Electricity Regulation Act 1999

Number 23 of 1999

ELECTRICITY REGULATION ACT 1999

REVISED

Updated to 25 July 2024

This Revised Act is an administrative consolidation of the Electricity Regulation Act 1999. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), enacted 23 July 2024, and all statutory instruments up to and including the Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 1) Order 2024 (S.I. No. 377 of 2024), made 25 July 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 23 of 1999

ELECTRICITY REGULATION ACT 1999

REVISED

Updated to 25 July 2024

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title and commencement.
2.	Interpretation.
2A.	Position of interconnectors as respects transmission system.
3.	Laying of orders, etc.
4.	Service of notices.
5.	Offences by bodies corporate.
6.	Prosecution of offences.
7.	Combined heat and power.

PART II

Establishment of Commission for Electricity Regulation

8.	Establishment of Commission.
8A.	Single Electricity Market Committee.
8B.	Commission and working arrangements as respects Single Electricity Market.
9.	Functions of Commission.
9A.	Approval of terms and conditions.
9B.	Functions of Commission regarding all island energy market.
9BA.	Functions of Commission relating to the Single Electricity Market.
9BB.	Restriction on disclosure of information.
9BC.	Principal objective and functions of Minister, the Commission and SEM Committee in carrying out their functions in relation to the Single Market.
9BD.	Performance of functions relating to the Single Market.
9C.	Functions of Commission relating to electrical safety.
9D.	Regulation of electrical contractors.
9E.	Designated electrical works.
9EA.	Electrical investigation officer.
9F.	Regulation of gas installers.
9G.	Gas Works.
9H.	Regulation relating to gas safety.
9I.	Gas emergency officers.
9J.	Gas safety officers.
9JA.	Improvement plan.
9JB.	Improvement notice.
9JC.	Prohibition notice.
9JD.	Restricting or prohibiting LPG or natural gas activities in emergencies.
9JE.	LPG safety licences.
9JF.	Fees relating to applications for LPG safety licences.
9JG.	Regulations (LPG Incidents).
9K.	Extension of gas safety provisions to liquefied petroleum gas.
9L.	Energy efficiency tariffs.
9M.	Informative billing.
9N.	Functions of the Commission under Part IIA relating to petroleum safety.
9O.	Regional coordination centres.
9P.	Functions of Commission in relation to Electricity Costs Emergency Benefit Scheme.
9Q.	Functions of Commission in relation to Electricity Costs Emergency Benefit Scheme II
9R.	Functions of Commission in relation to Electricity Costs Emergency Benefit Scheme III and Submeter Support Scheme
10.	Directions to Commission.
10A.	Policy directions to Commission.
11.	Authorised officers.
12.	Search warrants.
13.	Prohibition on unauthorised disclosure of information.

PART IIA

Regulation of petroleum activities

13A.	Interpretation (Part IIA).
13B.	Safety obligations.
13C.	Application of Part IIA.
13D.	Designated petroleum activity.
13E.	Prohibition on carrying on designated petroleum activity without safety permit.
13F.	Conditions attaching to petroleum authorisations.
13G.	Object of Commission relating to petroleum safety.
13GA.	Competent authority.
13H.	Functions of Commission relating to petroleum safety.
13HA.	Emergency preparedness.
13I.	Safety framework.
13J.	Directions by Minister.
13K.	General duties of petroleum undertakings.
13KA.	Obligations on petroleum undertakings.
13KB.	Obligations on operators.
13KC.	Obligations on owners.
13L.	Safety case guidelines.
13M.	Safety case.
13MA.	Revised safety case - transitional arrangement.
13N.	Review and revision of safety case.
13O.	Duty to conform with safety case.
13OA.	Notifications.
13P.	Safety permit.
13Q.	Refusal or revocation of safety permit.
13R.	Fees relating to consideration of safety case.
13S.	Reportable petroleum incident.
13T.	Actions Commission may take following petroleum incident.
13U.	Reporting of petroleum incidents to Minister by Commission.
13V.	Regulations (Part IIA).
13W.	Petroleum safety officers.
13X.	Emergency direction.
13Y.	Improvement plan.
13Z.	Improvement notice.
13AA.	Prohibition notice.
13AB.	Circumstances in which application may be made to court for immediate suspension of petroleum activities.
13AC.	Access to safety case information.
13AD.	Contraventions in licensed area.

