Electricity (Supply) Act 1927

Scales of methods and rates of charge.

59

59.(1) The Board may make scales fixing the methods of charge and the rates of charge for electricity (whether supplied in bulk or otherwise) by the Board and by authorised undertakers and permitted undertakers respectively and may at any time and from time to time as the Board thinks fit revise or revoke the scales so made or any part thereof or any particular item therein.

(2) The Board in making scales fixing the methods of charge and rates of charge for electricity supplied to consumers in a district served by a transformer station which is co-terminous with or includes an area which was previously the area of supply of an authorised undertaker whose undertaking has been acquired by the Board under this Act shall not include any charge in respect of liabilities assumed or payments made by the Board in consequence of the acquisition by the Board under this Act of an undertaking in a district served by any other transformer station.

(3) Before making, revising or revoking any scale fixing the methods of charge and the rates of charge for electricity by any authorised undertaker or any permitted undertaker the Board shall send by post to such authorised undertaker or such permitted undertaker notice in writing signifying its intention so to do, and the Board shall not make, revise or revoke any such scale as aforesaid until the expiration of a period of one month from the date of such notice.

(4) Every authorised undertaker or permitted undertaker upon receipt by him of a notice under this section signifying the intention of the Board to make a scale fixing the methods of charge and the rates of charge for electricity by such authorised undertaker or such permitted undertaker or signifying the intention of the Board to revise or revoke any such scale may (where such notice relates to the making of any such scale as aforesaid) not later than one month from the date of such notice, submit to the Board a scale of methods of charge and rates of charge for electricity by such authorised undertaker or such permitted undertaker and may (where such notice relates to the revision or revocation of any such scale as aforesaid) not later than one month from the date of such notice, submit to the Board such revision or revocation of the scale to which such notice relates or of any part thereof or of any particular item therein as such authorised undertaker or such permitted undertaker thinks fit, and the Board shall consider every scale of methods of charge and rates of charge for electricity and every revision or revocation of any such scale or of any part thereof or of any particular item therein submitted to the Board under this section.

(5) Any scale fixing the methods of charge or the rates of charge for electricity made under this section may relate to the supply of electricity in bulk for resale and distribution or to the supply of electricity direct to consumers or to both such forms of supply, and any such scale may apply to the whole of Saorstát Eireann or to any specified part thereof or to any one or more areas of supply or to any one or more transmission systems or any one or more parts thereof or to any one or more classes of consumers.

(6) Every scale made by the Board fixing the methods of charge and the rates of charge for electricity by a local authority which is an authorised undertaker shall be made and from time to time revised by the Board so that, as far as is reasonably practicable, no contribution from any rate made by such local authority will be required for the purpose of defraying any expenses which such local authority may incur whether under this Act or otherwise in respect of the authorised undertaking of such local authority.

(7) The Board shall not make any scale fixing the methods of charge and the rates of charge for electricity by a local authority which is an authorised undertaker whereby the charge for electricity used by such local authority for lighting purposes shall be fixed at a rate which is higher than the rate fixed for consumers using electricity for lighting purposes and for the like hours of supply.

(8) So long as any such scale as aforesaid is in force it shall not be lawful for any authorised undertaker or any permitted undertaker to whom such scale applies to give any supply of electricity to which such scale applies at any other price than the price fixed by such scale, and every authorised undertaker or permitted undertaker who gives any supply of electricity in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for every day during which such supply is so given.

(9) Notwithstanding anything contained in this section, any authorised undertaker who has contracted before the thirty-first day of March, 1927, or shall contract with the consent of the Board after the passing of this Act to give a supply of electricity at a price fixed by or under the contract may, so long as such contract continues binding on him, perform his obligations under such contract.

Annotations

Modifications (not altering text):

C69

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.

...

C70

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.

C71

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.