280 of 2011.

F109

Inserted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010. (11/2010), s. 26(i), S.I. No. 280 of 2011.

F110

Substituted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 26(j), S.I. No. 280 of 2011.

Editorial Notes:

E42

Power pursuant to section exercised (31.03.2014) by Liquefied Petroleum Gas Safety (Liquefied Petroleum Gas Incident Reporting and Investigation) Regulations 2014 (S.I. No. 78 of 2014), in effect as per reg. 2.

E43

Previous affecting provision: subss. (1), (2) amended (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 26(a)-(e), S.I. 280 of 2011; substituted as per F-note above.

9I

F111 [ Gas emergency officers.

F112 [ 9I. (1) A transmission system operator or a distribution system operator in relation to natural gas or a holder of a LPG safety licence may appoint a person to be a gas emergency officer for the purposes of this section.

(2) A gas emergency officer may, subject to this section, enter and inspect any land (with reasonable force, if he or she considers it necessary in the circumstances) without giving notice or obtaining the consent of any person, and there take such measures as the officer considers appropriate for the protection of any person or any property from any danger arising from natural gas or LPG.

(3) A person appointed under subsection (1) shall be furnished with a certificate of his or her appointment by the system operator or LPG undertaking making the appointment, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to such person.

(4) A gas emergency officer may not exercise the powers conferred by this section unless he or she is of the opinion that there is or may be a danger to any person or property arising from

( a ) the use, misuse or leakage of natural gas or LPG, or

( b ) a defect or possible defect in any pipeline or natural gas fitting or LPG fitting.

(5) Without prejudice to the generality of subsection (2) , in exercising his or her powers under this section a gas emergency officer may

( a ) instruct any person to evacuate any place until such time as the premises are, in the opinion of the officer, safe,

( b ) instruct any person to perform or refrain from performing any act, if in the opinion of the officer, the performance or non-performance of such act is necessary in order to reduce or prevent any danger arising from natural gas or LPG,

( c ) search for any escaped natural gas or LPG, or any leak or defect in any pipeline or natural gas fitting or LPG fitting, or

( d ) interrupt or disconnect the supply of natural gas or LPG without notice.

(6) Where a gas emergency officer enters on land in pursuance of powers conferred by this section, the transmission system operator or the distribution system operator or a LPG undertaking on whose behalf the entry was made shall ensure as soon as possible after the powers have been exercised under this section that

( a ) the land is left no less secure by reason of the entry, and

( b ) any damage caused by the gas emergency officer is made good or that compensation is paid to the occupier or owner of the land concerned.

(7) A person who

( a ) obstructs or impedes a gas emergency officer in the exercise of powers conferred by this section,

( b ) fails or refuses to comply with an instruction given by a gas emergency officer under this section,

( c ) knowingly gives to a gas emergency officer information which is false or misleading in a material respect, or

( d ) turns on or reconnects the supply of natural gas or LPG where supply has been turned off or disconnected by a gas emergency officer, without the consent of a gas emergency officer,

commits an offence.

(8) A person who commits an offence under subsection (7) is liable

( a ) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or to both, or

( b ) on conviction on indictment, to a fine not exceeding 15,000 or a term of imprisonment not exceeding 3 years or to both. ] ]

Annotations:

Amendments:

F111

Inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 13, S.I. No. 68 of 2008.

F112

Substituted (30.01.2015) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(2)(f), S.I. No. 17 of 2015.

9J

F113 [ Gas safety officers.

F114 [ 9J. (1) The Commission may appoint a person to be a gas safety officer for the purposes of

( a ) this section,

( b ) paragraphs ( ea ), ( eb ) and ( ed ) of section 9(1) ,

( c ) section 9(1G) , and

( d ) investigating alleged contraventions of sections 9F(4) , 9F(23) and (24) , 9G(3) and 9H(4) . ]

(2) A gas safety officer may, subject to the provisions of this section

( a ) enter and inspect any land (with force if he or she considers it necessary in the circumstances) without giving notice or obtaining the consent of any person, and there inspect any

(i) natural gas pipeline,

F115 [ (i a ) piped LPG distribution network, ]

(ii) natural gas installation or facility (including a storage facility),

(iii) natural gas fitting, F116 [ ]

F117 [ (iii a ) LPG fitting, or, ]

(iv) ventilation fittings (whether mechanical or otherwise) associated with or required for the safe operation of a natural gas fitting F118 [ or LPG fitting ] ,

and take such measures as the officer considers appropriate for the protection of any person or any property F119 [ from any danger arising from natural gas or LPG, as the case may be, ]

( b ) enter on any land at any reasonable time and there

(i) make such inspections and carry out such tests as he or she thinks fit in relation to any activities in or on a premises or installation,

(ii) take any measurement or photograph or make any electrical or electronic recording which he or she considers necessary for the purposes of any such examination or inquiry,

(iii) require any relevant person in authority to produce to him or her such documents, records or materials as are in that person s possession or control relating to the matter under inquiry and to give to him or her such information as he or she may reasonably require in regard to such documents, record or materials,

(iv) inspect and copy or extract information from documents, records or materials produced to him or her under subparagraph (iii) or which he or she finds during the course of entry to premises,

(v) take samples of natural gas F120 [ or LPG, as the case may be ] .

(3) A person appointed under subsection (1) shall be furnished with a certificate of his or her appointment by the Commission, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to such person.

(4) Without prejudice to the generality of subsection (2) , in exercising his or her powers under this section, a gas safety officer may

( a ) instruct any person to evacuate any premises until such time as the premises are, in the opinion of the officer, safe,

( b ) instruct any person to perform or refrain from performing any act, if in the opinion of the officer, the performance or non-performance of such act is necessary in order to reduce or prevent any danger arising from natural gas F121 [ or LPG, as the case may be ] ,

F122 [ ( c ) search for any escaped natural gas or LPG, as the case may be, or any leak or defect in any pipeline, natural gas fitting or LPG fitting, ]

( d ) interrupt or disconnect the supply of F123 [ natural gas or LPG, as the case may be, ] without notice.

(5) Where a gas safety officer enters on land in pursuance of powers conferred by this section, the Commission shall ensure as soon as possible after the powers have been exercised under this section

( a ) that the land is left no less secure by reason of the entry,

( b ) any damage caused by the gas safety officer is made good or that compensation is paid to the occupier or owner of the land concerned.

(6) A person who

( a ) obstructs or impedes a gas safety officer in the exercise of powers conferred by this section,

( b ) fails or refuses to comply with an instruction given by a gas safety officer under this section,

( c ) knowingly gives to a gas safety officer information which is false or misleading in a material respect, or

( d ) turns on or reconnects the supply of natural gas F124 [ or LPG, as the case may be, ] which supply has been turned off or disconnected by a gas safety officer, without the consent of a gas safety officer,

is guilty of an offence.

(7) A person guilty of an offence under this section is liable

( a ) on summary conviction to a fine not exceeding 5,000 or a term of imprisonment not exceeding 6 months or to both, or

( b ) on conviction on indictment to a fine not exceeding 15,000 or a term of imprisonment not exceeding 3 years or to both. ]

Annotations:

Amendments:

F113

Inserted (11.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 13, S.I. No. 68 of 2008.

