Electricity Regulation Act 1999

Licences to generate and supply electricity.

14

F292[14.(1) The Commission may grant or refuse to grant to F293[any person who is an electricity undertaking or who intends to carry out a function of an electricity undertaking] a licence

(a) to generate electricity,

(b) to supply electricity to eligible customers,

(c) F294[]

(d) F294[]

(e) to discharge the functions of the transmission system operator,

(f) to discharge the functions of the transmission system owner,

(g) to discharge the functions of the F295[distribution system operator,]

(h) to discharge the functions of the F296[public electricity supplier, or]

F297[(i) to transport electricity across and F298[maintain an interconnector,]]

F299[(j) to act as the Single Electricity Market operator,]

F300[(k) to discharge the functions of Distribution System F301[Owner,] ]

F302[(l) to carry out the function of aggregation,

(m) to carry out the function of demand response, and

(n) to carry out the function of energy storage,]

F303[(o) to discharge the functions of an electricity undertaking engaged in purchasing electricity, not for own use]

and where the Commission grants such a licence, that licence shall be subject to such terms and conditions as may be specified in the licence.]

F304[(1A) The Commission may by order provide that a person generating electricity by means of a specified class or classes of generating station shall stand licensed to generate electricity subject to such terms and conditions as may be specified in such order.

(1B) The Commission may by order amend or revoke an order made under subsection (1A) of this subsection.

(1C) The Commission shall not make an order under subsection (1A) or (1B) unless a notice of intention to make such an order is published in at least one newspaper circulating in the State at least one month before the making of the order.

(1D) The draft order shall be published by the Commission in such manner as it shall determine, so as to bring it to the attention of those likely to be affected by it and the notice of intention published under subsection (1C) shall state the manner in which a copy of the draft order may be obtained.]

(2) The Commission may grant to the Board a licence to supply electricity to eligible customers, subject to terms and conditions as may be specified in the licence.

F305[(2A) A licence under paragraph (e) of subsection (1) shall only be granted to EirGrid.

F321[(2AA) A licence under paragraph (e) of subsection (1) shall provide for the ownership, by the transmission system operator concerned, of transmission assets for the following purposes:

(a) the development or proposed development of a transmission system which is offshore;

(b) the extension or proposed extension of an existing transmission system to a transmission system referred to in paragraph (a);

(c) facilities that are not offshore but that relate, or will relate, to connecting a transmission system (or part thereof) referred to in paragraph (a) to an existing transmission system;

(d) any transmission assets as may be determined by the Commission as assets of the transmission system operator.]

(2B) A licence under paragraph (f) of subsection (1) shall only be granted to the Board or a subsidiary of the Board.

(2C) A licence under paragraph (g) of subsection (1) shall only be granted to the Board or a subsidiary of the Board.

(2D) A licence under paragraph (h) of subsection (1) shall only be granted to the Board.]

F306[(2DA) A licence under paragraph (k), of subsection (1) shall

(a) only be granted to the Board, and

(b) not take effect prior to the transfer date fixed under the European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2007.]

F307[(2E) A licence under subsection (1) may include such terms and conditions relating to participation in and the operation of the Single Electricity Market as the Commission considers necessary or expedient.

(2F) The Commission may grant an exemption from the requirement to hold a licence to act as the Single Electricity Market operator to a person who holds a licence to perform corresponding functions in Northern Ireland.]

F308[(2G) A licence under paragraphs (b), (c) or (d) of subsection (1) may include conditions to ensure that where the holder of the licence is registered in another Member State, the holder of the licence shall comply with

(a) the conditions of the licence, and

(b) the requirements of this Act.]

F309[(2H) The holder of an electricity supply licence under subsection (1)(b) and (1)(h) shall maintain for not less than 5 years and make available on a request being made by the Commission, the Competition and Consumer Protection Commission or the European Commission all relevant data relating to all transactions in electricity supply contracts and electricity derivatives with wholesale customers and transmission system operators.

