Electricity Regulation Act 1999

Type Act

Publication 1999-07-11

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 165

(i) it relates to any matter the subject of proceedings before a court or other tribunal, until those proceedings are determined, or

(ii) it is not submitted to the Commission within 28 days of the registered electrical contractor concerned being informed of the decision.

(9) Notwithstanding the generality ofsubsections (7)and(8), the Commission may specify the procedures to be followed by:

(a) the Appeals Officer in considering the appeal;

(b) the Appeals Officer in drafting his or her report to the Commission;

(d) a registered electrical contractor who is the subject of a decision by the designated body to suspend or revoke his or her membership in the designated body,

in the criteria published undersubsection (5).

(10) (a) The tariff of fees and charges imposed by a designated body relating to—

(i) membership of an electrical contractor in that body,

(ii) registration of an electrical contractor as a registered electrical contractor,

(iii) inspections of electrical works, and

(iv) any service provided to a member of a designated body by or on behalf of that body,

shall be subject to the approval of the Commission.

(b) All expenses and costs incurred by a designated body in carrying out any of its functions under this section shall be defrayed by the designated body out of funds at its disposal which are obtained in accordance withparagraph(a).

(11) A person may not be a member of more than one designated body.

(12) Where a registered electrical contractor carries out electrical works, the works shall be carried out in accordance with the safety requirements approved by the Commission from time to time.

(13) Where a registered electrical contractor carries out electrical works, which by reason of a determination by the Commission undersubsection (27)are specified works, the registered electrical contractor concerned shall issue a completion certificate to the person who requested the works to be carried out.

(14) Where specified works are carried out by an electrical contractor who is not a member of a designated body, the person on whose behalf the specified works are being carried out shall request a designated body to arrange for the carrying out of an inspection of the works and, if the works meet the safety requirements approved by the Commission, for the issue of a completion certificate.

(15) A designated body which receives a request undersubsection (14)shall arrange for the carrying out of the inspection as soon as practicable and, if appropriate, the issue of a completion certificate.

(16) Subject tosubsection (17), a designated body shall be entitled to payment of fees and charges in respect of the inspection of the works, and those fees and charges shall be no greater than is set out in the tariff of fees and charges published by the designated body concerned.

(17) The tariff of fees and charges referred to insubsection (16)shall not have effect until approved by the Commission, which approval shall not be given unless the Commission is satisfied that the fees and charges are calculated on the basis of the reasonable costs attributable to the carrying out of inspections under this section.

(18) The Commission shall specify a form of completion certificate to be used for the purposes of this section and may specify different forms for different circumstances or different classes of electrical work and may make provision relating to—

(a) procedures to be followed, and

(b) records to be maintained,

by registered electrical contractors and a designated body in connection with the issue of such certificates.

(19) (a) The Commission may conduct an inspection or audit of a designated body to verify compliance by the designated body with the requirements of this section, the terms and conditions of appointment and the criteria of the Commission.

(b) The Commission may appoint a person to assist it in performing inspections or audits referred to inparagraph(a).

(20) The Commission may determine the appointment of a designated body—

(a) in accordance with the terms and conditions of the appointment,

(b) where the Commission is of the opinion that an act or default by the designated body is a cause of serious danger to the public, with immediate effect, or

(c) where it is, in the opinion of the Commission, in the interests of consumers that the appointment be determined, andparagraph(b) does not apply, on giving not less than 3 months notice or such shorter period as may be specified in the terms and conditions of appointment in that respect.

(21) The Commission may appoint a person, including a person who is an employee of a designated body, to be an authorised officer for the purposes of carrying out inspections of electrical work—

(a) of registered electrical contractors on any land where the authorised officer believes such work is being or has been carried out by such a contractor, or

(b) which has been the subject of a completion certificate,

but an authorised officer who is an employee of a designated body shall not exercise the powers conferred under this section as respects the work of a person who is a member of a designated body other than the designated body by which the authorised officer concerned is employed.

(22) A person appointed to be an authorised officer undersubsection (21)shall on his or her appointment be furnished with a certificate of his or her appointment, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

(23) A registered electrical contractor and every employee or independent contractor of a registered electrical contractor shall give all reasonable assistance to—

(a) an authorised officer in the exercise of his or her powers under this section, and

(b) the Commission in exercising its powers undersubsection (19)including a person assisting the Commission pursuant tosubsection (19).

(24) A person shall not obstruct—

(a) an authorised officer performing any function he or she is authorised to exercise or perform under this section,

(b) the Commission in exercising its powers under this section, or

(25) A person shall not describe himself or herself as a registered electrical contractor or in a manner likely to suggest that such person is a registered electrical contractor unless that person is for the time being a member of a designated body.

(26) A person who contravenessubsection (4), (24)or(25)is guilty of an offence and liable—

(a) on summary conviction to a fine not exceeding€5,000 or a term of imprisonment not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine not exceedingF156[€50,000]or a term of imprisonment not exceeding 3 years or to both.

(27) The Commission, having consulted with such persons as it considers appropriate, may determine that a class or classes of electrical works be specified works.

(28) In this section—

“completion certificate”means a certificate the form of which has been specified by the Commission undersubsection (18);

“designated body”means a person appointed undersubsection (1)to be a designated body for the purposes of this section;

“specified works”means such class or classes of works as have been determined to be such by the Commission in accordance withsubsection (27).]

9E. F157[Designated electrical works.

9E.—(1) The Commission, having consulted with such persons as it considers appropriate, and with the consent of the Minister, may by regulations designate a class or classes of electrical works to be designated electrical works.

(2) Where the Commission proposes to make regulations undersubsection (1)the Minister, where he or she has approved the draft of such regulations, shall cause a draft of the regulations to be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(3) A person shall not carry out electrical works which are designated electrical works unless that person is a registered electrical contractor.

(4) A person who contravenessubsection (3) is guilty of an offence and liable—

(a) on summary conviction to a fine not exceeding€5,000 or a term of imprisonment not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine not exceeding€15,000 or a term of imprisonment not exceeding 3 years or to both.]

9EA. F158[Electrical investigation officer.

9EA.—(1) The Commission may appoint a person to be an electrical investigation officer for the purposes of investigating whether designated electrical works and specified works are carried out safely and adequately and by registered electrical contractors.

(2) In exercising his or her powers under this section an electrical investigation officer may enter on any land or premises at any reasonable time where he or she has reason to believe that designated electrical works or specified works have been or are being carried out and there—

(a) make such inspections or inquiries and carry out such tests including inspection of specified or designated electrical work carried out by any person in the interests of safety, as he or she thinks fit,

(b) take any verbal or written statement, measurement or photograph or make any electrical or electronic recording which he or she considers necessary for the purposes of any such inspection or inquiry,

(c) take samples of electrical cabling or fittings or any other part of an electrical installation which he or she considers necessary to the inspection or inquiry,

(d) require any relevant person in authority to produce to him or her such documents, records or materials as are in that person’s possession or control relating to the matter under inquiry and to give to him or her such information as he or she may reasonably require in regard to such documents, records or materials,

(e) inspect and copy or extract information from documents, records or materials produced to him or her underparagraph(d) or which he or she finds during the course of entry on the land or into the premises concerned,

(f) carry out such designated works or specified works or take such measures as he or she considers appropriate, including requesting the distribution system operator to disconnect or turn off the supply of electricity, for the protection of any person or any property from any danger arising from electrical works,

(g) where he or she has carried out designated works or specified works underparagraph(f) issue a completion certificate for such works,

(h) instruct any person to perform or refrain from performing any act, if in the opinion of the electrical investigation officer, the performance or non performance of such act is necessary for the purposes of preserving evidence or in order to reduce or prevent any danger arising from electricity.