F114

Substituted (16.04.2012) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 8, S.I. No. 122 of 2012.

F115

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(2)(g), S.I. No. 20 of 2013.

F116

Deleted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(b), S.I. No. 42 of 2011.

F117

Inserted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(c), S.I. No. 42 of 2011.

F118

Inserted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(d), S.I. No. 42 of 2011.

F119

Substituted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(e), S.I. No. 42 of 2011.

F120

Inserted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(f), S.I. No. 42 of 2011.

F121

Inserted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(g), S.I. No. 42 of 2011.

F122

Substituted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(h), S.I. No. 42 of 2011.

F123

Substituted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(i), S.I. No. 42 of 2011.

F124

Inserted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(j), S.I. No. 42 of 2011.

Editorial Notes:

E44

Commission empowered to appoint person to be a gas safety officer in accordance with subs. (1) for investigation of an incident, whether or not reported, (31.03.2014) by Liquefied Petroleum Gas Safety (Liquefied Petroleum Gas Incident Reporting and Investigation) Regulations 2014 (S.I. No. 78 of 2014), reg. 6, in effect as per reg. 2.

E45

Previous affecting provision: subs. (1)(b) substituted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(a), S.I. No. 280 of 2011; substituted as per F-note above.

9JA

F125 [ Improvement plan.

9JA. (1) Where the Commission is of the opinion that a LPG undertaking or a natural gas undertaking or a person under the control or on behalf of that undertaking

( a ) is not operating in accordance with the LPG or natural gas safety regulatory framework under section 9(1G) , or

( b ) is contravening or has contravened or is failing to comply with or has failed to comply with any other requirement of this Part,

the Commission may give a direction in writing to the LPG undertaking or the natural gas undertaking concerned requiring it to submit to the Commission, within the time period stated in the direction, a plan (in this section referred to as an improvement plan ) specifying the remedial action proposed to be taken by the LPG undertaking or the natural gas undertaking to rectify the matters set down in the direction.

(2) Where an improvement plan is submitted in accordance with subsection (1) or re-submitted under paragraph ( b ), the Commission shall, within 30 days, write to the LPG undertaking or the natural gas undertaking

( a ) stating that the Commission is satisfied with the remedial action proposed to be taken, or

( b ) if the Commission is not satisfied that the remedial action proposed to be taken is adequate, directing that the plan be revised and re-submitted to the Commission within a specified time period.

(3) The Commission may withdraw a direction under this section at any time before a date specified in the direction and may extend and further extend such date. ]

Annotations:

Amendments:

F125

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 18(1), S.I. No. 20 of 2013.

9JB

F126 [ Improvement notice.

9JB. (1) Where the Commission is of the opinion that

( a ) a LPG undertaking or a natural gas undertaking has failed to comply with a direction to submit or implement an appropriate improvement plan under section 9JA , or

( b ) a LPG undertaking or a natural gas undertaking or a person under the control of or on behalf of that undertaking

(i) is not operating in accordance with the LPG or natural gas safety regulatory framework under section 9(1G) , or

(ii) is contravening or has contravened or is failing to comply with or has failed to comply with any other requirement of this Part,

the Commission may serve a written notice (in this section referred to as an improvement notice ) on that LPG undertaking or natural gas undertaking.

(2) An improvement notice shall

( a ) state that the Commission is of the opinion referred to in subsection (1) ,

( b ) state the reasons for that opinion,

( c ) where applicable, state that the LPG undertaking or natural gas undertaking has failed to submit or implement an improvement plan,

( d ) direct the LPG undertaking or natural gas undertaking to remedy the alleged contraventions or the matters occasioning that notice by a date specified in the notice, which shall not be earlier than the period within which an appeal may be brought under subsection (5) ,

( e ) contain details of the consequences, under this section of a failure to comply with the notice,

( f ) include information regarding the making of an appeal under subsection (5) , and

( g ) include any other requirement that the Commission considers appropriate.

(3) An improvement notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or otherwise comply with the notice.

(4) Where the Commission proposes to serve an improvement notice, it shall notify the LPG undertaking or natural gas undertaking concerned in writing of its intention to serve the improvement notice and the LPG undertaking or natural gas undertaking concerned may, within 21 days of such notification, make representations to the Commission, which shall consider them.

(5) Where the Commission decides, having considered any representations made to it under subsection (4) , to serve an improvement notice, a LPG undertaking or natural gas undertaking which is aggrieved by such improvement notice may, within the period of 14 days beginning on the day on which the notice is served on it, appeal to the High Court against the notice and in determining the appeal the Court may

( a ) if it is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification, or

( b ) cancel the notice.

(6) Where an appeal against an improvement notice is taken, the notice shall, unless cancelled by the High Court, take effect on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(7) Where no appeal is taken against an improvement notice, the notice shall take effect on the expiration of the period during which such an appeal may be taken or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(8) The Commission may withdraw an improvement notice at any time before the date specified in it under subsection (2) ( d ) and the Commission may extend or further extend that date at any time when an appeal against the notice is not pending.

(9) A person who fails to comply with an improvement notice commits an offence and is liable

( a ) on summary conviction, to a class A fine, or

( b ) on conviction on indictment, to a fine not exceeding 25,000. ]

Annotations:

Amendments:

F126

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 18(1), S.I. No. 20 of 2013.

9JC

F127 [ Prohibition notice.

9JC. (1) Where the Commission is of the opinion that an activity being or likely to be carried on by or under the control or on behalf of the holder of a LPG safety licence or a natural gas undertaking involves a substantial risk to safety, the Commission may serve a notice (in this section referred to as a prohibition notice ) on that holder or natural gas undertaking.

(2) A prohibition notice shall

( a ) state that the Commission is of the opinion referred to in subsection (1) ,

( b ) state the reasons for that opinion,

( c ) specify the activity, or the infrastructure, in respect of which that opinion is held,

( d ) where, in the opinion of the Commission, the matter involves a contravention, or is likely to involve a contravention, of the requirements of this section, specify the provision or provisions concerned and the reasons for that opinion,

( e ) prohibit the carrying on of the activity concerned until the matters which give rise or are likely to give rise to the risk are remedied, and

( f ) contain details of the consequences under this section of a failure to comply with the notice.

(3) A prohibition notice may include directions

( a ) as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice, and

( b ) to bring the notice to the attention of any person affected by it, or to the attention of the public generally.

(4) A prohibition notice shall take effect

( a ) if the notice so declares, immediately the notice is received by the holder of the LPG safety licence or natural gas undertaking or the person on whom it is served,

( b ) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or on the day specified in the notice as that on which it is to come into effect, whichever is the later, or

( c ) in case an appeal is taken (unless the notice is cancelled by the High Court) on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(5) The bringing of an appeal against a prohibition notice which is to take effect in accordance with subsection (4) ( a ) does not have the effect of suspending the operation of the notice unless

( a ) the appellant applies to the High Court to have the operation of the notice suspended until the appeal is disposed of, and

( b ) on such application, if it thinks proper to do so, the Court directs that the operation of the notice be suspended until the appeal is disposed of.

