Electricity Regulation Act 1999

Prosecution of offences.


6.—(1) Summary proceedings for offences F49[under this Act and under sections 40D to I of the Gas Act 1976] may be brought and prosecuted by the Commission.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within F50[2 years] from the date of the offence.

F51[(3) Proceedings for an offence under Part IIA of this Act committed in any part of

(a) the licensed area (within the meaning of section 13A) to which subparagraph (i) or (ii), or both, of paragraph (a) of the definition of licensed area relates, or

(b) a designated area,

may be taken, and the offence may for all incidental purposes be treated, as having been committed in any place in the State.]

F52[(4) Where a person is convicted of an offence in proceedings brought by the Commission the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Commission the costs and expenses, measured by the court, incurred by the Commission in relation to the investigation, detection and prosecution of the offence.

(5) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence in proceedings brought by the Commission, it shall, on the application of the Commission (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Commission.]




Substituted (9.04.2021) by European Union (Gas Act 1976) (Environmental Impact Assessment) Regulations 2021 (S.I. No. 174 of 2021), reg. 11.


Substituted (28.04.2017) by Energy Act 2016 (12/2016), s. 10(a), S.I. No. 171 of 2017.


Inserted (18.12.2013) by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(b), S.I. No. 500 of 2013.


Inserted (28.04.2017) by Energy Act 2016 (12/2016), s.10(b), S.I. No. 171 of 2017.