Electricity Regulation Act 1999

Authorisations to construct or reconstruct a generating station.

16

16.F325[(1) A person shall not

(a) construct or reconstruct a generating station for the purpose of supply to final customers, or

(b) construct an interconnector,

unless an appropriate authorisation has been granted to the person by the Commission.]

(2) Notwithstanding the Electricity (Supply) Acts, 1927 to 1995, the Board may not construct or reconstruct a generating station unless an authorisation has been granted to it by the Commission.

F326[(3) Subject to section 17, the Commission may grant or may refuse to grant to any person an authorisation

(a) to construct or reconstruct a generating station, or,

(b) to construct an interconnector,

and where the Commission grants such an authorisation, that authorisation shall be subject to such terms and conditions as may be specified in the authorisation, including, as respects a generating station, the generating capacity of such station.]

F327[(3A) The Commission may by order provide for

(a) the authorisation of persons in relation to the construction or reconstruction of a class or classes of generating station, subject to such terms and conditions, including conditions relating to generating capacity and notification to the Commission, as may be specified in the order, and

(b) such ancillary matters, including application procedures or the dispensing with such procedures, as may be specified in the order.

(3B) The Commission may by order amend or revoke an order made under subsection (3A) of this section.

(3C) The Commission shall not make an order under subsections (3A) or (3B) 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.

(3D) 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 (3C) shall state the manner in which a copy of the draft order may be obtained.]

(4) A person who contravenes subsection (1) shall be liable on conviction on indictment to a fine not exceeding £100,000.

Annotations

Amendments:

F325

Substituted (23.05.2007) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 8(4)(a), S.I. No. 266 of 2007.

F326

Substituted (23.05.2007) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 8(4)(b), S.I. No. 266 of 2007.

F327

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 13(b).

Editorial Notes:

E91

Power pursuant to subs. (3A) exercised (7.09.2022) by Electricity Regulation Act 1999 (Section16(3A)) Order 2022 (S.I. No. 459 of 2022), in effect as per art. 2.

E92

Previous affecting provision: power pursuant to subs. (3A) exercised (25.09.2008) by Electricity Regulation Act 1999 (Section 16(3A)) Order 2008 (S.I. No. 383 of 2008); revoked (7.09.2022) by Electricity Regulation Act 1999 (Section16(3A)) Order 2022 (S.I. No. 459 of 2022), art. 3, in effect as per art. 2.

E93

Previous affecting provision: subs. (1) substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 13(a); substituted as per F-note above.