(6) ( a ) The holder of a LPG safety licence or natural gas undertaking which is aggrieved by a prohibition notice may, within the period of 7 days beginning on the day on which the notice is served on it, appeal to the High Court against the notice and in determining the appeal the Court may

(i) if it is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification, or

(ii) cancel the notice.

( b ) Where on the hearing of an appeal under this section a prohibition notice is confirmed, notwithstanding subsection (4) , the High Court by which the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the Court considers appropriate.

(7) The Commission may at any time withdraw a prohibition notice.

(8) A person who fails to comply with a prohibition notice commits an offence and is liable

( a ) on summary conviction, to a class A fine, or

( b ) on conviction on indictment, to a fine not exceeding 25,000. ]

Annotations:

Amendments:

F127

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 18(1), S.I. No. 20 of 2013.

9JD

F128 [ Restricting or prohibiting LPG or natural gas activities in emergencies.

9JD. (1) Where the Commission considers that the risk to the safety of

( a ) human life,

( b ) a piped LPG distribution network or natural gas infrastructure, or

( c ) property not in the ownership of the holder of a LPG safety licence or natural gas undertaking concerned,

is so serious that any of the activities of a LPG or natural gas undertaking should be restricted or should be immediately prohibited until specified measures have been taken to reduce the risk to a level which is as low as is reasonably practicable, the Commission may apply, ex parte , to the High Court for an order restricting or prohibiting the activities concerned.

(2) The High Court may make such interim or interlocutory order as it considers appropriate, and the Court in considering whether to make the order shall consider whether the elimination or necessary reduction of the risk concerned could be achieved by the issue of an emergency direction or a prohibition notice.

(3) Any order of the High Court under subsection (2) shall have effect notwithstanding the terms of any permission given under this Act or any other enactment for the carrying on of the activity concerned or, where the order refers to another person, the carrying out of an activity by such person.

(4) On any application for the revocation or variation of an order made under this section, the Commission shall be entitled to appear, be heard and adduce evidence. ]

Annotations:

Amendments:

F128

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 18(1), S.I. No. 20 of 2013.

9JE

F129 [ LPG safety licences.

9JE. (1) For the purposes of ensuring LPG safety a person shall not make available LPG by way of a piped LPG distribution network for use by individual domestic final customers unless a LPG safety licence is in force in respect of the activity.

(2) A person who contravenes subsection (1) commits an offence and is liable

( a ) on summary conviction to a class A fine, or

( b ) on conviction on indictment to a fine not exceeding 500,000.

(3) The Commission may, upon application to it, grant or refuse to grant to a LPG undertaking a LPG safety licence to make LPG available to final customers by way of a piped LPG distribution network.

(4) A LPG safety licence is granted subject to such conditions as are specified in the licence.

(5) An application for a LPG safety licence shall be

( a ) in writing and be in such form and contain such information as the Commission may request, and

( b ) accompanied by such a fee, if any, as the Commission may determine under section 9JF to be appropriate, having regard to the application being made.

(6) The Commission shall make information on such fees payable under subsection (5) ( b ) available on the request of an applicant for a LPG safety licence.

(7) The Commission shall monitor the activities of a holder of a LPG safety licence to ensure that the holder complies with the terms and conditions of the licence.

(8) The Minister may specify by regulations the criteria in accordance with which an application for a LPG safety licence in respect of any activity referred to in subsection (1) may be determined by the Commission.

(9) The criteria specified by the Minister under subsection (8) may relate to any or all of the following:

( a ) the safety of the piped LPG distribution network,

( b ) the qualifications of an applicant, including the technical qualifications of the applicant, and

( c ) any other criteria specified by regulations made under subsection (8) .

(10) A person shall comply with any request in writing from the Commission for additional information specified by regulations made under subsection (8) .

(11) A person undertaking any of the activities mentioned in subsection (1) on the commencement of this section shall apply for a LPG safety licence, within 3 months of such commencement or such other periods as may be agreed by the Commission.

(12) A holder of a LPG safety licence shall

( a ) operate, maintain and develop such facilities or systems as may be required for the purpose of carrying out the activity for which it is licensed with due regard to safety and in accordance with the terms of the licence,

( b ) provide the Commission with sufficient information to ensure that LPG activities licensed under this section may take place in a safe and secure manner, and

( c ) provide all documents, records, accounts, estimates and other information, whether oral or written, requested from time to time by the Commission, in the form and at the times specified by the Commission, for the purpose of verifying that the holder of the licence is complying with the conditions of the licence, or as may be required by the Commission in the performance of its duties or functions imposed under this Act.

(13) The Commission shall reach a determination on the issue of a LPG safety licence under subsection (1) as soon as practicable after it has completed its assessment but no later than 6 months after the date of receipt of all information including receipt of the additional information requested under subsection (9) .

(14) A LPG safety licence remains in force until it is revoked by the Commission or replaced by a new safety licence.

(15) The Commission shall, as soon as practicable after the issue of a LPG safety licence to a LPG undertaking, ensure that a copy of that licence is published in the manner prescribed by the Commission.

(16) Where

( a ) the holder of a LPG safety licence, requests the Commission to modify the terms or conditions of the licence, or

( b ) the Commission is of the opinion that a LPG safety licence should be amended,

the Commission may modify the terms or conditions of the licence.

(17) The procedures to be followed before modifying LPG safety licences shall be as prescribed under sections 19 and 20 in regard to all licences and authorisations other than a modification made to give effect to an order under section 39 or 40 . ]

Annotations:

Amendments:

F129

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 18(1), S.I. No. 20 of 2013.

9JF

F130 [ Fees relating to applications for LPG safety licences.

9JF. (1) Where a LPG undertaking submits an application for a safety licence it shall be accompanied by such fee, if any, as the Commission may determine to be appropriate, having regard to the nature of the designated LPG activity to which the safety licence relates.

(2) The level of fees shall be structured to ensure that the fee relating to the licence is sufficient to enable the Commission to recover the reasonable costs and expenses which the Commission is likely to incur by reason of its consideration of the application concerned and matters directly pertaining to the application concerned including the costs and expenses incurred in determining conditions relating to the grant or the refusal to grant a LPG safety licence.

(3) The Commission shall make information on the structure and methodology of how it has determined such fees available to the LPG undertaking concerned where requested to do so. ]

Annotations:

Amendments:

F130

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 18(1), S.I. No. 20 of 2013.

9JG

F131 [ Regulations (LPG incident).

9JG. (1) The Commission may make regulations relating to the reporting and investigation of LPG incidents.

(2) Each of the following is a class of event or occurrence which is a LPG incident

( a ) the death of any person,

( b ) injury to any person which requires medical attention to be given to such person in hospital other than as an out-patient, or

( c ) loss or damage to any building, land or other property, where in the opinion of the LPG undertaking concerned the aggregate value of such loss or damage is in excess of 6,500,

resulting from the use, misuse, abuse, leakage, combustion or explosion of LPG. ]

Annotations:

Amendments:

F131

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 18(1), S.I. No. 20 of 2013.

