Electricity Regulation Act 1999

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, F37 [ ]

F38 [ ( 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,

F39 [ ( 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, ] ]

F40 [ ( 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 ) F41 [ ]

( di ) F41 [ ] ]

F42 [ ( 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,

F43 [ ( 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, ] ]

F44 [ ( 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 F45 [ Act, ] ]

F46 [ ( 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, ]

F47 [ ( ec ) to consult with The National Standards Authority of Ireland regarding standards and specifications relating to F48 [ gas safety, ] ]

F49 [ ( ed ) to regulate the activities of LPG installers with respect to safety, ]

F50 [ ( 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,

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

F51 [ ( 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,

( 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, ]

F52 [ ( 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, ]

F53 [ ( 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, F54 [ ]

F55 [ ( j ) to comply with and implement relevant legally binding decisions of the Agency and of the European Commission, ] ]

F56 [ ( k ) to collect and recover the carbon revenue levy (within the meaning of section 40D ) under F57 [ Part VIB , ] ]

F58 [ (ka) to act as the competent authority for the purposes of European Communities (Geological Storage of Carbon Dioxide) Regulations 2011 and 2014, ]

F59 [ (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,

F60 [ (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. ] ]

F61 [ (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. ]

F62 [ (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. ]

F63 [ (1BA) F64 [ ] ]

F65 [ (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 . ]

F66 [ (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,

F67 [ ]

(ii) F67 [ ]

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 . ]

F68 [ (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. ]

F69 [ (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. ]

F70 [ (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 . ]

F71 [ (1G) F72 [ ( 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 F73 [ and LPG installers ] ,

(iii) procedures for the investigation of complaints regarding the competence of any particular natural gas installer F74 [ or LPG installer ] ,

F75 [ (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. ]

F76 [ (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.

F77 [ (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. ]

F78 [ (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;

F79 [ ]

( e) to require that the system operator gives priority to generating stations using renewable, sustainable or alternative energy sources when selecting F80 [ generating stations, and ]

F81 [ ( 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. ]

F82 [ (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. ]

F83 [ (6) In carrying out its functions pursuant to this Act, the Commission shall:

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

F84 [ ( 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:

F37

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).

F38

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).

F39

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).

F40

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

F41

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

F42

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).

F43

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).

F44

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

F45

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

F46

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

F47

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

F48

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

F49

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

F50

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).

F51

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).

F52

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).

F53

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.

F54

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

F55

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).

F56

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

F58

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

F59

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).

F60

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

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)(g).

F62

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).

F63

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

F64

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).

F65

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).

F66

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).

F67

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).

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)(l).

F69

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.

F70

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

F71

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

F72

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

F73

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

F74

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

F75

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

F76

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

F77

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

F78

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).

F79

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.

F80

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.

F81

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.

F82

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

F83

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

F84

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.

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Editorial Notes:

E7

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.

E8

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.

E9

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.

E10

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.

E11

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).

E12

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.

E13

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.

E14

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.

E15

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.

E16

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.

E17

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.

E18

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.

E19

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.

E20

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.

E21

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.

E22

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.

E23

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.

E24

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.

E25

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.

E26

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.

E27

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).

E28

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.

E29

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.

E30

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.

E31

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.