Gas (Interim) (Regulation) Act 2002

Funding of Commission.


22. —(1) The Act of 1999 is amended—

(a) in section 2(1)—

(i) by the substitution for the definition of “Commission” of the following definition:

“ ‘Commission’ means the Commission for Energy Regulation;”,

(ii) by the insertion—

(I) after the definition of “electricity undertaking” of the following definition:

“ ‘energy undertaking’ means an electricity undertaking or a natural gas undertaking.”, and

(II) after the definition of “Minister” of the following definition:

“ ‘natural gas undertaking’ means a person engaged in the transmission, distribution, supply or storage of natural gas, including any holder of a licence or a consent under this Act, or any person who has been granted a licence or given a consent under the Gas Acts, 1976 to 2002,”,

(b) in paragraphs 16 and 17 of the Schedule by the substitution for “electricity undertakings” of “energy undertakings” in each place where it occurs,

(c) in paragraph 16 of the Schedule after “in the order.” to insert the following sentence:

“Separate orders may be made under this paragraph in respect of electricity undertakings and natural gas undertakings.”,

(d) in paragraph 20 of the Schedule after “to meet its expenses” by the insertion of “in the following year and the levy for that year shall take into account such excess”, and

(e) in paragraph 25 of the Schedule by the substitution for subparagraph (a) of the following subparagraphs:

“(a) keep in such form as may be approved by the Minister, with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it including an income and expenditure account and balance sheet,

(aa) shall ensure, as far as is reasonably practicable, that such accounts identify separately in regard to the gas and electricity sectors all elements of cost and revenue, with the basis of their calculation and the detailed attribution methods used, related to the discharge of the Commission's functions under this Act,”.

(2) For the purpose of recouping to the Minister the sums expended by him or her before or after the appointed day in taking steps to facilitate the Commission in the performance of its functions conferred on it by this Act, the Commission may make an order imposing a levy to be paid each year on such classes of energy undertaking as may be specified by the Commission in the order.