Electricity Regulation Act 1999

Functions of Appeal Panel.

30

30.F366[(1) An Appeal Panel shall hear and determine an appeal against-

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

(b) a modification, or

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

and shall specify, on notice to the Commission and the appellant, the date on which the appeal shall be heard.]

(2) An Appeal Panel shall have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action in respect of—

(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and

(b) the compelling of the production of documents.

(3) A summons signed by the chairperson of the Appeal Panel or by such other member of the Appeal Panel as may be authorised by the Appeal Panel may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(4) Where a person—

(a) being duly summoned to attend before an Appeal Panel makes a default in attending,

(b) being in attendance as a witness before an Appeal Panel refuses to take an oath lawfully required by that Panel to be taken or to produce any document in his or her power or control lawfully required by that Appeal Panel to be produced by him or her or to answer any question to which the Appeal Panel may lawfully require an answer, or

(c) being in attendance before an Appeal Panel does anything which, if the Appeal Panel were a court of law having power to commit for contempt, would be contempt of court,

that person shall be guilty of an offence and shall be liable on summary conviction to a F367[class A fine].

(5) A witness before an Appeal Panel shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(6) An Appeal Panel may confirm the refusal to grant a licence or an authorisation or may direct the Commission to grant a licence or an authorisation with or without conditions laid down by the Appeal Panel and where such a direction is made the Commission shall, in accordance with the decision of the Appeal Panel, grant the licence or authorisation, subject to such conditions as may be specified by the Commission which are not inconsistent with the decision of the Appeal Panel.

(7) In the case of a modification of a licence or an authorisation, the Appeal Panel may either confirm the modification or direct the Commission not to make it.

(8) In the case of a refusal to modify a licence or an authorisation, the Appeal Panel may either confirm the decision of the Commission or may direct the Commission to modify the licence or authorisation.

(9) The Appeal Panel shall notify the persons concerned of its decision in respect of an appeal under this section.

Annotations

Amendments:

F366

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

F367

Substituted (28.04.2017) by Energy Act 2016 (12/2016), s. 13(d), S.I. No. 171 of 2017. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 3(1), S.I. No. 662 of 2010.

Modifications (not altering text):

C31

Application of ss. 19-22 and 29-31 extended to modified licences for interim period under certain conditions (30.07.2017) by Energy Act 2016 (12/2016), s. 7(3)(c), 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.

C32

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.

...

C33

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.

Editorial Notes:

E107

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. 32(2); substituted as per F-note above.