Editorial Notes:

E46

Power pursuant to subs. (1) exercised (31.03.2014) by Liquefied Petroleum Gas Safety (Liquefied Petroleum Gas Incident) Regulations 2014 (S.I. No. 77 of 2014), in effect as per reg. 2.

9K

F132 [ Extension of gas safety provisions to liquefied petroleum gas.

9K. ... ]

Annotations:

Amendments:

F132

Inserted by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 14, not commenced as of date of revision. Note that s. 14 is prospectively repealed by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 28, not commenced as of date of revision.

Modifications (not altering text):

C12

Prospective affecting provision: section inserted by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 14, not commenced as of date of revision. Note that s. 14 is prospectively repealed by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 28, not commenced as of date of revision.

F132 [ 9K. A reference in

( a ) sections 9F to 9J of this Act,

( b ) paragraphs ( ea ) to ( ec ) of section 9(1), and

( c ) subsections (1G) and (1H) of section 9 ,

to natural gas shall be construed and have effect as if it included a reference to liquefied petroleum gas. ]

9L

F133 [ Energy efficient tariffs

9L. The Commission shall, through licence conditions, place a requirement on energy undertakings to ensure that tariffs do not create incentives that may unnecessarily increase the volume of distributed or transmitted energy. ]

Annotations:

Amendments:

F133

Substituted (29.09.2014) by European Union (Energy Efficiency) Regulations 2014 (S.I.No. 426 of 2014), reg. 29, commenced on enactment.

Editorial Notes:

E47

Previous affecting provision: section substituted (16.04.2012) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 9(1)(a), S.I. 122 of 2012; substituted per F-note above.

E48

Previous affecting provision: section inserted by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(c), not commenced; s. 3(c) repealed (16.04.2012) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 22(d), S.I. No. 122 of 2012.

E49

Previous affecting provision: section inserted (18.12.2009) by European Communities (Energy End-use Efficiency and Energy Services) Regulations 2009 (S.I. No. 542 of 2009), reg. 19; substituted as per F-note above.

9M

F134 [ Informative billing.

9M. (1) The Commission shall, where it considers it appropriate, having regard to subsection (2) , direct an energy undertaking to comply with the requirements of subsection (5) , or part thereof, from such date and in such manner as it may specify in that direction.

(2) In determining whether to issue a direction under subsection (1) , the Commission shall have regard to the likely costs to the undertaking concerned of complying with such a direction and the likely energy efficiency benefits to final customers of the actions required of the undertaking concerned.

(3) Before issuing a direction under subsection (1) , the Commission shall undertake a public consultation process.

(4) Nothing in this section shall affect the responsibilities or duties of an energy undertaking under F135 [ the Data Protection Regulation or the Data Protection Act 2018 ] .

(5) The Commission may, by direction under subsection (1) , require an energy undertaking to do any or all of the following:

( a ) provide bills to its final customers, based on actual energy use, at such frequency as may be specified by the Commission to enable those customers to regulate their own energy consumption in a timely manner;

( b ) provide such information in or with a bill to its final customers that, in the opinion of the Commission provides a comprehensive account of the customer s current energy costs;

( c ) present bills to its final customers in a manner which, in the opinion of the Commission, is clear and easily understandable; or

( d ) provide any or all of the following information in or with its bills, contracts, or other relevant communications, in a manner which, in the opinion of the Commission, is clear and understandable

(i) current actual prices and actual consumption of energy,

(ii) a comparison of the final customer s current energy consumption with that customer s consumption for the same period in the previous year, in graphic form where the Commission considers it practicable,

(iii) a comparison of the final customer s energy use with the energy use of an average normalised or benchmarked final customer, or

(iv) sources of information on available energy efficiency improvement measures, comparative customer profiles or objective technical specifications for energy-using equipment, including contact information and website addresses.

(6) The Commission may request that an energy undertaking provide such information, and in such format, as the Commission considers necessary for the purposes of determining whether to issue a direction under subsection (1) , or for the purposes of monitoring compliance with a direction so issued.

(7) In this section a bill includes a bill provided or made available to the final customer in electronic format.

(8) An energy undertaking that fails to comply with a direction issued by the Commission under subsection (1) , or with a request under subsection (6) , commits an offence and is liable on summary conviction to a class A fine.

(9) Where a direction under subsection (1) or a request under subsection (6) is to be issued or given to an energy undertaking, it shall be addressed to the undertaking and shall be given to the undertaking in one of the following ways

( a ) by delivering it to the energy undertaking concerned,

( b ) by leaving it at the address at which the energy undertaking concerned carries on business,

( c ) by sending it by post in a pre-paid registered letter addressed to the energy supplier concerned at the address at which the undertaking carries on business,

( d ) if an address for the service of a direction or request has been furnished by the energy undertaking concerned, by leaving it at, or sending it by pre-paid registered post addressed to the energy undertaking at, that address, or

( e ) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the energy undertaking concerned carries on business or, if an address for the service of a direction or request has been furnished by the energy undertaking concerned, that address, but only if

(i) the recipient s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or

(ii) the sender s facsimile machine generates a message confirming successful delivery of the total number of pages of the direction or request,

and it is also given in one of the other ways mentioned in any of the preceding paragraphs.

(10) For the purposes of subsection (9) , a company registered under the Companies Acts is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business. ]

F136 [ (11) In this section, Data Protection Regulation means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 22 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). ]

Annotations:

Amendments:

F134

Substituted (16.04.2012) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 9(1)(a), S.I. No. 122 of 2012.

F135

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 185(a), S.I. No. 174 of 2018.

F136

Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 185(b), S.I. No. 174 of 2018.

Modifications (not altering text):

C13

Application of subs. (5) restricted (29.09.2014) by European Union (Energy Efficiency) Regulations 2014 (S.I. No. 426 of 2014), reg. 19(5).

Billing - regulated energy sector

19. ...

(5) Smart metering systems installed in accordance with the Electricity Market Directive and the Natural Gas Market Directive shall enable accurate billing information based on actual consumption and final customers, notwithstanding the provisions of section 9M(5) of the Act of 1999 shall have the possibility of easy access to complementary information on historical consumption allowing detailed self- checks. Such complementary information shall include detailed data according to the time of use for any day, week, month and year. These data shall be made available to the final customer by way of the internet or the meter interface for the period of at least the previous 24 months or the period since the start of the supply contract if this is shorter.

...

C14

Application of section restricted (9.09.2011) by European Communities (Internal Market in Electricity and Gas) (Consumer Protection) Regulations of 2011 (S.I. No. 463 of 2011), reg. 9(3).

Electricity and gas consumption data

9. ...

(3) Notwithstanding the provisions of section 9M (inserted by Regulation 19 of the European Communities (Energy End-Use Efficiency and Energy Services) Regulations 2009 ( S.I. No. 542 of 2009 )) of the Act of 1999 the Commission shall put in place procedures such that final customers are properly informed of actual electricity and gas consumption and related charges frequently enough to enable them to regulate their own electricity and gas consumption.

...

Editorial Notes:

E50

Previous affecting provision: section inserted (18.12.2009) by European Communities (Energy End-use Efficiency and Energy Services) Regulations 2009 (S.I. No. 542 of 2009), reg. 19; substituted as per F-note above.