(3) Where an electrical investigation officer enters on any land or into any premises in pursuance of his or her duties under this section, he or she shall act in a reasonable manner and shall provide a report on his or her activities and findings to either the Commission or the designated body or both as the case may be.

(4) A person appointed undersubsection (1)shall be furnished with a certificate of his or her appointment by the Commission and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce the certificate to such person for inspection.

(5) Where an electrical investigation officer enters on land or into any premises in pursuance of powers conferred by this section, the Commission shall ensure as soon as possible after the powers have been exercised under this section that—

(a) the land or premises, as the case may be, is left no less secure by reason of the entry, and

(b) any damage caused by the electrical investigation officer is made good or that compensation is paid to the occupier or owner of the land concerned.

(6) A person commits an offence if he or she—

(a) obstructs or impedes an electrical investigation officer in the exercise of his or her powers conferred by this section,

(b) fails or refuses to comply with an instruction given by an electrical investigation officer under this section,

(c) knowingly gives to an electrical investigation officer information which is false or misleading in a material respect, or

(d) turns on or reconnects the supply of electricity which supply has been turned off or disconnected by the distribution system operator on the request of the electrical investigation officer without the consent of the distribution system operator.

(7) A person who commits an offence under this section is liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding€15,000.

(8) In this section:

“designated electrical works”means a class of electrical works designated undersection 9E(1);

“electrical investigation officer”means a person appointed as such undersubsection (1);

“specified works”has the meaning assigned to it bysection 9D(28).]

9F. F159[Regulation of gas installers.

9F.—(1) (a) The Commission may appoint a person to be the designated body for the purposes of this section and such body may be referred to as a Gas Safety Supervisory Body.

(b) Where the Commission has not appointed a person to be the designated body, or the designated body is, in the opinion of the Commission, no longer able to carry out its functions under this section, the Commission may, with the consent of the Minister, appoint an employee of the Commission to carry out those functions on a temporary basis.

(2) (a) In appointing a person to be the designated body in accordance withsubsection (1)the Commission shall have regard to the costs likely to be incurred—

(i) by the Commission in carrying out its functions under this section, and

(ii) by final customers.

(b)Paragraph 16 of Schedule 1shall apply to any costs incurred by the Commission in carrying out its functions under this section.

(c) In paragraph (b) the words“any costs incurred by the Commission”includes any moneys provided by the Commission to the designated body, following its appointment undersubsection (1), to facilitate that body in establishing and carrying out its functions.

(3) A person shall not be appointed to be the designated body, or if so appointed shall cease to act as the designated body, if that person is or becomes a trade association or performs representative functions on behalf of persons working in the gas industry.

(4) A person who does not for the time being stand appointed as the designated body shall not describe himself or herself as a Gas Safety Supervisory Body or in a manner likely to suggest that such person is the designated body for the purposes of this section.

(5) (a) The Commission shall publish criteria (in this section referred to as“the criteria”) relating to—

(i) gas safety supervision,

(ii) the safety standards to be achieved and maintained by gas installers, and

(iii) the procedures to be operated by a person appointed as the designated body.

(b) The criteria document to be published in connection withparagraph (a)shall include, but shall not be limited to, the following information:

(i) the procedures to be adopted by the designated body for the registration of its members;

(ii) the procedures to be followed by a person applying for membership of the designated body;

(iii) the services which the designated body may carry out on behalf of its members;

(iv) the standards of training and safety to be achieved and maintained by members of the designated body and the procedures to be followed by the designated body in monitoring such standards;

(v) the procedures to be followed by the designated body for the inspection of any work carried out by one of its members;

(vi) the procedures to be followed by the designated body in connection with the suspension or revocation of the membership of one of its members;

(vii) the matters to be covered by a completion certificate in respect of different categories or classes of gas works and the circumstances in which each such class of certificate shall be used;

(viii) the type of accounts to be kept by the designated body, and the manner in which such accounts should be audited;

(ix) the method by which the accounts kept undersubparagraph (viii)should be published; and

(x) the procedures to be followed, and the records to be maintained, by the designated body or its members (where appropriate), in connection withsubparagraphs (i)to(ix).

(6) The Commission shall not appoint a person to be the designated body unless it is satisfied that the person is capable of complying with the criteria, and as respects each person who is a member (in this section referred to as a“registered gas installer”) of the designated body that the body has, or will have if appointed, the capability and entitlement to—

(a) inspect any work carried out by a registered gas installer,

(b) monitor the training and standards of a person who is a registered gas installer,

(c) suspend the membership of a registered gas installer in the designated body where that registered gas installer is the subject of an investigation by that body into whether—

(i) work carried out by the registered gas installer concerned is unsafe or otherwise of an unsatisfactory standard, or

(ii) the registered gas installer concerned has acted in contravention of the criteria to a material extent,

(d) suspend or revoke the membership of a registered gas installer in the designated body where the body has established that any of the matters specified insubparagraphs (i)or(ii)ofparagraph(c) apply as respects the installer concerned.

(7) (a) Where the designated body decides to suspend or revoke the membership of a registered gas installer in the body, the designated body shall inform, in writing, both—

(i) the Commission, and

(ii) the registered gas installer concerned,

of its decision to suspend or revoke the membership of a registered gas installer in the designated body.

(b) A registered gas installer, the subject of a decision underparagraph (a), may submit an appeal, in writing, of the decision to the Commission within 28 days of being informed of the decision.

(8) (a) The Commission shall appoint one or more persons (“Appeals Officer”) to—

(i) duly consider, and

(ii) furnish a report to the Commission on,

any appeal submitted by a registered gas installer relating to a decision made by the designated body to suspend or revoke his or her membership in the designated body.

(b) The Commission shall have regard to the report of the Appeals Officer underparagraph (a)and shall advise the designated body, the Appeals Officer and the registered gas installer concerned of its decision to confirm, vary or set aside the decision of the body.

(i) it relates to any matter the subject of proceedings before a court or other tribunal, until those proceedings are determined, or

(ii) it is not submitted to the Commission within 28 days of the registered gas installer concerned being informed of the decision.

(9) Notwithstanding the generality ofsubsections (7)and(8), the Commission may specify the procedures to be followed by—

(a) the Appeals Officer in considering the appeal,

(b) the Appeals Officer in drafting his or her report to the Commission,

(d) a registered gas installer who is the subject of a decision by the designated body to revoke his or her membership in the designated body,

in the criteria published undersubsection (5).

(10) (a) The tariff of fees and charges imposed by the designated body relating to—

(i) membership of a gas installer in the body,

(ii) registration of a gas installer as a registered gas installer,

(iii) inspections of gas works, and

(iv) any service provided to a member of the designated body by or on behalf of the body,

shall be subject to the approval of the Commission.

(b) The designated body may impose fees and charges underparagraph(a) of different amounts in respect of different categories of membership, registration or service as the Commission may specify in the criteria.

(c) All expenses incurred by the designated body in carrying out any of its functions under this section shall be defrayed by the designated body out of funds at its disposal which are obtained in accordance withparagraph(a).

(11) Where a registered gas installer carries out any gas works, the works shall be carried out in accordance with any safety requirements which the Commission may specify in the criteria.

(12) Where a registered gas installer carries out any gas works, the registered gas installer concerned shall issue the appropriate completion certificate to the person who requested that the works be carried out.

(13) A person on whose behalf a registered gas installer has carried out any gas works may request, on grounds specified in writing, that the designated body arrange for the carrying out of an inspection of those gas works.

(14) The designated body shall, after it receives a request undersubsection (13), arrange for the carrying out of an inspection as soon as practicable, and following its completion, shall advise, in writing, both the registered gas installer who carried out the gas works and the person who requested that the inspection be carried out, as to whether the gas works meet the safety requirements of the Commission.