PART III

Licences and Authorisations

14.	Licences to generate and supply electricity.
14A.	Transitional power to modify licence conditions concerning Single Electricity Market.
14B.	Supplementary power to modify licence conditions. (Repealed)
15.	Permits under section 37 of Principal Act.
16.	Authorisations to construct or reconstruct a generating station.
16A.	Construction of an interconnector.
17.	Application for authorisation.
18.	Orders specifying criteria for considering applications for authorisations.
19.	Modification of licence or authorisation.
20.	Procedures to be followed before modifying licences or authorisations.
21.	Public hearings of Commission.
22.	Determination by Commission following public hearing.
23.	Directions by Commission to protect public health, etc.
24.	Issue of notice by Commission concerning contraventions, etc.
25.	Determination by Commission of specified breach.
26.	Compliance with direction or determination.
27.	Eligible customers. (Repealed)
28.	Purchase of electricity from combined heat and power. (Repealed)

PART IIIA

Registration of market participants that are not electricity undertakings

28A.	Interpretation (Part IIIA).
28AB.	Register of relevant market participants.
28AC	Registration for purpose of engaging in electricity activity.
28AD.	Application for registration.
28AE.	Consideration of application by Commission.
28AF.	Modification of registration.
28AG.	Functions of Commission for purpose of ensuring compliance by relevant market participant with registration.

PART IV

Appeal Panels

29.	Establishment of Appeal Panel.
30.	Functions of Appeal Panel.
31.	Orders for establishment of Appeal Panels and related matters.
32.	Review of determination of Commission.

PART V

Access to Transmission and Distribution Systems

33.	Preparation of grid code and distribution code.
34.	Terms for connection to and use of transmission or distribution system.
34A.	Terms of access to interconnector.
34B.	Arrangements and agreements relating to transmission system and All-Island Transmission Networks.
35.	Charges for connection to and use of transmission or distribution system.
36.	Approval by Commission of statement of charges.
36A.	Charges of Market Operator.
36B.	Approval by Commission of statement of charges of market operator.
37.	Direct lines.
38.	Estimate of capacity, forecast flows and loading.

PART VI

Public Service Obligations and Transitional Arrangements

39.	Public service obligations.
40.	Transitional arrangements.

PART VIA

Emergency measures in event of a crisis

40A.	Emergency measures.

PART VIB

Carbon revenue levy

40B.	Interpretation.
40C.	Application of Part VIB to certain electricity generators.
40D.	Carbon revenue Levy.
40E.	Calculation of amount of carbon revenue levy.
40F.	Percentage rate.
40G.	Returns to Commission.
40H.	Notice of amount of carbon revenue levy.
40I.	Payment of carbon revenue levy.
40J.	Condition of licences granted under section 14(1)(a).
40K.	Interest on unpaid amount of carbon revenue levy.
40L.	Recovery of unpaid carbon revenue levy and interest.
40M.	Proceeds of carbon revenue levy.

PART VII

Consequential Repeals and Amendments

41.	Repeals.
42.	Amendment of section 35 of Principal Act.
43.	Amendment of section 45 of Principal Act.
44.	Amendment of section 77 of Principal Act.
45.	Amendment of section 98 of Principal Act.
46.	Amendment of Freedom of Information Act, 1997.

PART VIII

Miscellaneous

47.	Compulsory acquisition of land by Commission, etc.
48.	Construction of sections 51 and 52(1) of Principal Act.
49.	Construction of section 53 of Principal Act.
50.	Construction of section 54 of Principal Act.
51.	Construction of section 91 of Principal Act.
52.	Application of certain regulations.
53.	Amendment of section 2(2) of Electricity (Supply) (Amendment) Act, 1949.
54.	Repeal of section 2(3), (4) and (6) of Electricity (Supply) (Amendment) Act, 1949.

