Electricity Regulation Act 1999

Establishment of Appeal Panel.

29

29.F364[(1) This section applies to

(a) a person whose application for a licence or an authorisation is refused,

(b) a person who is a holder of a licence or an authorisation and who wishes to appeal against a decision of the Commission

(i) to modify the licence or authorisation concerned, other than a modification of a class required by an order made under section 39 of 40, or

(ii) to refuse to modify the licence or authorisation concerned at the request of the holder of that licence or authorisation.]

F365[(2) A person to whom this section applies may, within 28 days of the making of a decision

(a) to refuse to grant a licence or an authorisation,

(b) to modify a licence or an authorisation, or

(c) to refuse to modify a licence or an authorisation,

request the Minister to establish a panel to be known and in this Act referred to as an Appeal Panel.]

(3) When requested to establish an Appeal Panel, following consultation with the Competition Authority as to the composition of the Appeal Panel, the Minister shall, within one month, establish an Appeal Panel to consider an appeal made under this section.

(4) An Appeal Panel established under this section shall consist of at least three persons, one of whom shall be appointed by the Minister to be the chairperson of the Appeal Panel.

(5) An Appeal Panel shall have all the powers and duties of the Commission that are necessary to carry out the functions of the Appeal Panel under this Act.

(6) An Appeal Panel shall be independent in the performance of its functions.

(7) The Minister may by order amend or revoke an order made under this section including an order made under this subsection.

(8) All appeals under Part IV of this Act shall be determined within six months.

Annotations

Amendments:

F364

Substituted (8.10.2006) by European Communities (Internal Market in Electricity) Regulations 2006 (S.I. No. 524 of 2006), reg. 2(a)(i).

F365

Substituted (8.10.2006) by European Communities (Internal Market in Electricity) Regulations 2006 (S.I. No. 524 of 2006), reg. 2(a)(ii).

Modifications (not altering text):

C27

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.

C28

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.

...

C29

Terms “licence” and “authorisation” construed (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 16(17)(a), (b), commenced on enactment.

Natural Gas Licences

16. ...

(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,

(b) in sections 17(4), 29, 30 and 32 of the Act of 1999 to an authorisation shall be construed as including a reference to a consent of a type mentioned in section 8 (7), 39A(1) or 40 (1) of the Gas Act, 1976, other than a consent in regard to an upstream pipeline.

C30

Reference in subs. (1)(b)(i) to order made under s. 39 construed in certain circumstances (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 21(8), commenced on enactment.

Public Service Obligations

21. ...

(8) The reference in section 29(1)(b)(i) of the Act of 1999 to an order made under section 39 shall, in the case of a proposed modification of a natural gas licence or a consent given by the Minister prior to the appointed day under section 8 (7) or 40 (1) of the Gas Act, 1976, or a consent given by the Commission under section 39A(1) (inserted by section 12) of the Gas Act, 1976, be taken to mean an order made under subsection (1).

...

Editorial Notes:

E104

Power pursuant to subss. (3), (7) exercised (3.01.2018) by Electricity Regulation Act 1999 (Establishment of Appeal Panel) (Amendment) Order 2018 (S.I. No. 5 of 2018).

E105

Power pursuant to subs. (3) exercised (10.11.2017) by Electricity Regulation Act 1999 (Establishment of Appeal Panel) Order 2017 (S.I. No. 495 of 2017).

E106

Previous affecting provisions: subss. (1), (2) substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 32(1); substituted as per F-note above.