(15) Subject tosubsection (16), the designated body shall be entitled to payment of fees and charges in respect of the inspection of gas works undersubsection (14), which fees and charges shall be no greater than is set out in the tariff of fees and charges published by the designated body.

(16) The tariff of fees and charges referred to insubsection (15)shall not have effect until approved by the Commission, which approval shall not be given unless the Commission is satisfied that the fees and charges are calculated on the basis of the reasonable costs attributable to the carrying out of inspections under this section.

(17) The Commission shall specify a form of completion certificate to be used for the purposes of this section and may specify different forms for different circumstances or different classes of work and may make provision relating to—

(a) procedures to be followed, and

(b) records to be maintained,

by registered gas installers in connection with the issue of such certificates.

(18) (a) The Commission may conduct an inspection or audit of the designated body to verify compliance by the designated body with the requirements of this section, the terms and conditions of appointment and the criteria of the Commission.

(b) The Commission may appoint a person to assist it in performing inspections or audits referred to inparagraph(a).

(19) The Commission may determine the appointment of the designated body—

(a) in accordance with the terms and conditions of the appointment,

(b) where the Commission is of the opinion that an act or default by the designated body is a cause of serious danger to the public, with immediate effect, or

(20) The Commission may appoint a person, including a person who is an employee of the designated body, to be an authorised officer for the purposes of carrying out inspections of the work—

(a) of a registered gas installer on any land where the authorised officer believes such work is being or has been carried out by such an installer, or

(b) which has been the subject of a completion certificate.

(21) A person appointed to be an authorised officer undersubsection (20)shall on his or her appointment be furnished with a certificate of his or her appointment, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

(22) A registered gas installer and every employee or independent contractor of a registered gas installer shall give all reasonable assistance to—

(a) an authorised officer in the exercise of his or her powers under this section, and

(b) the Commission in exercising its powers undersubsection (18)including a person assisting the Commission pursuant tosubsection (18).

(23) A person shall not obstruct—

(a) an authorised officer performing any function he or she is authorised to exercise or perform under this section,

(b) the Commission in exercising its powers under this section, or

(24) A person shall not—

(a) describe himself or herself as a registered gas installer, or

(b) describe himself or herself in a manner likely to suggest that he or she is a registered gas installer, unless that person is a member of the designated body.

(25) A person who contravenessubsection (4),(23)or(24)is guilty of an offence and liable—

(a) on summary conviction to a fine not exceeding€5,000 or a term of imprisonment not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine not exceedingF160[€50,000]or a term of imprisonment not exceeding 3 years or to both.

(26) In this section—

“completion certificate”means a certificate the form of which has been specified by the Commission undersubsection (17);

“designated body”means a person appointed undersubsection (1)to be the designated body for the purposes of this section;

“gas works”means works designated to be such undersection 9G.]

9G. F161[Gas works.

9G.—(1) The Commission, having consulted with such persons as it considers appropriate, and with the consent of the Minister, may by regulations designate a class or classes of works to be gas works.

F162[(2) In this section“works”means work which is related to the installation, removal, repair or replacement of a natural gas fitting or an LPG fitting.]]

F163[(3) A person shall not carry out works which are gas works unless that person is—

(a) a registered gas installer,

(b) a gas transmission system operator carrying out its functions in accordance with the terms and conditions of the relevant licence,

(c) a gas distribution system operator carrying out its functions in accordance with the terms and conditions of the relevant licence,

(d) a gas emergency officer appointed undersection 9Iperforming his or her duties, or

(e) a gas safety officer appointed undersection 9Jperforming his or her functions under that section.

(4) A person who contravenessubsection (3)is guilty of an offence and liable—

(a) on summary conviction to a fine not exceeding€5,000 or a term of imprisonment not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine not exceeding€15,000 or a term of imprisonment not exceeding 3 years or both.]

9H. F164[Regulations relating to gas safety.

F165[9H.—(1) The Commission may, in the performance of its functions underparagraphs(ea), (eb) and (ed) ofsection 9(1)make regulations relating to gas safety.

(2) Without prejudice to the generality ofsubsection (1)regulations made under this section may provide for—

(a) specifications or requirements regarding the installation or maintenance of natural gas fittings and LPG fittings, and

(b) the conditions to be fulfilled before natural gas or LPG may be connected or reconnected to any premises following the installation, maintenance, modification or repair of a natural gas fitting or LPG fitting, as the case may be.]

(3) Where the Commission propose to make regulations under this section, the Commission shall, before doing so, consult with the Minister, the Minister for the Environment, Heritage and Local Government and such other Minister of the Government (if any) as, in the opinion of the Commission, appears appropriate.

(4) A person who fails to comply with regulations made under this section is guilty of an offence under this section.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction to a fine not exceeding€5,000 or a term of imprisonment not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine not exceeding€15,000 or a term of imprisonment not exceeding 3 years or to both.

(6) (a) Notwithstanding anything specified in regulations made undersubsection (2), nothing in this section shall be construed as placing an onus of responsibility on a gas installer to ensure that a natural gas fittingF166[or LPG fitting]which he or she has correctly installed in a dwelling, place of business or any common area is safely maintained after the point of delivery of natural gasF167[or LPG, as the case may be], unless a contractual obligation exists obliging the installer concerned to do so.

(b) Unless specified in any other enactment, the person responsible for ensuring that a natural gas fittingF168[or LPG fitting]is safely maintained after the point of delivery of natural gasF169[or LPG, as the case may be,]shall be—

(i) in the case of a dwelling:

(I) where that dwelling is the subject of a tenancy, but is not the subject of a lease between a landlord and tenant, the person entitled to receive the rent;

(II) where that dwelling is the subject of a lease between a landlord and tenant, the landlord (subject to the responsibilities of landlords and tenants as set out in sections 12 and 16 of the Residential Tenancies Act 2004); or

(III) where that dwelling is not the subject of a lease or tenancy between a landlord and tenant, the person who would be entitled to receive the rent if the dwelling were the subject of a tenancy or lease,

(ii) in the case of a premises used as a place of business:

(I) where that premises is the subject of a lease between a landlord and tenant, and a covenant (whether express or implied and whether general or specific) exists that the tenant, as lessee, shall keep the premises in repair, the tenant in occupation; or

(II) where that premises is not a premises to whichclause (I)applies, such person as the Commission may specify from time to time in the frameworkF170[published undersection 9(1G)], following consultation with the Minister, the Minister for the Environment, Heritage and Local Government and such other Minister of the Government (if any) as, in the opinion of the Minister, appears appropriate,

and

(iii) in the case of a common area of land which includes any dwellings the subject ofsubparagraph (i), or any places of business the subject ofsubparagraph (ii), or both, and which area is being managed by a management company, that management company.

(i) the term“business”is to be interpreted in accordance with the meaning given it by section 3 of the Landlord and Tenant (Amendment) Act 1980,

(ii) the term“dwelling”is to be interpreted in accordance with the meaning given it by section 4 of the Residential Tenancies Act 2004,

(iii) the terms“lease”,“landlord”,“tenant”, and tenancy”as they are used inparagraph (b)(i), are to be interpreted in accordance with the meaning given to them by section 5 of the Residential Tenancies Act 2004, and

(iv) the termslease”,lessee”,landlord”andtenant”as they are used inparagraph (b)(ii)are to be interpreted in accordance with the meaning given to them by section 3 of the Landlord and Tenant (Amendment) Act 1980.]

9I. F171[Gas emergency officers.

F172[9I.—(1) A transmission system operator or a distribution system operator in relation to natural gas or a holder of a LPG safety licence may appoint a person to be a gas emergency officer for the purposes of this section.