22 OJ No. L 119, 4.5.2016, p.1

9N
9N

F137 [ Functions of Commission under Part IIA relating to petroleum safety.

9N. In addition to the functions conferred on it by section 9 , the Commission has the functions specified in Part IIA relating to petroleum safety. ]

Annotations:

Amendments:

F137

Inserted (16.04.2012) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 9(1)(a), S.I. No. 122 of 2012.

Directions to Commission.

10

10.—(1) Subject to subsections (2) and (4), the Minister may give directions to the Commission as regards the performance of its functions under this Act, including directions in relation to the terms and conditions of licences.

(2) The Minister shall not give directions in respect of—

( a) the persons to whom licences or authorisations may be granted, or

( b) the performance of its functions in relation to individual holders of licences or authorisations, individual eligible customers or the Board.

(3) The Commission shall comply with directions given by the Minister under subsection (1).

(4) This section shall stand repealed on the 19th day of February, 2000.

F138 [ Policy directions to Commission.

10A

10A. (1) ( a ) In the interests of the proper and effective regulation of the electricity and natural gas markets and the formulation of policy applicable to such proper and effective regulation, the Minister may give such general policy directions to the Commission, as he or she considers appropriate, to be followed by the Commission in the exercise of its functions.

( b ) Notwithstanding the generality of paragraph ( a ), such general policy directions may have regard to the following issues

(i) security of energy supply,

(ii) sustainability of energy supply,

(iii) competitiveness of energy supply, or

(iv) such other matter which the Minister considers appropriate.

(2) The Commission shall comply with any direction given under subsection (1) , and shall report to the Minister on the implementation (including the costs of such implementation) of any directions given under subsection (1) in the report prepared in accordance with paragraph 25 ( b ) of Schedule 1 to this Act.

(3) Before giving a direction under subsection (1) , the Minister shall

( a ) provide a draft of the proposed direction to

(i) the Commission,

F139 [ (ii) the Joint Committee referred to in paragraph 26 of Schedule 1 of this Act,

(iii) the SEM Committee, and ]

F140 [ (iv) any other person the Minister deems appropriate, ]

inviting them, in writing, to make representations on the proposal and specifying the period (being not less than 30 days from the giving of the draft to the Commission F141 [ or publication under paragraph (b) , ] whichever is the later) within which representations relating to the proposal may be made by them, and

( b ) publish a draft of the proposed policy direction to the Commission, which shall

(i) include details of the proposed policy direction, including the reasons for giving the direction, and

(ii) specifying the period (being not less than 30 days from the giving of the draft to the Commission or such publication, whichever is the later) within which representations relating to the proposal may be made by interested parties.

F142 [ (3A) The Minister, having provided a draft of the proposed direction to the persons referred to in subsection (3)(a) and having published a draft of that direction under subsection (3)(b) , shall provide a draft of the proposed direction to the Department. ]

(4) F143 [ Subject to subsection (4A) , the Minister, ] having considered any representations made under subsection (3) , may give the direction under subsection (1) , with or without amendment.

F144 [ (4A) The Minister shall not give a direction under subsection (1) where the SEM Committee has informed the Minister that the proposed direction would materially affect, or would be likely to materially affect, the Single Electricity Market. ]

(5) Where, in the opinion of the Minister, a direction which the Minister proposes to give to the Commission under subsection (1) relates or may relate to the functions of another Minister of the Government, the Minister shall consult with that Minister of the Government prior to the carrying out of any obligation imposed on him or her under subsection (3) .

(6) The Minister shall not give a direction under subsection (1) in respect of

( a ) a person who has applied for, or holds a licence, authorisation or consent, or

( b ) a person to whom a licence, authorisation or consent may be granted by the Commission, or

( c ) the performance of the functions of the Commission in relation to individual energy undertakings or persons.

(7) Where the Minister gives a direction under subsection (1) , a notice of such direction and details thereof, including reasons for giving the direction, shall be published in the Iris Oifigi ú il . ]

F145 [ (8) Nothing in this section shall allow the Commission to seek or take instructions from any natural or legal person in relation to a decision on a matter which is set out in Article 37 of the Electricity Market Directive or in Article 41 of the Natural Gas Market Directive. ]

Annotations:

Amendments:

F138

Inserted (24.12.2006) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 7, commenced on enactment.

F139

Substituted (1.11.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 11(a)(i), S.I. No. 731 of 2007.

F140

Inserted (1.1.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 11(a)(i), S.I. No. 731 of 2007.

F141

Substituted (1.11.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 11(a)(ii), S.I. No. 731 of 2007.

F142

Inserted (1.11.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 11(b), S.I. No. 731 of 2007.

F143

Substituted (1.11.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 11(c), S.I. No. 731 of 2007.

F144

Inserted (1.11.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 11(d), S.I. No. 731 of 2007.

F145

Inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(4).

Authorised officers.

11

11.F146 [ (1) In this section, a person to whom this section applies means the Board, a holder of a licence or an authorisation F147 [ or a natural gas licence granted under section 16 of the Gas (Interim) (Regulation) Act, 2002, or a consent given under the Gas Act, 1976 ] F148 [ , or Bord G á is É ireann or Irish Water. ] ]

(2) The Commission may appoint persons to be authorised officers for the purposes of this section.

(3) A person appointed under subsection (2) shall, on his or her appointment, be furnished by the Commission with a certificate of his or her appointment and when exercising a power conferred by subsection (4) shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

F149 [ (3A) An appointment under this section as an authorised officer shall cease

(a) on the revocation by the Commission of the appointment,

(b) if the appointment is for a fixed period, on the expiry of that period, or

(c) if the person appointed ceases to be a member of staff of the Commission, on the date on which he or she so ceases. ]

(4) For the purposes of the exercise by the Commission of its functions under this Act, F150 [ the Water Services (No. 2) Act 2013 ] F151 [ or the Gas (Amendment) Act, 2000 ] an authorised officer may—

( a) enter at any reasonable time any premises owned or occupied by a person to whom this section applies for the purpose of exercising any powers conferred on him or her by this subsection,

F152 [ ( b ) require a person to whom this section applies or any member, officer or employee of the person to whom this section applies to produce to the authorised officer any books, documents or records (and in the case of such information in a non-legible form to reproduce it in permanent legible form) which are in his or her power or control or to give him or her such information, whether oral or written, as the officer may reasonably require in relation to any entries in such records,

( bb ) require any such person to give to the officer any other information, whether oral or written, which the officer may reasonably require to determine whether this Act F153 [ , the Water Services (No. 2) Act 2013 ] or the Gas (Interim) (Regulation) Act, 2002, are being complied with, ]

( c) inspect and take extracts from or make copies of any books, documents and records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form), and

( d) require a person to whom this section applies to maintain such books, documents and records for such period or periods of time as the authorised officer may direct.

(5) Where an authorised officer in exercise of his or her powers under this section is prevented from entering any premises an application may be made under section 12 for a warrant to authorise such entry.

