Electricity Regulation Act 1999

Procedures to be followed before modifying licences or authorisations.

20

20.—(1) Subsections (2) to (6) shall apply to all modifications of a licence or an authorisation other than a modification made to give effect to an order under section 39 or 40.

(2) Before modifying a licence or an authorisation the Commission shall issue a notice—

(a) stating that it proposes to make such modification,

(b) stating the nature of such modification and the reasons therefor, and

(c) specifying the period (being not less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modification may be made.

(3) The Commission shall consider any representations or objections which are made under subsection (2) and not withdrawn.

(4) A notice under subsection (2) shall be given—

(a) by publishing the notice in a newspaper circulating in the State F342[in the State, and (where the proposed modification relates to the Single Electricity Market) in Northern Ireland, and]

(b) by serving a copy of the notice on the holder of the licence or authorisation.

(5) The Commission shall send a copy of a notice issued under subsection (2) to the Minister who shall arrange, without undue delay, to provide a copy of the notice to the Oireachtas library.

(6) Where, within the period specified in subsection (2) (c), no objections or representations are made or such objections or representations as are made in that period are subsequently withdrawn, the modification of the licence or authorisation concerned shall have effect accordingly.

(7) Where objections or representations made within the period specified in subsection (2) (c) are not withdrawn—

(a) the Commission may either accept or reject such objections or representations, in whole or in part, and the modification shall have effect accordingly, or

(b) where it is satisfied that sufficient grounds exist to warrant a public hearing, the Commission may cause such a public hearing to be held.

(8) Where the Commission rejects any objections or representations made under this section without a public hearing being held, the reasons for the rejection and the refusal of a public hearing shall be notified to the persons who made those objections or representations and the proposed modification shall be effected in accordance with section 22(3).

F343[(9) Where a modification relates to the Single Electricity Market, the Commission shall have due regard in exercising its functions under this section and sections 21 to 23 to the desirability of similar modifications (including similar modifications in Northern Ireland) having effect at the same time.]

Annotations

Amendments:

F342

Substituted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 16(1)(a), S.I. No. 287 of 2007.

F343

Inserted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 16(2), S.I. No. 287 of 2007.

Modifications (not altering text):

C21

Application of ss. 19-22 and 29-31 extended to modified licences for interim period under certain conditions and term “Single Electricity Market” construed (30.07.2017) by Energy Act 2016 (12/2016), s. 7(3)(c), (d), commenced on enactment.

Single Electricity Market: provision in respect of revised arrangements in the State and Northern Ireland

7. ...

(3) (a) During the interim period the Commission for Energy Regulation may modify the conditions of a licence or authorisation where the Commission considers it necessary or expedient to do so—

(i) for the purpose of implementing, or facilitating the operation of, the revised arrangements in the State and Northern Ireland, or

(ii) in consequence of, or for giving full effect to, those arrangements.

(b) The power to modify the conditions of a licence or authorisation under this subsection includes the power to make incidental, consequential or transitional modifications.

(c) Where a licence or authorisation is modified under this subsection, sections 19 to 22 and 29 to 32 of the Act of 1999 shall apply in relation to any such modification.

(d) Sections 20(4)(a) and (9), 21(2)(a) and 22(3)(b) of the Act of 1999 shall, for the purposes of this subsection, have effect as if references to the Single Electricity Market included references to the revised arrangements in the State and Northern Ireland.

C22

Application of ss. 19-22 and 29-31 restricted (8.10.2007) by European Communities (Conditions for Access to the Natural Gas Transmission Networks) Regulations 2007 (S.I. No. 691 of 2007), reg. 3(2).

European Communities (Conditions for Access to the Natural Gas Transmission Networks) Regulations

3. (1) The Commission shall cause every gas transmission licence to contain such terms and conditions as it considers necessary for the purpose of ensuring that every holder of such a licence complies with the provisions of the European Regulation which relate to the provision of access to the transmission system.

(2) Sections 19 to 22 and sections 29 to 31 of the Act of 1999 shall not apply in relation to any modifications made in accordance with paragraph (1) of this Regulation.

...