Electricity Regulation Act 1999

Public hearings of Commission.

21

21.—(1) Where the Commission proposes to hold a public hearing under section 20(7) (b) it shall issue a notice stating—

(a) the date (being not less than 28 days from the date of giving notice) on which it is intended to hold the hearing, and

(b) the location at which it is intended to hold the hearing.

(2) A notice referred to in subsection (1) shall be given—

(a) by publishing the notice in a newspaper circulating in the State F344[in the State, and (where the proposed modification relates to the Single Electricity Market) in Northern Ireland, and]

(b) by serving the notice on the holder of the licence or authorisation concerned and any persons by whom objections or representations were made in the period referred to in section 20(2) (c).

(3) All hearing of the Commission shall be open to members of the public and may be held before the Commission or any other person authorised by the Commission to hold such a hearing and references to the Commission in subsection (4) shall include references to any other person so authorised.

(4) At a public hearing held for the purposes of this section—

(a) those persons by whom objections or representations were made in the period referred to in section 20(2) (c) may be heard,

(b) the Commission may assess the interest of any person who applies to be a party to the hearing and may admit or exclude them for stated reasons, and

(c) the Commission may administer oaths, issue notices, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, records, documents and material and take and receive evidence.

(5) The Commission may, following consultation with the Minister, make rules concerning the practice and procedures to be adopted at such public hearings.

(6) A witness before a public hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

Annotations

Amendments:

F344

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

Modifications (not altering text):

C23

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.

C24

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.

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