(6) A person to whom this section applies who—

( a) obstructs or impedes an authorised officer in the exercise of a power under this section,

( b) fails or refuses to comply with a requirement under this section,

( c) knowingly alters, suppresses or destroys any books, documents or records which the person concerned has been required to produce, or may reasonably expect to be required to produce, or

( d) knowingly gives to the Commission or to an authorised officer information which is false or misleading, in a material respect,

shall be guilty of an offence and shall be liable on summary conviction F154 [ to a class A fine ].

Annotations:

Amendments:

F146

Substituted (10.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 12(a), commenced on enactment.

F147

Inserted (10.04.2002) by Gas (Interim) (Regulation) Act, 2002 (10/2002), s. 18(a), commenced on enactment.

F148

Substituted (7.02.2014) by Water Services (No.2) Act 2013 (50/2013), s. 44(1)(a), S.I. No. 76 of 2014.

F149

Inserted (28.04.2017) by Energy Act 2016 (12/2016), s. 14(a), S.I. No. 171 of 2017.

F150

Inserted (7.02.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 44(1)(b)(i), S.I. No. 76 of 2014.

F151

Inserted (11.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 12(b), commenced on enactment.

F152

Substituted and inserted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 18(b), commenced on enactment.

F153

Inserted (7.02.2014) by Water Services (No.2) Act 2013 (50/2013), s. 44(1)(b)(ii), S.I. No. 76 of 2014.

F154

Substituted (28.04.2016) by Energy Act 2016 (12/2016), s. 14(b), S.I. No. 171 of 2017.

Search warrants.

12

12.—If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there has been a contravention of a condition or requirement of a licence or an authorisation F155 [ or a natural gas licence granted under section 16 of the Gas (Interim) (Regulation) Act, 2002, or a consent given by the Minister prior to the appointed day under section 8(7) or 40(1) of the Gas Act, 1976 , or given by the Commission under section 39A(1) of the Gas Act, 1976 ] F156 [ or that the Board or Bord G á is é ireann has failed to comply with a requirement under section 7 (1) of the Gas (Amendment) Act, 2000 ] the judge may issue a warrant authorising the authorised officer, accompanied by other authorised officers or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production if so required of the warrant, to enter such premises as are specified in the warrant, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under section 11 .

Annotations:

Amendments:

F155

Inserted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 18(c), commenced on enactment.

F156

Inserted (10.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 13, commenced on enactment.

Prohibition on unauthorised disclosure of information.

13

13.—(1) Save as otherwise provided by law, a person shall not disclose confidential information obtained by him or her while performing duties as a member of, or as a member of the staff of, or an adviser or consultant to, or as an authorised officer of, the Commission, unless he or she is duly authorised by the Commission to do so.

F157 [ (1A) In subsection (1) duties means duties falling to be performed in the course of the performance by the Commission of its functions under this Act, the Gas (Amendment) Act, 2000 , F158 [ the Gas (Interim) (Regulation) Act 2002 or the Water Services (No. 2) Act 2013. ] ]

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a F159 [ class A fine ] or imprisonment for a period not exceeding 12 months or, at the discretion of the District Court, to both such fine and imprisonment.

(3) ( a) In this section “confidential information” means that which is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description.

( b) In expressing information to be confidential, the Commission shall have regard to the requirement to protect information of a confidential commercial nature.

(4) The Freedom of Information Act, 1997, is hereby amended in the Third Schedule thereto by the addition to Part I at the end thereof—

( a) in column (2), of “ Electricity Regulation Act, 1999.”, and

( b) in column (3), of “ Section 13. ”.

Annotations:

Amendments:

F157

Substituted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 23(4), commenced on enactment.

F158

Substituted (7.02.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 44(2), S.I. No. 76 of 2014.

F159

Substituted (28.04.2017) by Energy Act 2016 (12/2016), s. 13(c), S.I. No. 171 of 2017.

Modifications (not altering text):

C15

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment. This section is listed in sch. 3 part 1.

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

...

SCHEDULE 3

Enactments Excluded from Application of Section 41

PART I

Statutes

...

No. 23 of 1999

Electricity Regulation Act 1999

Section 13.

...

...

...

Editorial Notes:

E51

Previous affecting provision: subs. (1A) inserted (10.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 14, commenced on enactment; substituted as per F-note above.

F160 [ PART IIA

Regulation of Petroleum Activities ]

Annotations:

Amendments:

F160

Inserted (22.10.2010) by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(d), S.I. No. 227 of 2010.

13A

F161 [ Interpretation

13A. (1) In this Part

Act of 1960 means Petroleum and Other Minerals Development Act 1960 ;

Act of 1968 means Continental Shelf Act 1968 ;

Act of 1976 means Gas Act 1976 ;

accepted safety case means a safety case in respect of a designated petroleum activity or activities which has been accepted by the Commission under this Part and includes any revision made to a safety case which

(a) may take effect without prior acceptance by the Commission, or

(b) has been accepted by the Commission;

combined operation means a designated petroleum activity carried out from an installation with another installation for purposes related to the other installation which thereby materially affects the risks to the safety of persons or the protection of the environment on any or all of the installations;

Commission means Commission for Energy Regulation;

competent authority means Commission;

contact points means the body or authority appointed by another Member State without offshore oil and gas operations under its jurisdiction for the purposes of exchanging information with competent authorities in other Member States;

contractor means any entity contracted by an operator or owner to perform any activity on behalf of the operator or owner;

Court means High Court;

decommissioning , in relation to petroleum infrastructure, means taking the facility, structure or installation, or any part of such facility, structure or installation, permanently out of use with a view to its abandonment in situ or removal;

designated area means an area designated by order under section 2 of the Act of 1968;

designated petroleum activity means a petroleum activity which is designated by regulations under section 13D ;

Directive means Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 2 ;

Environmental Liability Regulations means European Communities (Environmental Liability) Regulations 2008 ( S.I. No. 547 of 2008 ) (as amended by the European Communities (Environmental Liability) (Amendment) Regulations 2011 (S.I. No. 307 of 2011));

established petroleum activity means a designated petroleum activity which immediately before 22 May 2010 was being carried out by a petroleum undertaking and continued to be carried on after 22 May 2010 by a petroleum undertaking;

European Union Offshore Oil and Gas Authorities Group means the forum set up under Commission Decision (2012/C18/07) of 19 January 2012 3 ;

exclusive economic zone , internal waters and territorial seas have the meanings assigned to them, respectively, by Part 3 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ;

foreshore has the same meaning as in section 1 of the Foreshore Act 1933 ;

installation means the class of petroleum infrastructure which includes a stationary, fixed or mobile facility, or combination of facilities permanently inter-connected by bridges or other structures, used for carrying out activities or in connection with such activities;

licensed area means the whole or any part of

(a) the State, including the internal waters and the territorial seas, and

(b) a designated area,

in respect of which a petroleum authorisation is in force;

major accident means, in relation to petroleum infrastructure or petroleum activities

(a) an event involving an explosion, fire, loss of well control, or release of oil, gas or dangerous substances involving, or with a significant potential to cause, fatalities or serious personal injury,

(b) an event leading to serious damage of petroleum infrastructure involving, or with a significant potential to cause, fatalities or serious personal injury,

(c) any other event leading to fatalities or serious injury to multiple persons, or