(2) A gas emergency officer may, subject to this section, enter and inspect any land (with reasonable force, if he or she considers it necessary in the circumstances) without giving notice or obtaining the consent of any person, and there take such measures as the officer considers appropriate for the protection of any person or any property from any danger arising from natural gas or LPG.

(3) A person appointed undersubsection (1)shall be furnished with a certificate of his or her appointment by the system operator or LPG undertaking making the appointment, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to such person.

(4) A gas emergency officer may not exercise the powers conferred by this section unless he or she is of the opinion that there is or may be a danger to any person or property arising from—

(a) the use, misuse or leakage of natural gas or LPG, or

(b) a defect or possible defect in any pipeline or natural gas fitting or LPG fitting.

(5) Without prejudice to the generality ofsubsection (2), in exercising his or her powers under this section a gas emergency officer may—

(a) instruct any person to evacuate any place until such time as the premises are, in the opinion of the officer, safe,

(b) instruct any person to perform or refrain from performing any act, if in the opinion of the officer, the performance or non-performance of such act is necessary in order to reduce or prevent any danger arising from natural gas or LPG,

(c) search for any escaped natural gas or LPG, or any leak or defect in any pipeline or natural gas fitting or LPG fitting, or

(d) interrupt or disconnect the supply of natural gas or LPG without notice.

(6) Where a gas emergency officer enters on land in pursuance of powers conferred by this section, the transmission system operator or the distribution system operator or a LPG undertaking on whose behalf the entry was made shall ensure as soon as possible after the powers have been exercised under this section that—

(a) the land is left no less secure by reason of the entry, and

(b) any damage caused by the gas emergency officer is made good or that compensation is paid to the occupier or owner of the land concerned.

(7) A person who—

(a) obstructs or impedes a gas emergency officer in the exercise of powers conferred by this section,

(b) fails or refuses to comply with an instruction given by a gas emergency officer under this section,

(d) turns on or reconnects the supply of natural gas or LPG where supply has been turned off or disconnected by a gas emergency officer, without the consent of a gas emergency officer,

commits an offence.

(8) A person who commits an offence undersubsection (7)is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding€15,000 or a term of imprisonment not exceeding 3 years or to both.]]

9J. F173[Gas safety officers.

F174[9J.—(1) The Commission may appoint a person to be a gas safety officer for the purposes of—

(a) this section,

(b)paragraphs(ea), (eb) and (ed) ofsection 9(1),

(c)section 9(1G), and

(d) investigating alleged contraventions ofsections 9F(4),9F(23)and(24),9G(3)and9H(4).]

(2) A gas safety officer may, subject to the provisions of this section—

(a) enter and inspect any land (with force if he or she considers it necessary in the circumstances) without giving notice or obtaining the consent of any person, and there inspect any—

(i) natural gas pipeline,

F175[(ia) piped LPG distribution network,]

(ii) natural gas installation or facility (including a storage facility),

(iii) natural gas fitting,F176[…]

F177[(iiia) LPG fitting, or,]

(iv) ventilation fittings (whether mechanical or otherwise) associated with or required for the safe operation of a natural gas fittingF178[or LPG fitting],

and take such measures as the officer considers appropriate for the protection of any person or any propertyF179[from any danger arising from natural gas or LPG, as the case may be,]

(b) enter on any land at any reasonable time and there—

(i) make such inspections and carry out such tests as he or she thinks fit in relation to any activities in or on a premises or installation,

(ii) take any measurement or photograph or make any electrical or electronic recording which he or she considers necessary for the purposes of any such examination or inquiry,

(iii) require any relevant person in authority to produce to him or her such documents, records or materials as are in that person’s possession or control relating to the matter under inquiry and to give to him or her such information as he or she may reasonably require in regard to such documents, record or materials,

(iv) inspect and copy or extract information from documents, records or materials produced to him or her under subparagraph (iii) or which he or she finds during the course of entry to premises,

(v) take samples of natural gasF180[or LPG, as the case may be].

(3) A person appointed undersubsection (1)shall be furnished with a certificate of his or her appointment by the Commission, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to such person.

(4) Without prejudice to the generality ofsubsection (2), in exercising his or her powers under this section, a gas safety officer may—

(a) instruct any person to evacuate any premises until such time as the premises are, in the opinion of the officer, safe,

F182[(c) search for any escaped natural gas or LPG, as the case may be, or any leak or defect in any pipeline, natural gas fitting or LPG fitting,]

(d) interrupt or disconnect the supply ofF183[natural gas or LPG, as the case may be,]without notice.

(5) Where a gas safety officer enters on land in pursuance of powers conferred by this section, the Commission shall ensure as soon as possible after the powers have been exercised under this section—

(a) that the land is left no less secure by reason of the entry,

(b) any damage caused by the gas safety officer is made good or that compensation is paid to the occupier or owner of the land concerned.

(6) A person who—

(a) obstructs or impedes a gas safety officer in the exercise of powers conferred by this section,

(b) fails or refuses to comply with an instruction given by a gas safety officer under this section,

(d) turns on or reconnects the supply of natural gasF184[or LPG, as the case may be,]which supply has been turned off or disconnected by a gas safety officer, without the consent of a gas safety officer,

is guilty of an offence.

(7) A person guilty of an offence under this section is liable—

(a) on summary conviction to a fine not exceeding€5,000 or a term of imprisonment not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine not exceeding€15,000 or a term of imprisonment not exceeding 3 years or to both.]

9JA. F185[Improvement plan.

9JA.—(1) Where the Commission is of the opinion that a LPG undertaking or a natural gas undertaking or a person under the control or on behalf of that undertaking—

(a) is not operating in accordance with the LPG or natural gas safety regulatory framework undersection 9(1G), or

(b) is contravening or has contravened or is failing to comply with or has failed to comply with any other requirement of this Part,

the Commission may give a direction in writing to the LPG undertaking or the natural gas undertaking concerned requiring it to submit to the Commission, within the time period stated in the direction, a plan (in this section referred to as an“improvement plan”) specifying the remedial action proposed to be taken by the LPG undertaking or the natural gas undertaking to rectify the matters set down in the direction.

(2) Where an improvement plan is submitted in accordance withsubsection (1)or re-submitted underparagraph(b), the Commission shall, within 30 days, write to the LPG undertaking or the natural gas undertaking—

(a) stating that the Commission is satisfied with the remedial action proposed to be taken, or

(b) if the Commission is not satisfied that the remedial action proposed to be taken is adequate, directing that the plan be revised and re-submitted to the Commission within a specified time period.

(3) The Commission may withdraw a direction under this section at any time before a date specified in the direction and may extend and further extend such date.]

9JB. F186[Improvement notice.

9JB.—(1) Where the Commission is of the opinion that—

(a) a LPG undertaking or a natural gas undertaking has failed to comply with a direction to submit or implement an appropriate improvement plan undersection 9JA, or

(b) a LPG undertaking or a natural gas undertaking or a person under the control of or on behalf of that undertaking—

(i) is not operating in accordance with the LPG or natural gas safety regulatory framework undersection 9(1G), or

(ii) is contravening or has contravened or is failing to comply with or has failed to comply with any other requirement of this Part,

the Commission may serve a written notice (in this section referred to as an“improvement notice”) on that LPG undertaking or natural gas undertaking.

(2) An improvement notice shall—

(a) state that the Commission is of the opinion referred to insubsection (1),

(b) state the reasons for that opinion,

(c) where applicable, state that the LPG undertaking or natural gas undertaking has failed to submit or implement an improvement plan,

(d) direct the LPG undertaking or natural gas undertaking to remedy the alleged contraventions or the matters occasioning that notice by a date specified in the notice, which shall not be earlier than the period within which an appeal may be brought undersubsection (5),

(e) contain details of the consequences, under this section of a failure to comply with the notice,

(f) include information regarding the making of an appeal undersubsection (5), and

(g) include any other requirement that the Commission considers appropriate.