(2I) The data referred to in subsection (2H) shall include details on the characteristics of relevant transactions such as duration, delivery and settlement rules, the quantity, the dates and times of execution and the transaction prices and means of identifying the wholesale customer concerned, as well as specified details of all unsettled electricity supply contracts and electricity derivatives.

(2J) The Commission may decide to make available to market participants elements of this information provided that commercially sensitive information on individual market players or individual transactions is not released. This subsection shall not apply to information about financial instruments which fall within the scope of F310[Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014].

(2K) F311[]

(2L) In the event that the authorities referred to in subsection (2H) require access to data kept by entities falling within the scope of F310[Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014], the authorities responsible under that Directive shall provide them with the required data.]

F312[(2M) (a) The Commission may, in carrying out its function under section 9(1F), in a licence under subsection (1)(b), specify such standards of performance and quality in connection with the supply of electricity to final customers as the Commission determines ought to be achieved.

(b) The holder of a licence referred to in paragraph (a) shall comply with such standards of performance as may be specified by the Commission in the licence concerned.]

(3) Any licence granted under this section shall be deemed to contain a condition that it shall be subject to modification for the purposes of compliance with any enactment implementing, whether in whole or in part, Council Directive No. 96/92/EC of the European Parliament and of the Council of 19 December, 1996 concerning common rules for the internal market in electricity.

(4) An application for a licence under this section shall be in writing and be in such form and contain such information as the Commission may request.

(5) An application for a licence under this section shall be accompanied by such a fee, if any, as the Commission may determine to be appropriate, having regard to the application being made, and the Commission shall make information on such fees available on request.

(6) A licence granted by the Commission shall be subject to—

(a) modification in accordance with section 19, or

(b) revocation by the Commission in accordance with this Act.

(7) Where the Commission refuses to grant a licence to a person—

(a) the person shall be notified, in writing, by the Commission of the reasons for the refusal,

(b) within 28 days of the making of a refusal, the Commission shall notify, in writing, the Commission of the European Communities of the reasons for the refusal, and

(c) the person may appeal the refusal in accordance with section 29.

F313[(8)(a) The holder of a licence granted under paragraph (a) of subsection (1) may supply electricity to the holder of a licence granted under paragraph (b), (c) or (d) of that subsection or to the Board.

(b) The holder of a licence under paragraph (a) of subsection (1) may supply an amount of electricity to its own premises or to its own subsidiary, or subsidiaries, whether or not eligible, which does not exceed the amount of electricity produced by the holder of the licence or electricity which is purchased, in place of such electricity, in accordance with the trading arrangements provided for in any Regulations made by the Commission under section 9(1)(d).]

(9) A licence granted under paragraph (b), (c) or (d) of subsection (1) shall not authorise the supply of electricity to an eligible customer or final customer until after the 19th day of February, 2000.

(10) F314[]

(11) The Commission shall monitor licensees to ensure that they continue to conform to all the conditions and requirements of their licences.

(12) The Board shall be obliged to supply electricity to the holder of a licence under subsection (1) in accordance with the trading arrangements provided for in regulations to be made by the Commission under section 9(1) (d).

F315[(13) (a) Subject to such arrangements as the Commission may approve in the interest of economic efficiency in relation to the discharge by the holders of licences of their functions under paragraphs (f) and (g) of F316[subsection (1)], the Commission shall ensure that the licence granted pursuant to the said paragraph (f) shall contain provisions which

(i) secure the complete and effective separation of that part of the business of the licensee as relates to any of the ownership, maintenance and construction of the transmission system (or any part thereof) from all other parts of its business, and

(ii) require the preparation of separate accounts in respect of that part of the licensees business which relates to the ownership, maintenance and construction of the transmission system (or any part thereof).

(b) Subject to such arrangements as the Commission may approve in the interest of economic efficiency in relation to the discharge by the holders of licences of their functions under paragraphs (f) and (g) of F317[subsection (1)], the Commission shall ensure that the licence granted pursuant to the said paragraph (g) shall contain provisions which

(i) secure the complete and effective separation of that part of the business of the licensee as relates to any of the operation, maintenance and development of the distribution system (or any part thereof) from all other parts of its business, and

(ii) require the preparation of separate accounts in respect of that part of the licensees business which relates to the operation, maintenance and development of the distribution system (or any part thereof).]

