Electricity (Supply) Act 1927

Certain general powers of the Board.

20

20.(1) The Board may, subject to and in accordance with the particular provisions of this Act, distribute and supply electricity (whether generated or purchased by it) in any part of Saorstát Eireann either in bulk or to individual consumers and shall for the purposes of such distribution and supply have and be subject to all the rights, powers, obligations, and duties conferred or imposed by this Act on an authorised undertaker but the Board shall not under this sub-section distribute or supply electricity in bulk or otherwise to any person or premises within the area of supply of an authorised undertaker save either with the consent of such authorised undertaker or under and in accordance with a particular power in that behalf conferred on the Board by this Act.

(2) The Board may by special order constitute itself to be the authorised undertaker for any particular area specified in that behalf in such order which at the date of such order is not included in and does not include the whole or any part of the area of supply of an authorised undertaker and every such special order—

(a) may be modified or revoked by the Board as and when it thinks fit,

(b) shall continue in force and operation during the period specified in that behalf therein or, if no such period is so specified, until revoked by the Board,

(c) shall operate to confer on the Board the exclusive right to supply electricity in the area to which the order relates and to confer and impose on the Board in or in relation to such area and the generation, distribution, and supply of electricity by the Board therein all the rights and powers and all the obligations and duties conferred or imposed by this Act on an authorised undertaker in or in relation to his area of supply, save that where any such power is only exercisable with the consent of the Board the exercise of such power by the Board shall be sufficient evidence of its consent to such exercise.

(3) Subject to the provisions of this Act the Board may construct, re-construct, maintain, and operate electric generating stations, transformer stations and other stations and places for transforming, storing, or otherwise dealing with electricity and extend or enlarge the transmission system of the Shannon works and construct, re-construct, maintain, and operate such other lines and works as the Board may think fit.

(4) For the purpose of the exercise or performance of any of the powers or functions conferred on the Board by this Act, the Board may enter on any lands or premises and there make such inquiries, investigations, and examinations as it thinks proper.

Annotations

Modifications (not altering text):

C26

References to "transmission system of the Board" construed by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 25(1)(d), (e) as inserted (3.12.2022) by European Union (internal Market in Electricity) (No. 5) Regulations 2022 (S.I. No. 619 of 2022), reg. 3(d)(iii).

Grid code and distribution code.

25. (1) For the purposes of Part V of the Act of 1999—

(a) any existing duty, obligation or requirement on the Board in respect of the transmission system [owned by the Board] which relates to functions conferred on the transmission system operator by or under these Regulations shall be regarded as a duty, obligation or requirement on the transmission system operator, and not on the Board.

(b) any existing duty, obligation or requirement on the Board in relation to the operation of the distribution system which is transferred to the distribution system operator by or under these Regulations shall be regarded as a duty, obligation or requirement on the distribution system operator, licensed under section 14(1)(g) of the Act of 1999, [...]

(c) any existing duty, obligation or requirement on the Board in relation to the ownership of the transmission system which is transferred to the transmission system owner by or under these Regulations shall be regarded as a duty, obligation or requirement on the transmission system owner, licensed under section 14(1)(f) of the Act of 1999, and Part V of the Act of 1999 shall be construed accordingly.

[(d) any duty, obligation or requirement of the Board in relation to ownership of the transmission system shall be treated as a duty, obligation or requirement of the transmission system operator, licenced under section 14(1)(e) of the Act of 1999, insofar as it relates to the transmission system owned by the transmission system operator, and

(e) any reference to the transmission system of the Board shall, with the necessary modification, be construed as a reference to the transmission system of the transmission system operator,]

and Part V of the Act of 1999 shall be construed accordingly.

...

C27

Certain functions of Board regarded as functions of Distribution System Operator (1.01.2009) by European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008 (S.I. No. 280 of 2008), reg. 24(b), in effect as per regs. 1(3), 8(1) and notice in Iris Oifigiúil no. 105 of 2008 published 30.12.2008.

Certain functions of the Board to be regarded as functions of the Distribution System Operator

24. Any function of the Board under— ...

(b) section 19, 20, 27, 28, 44, 47, 51, 58, 59, 62, 84 or 100 of the Electricity (Supply) Act 1927 (No. 27 of 1927),

...

which is necessary for the discharge of the Distribution System Operator’s functions under the Act of 1999 or the European Communities (Internal Market in Electricity) Regulations 2000 to 2007 shall, to that extent, be regarded as a function of the Distribution System Operator and not of the Board, other than where it is also necessary for the Board to discharge its functions as Distribution System Owner in which case that function shall be a function of both the Board and the Distribution System Operator.

C28

Certain functions of Board regarded as functions of transmission system operator (20.06.2001) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), in effect as per regs. 1(2)(b), 3 and notice in  Iris Oifigiúil no. 50 of 2001 published 22.06.2001.

Functions of transmission system operator.

8. ...

(2) Any function of the Board under- ...

(b) section 19, 20, 27, 28, 44, 47, 51, 58, 59, 62, 84 or 100 of the Electricity (Supply) Act 1927,

...

which is necessary for the discharge of the transmission system operator's functions under these Regulations shall, to that extent, be regarded as a function of the transmission system operator and not of the Board, other than where it is also necessary for the Board to discharge its functions as transmission system owner in which case that function shall be a function of both the Board and the transmission system operator.

C29

Application of subs. (3) extended (29.01.1941) by Electricity (Supply) (Amendment) Act 1941 (1/1941), s. 3(1), commenced on enactment.

Electric generating stations using peat.

3.—(1) For the purpose of removing doubts it is hereby declared that the powers and functions given to the Board by sub-section (3) of section 20 of the Principal Act include the construction, maintenance, and operation of electric generating stations designed for using peat as fuel either alone or together with other kinds of fuel and every reference to the powers and functions of the Board contained in the Electricity (Supply) Acts 1927 to 1935, shall be construed and have effect accordingly.

...

C30

Application of subs. (3) extended (23.07.1932) by Electricity (Supply) (Amendment) Act 1932 (15/1932), s. 5(1), commenced on enactment.

Additional functions of the Board.

5.—(1) The powers conferred on the Board by sub-section (3) of section 20 of the Principal Act shall include the enlargement or extension of the Shannon works by the installation, with the sanction of the Minister, of turbines, dynamos, and other machinery and equipment for generating electricity, either in addition to or in substitution for machinery in the said works at the time of such installation, and to erect buildings and install incidental equipment and fittings and do such other things as may be reasonably necessary for the efficient installation and operation of such machinery.

...