Electricity Regulation Act 1999


F146[Approval of terms and conditions

9A.F147[(1) Subject to subsection (1A), the Commission shall be responsible for –

(a) determining or approving prior to their entry into force, at least the methodologies used to calculate the terms and conditions for the provision of balancing ancillary services in relation to electricity and gas systems,

(b) providing in the most economic manner ancillary services, with the appropriate incentives for network users to balance the input and off-take of gas in the system, and

(c) providing ancillary services in a fair and non-discriminatory manner and based on objective criteria.

(1A) Subsection (1) shall not apply where the Agency is competent to fix and approve the terms and conditions or methodologies for the implementation of network codes and guidelines under Chapter VII of the 2019 Internal Electricity Market Regulation pursuant to Article 5(2) of the 2019 ACER Regulation because of their coordinated nature.]

(2) The Commission shall publish the methodologies or the terms and conditions referred to in 9A(1) on a publically available website.]




Substituted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(3).


Substituted and inserted (1.01.2021) by European Union (Internal Market in Electricity) (Regulatory Authority Matters) Regulations 2020 (S.I. No. 704 of 2020), reg. 7(3), in effect as per reg. 1(2).

Editorial Notes:


Previous affecting provision: section inserted (20.07.2004) by European Communities (Internal Market in Natural Gas) (No. 2) Regulations 2004 (S.I. No. 452 of 2004), reg. 12(2); substituted as per F-note above.