F318[(14) The Commission shall grant a licence to generate electricity pursuant to subsection (1)(a) to the Board in respect of existing generating stations which are not already licensed under this Act as soon as practicable after the coming into operation of this subsection.]

F319[(15) For the purposes of this section a person acts as Single Electricity Market operator if the responsibilities of that person include responsibility, pursuant to the Trading and Settlement Code under the Single Electricity Market, for calculating charges and other payments due under that code.]

F320[(16) For the purposes of this section, "any person" means an electricity undertaking.]

Annotations

Amendments:

F292

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 16(a).

F293

Substituted (17.01.2022) by European Union (Internal Market in Electricity) Regulations 2022 (S.I. No. 20 of 2022), reg. 5(2)(a), in effect as per reg. 1(2).

F294

Repealed (28.03.2011) by European Communities (Renewable Energy) Regulations 2011 (S.I. No 147 of 2011), reg. 12.

F295

Substituted (23.05.2007) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 8(3)(a), S.I. No. 266 of 2007.

F296

Substituted (23.05.2007) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 8(3)(b), S.I. No. 266 of 2007.

F297

Inserted (23.05.2007) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 8(3)(c), S.I. No. 266 of 2007.

F298

Substituted (1.01.2009) by European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008 (S.I. No. 280 of 2008), s. 22(a)(i), commenced on transfer date as per reg. 1(2) and notice in Iris Oifigiúil of 30 December 2008, No. 105 p. 1537.

F299

Inserted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 12(a)(iv), S.I. No. 287 of 2007.

F300

Inserted (1.01.2009) by European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008 (S.I. No. 280 of 2008), s. 22(a)(iii), commenced on transfer date as per reg. 1(2) and notice in Iris Oifigiúil of 30 December 2008, No. 105 p. 1537.

F301

Substituted (17.01.2022) by European Union (Internal Market in Electricity) Regulations 2022 (S.I. No. 20 of 2022), reg. 5(2)(b), in effect as per reg. 1(2).

F302

Inserted (17.01.2022) by European Union (Internal Market in Electricity) Regulations 2022 (S.I. No. 20 of 2022), reg. 5(2)(c), in effect as per reg. 1(2).

F303

Inserted (9.05.2022) by European Union (Internal Market in Electricity) (3) Regulations 2022 (S.I. No. 227 of 2022), reg. 10(1)(a), in effect as per reg. 1(2).

F304

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 16(b).

F305

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 16(c).

F306

Inserted (1.01.2009) by European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008 (S.I. No. 280 of 2008), s. 22(b), commenced on transfer date as per reg. 1(2) and notice in Iris Oifigiúil of 30 December 2008, No. 105 p. 1537.

F307

Inserted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 12(b), S.I. No. 287 of 2007.

F308

Inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(5).

F309

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(3).

F310

Substituted (1.01.2021) by European Union (Internal Market in Electricity) (Regulatory Authority Matters) Regulations 2020 (S.I. No. 704 of 2020), reg. 10(3)(a), in effect as per reg. 1(2).

F311

Deleted (1.01.2021) by European Union (Internal Market in Electricity) (Regulatory Authority Matters) Regulations 2020 (S.I. No. 704 of 2020), reg. 10(3)(b), in effect as per reg. 1(2).

F312

Inserted (28.04.2017) by Energy Act 2016 (12/2016), s. 15, S.I. No. 171 of 2017.

F313

Substituted (20.12.2000) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 32, in effect as per reg. 1(2)(a).

F314

Repealed (17.04.2001) by Electricity (Supply) (Amendment) Act 2001 (9/2001), s. 9(a)(iii), commenced on enactment.

F315

Inserted (20.12.2000) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I.No. 445 of 2000), reg. 32(1)(c), in effect as per reg. 1(2)(a).

F316

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005) reg. 16(d)(i).

F317

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 16(d)(ii).

F318

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 16(e).

F319

Inserted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 12(c), S.I. No. 287 of 2007.