(3) An improvement notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or otherwise comply with the notice.

(4) Where the Commission proposes to serve an improvement notice, it shall notify the LPG undertaking or natural gas undertaking concerned in writing of its intention to serve the improvement notice and the LPG undertaking or natural gas undertaking concerned may, within 21 days of such notification, make representations to the Commission, which shall consider them.

(5) Where the Commission decides, having considered any representations made to it undersubsection (4), to serve an improvement notice, a LPG undertaking or natural gas undertaking which is aggrieved by such improvement notice may, within the period of 14 days beginning on the day on which the notice is served on it, appeal to the High Court against the notice and in determining the appeal the Court may—

(a) if it is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification, or

(b) cancel the notice.

(6) Where an appeal against an improvement notice is taken, the notice shall, unless cancelled by the High Court, take effect on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(7) Where no appeal is taken against an improvement notice, the notice shall take effect on the expiration of the period during which such an appeal may be taken or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(8) The Commission may withdraw an improvement notice at any time before the date specified in it undersubsection (2)(d) and the Commission may extend or further extend that date at any time when an appeal against the notice is not pending.

(9) A person who fails to comply with an improvement notice commits an offence and is liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding€25,000.]

9JC. F187[Prohibition notice.

9JC.—(1) Where the Commission is of the opinion that an activity being or likely to be carried on by or under the control or on behalf of the holder of a LPG safety licence or a natural gas undertaking involves a substantial risk to safety, the Commission may serve a notice (in this section referred to as a“prohibition notice”) on that holder or natural gas undertaking.

(2) A prohibition notice shall—

(a) state that the Commission is of the opinion referred to insubsection (1),

(b) state the reasons for that opinion,

(d) where, in the opinion of the Commission, the matter involves a contravention, or is likely to involve a contravention, of the requirements of this section, specify the provision or provisions concerned and the reasons for that opinion,

(e) prohibit the carrying on of the activity concerned until the matters which give rise or are likely to give rise to the risk are remedied, and

(f) contain details of the consequences under this section of a failure to comply with the notice.

(3) A prohibition notice may include directions—

(a) as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice, and

(b) to bring the notice to the attention of any person affected by it, or to the attention of the public generally.

(4) A prohibition notice shall take effect—

(a) if the notice so declares, immediately the notice is received by the holder of the LPG safety licence or natural gas undertaking or the person on whom it is served,

(b) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or on the day specified in the notice as that on which it is to come into effect, whichever is the later, or

(c) in case an appeal is taken (unless the notice is cancelled by the High Court) on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(5) The bringing of an appeal against a prohibition notice which is to take effect in accordance withsubsection (4)(a) does not have the effect of suspending the operation of the notice unless—

(a) the appellant applies to the High Court to have the operation of the notice suspended until the appeal is disposed of, and

(b) on such application, if it thinks proper to do so, the Court directs that the operation of the notice be suspended until the appeal is disposed of.

(6) (a) The holder of a LPG safety licence or natural gas undertaking which is aggrieved by a prohibition notice may, within the period of 7 days beginning on the day on which the notice is served on it, appeal to the High Court against the notice and in determining the appeal the Court may—

(i) if it is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification, or

(ii) cancel the notice.

(b) Where on the hearing of an appeal under this section a prohibition notice is confirmed, notwithstandingsubsection (4), the High Court by which the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the Court considers appropriate.

(7) The Commission may at any time withdraw a prohibition notice.

(8) A person who fails to comply with a prohibition notice commits an offence and is liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding€25,000.]

9JD. F188[Restricting or prohibiting LPG or natural gas activities in emergencies.

9JD.—(1) Where the Commission considers that the risk to the safety of—

(a) human life,

(b) a piped LPG distribution network or natural gas infrastructure, or

is so serious that any of the activities of a LPG or natural gas undertaking should be restricted or should be immediately prohibited until specified measures have been taken to reduce the risk to a level which is as low as is reasonably practicable, the Commission may apply,ex parte, to the High Court for an order restricting or prohibiting the activities concerned.

(2) The High Court may make such interim or interlocutory order as it considers appropriate, and the Court in considering whether to make the order shall consider whether the elimination or necessary reduction of the risk concerned could be achieved by the issue of an emergency direction or a prohibition notice.

(3) Any order of the High Court undersubsection (2)shall have effect notwithstanding the terms of any permission given under this Act or any other enactment for the carrying on of the activity concerned or, where the order refers to another person, the carrying out of an activity by such person.

(4) On any application for the revocation or variation of an order made under this section, the Commission shall be entitled to appear, be heard and adduce evidence.]

9JE. F189[LPG safety licences.

9JE.—(1) For the purposes of ensuring LPG safety a person shall not make available LPG by way of a piped LPG distribution network for use by individual domestic final customers unless a LPG safety licence is in force in respect of the activity.

(2) A person who contravenessubsection (1)commits an offence and is liable—

(a) on summary conviction to a class A fine, or

(b) on conviction on indictment to a fine not exceeding€500,000.

(3) The Commission may, upon application to it, grant or refuse to grant to a LPG undertaking a LPG safety licence to make LPG available to final customers by way of a piped LPG distribution network.

(4) A LPG safety licence is granted subject to such conditions as are specified in the licence.

(5) An application for a LPG safety licence shall be—

(a) in writing and be in such form and contain such information as the Commission may request, and

(b) accompanied by such a fee, if any, as the Commission may determine undersection 9JFto be appropriate, having regard to the application being made.

(6) The Commission shall make information on such fees payable undersubsection (5)(b) available on the request of an applicant for a LPG safety licence.

(7) The Commission shall monitor the activities of a holder of a LPG safety licence to ensure that the holder complies with the terms and conditions of the licence.

(8) The Minister may specify by regulations the criteria in accordance with which an application for a LPG safety licence in respect of any activity referred to insubsection (1)may be determined by the Commission.

(9) The criteria specified by the Minister undersubsection (8)may relate to any or all of the following:

(a) the safety of the piped LPG distribution network,

(b) the qualifications of an applicant, including the technical qualifications of the applicant, and

(10) A person shall comply with any request in writing from the Commission for additional information specified by regulations made undersubsection (8).

(11) A person undertaking any of the activities mentioned insubsection (1)on the commencement of this section shall apply for a LPG safety licence, within 3 months of such commencement or such other periods as may be agreed by the Commission.

(12) A holder of a LPG safety licence shall—

(a) operate, maintain and develop such facilities or systems as may be required for the purpose of carrying out the activity for which it is licensed with due regard to safety and in accordance with the terms of the licence,

(b) provide the Commission with sufficient information to ensure that LPG activities licensed under this section may take place in a safe and secure manner, and

(c) provide all documents, records, accounts, estimates and other information, whether oral or written, requested from time to time by the Commission, in the form and at the times specified by the Commission, for the purpose of verifying that the holder of the licence is complying with the conditions of the licence, or as may be required by the Commission in the performance of its duties or functions imposed under this Act.

(13) The Commission shall reach a determination on the issue of a LPG safety licence undersubsection (1)as soon as practicable after it has completed its assessment but no later than 6 months after the date of receipt of all information including receipt of the additional information requested undersubsection (9).

(14) A LPG safety licence remains in force until it is revoked by the Commission or replaced by a new safety licence.

(15) The Commission shall, as soon as practicable after the issue of a LPG safety licence to a LPG undertaking, ensure that a copy of that licence is published in the manner prescribed by the Commission.

(16) Where—

(a) the holder of a LPG safety licence, requests the Commission to modify the terms or conditions of the licence, or

(b) the Commission is of the opinion that a LPG safety licence should be amended,

the Commission may modify the terms or conditions of the licence.