(d) any major environmental incident resulting from incidents referred to in paragraphs (a) , (b) and (c) and which relates to petroleum activities carried out offshore;

major accident hazard means a hazard that if realised could result in a major accident;

major environmental incident means an incident which results, or is likely to result, in significant adverse effects on the environment in accordance with the Environmental Liability Regulations;

non-production installation means the class of installation involved in carrying out offshore petroleum exploration or other designated petroleum activity or activities whilst stationed in the licensed area, but does not include installations involved in production of petroleum;

offshore means situated in the territorial seas, the exclusive economic zone or a designated area;

operator means the entity appointed under section 13KA(1) to conduct designated petroleum activities including managing and controlling the functions of petroleum infrastructure (except non- production installations) in carrying out petroleum activities;

owner means a person entitled to control the operation of a non-production installation;

petroleum includes

(a) any mineral oil or relative hydrocarbon and natural gas and other liquid or gaseous hydrocarbons and their derivatives or constituent substances existing in its natural condition in strata (including, without limitation, distillate, condensate, casinghead gasoline and other substances that are ordinarily produced from oil and gas wells), and

(b) any other substance contained in oil and natural gas brought to the surface with them in the normal process of extraction,

but does not include coal and bituminous shales and other stratified deposits from which oil can be extracted by distillation;

petroleum authorisation means any one or more of the following:

(a) an exploration licence granted under section 8 of the Act of 1960;

(b) a petroleum prospecting licence granted under section 9 of the Act of 1960;

(c) a reserved area licence granted under section 19 of the Act of 1960;

(d) a lease undertaking granted under section 10 of the Act of 1960;

(e) a petroleum lease granted under section 13 of the Act of 1960;

(f) a consent given under section 40 of the Act of 1976;

petroleum incident means an event or occurrence in, at or in the precincts of petroleum infrastructure which is an event or occurrence of a class prescribed by regulations made by the Commission under section 13V and includes all major accidents;

petroleum infrastructure means any facility, structure or installation which is or has been established, maintained or operated, or is intended to be established, for the purpose of carrying on a petroleum activity and includes onshore and offshore facilities, installations and structures or a combination of such facilities, installations and structures;

petroleum undertaking means a person to whom a petroleum authorisation has been given or granted;

processing , in relation to petroleum, means the treatment of unprocessed or partially processed petroleum at a processing plant or terminal or offshore processing installation;

published in the prescribed manner , in relation to any document or information (howsoever described), means

(a) published on a relevant internet website, or

(b) available for inspection, at the offices of the Commission and at all reasonable times, by members of the public;

relevant internet website means the internet website of the Commission (including part of such a website)

(a) to which access is readily available by members of the public, and

(b) where anything published on the website is readily available for inspection by members of the public;

revised safety case means a safety case submitted for review under section 13N ;

safety case means a document, in accordance with the safety case guidelines, describing the components of the safety management system relating to the designated petroleum activity concerned, or the safety and environmental management system with respect to designated petroleum activities carried out offshore (and all petroleum infrastructure associated with carrying out that designated petroleum activity);

safety case guidelines means guidelines prepared under section 13L ;

safety framework means the risk-based petroleum safety framework established under section 13I ;

safety permit means a permit issued under section 13P ;

tripartite consultation means a formal arrangement established by the Commission under section 13H(2) (h) to enable dialogue and cooperation between the Commission, operators and owners, and workers representatives;

upstream pipeline means so much of any pipeline (including the subsea and onshore sections) operated or constructed

(a) as part of a petroleum production project, or

(b) for the purpose of conveying unprocessed petroleum from one or more than one such project to a processing plant or terminal or final coastal landing terminal.

(2) (a) In this Part, petroleum activity includes any activity referred to in paragraph (b)

(i) that is authorised to be carried on under or in connection with a petroleum authorisation,

(ii) which is carried on from, by means of or on, or for purposes connected with, any petroleum infrastructure, and

(iii) which is carried on in a licensed area.

(b) The activities referred to in paragraph (a) include, but are not limited to, the following:

(i) petroleum exploration activities carried on under any one or more of the authorisations referred to in paragraphs (a) to (d) of the definition of petroleum authorisation in subsection (1) and in respect of which petroleum infrastructure for the drilling of exploration wells in the seabed or subsoil is intended to be established, maintained or operated;

(ii) petroleum extraction activities carried on under an authorisation referred to in paragraph (e) of the definition of petroleum authorisation in subsection (1) and in respect of which petroleum infrastructure for the drilling of wells as part of a petroleum field plan of development and the subsequent extraction, and processing of petroleum, and offshore storage and loading of petroleum is intended to be established, maintained or operated;

(iii) activities relating to the conveyance of unprocessed, partially processed or fully processed petroleum by subsea pipelines or vessels and petroleum infrastructure, including the onshore section of any subsea pipeline carried on pursuant to an authorisation referred to in paragraph (f) of the definition of petroleum authorisation in subsection (1) ;

(iv) activities relating to the processing of petroleum at a petroleum processing plant or terminal, offshore installation or other similar facility carried on under the terms and conditions of an authorisation referred to in paragraph (e) of the definition of petroleum authorisation in subsection (1) ;

(v) activities relating to the decommissioning of petroleum infrastructure.

(3) Any reference in this Part to a petroleum activity or a designated petroleum activity includes, unless the context otherwise requires, a reference to the establishment, maintenance or operation of any petroleum infrastructure for the purpose of carrying on the petroleum activity or designated petroleum activity.

(4) A word or expression that is used in this Part and is also used in the Directive has, unless the contrary intention appears, the same meaning in this Part as it has in the Directive. ]

Annotations:

Amendments:

F161

Substituted (29.02.2016) by Petroleum (Exploration and Extraction) Safety Act 2015 (26/2015), s. 2, S.I. No. 109 of 2016.

Editorial Notes:

E52

Prescribed occurrence designated as event or occurrence for purposes of subs. (1), definition of petroleum incident, para. (f) (13.01.2014) by Petroleum Safety (Petroleum Incident) Regulations 2014 (S.I. No. 4 of 2014), reg. 4, in effect as per reg. 2.

E53

Previous affecting provision: section inserted (22.05.2010) by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(d), S.I. No. 227 of 2010; substituted as per F-note above.

2 OJ No. L178, 28.6.2013 p.66

3 OJ No. C18, 21.1.2012, p.8

13B

F162 [ Safety obligations.

13B. Nothing in this Part shall be read so as to be restrictive of any other duty, requirement or obligation imposed by law in respect of safety which would otherwise apply to a petroleum undertaking. ]

Annotations:

Amendments:

F162

Inserted (22.05.2010) by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(d), S.I. No. 227 of 2010.

13C

F163 [ Application of Part IIA .

13C. This Part applies to any petroleum undertaking that

( a ) proposes to carry on a designated petroleum activity, or

( b ) is carrying on an established petroleum activity. ]

Annotations:

Amendments:

F163

Inserted (22.05.2010) by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(d), S.I. No. 227 of 2010.

13D

F164 [ Designated petroleum activity.

13D. (1) Subject to subsection (3) , the Commission shall, where safety considerations render it appropriate, by regulation, designate for the purposes of this Part any petroleum activity or a class or classes of such activity to be a designated petroleum activity.