PART IX

Power To Carry out investigations and impose administrative sanction

55.	Definitions (Part IX and Schedule 4).
56.	Appointment of inspectors.
57.	Investigation.
58.	Power of inspectors.
59.	Actions to be taken by inspector upon completion of investigation.
60.	Actions to be taken by Commission on receipt of investigation report.
61.	Confirmation of High Court required before decision to impose sanction takes effect.
62.	Appeal to High Court against decision to impose major sanction.
63.	Application to High Court to confirm decision to impose major sanction.
64.	Provisions supplemental to decisions of High Court.
65.	Matters to be considered in determining sanction to be imposed.
66.	Powers of Commission.

SCHEDULE 1

The Commission for Electricity Regulation

SCHEDULE 1A

Single electricity market

SCHEDULE 2

Categorisation of accounts

SCHEDULE 3

Combined heat and power

SCHEDULE 4

provisions applicable to oral hearings conducted pursuant to section 58 or 60

Acts Referred to
	Acquisition of Land (Assessment of Compensation) Act, 1919	1919, c. 20
	Companies Acts, 1963 to 1990
	Courts Act, 1981	1981, No. 11
	Electricity (Supply) Act, 1927	1927, No. 27
	Electricity (Supply) Acts, 1927 to 1995
	Electricity (Supply) (Amendment) Act, 1949	1949, No. 12
	European Parliament Elections Act, 1997	1997, No. 2
	Freedom of Information Act, 1997	1997, No. 13
	Petty Sessions (Ireland) Act, 1851	14 & 15 Vict., c. 93

Number 23 of 1999

ELECTRICITY REGULATION ACT 1999

REVISED

Updated to 25 July 2024

AN ACT TO ENABLE EFFECT TO BE GIVEN TO DIRECTIVE NO. 96/92/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 19 DECEMBER 1996⁽¹⁾, TO ESTABLISH A BODY KNOWN AS AN COIMISIÚN UM RIALÁIL LEICTREACHAIS OR IN THE ENGLISH LANGUAGE THE COMMISSION FOR ELECTRICITY REGULATION, TO GIVE POWER TO THAT COMMISSION TO GRANT LICENCES TO GENERATE AND SUPPLY ELECTRICITY AND TO GRANT AUTHORISATIONS TO CONSTRUCT GENERATING STATIONS, TO PROVIDE FOR ACCESS TO THE TRANSMISSION OR DISTRIBUTION SYSTEM BY HOLDERS OF LICENCES, HOLDERS OF AUTHORISATIONS OR BY ELIGIBLE CUSTOMERS, TO AMEND AND REPEAL CERTAIN PROVISIONS OF THE ELECTRICITY (SUPPLY) ACT, 1927 AND TO PROVIDE FOR RELATED MATTERS. [11th July, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Collective citation by Maritime Area Planning Act 2021, s.1(3), S.I. No. 394 of 2022.

Application of collectively cited Electricity and Gas Regulation Acts 1999 to 2002 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

Electricity and Gas Regulations Acts 1999 to 2002

...

Functions transferred and “Minister for” and “Department of Public Enterprise” construed (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), arts. 3 and 4, subject to transitional provisions in arts. 5-9.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.

(2) References to the Department of Public Enterprise contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine and Natural Resources.

4. (1) The functions vested in the Minister for Public Enterprise -

(a) by or under any of the enactments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

(b) under the Regulations mentioned in Part 2 of that Schedule, and

(c) in relation to the Geological Survey of Ireland, are transferred to the Minister for the Marine and Natural Resources.

(2) References to the Minister for Public Enterprise contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Reso(fb)(

SCHEDULE

PART 1.

Enactments and provisions of enactments, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.

...

Electricity and Gas Regulation Acts 1999 to 2002

...

Revised Acts

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