(17) The procedures to be followed before modifying LPG safety licences shall be as prescribed under sections 19 and 20 in regard to all licences and authorisations other than a modification made to give effect to an order undersection 39or40.]

9JF. F190[Fees relating to applications for LPG safety licences.

9JF.—(1) Where a LPG undertaking submits an application for a safety licence it shall be accompanied by such fee, if any, as the Commission may determine to be appropriate, having regard to the nature of the designated LPG activity to which the safety licence relates.

(2) The level of fees shall be structured to ensure that the fee relating to the licence is sufficient to enable the Commission to recover the reasonable costs and expenses which the Commission is likely to incur by reason of its consideration of the application concerned and matters directly pertaining to the application concerned including the costs and expenses incurred in determining conditions relating to the grant or the refusal to grant a LPG safety licence.

(3) The Commission shall make information on the structure and methodology of how it has determined such fees available to the LPG undertaking concerned where requested to do so.]

9JG. F191[Regulations (LPG incident).

9JG.—(1) The Commission may make regulations relating to the reporting and investigation of LPG incidents.

(2) Each of the following is a class of event or occurrence which is a LPG incident—

(a) the death of any person,

(b) injury to any person which requires medical attention to be given to such person in hospital other than as an out-patient, or

(c) loss or damage to any building, land or other property, where in the opinion of the LPG undertaking concerned the aggregate value of such loss or damage is in excess of€6,500,

resulting from the use, misuse, abuse, leakage, combustion or explosion of LPG.]

9K. F192[Extension of gas safety provisions to liquefied petroleum gas.

9K.—...]

9L. F193[Energy efficient tariffs

9L.—The Commission shall, through licence conditions, place a requirement on energy undertakings to ensure that tariffs do not create incentives that may unnecessarily increase the volume of distributed or transmitted energy.]

9M. F194[Informative billing.

9M.—(1) The Commission shall, where it considers it appropriate, having regard tosubsection (2), direct an energy undertaking to comply with the requirements ofsubsection (5), or part thereof, from such date and in such manner as it may specify in that direction.

(2) In determining whether to issue a direction undersubsection (1), the Commission shall have regard to the likely costs to the undertaking concerned of complying with such a direction and the likely energy efficiency benefits to final customers of the actions required of the undertaking concerned.

(3) Before issuing a direction undersubsection (1), the Commission shall undertake a public consultation process.

(4) Nothing in this section shall affect the responsibilities or duties of an energy undertaking underF195[the Data Protection Regulation or the Data Protection Act 2018].

(5) The Commission may, by direction undersubsection (1), require an energy undertaking to do any or all of the following:

(a) provide bills to its final customers, based on actual energy use, at such frequency as may be specified by the Commission to enable those customers to regulate their own energy consumption in a timely manner;

(b) provide such information in or with a bill to its final customers that, in the opinion of the Commission provides a comprehensive account of the customer’s current energy costs;

(c) present bills to its final customers in a manner which, in the opinion of the Commission, is clear and easily understandable; or

(d) provide any or all of the following information in or with its bills, contracts, or other relevant communications, in a manner which, in the opinion of the Commission, is clear and understandable—

(i) current actual prices and actual consumption of energy,

(ii) a comparison of the final customer’s current energy consumption with that customer’s consumption for the same period in the previous year, in graphic form where the Commission considers it practicable,

(iii) a comparison of the final customer’s energy use with the energy use of an average normalised or benchmarked final customer, or

(iv) sources of information on available energy efficiency improvement measures, comparative customer profiles or objective technical specifications for energy-using equipment, including contact information and website addresses.

(6) The Commission may request that an energy undertaking provide such information, and in such format, as the Commission considers necessary for the purposes of determining whether to issue a direction undersubsection (1), or for the purposes of monitoring compliance with a direction so issued.

(7) In this section a“bill”includes a bill provided or made available to the final customer in electronic format.

(8) An energy undertaking that fails to comply with a direction issued by the Commission undersubsection (1), or with a request undersubsection (6), commits an offence and is liable on summary conviction to a class A fine.

(9) Where a direction undersubsection (1)or a request undersubsection (6)is to be issued or given to an energy undertaking, it shall be addressed to the undertaking and shall be given to the undertaking in one of the following ways—

(a) by delivering it to the energy undertaking concerned,

(b) by leaving it at the address at which the energy undertaking concerned carries on business,

(c) by sending it by post in a pre-paid registered letter addressed to the energy supplier concerned at the address at which the undertaking carries on business,

(d) if an address for the service of a direction or request has been furnished by the energy undertaking concerned, by leaving it at, or sending it by pre-paid registered post addressed to the energy undertaking at, that address, or

(e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the energy undertaking concerned carries on business or, if an address for the service of a direction or request has been furnished by the energy undertaking concerned, that address, but only if—

(i) the recipient’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or

(ii) the sender’s facsimile machine generates a message confirming successful delivery of the total number of pages of the direction or request,

and it is also given in one of the other ways mentioned in any of the preceding paragraphs.

(10) For the purposes ofsubsection (9), a company registered under the Companies Acts is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.]

F196[(11) In this section, "Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^22on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).]

9N. F197[Functions of Commission under Part IIA relating to petroleum safety.

9N.—In addition to the functions conferred on it bysection 9, the Commission has the functions specified inPart IIArelating to petroleum safety.]

9O. F198[Regional coordination centres

9O.—(1) It shall be a function of the Commission to approve a proposal for the establishment of one or more than one regional coordination centre in accordance with Article 35(1) of the 2019 Internal Electricity Market Regulation.

(2) In the event of the establishment of one or more than one regional coordination centre within the Commission’s system operation region, it shall be a function of the Commission –

(a) to approve the costs related to the activities of each regional coordination centre, which are to be borne by the transmission system operators within the system operation region, and to be taken into account in the calculation of tariffs, provided that they are reasonable and appropriate,

(b) to approve the cooperative decision-making process,

(c) to ensure that each regional coordination centre is equipped with all the necessary human, technical, physical and financial resources for fulfilling its obligations under the 2019 Internal Electricity Market Directive and carrying out its tasks independently and impartially,

(d) to propose jointly with other regulatory authorities of the system operation region additional tasks and additional powers that could be assigned to each regional coordination centre by the State, in coordination with other regulatory authorities in the system operation region,

(e) to ensure compliance by each regional coordination centre with the obligations under the 2019 Internal Electricity Market Directive and other relevant law of the European Union, in particular as regards cross-border issues, and jointly identify any failure of the regional coordination centre to comply with those obligations,

(f) where the Commission has not been able to reach an agreement (with the other regulatory authorities in the system operation region), within a period of 4 months after the start of consultations, on the matter of whether a failure to comply, as referred to inparagraph (e), has occurred or as to the extent of any such failure, to refer, jointly with those other authorities, the matter to the Agency for a decision, pursuant to Article 6(10) of the 2019 ACER Regulation,

(g) to monitor the performance of system coordination and report annually to the Agency in relation to such monitoring in accordance with Article 46 of the 2019 Internal Electricity Market Regulation.

(3) In performing its functions under this section, the Commission shall take all reasonable steps to ensure that such performance is closely coordinated with all relevant actions taken by other regulatory authorities in its system operation region.

(4) For the purposes of Article 62(2)(a) and (b) and (3) of the 2019 Internal Electricity Market Directive,section 55shall be construed as if –

(a) "improper conduct" includes failure by a regional coordination centre (which has its seat in the State) to comply with an obligation under the 2019 Internal Electricity Market Directive or the 2019 Internal Electricity Market Regulation or with any decision referred to insubsection (5)or any relevant legally binding decision of the Agency, and

(b) in circumstances of improper conduct referred to inparagraph (a), "specified body" means such a regional coordination centre,

andPart IXandSchedule 4shall apply in accordance with this subsection with any other necessary modifications.

