Electricity Regulation Act 1999

F191[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,

F192[(ii) the Joint Committee referred to in paragraph 26 of Schedule 1 of this Act,

(iii) the SEM Committee, and]

F193[(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 F194[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.

F195[(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) F196[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.

F197[(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 Oifigiúil.]

F198[(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:

F191

Inserted (24.12.2006) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 7, commenced on enactment.

F192

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.

F193

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.

F194

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.

F195

Inserted (1.11.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 11(b), S.I. No. 731 of 2007.

F196

Substituted (1.11.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 11(c), S.I. No. 731 of 2007.

F197

Inserted (1.11.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 11(d), S.I. No. 731 of 2007.

F198

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).