(2) For the purposes of making a designation under subsection (1) , the Commission shall have regard to the following:

( a ) the nature of the petroleum activity;

( b ) the type of petroleum infrastructure;

( c ) an assessment of the risks posed by the carrying on of the petroleum activity;

( d ) the safety measures required to reduce the risks;

( e ) the extent to which the petroleum activity and petroleum infrastructure is regulated by or under another Act of the Oireachtas.

(3) ( a ) Before making a designation under subsection (1) , the Commission shall for the purpose of satisfying itself that it is appropriate and in the public interest that the petroleum activity or class or classes of such activity be designated

(i) consult with the persons specified in paragraph ( b ), and

(ii) give interested persons, organisations and other bodies an opportunity to make representations to it concerning the proposed designation,

( b ) The Commission shall consult with

(i) The National Standards Authority of Ireland,

(ii) the Health and Safety Authority,

(iii) the Environmental Protection Agency,

(iv) the Minister for Transport,

(v) the Irish Aviation Authority, and

(vi) such other persons as may be prescribed by order by the Minister. ]

Annotations:

Amendments:

F164

Inserted (18.12.2013) by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(d), S.I No. 500 of 2013.

Editorial Notes:

E54

Power pursuant to subs. (1) exercised (30.11.13) by Petroleum Safety (Designation of Certain Classes of Petroleum Activity) Regulations 2013 (S.I. No. 89 of 2013), in effect as per reg. 2.

13E

F165 [ Prohibition on carrying on designated petroleum activity without safety permit.

13E. (1) A person shall not carry on a designated petroleum activity or, subject to section 13M(2) ( b ), an established petroleum activity, unless a safety permit is in force in respect of the petroleum activity concerned.

(2) A person who contravenes subsection (1) commits an offence.

(3) A person who commits an offence under subsection (2) is liable

( a ) on summary conviction to a fine not exceeding 5,000 or a term of imprisonment not exceeding 6 months or both, or

( b ) on conviction on indictment to a fine not exceeding 3,000,000 or a term of imprisonment not exceeding 3 years or both. ]

Annotations:

Amendments:

F165

Inserted (18.12.2013) by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(d), S.I. No. 500 of 2013.

13F

F166 [ Conditions attaching to petroleum authorisations.

13F. It shall be a condition of every petroleum authorisation that purports to authorise a person to carry on a designated petroleum activity or an established petroleum activity that person hold a safety permit mentioned in section 13E(1) in respect of any such activity carried on after the commencement of this section. ]

Annotations:

Amendments:

F166

Inserted (18.12.2013) by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(d), S.I. No. 500 of 2013.

13G

F167 [ Object of Commission relating to petroleum safety.

13G. The principal objective of the Commission in exercising its functions under this Part is to protect the public by fostering and encouraging safety as respects the carrying on of designated petroleum activities. ]

Annotations:

Amendments:

F167

Inserted (22.05.2010) by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(d), S.I. No. 227 of 2010.

13GA

F168 [ Competent authority

13GA. (1) The Commission is appointed as the competent authority in the State for the purposes of Article 8 of the Directive.

(2) The principal objective of the Commission in exercising its functions as competent authority is the effective safety regulatory oversight of operator and owner compliance with this Part in reducing the risk and potential consequences (including major environmental incidents) of major accidents offshore to a level that is as low as is reasonably practicable.

(3) The Commission shall

(a) monitor and enforce compliance by operators and owners with their obligations under this Part with respect to safety;

(b) regularly exchange knowledge, information and experience with other competent authorities in other Member States, inter alia, through the European Union Offshore Oil and Gas Authorities Group;

(c) prepare and submit an annual report to the European Commission;

(d) co-operate with other competent authorities and contact points under Article 27 of the Directive;

(e) establish mechanisms for

(i) the confidential reporting of safety and environmental concerns relating to offshore designated petroleum activities from any source, and

(ii) the appropriate investigation of such reports while maintaining the anonymity of the individuals concerned;

(f) prepare and send to the European Commission a report of the summary findings of any investigation of petroleum incidents which resulted in an offshore major accident, at the conclusion of the investigation or at the conclusion of the legal proceedings with respect to the petroleum incident as appropriate;

(g) operate in accordance with the requirements of this Act and Annex III to the Directive.

(4) Where the Commission considers that a major accident hazard relating to designated petroleum activities to be carried out offshore is likely to have significant effects on the environment in another Member State, the Commission shall, prior to making its decision under section 13P(1) to accept a safety case or a revised safety case, forward the relevant information to the competent authority of the potentially affected Member State. The Commission shall endeavour, jointly with the competent authority of that Member State, to adopt measures to prevent damage without prejudice to its regulatory functions.

(5) The Commission may

(a) advise the Minister on matters relating to the functions and obligations of the competent authority;

(b) request a petroleum undertaking, operator or owner to provide a report on the circumstances of any major accident in which they have been involved, either themselves or through subsidiaries outside of the European Union. The report shall be in such form, provided in such timeframe, and accompanied by such additional information and particulars as may be determined by the Commission. ]

Annotations:

Amendments:

F168

Inserted (29.02.2016) by Petroleum (Exploration and Extraction) Safety Act 2015 (3/2015), s. 3, S.I. No. 109 of 2016.

13H

F169 [ Functions of Commission relating to petroleum safety

13H. (1) The Commission shall do all things necessary and reasonable to further its objectives and shall exercise its powers and perform its functions in the public interest.

(2) Without prejudice to the generality of subsection (1) , the Commission s functions under this Part are

(a) to regulate designated petroleum activities with respect to safety, which may include specifying standards and codes of practice referred to in section 13L(3) ,

(b) subject to sections 13S to 13U , to investigate and report to the Minister in writing on petroleum incidents,

(c) to monitor and enforce compliance by petroleum undertakings, operators and owners with their obligations under this Part,

(d) to issue safety permits,

(e) to provide safety information to the public when appropriate,

(f) to assess, and where relevant accept or reject, safety cases and notifications submitted by operators and owners under this Part,

(g) to carry out the objectives of the competent authority as set out in section 13GA ,

(h) to establish a mechanism for tripartite consultation on

(i) the safety framework established under section 13I ,

(ii) the safety case guidelines under section 13L ,

(iii) matters set out in Annex VI to the Directive, and

(iv) any other matter considered necessary by the Commission.

(3) The Commission shall, in performing its functions under this Part, have regard to

(a) such functions with respect to the safety of petroleum activities as may be performed by the persons specified in subsection (4) ,

(b) the need to co-operate and consult with the persons specified in subsection (4) for the purpose of

(i) encouraging and fostering safety in the carrying on of petroleum activities, and

(ii) avoiding duplication of activities by the Commission and the persons specified in subsection (4) .

(4) The following are the persons to whom paragraphs (a) and (b) of subsection (3) apply:

(a) the National Standards Authority of Ireland;

(b) the Health and Safety Authority;

(c) the Environmental Protection Agency;

(d) the Minister for Transport, Tourism and Sport;

(e) the Irish Aviation Authority;

(f) such other persons as may be prescribed by order by the Minister.