9BA.—(1) In addition to the functions conferred on it by section 9, the Commission shall have as a function, following consultation with the Authority, the taking of all necessary steps (including the making of regulations under subsection (2) to have effect in the State in connection therewith) to establish and facilitate the operation of the Single Electricity Market, including a Trading and Settlement Code in relation to that market.

(2) (a) The Commission may make regulations for the purposes of subsections (1) and (3).

(b) Without prejudice to the generality of paragraph (a) regulations under subsection (1) may—

(i) subject to paragraph (iii), require every person holding a licence under section 14(1)(a) to (d) and (h) to make available for trading under the Single Electricity Market such electricity as is generated by that person or available to that person for supply,

(ii) prescribe an amount of electricity to be a threshold quantity (expressed in megawatts) for the purposes of paragraph (iii) and may prescribe different amounts in relation to different classes of licence holder,

(iii) provide that a person holding a licence under section 14 who does not generate an amount of electricity greater than the relevant threshold quantity may, but is not required to, make available for trading under the Single Electricity Market such electricity as is generated by that person.

(3) In performing the function referred to in subsection (1) the Commission shall monitor, supervise and keep under review the operation and effectiveness of the Single Electricity Market including the functions of the Single Electricity Market operator, and may make regulations under subsection (2) in relation to the Single Electricity Market.]