(5) For the purposes of Article 62(2)(c) of the 2019 Internal Electricity Market Directive, the Commission, in conjunction with other regulatory authorities in its system operation region, may make and issue to a regional coordination centre a decision that the centre shall do, or shall refrain from doing, one or more things specified in the decision and the centre shall comply with any such decision.]

9P. F199[Functions of Commission in relation to Electricity Costs Emergency Benefit Scheme

9P.—(1) The following shall be functions of the Commission:

(a) to ensure that the distribution system operator and electricity suppliers have in place such administrative and operational arrangements that the Commission considers necessary or expedient for the performance by them of the respective functions conferred on them by or under the Act of 2022 for the purpose of the efficient operation of the Electricity Costs Emergency Benefit Scheme;

(b) to take such steps as are necessary to ensure the distribution system operator and electricity suppliers perform the respective functions conferred on them by or under the Act of 2022;

(c) to report to the Minister, at such intervals as are agreed by the Commission and the Minister, in relation to the performance by the distribution system operator and electricity suppliers of the respective functions conferred on them by or under the Act of 2022.

(2) In this section, "Act of 2022" means the Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022.]

9Q. F200[Functions of Commission in relation to Electricity Costs Emergency Benefit Scheme II

9Q.—(1) The following shall be functions of the Commission:

(b) to take such steps as are necessary to ensure the distribution system operator and electricity suppliers perform the respective functions conferred on them by or under the Act of 2022;

(2) In this section, "Act of 2022" means the Electricity Costs (Domestic Electricity Accounts) Emergency Measures and Miscellaneous Provisions Act 2022.]

9R. F201[Functions of Commission in relation to Electricity Costs Emergency Benefit Scheme III and Submeter Support Scheme

9R.—(1) The following shall be functions of the Commission:

(a) to ensure that the distribution system operator and electricity suppliers have in place such administrative and operational arrangements that the Commission considers necessary or expedient for the performance by them of the respective functions conferred on them by or under the Act of 2023 for the purpose of the efficient operation of the Electricity Costs Emergency Benefit Scheme III;

(b) to ensure that the electricity suppliers have in place such administrative and operational arrangements that the Commission considers necessary or expedient for the performance by them of the respective functions conferred on them by or under the Act of 2023 for the purpose of the efficient operation of the Submeter Support Scheme;

(c) to take such steps as are necessary to ensure the distribution system operator and electricity suppliers perform the respective functions conferred on them by or under the Act of 2023;

(d) to report to the Minister, at such intervals as are agreed by the Commission and the Minister, in relation to the performance by the distribution system operator and electricity suppliers of the respective functions conferred on them by or under the Act of 2023;

(e) to consider any objection made to the Commission under section 6(6) of the Act of 2023;

(f) to establish procedures for the consideration of an objection made to the Commission under section 6 (6) of the Act of 2023 and to publish such procedures on its website on or before 1 December 2023.

(2) In this section, "Act of 2023" means the Electricity Costs (Emergency Measures) Domestic Accounts Act 2023.]

9S. F202[Functions of Commission in relation to Electricity Costs Emergency Benefit Scheme IV and Submeter Support Scheme II

9S.—(1) The following shall be functions of the Commission:

(a) to ensure that the distribution system operator and electricity suppliers have in place such administrative and operational arrangements that the Commission considers necessary or expedient for the performance by them of the respective functions conferred on them by or under the Act of 2024 for the purpose of the efficient operation of the Electricity Costs Emergency Benefit Scheme IV;

(b) to ensure that the electricity suppliers have in place such administrative and operational arrangements that the Commission considers necessary or expedient for the performance by them of the respective functions conferred on them by or under the Act of 2024 for the purpose of the efficient operation of the Submeter Support Scheme II;

(c) to take such steps as are necessary to ensure the distribution system operator and electricity suppliers perform the respective functions conferred on them by or under the Act of 2024;

(e) to consider any objection made to the Commission under section 6(6) of the Act of 2024;

(f) to establish procedures for the consideration of an objection made to the Commission under section 6 (6) of the Act of 2024 and to publish such procedures on its website on or before 1 November 2024.

(2) In this section, "Act of 2024" means the Electricity Costs (Emergency Measures) Domestic Accounts Act 2024.]

10. Directions to Commission.

10.—(1) Subject to subsections (2) and (4), the Minister may give directions to the Commission as regards the performance of its functions under this Act, including directions in relation to the terms and conditions of licences.

(2) The Minister shall not give directions in respect of—

(a) the persons to whom licences or authorisations may be granted, or

(b) the performance of its functions in relation to individual holders of licences or authorisations, individual eligible customers or the Board.

(3) The Commission shall comply with directions given by the Minister under subsection (1).

(4) This section shall stand repealed on the 19th day of February, 2000.

10A. F203[Policy directions to Commission.

10A.—(1) (a) In the interests of the proper and effective regulation of the electricity and natural gas markets and the formulation of policy applicable to such proper and effective regulation, the Minister may give such general policy directions to the Commission, as he or she considers appropriate, to be followed by the Commission in the exercise of its functions.

(b) Notwithstanding the generality ofparagraph(a), such general policy directions may have regard to the following issues—

(i) security of energy supply,

(ii) sustainability of energy supply,

(iii) competitiveness of energy supply, or

(iv) such other matter which the Minister considers appropriate.

(2) The Commission shall comply with any direction given undersubsection (1), and shall report to the Minister on the implementation (including the costs of such implementation) of any directions given undersubsection (1)in the report prepared in accordance withparagraph 25(b) ofSchedule 1to this Act.

(3) Before giving a direction undersubsection (1), the Minister shall—

(a) provide a draft of the proposed direction to—

(i) the Commission,

F204[(ii) the Joint Committee referred to inparagraph 26ofSchedule 1of this Act,

(iii) the SEM Committee, and]

F205[(iv) any other person the Minister deems appropriate,]

inviting them, in writing, to make representations on the proposal and specifying the period (being not less than 30 days from the giving of the draft to the CommissionF206[or publication underparagraph (b),]whichever is the later) within which representations relating to the proposal may be made by them, and

(b) publish a draft of the proposed policy direction to the Commission, which shall—

(i) include details of the proposed policy direction, including the reasons for giving the direction, and

(ii) specifying the period (being not less than 30 days from the giving of the draft to the Commission or such publication, whichever is the later) within which representations relating to the proposal may be made by interested parties.

F207[(3A) The Minister, having provided a draft of the proposed direction to the persons referred to insubsection (3)(a)and having published a draft of that direction undersubsection (3)(b), shall provide a draft of the proposed direction to the Department.]

(4)F208[Subject tosubsection (4A), the Minister,]having considered any representations made undersubsection (3), may give the direction undersubsection (1), with or without amendment.

F209[(4A) The Minister shall not give a direction undersubsection (1)where the SEM Committee has informed the Minister that the proposed direction would materially affect, or would be likely to materially affect, the Single Electricity Market.]

(5) Where, in the opinion of the Minister, a direction which the Minister proposes to give to the Commission undersubsection (1)relates or may relate to the functions of another Minister of the Government, the Minister shall consult with that Minister of the Government prior to the carrying out of any obligation imposed on him or her undersubsection (3).

(6) The Minister shall not give a direction undersubsection (1)in respect of—

(a) a person who has applied for, or holds a licence, authorisation or consent, or

(b) a person to whom a licence, authorisation or consent may be granted by the Commission, or

(7) Where the Minister gives a direction undersubsection (1), a notice of such direction and details thereof, including reasons for giving the direction, shall be published in theIris Oifigiúil.]

