C52

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.

...

C53

References to "lines" construed as "electric lines" (19.06.2014) by ESB (Electronic Communications Networks) Act 2014 (5/2014), s. 4(1), S.I. No. 286 of 2014.

Electric line

4. (1) A reference to an electric line wherever it occurs in the ESB Acts 1927 to 2014 shall be construed and have effect and be deemed always to have had effect as meaning any line which is used solely or amongst other things for carrying electricity for any purpose and as including—

(a) any support for any such line, that is to say, any structure, pole or other thing in, on, by or from which any such line may be supported, carried or suspended,

(b) any apparatus connected to or associated with any such line for the purpose of carrying electricity or electronic communications services, whether such apparatus is owned by the Board or by any company referred to in section 2 or by a company which has been provided access or services referred to in section 3, or

(c) any wire, cable, tube, pipe or similar thing (including its casing or coating) which is used for the purpose of carrying electricity or electronic communications services and which surrounds or supports or is surrounded or supported by, or is installed in close proximity to, or is supported, carried or suspended in association with, any such line.

(2) In section 51(1) of the Principal Act a reference to lines shall be read and be deemed always to have been read as a reference to electric lines (within the meaning of subsection (1) of this section).

...

C54

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.

C55

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.

C56

Application of section extended (14.07.1999) by Electricity Regulation Act 1999 (23/1999), s. 48, S.I. No. 213 of 1999.

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

48.—The power to lay electric lines conferred on the Board by section 51 and section 52(1) of the Principal Act may, with the consent of the Commission, also be exercised by the holder of an authorisation or the holder of a direct line permission under section 37 and the said section 51 and 52(1) shall apply to the holder of an authorisation or the holder of a direct line permission under the said section 37 in like manner as they apply to the Board.

C57

Application of subss. (1) and (2) extended (7.07.1935) by Electricity (Supply) (Amendment) Act 1935 (20/1935), s. 2(1), (2), commenced on enactment.

Amendment of section 51 of the Principal Act.

2.—(1) The power conferred on the Board by sub-section (1) of section 51 of the Principal Act to lay lines for the transmission and lines for the distribution of electricity along or across any street, road, railway, or tramway shall include and be deemed always to have included power to lay such lines above ground at any height and also power to erect, in or on any such street, road, railway, or tramway, such posts, poles, and other erections as the Board shall consider to be necessary or proper for carrying or supporting any such line so laid, and the power conferred on the Board by the said sub-section to break up any street, road, railway, or tramway shall include and be deemed always to have included power to break up any street, road, railway, or tramway for the purpose of erecting therein or thereon such posts, poles and other erections as aforesaid.

(2) The power conferred on the Board by sub-section (2) of section 51 of the Principal Act to confer on any authorised undertaker power to lay electric lines along or across any street, road, railway or tramway shall include and be deemed always to have included power to confer on any authorised undertaker a like power to lay such lines above ground at any height and also a like power to erect, in or on any such street, road, railway, or tramway, such posts, poles, and other erections as such authorised undertaker shall consider to be necessary or proper for carrying or supporting any such line so laid, and power to break up such street, road, railway, or tramway for the purpose of erecting any such post, pole, or other erection.

...