F320

Inserted (9.05.2022) by European Union (Internal Market in Electricity) (3) Regulations 2022 (S.I. No. 227 of 2022), reg. 10(b), in effect as per reg. 1(2).

F321

Inserted (31.07.2022) by Maritime Area Planning Act 2021 (50/2021), s. 189, S.I. No. 394 of 2022.

Modifications (not altering text):

C17

Term licence construed (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 16(17)(a), commenced on enactment.

Natural Gas Licence

17. (a) in sections 14(7), 29, 30 and 32 of the Act of 1999 to a licence shall be construed as including a reference to a natural gas licence and an order made under section 2 (1) of the Gas (Amendment) Act, 1987,

...

Editorial Notes:

E74

Power pursuant to subs. (1A) exercised (7.09.2022) by Electricity Regulation Act 1999 (Section14(1A)) Order 2022 (S.I. No. 460 of 2022), in effect as per art. 2.

E75

Licences issued under subs. (1)(c) and (d) deemed to be licences granted by CER under subs. (1)(b) (23.10.2014) by European Union (Renewable Energy) Regulations 2014 (S.I. No. 483 of 2014), reg. 12.

E76

Provision made for transfer of licence under section (18.07.2008) by European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008 (S.I. No. 208 of 2008), in effect on signature and as per reg. 1(3).

E77

Obligations of licence holders under subs. (1) prescribed (3.07.2007) by Electricity Regulation Act 1999 (Single Electricity Market) Regulations 2007 (S.I. No. 406 of 2007), regs. 3, 5(1).

E78

Limited exemption for a licence holder under subs. (1)(a) prescribed (3.07.2007) by Electricity Regulation Act 1999 (Single Electricity Market) Regulations 2007 (S.I. No. 406 of 2007), reg. 5(3).

E79

Licences under subs. (1)(h) are subject to conditions prescribed (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 17(1).

E80

Issue of licences under subs. (1)(e)-(g) prior to 1.07.2006 (date specified by Commission in Decision CER/06/123 Part 1.4) restricted (20.06.2001) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 5(1) and reg. 32(2), (as para. (2) substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 36(11)), in effect as per reg. 3 and notice of Minister in Iris Oifigiúil of 22 June 2001, No. 50 p. 822.

E81

Previous affecting provision: power pursuant to subs. (1A) exercised (25.09.2008) by Electricity Regulation Act 1999 (Section 14(1A) Order 2008 (S.I. No. 384 of 2008), in effect as per reg. 2; revoked (7.09.2022) by Electricity Regulation Act 1999 (Section14(1A)) Order 2022 (S.I. No. 460 of 2022), art. 3, in effect as per art. 2.

E82

Previous affecting provision: subs. (1)(i) amended (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 12(a) (iii), S.I. No. 287 of 2007; substituted as per F-note above.

E83

Previous affecting provision: subs. (1)(c) amended (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 12(a)(i), S.I. No. 287 of 2007; repealed as per F-note above.

E84

Previous affecting provision: subs. (1)(d) amended (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 12(a)(ii), S.I. No. 287 of 2007; repealed as per F-note above.

E85

Previous affecting provision: subs. (1)(d) amended (29.07.2009) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 6(c), S.I. No. 298 of 2009 (as amended (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 20, S.I. No. 287 of 2007); repealed as per F-note above.

E86

Previous affecting provision: subs. (1)(c), (d) substituted (24.12.2006) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 5, commenced on enactment; repealed as per F-note above.

E87

Previous affecting provision: subs. (1)(c) amended (17.04.2001) by Electricity (Supply) (Amendment) Act 2001 (9/2001), s. 9(a)(i), commenced on enactment; repealed as per F-note above.

E88

Previous affecting provision: subs. (1)(d) substituted (17.04.2001) by Electricity (Supply) (Amendment) Act 2001 (9/2001), s. 9(a)(ii), commenced on enactment; repealed per F-note above.

E89

Previous affecting provision: subs. (1)(c) amended (20.12.2000) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 32(1)(a), commenced as per reg. 1(2)(a); repealed as per F-note above.