F210[(8) Nothing in this section shall allow the Commission to seek or take instructions from any natural or legal person in relation to a decision on a matter which is set out in Article 37 of the Electricity Market Directive or in Article 41 of the Natural Gas Market Directive.]

11. Authorised officers.

11.—F211[(1) In this section, a“person to whom this section applies”means the Board, a holder of a licence or an authorisationF212[or a registration granted underPart IIIA]F213[or a natural gas licence granted undersection 16of the Gas (Interim) (Regulation) Act, 2002, or a consent given under theGas Act, 1976]F214[, or Bord GáisÉireann or Irish Water.]]

(2) The Commission may appoint persons to be authorised officers for the purposes of this section.

(3) A person appointed under subsection (2) shall, on his or her appointment, be furnished by the Commission with a certificate of his or her appointment and when exercising a power conferred by subsection (4) shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

F215[(3A) An appointment under this section as an authorised officer shall cease—

(a) on the revocation by the Commission of the appointment,

(b) if the appointment is for a fixed period, on the expiry of that period, or

(4) For the purposes of the exercise by the Commission of its functions under this Act, F216[the Water Services (No. 2) Act 2013] F217[or the Gas (Amendment) Act, 2000] an authorised officer may—

(a) enter at any reasonable time any premises owned or occupied by a person to whom this section applies for the purpose of exercising any powers conferred on him or her by this subsection,

F218[(b) require a person to whom this section applies or any member, officer or employee of the person to whom this section applies to produce to the authorised officer any books, documents or records (and in the case of such information in a non-legible form to reproduce it in permanent legible form) which are in his or her power or control or to give him or her such information, whether oral or written, as the officer may reasonably require in relation to any entries in such records,

(bb) require any such person to give to the officer any other information, whether oral or written, which the officer may reasonably require to determine whether this ActF219[, the Water Services (No. 2) Act 2013]or the Gas (Interim) (Regulation) Act, 2002, are being complied with,]

(c) inspect and take extracts from or make copies of any books, documents and records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form), and

(d) require a person to whom this section applies to maintain such books, documents and records for such period or periods of time as the authorised officer may direct.

(5) Where an authorised officer in exercise of his or her powers under this section is prevented from entering any premises an application may be made under section 12 for a warrant to authorise such entry.

(6) A person to whom this section applies who—

(a) obstructs or impedes an authorised officer in the exercise of a power under this section,

(b) fails or refuses to comply with a requirement under this section,

(c) knowingly alters, suppresses or destroys any books, documents or records which the person concerned has been required to produce, or may reasonably expect to be required to produce, or

(d) knowingly gives to the Commission or to an authorised officer information which is false or misleading, in a material respect,

shall be guilty of an offence and shall be liable on summary conviction F220[to a class A fine].

12. Search warrants.

12.—If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there has been a contravention of a condition or requirement of a licence or an authorisation F221[or a registration granted under Part IIIA] F222[or a natural gas licence granted undersection 16of the Gas (Interim) (Regulation) Act, 2002, or a consent given by the Minister prior to the appointed day under section 8(7) or 40(1) of theGas Act, 1976, or given by the Commission under section 39A(1) of theGas Act, 1976] F223[or that the Board or Bord Gáiséireann has failed to comply with a requirement undersection 7(1) of the Gas (Amendment) Act, 2000] the judge may issue a warrant authorising the authorised officer, accompanied by other authorised officers or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production if so required of the warrant, to enter such premises as are specified in the warrant, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under section 11.

13. Prohibition on unauthorised disclosure of information.

13.—(1) Save as otherwise provided by law, a person shall not disclose confidential information obtained by him or her while performing duties as a member of, or as a member of the staff of, or an adviser or consultant to, or as an authorised officer of, the Commission, unless he or she is duly authorised by the Commission to do so.

F224[(1A) Insubsection (1)“duties”means duties falling to be performed in the course of the performance by the Commission of its functions under this Act, theGas (Amendment) Act, 2000,F225[theGas (Interim) (Regulation) Act 2002or the Water Services (No. 2) Act 2013.]]

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a F226[class A fine] or imprisonment for a period not exceeding 12 months or, at the discretion of the District Court, to both such fine and imprisonment.

(3) (a) In this section “confidential information” means that which is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description.

(b) In expressing information to be confidential, the Commission shall have regard to the requirement to protect information of a confidential commercial nature.

(4) The Freedom of Information Act, 1997, is hereby amended in the Third Schedule thereto by the addition to Part I at the end thereof—

(a) in column (2), of “Electricity Regulation Act, 1999.”, and

(b) in column (3), of “Section 13.”.

F227[PART IIA Regulation of Petroleum Activities] Annotations Amendments: F227 Inserted (22.10.2010) by Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3(d), S.I. No. 227 of 2010.

13A. F228[Interpretation

13A.—(1) In this Part—

“Act of 1960”meansPetroleum and Other Minerals Development Act 1960;

F229[…]

“Act of 1976”meansGas Act 1976;

“accepted safety case”means a safety case in respect of a designated petroleum activity or activities which has been accepted by the Commission under this Part and includes any revision made to a safety case which—

(a) may take effect without prior acceptance by the Commission, or

(b) has been accepted by the Commission;

“combined operation”means a designated petroleum activity carried out from an installation with another installation for purposes related to the other installation which thereby materially affects the risks to the safety of persons or the protection of the environment on any or all of the installations;

“Commission”means Commission for Energy Regulation;

“competent authority”means Commission;

“contact points”means the body or authority appointed by another Member State without offshore oil and gas operations under its jurisdiction for the purposes of exchanging information with competent authorities in other Member States;

“contractor”means any entity contracted by an operator or owner to perform any activity on behalf of the operator or owner;

“Court”means High Court;

“decommissioning”, in relation to petroleum infrastructure, means taking the facility, structure or installation, or any part of such facility, structure or installation, permanently out of use with a view to its abandonment in situ or removal;

F230["designated area" has the same meaning as it has in the Maritime Jurisdiction Act 2021;]

“designated petroleum activity”means a petroleum activity which is designated by regulations undersection 13D;

“Directive”means Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013^2;

“Environmental Liability Regulations”means European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008) (as amended by the European Communities (Environmental Liability) (Amendment) Regulations 2011 (S.I. No. 307 of 2011));

“established petroleum activity”means a designated petroleum activity which immediately before 22 May 2010 was being carried out by a petroleum undertaking and continued to be carried on after 22 May 2010 by a petroleum undertaking;

“European Union Offshore Oil and Gas Authorities Group”means the forum set up under Commission Decision (2012/C18/07) of 19 January 2012^3;

F229[…]

F231["exclusive economic zone" has the same meaning as it has in the Maritime Jurisdiction Act 2021;]

“foreshore”has the same meaning as insection 1of theForeshore Act 1933;

“installation”means the class of petroleum infrastructure which includes a stationary, fixed or mobile facility, or combination of facilities permanently inter-connected by bridges or other structures, used for carrying out activities or in connection with such activities;

F231["internal waters" shall be construed in accordance with section 8 of the Maritime Jurisdiction Act 2021;]

“licensed area”means the whole or any part of—

(a) the State, includingF232[the internal waters of the State and the territorial sea of the State], and

(b) a designated area,

in respect of which a petroleum authorisation is in force;

“major accident”means, in relation to petroleum infrastructure or petroleum activities—

(a) an event involving an explosion, fire, loss of well control, or release of oil, gas or dangerous substances involving, or with a significant potential to cause, fatalities or serious personal injury,

(b) an event leading to serious damage of petroleum infrastructure involving, or with a significant potential to cause, fatalities or serious personal injury,

(d) any major environmental incident resulting from incidents referred to inparagraphs (a),(b)and(c)and which relates to petroleum activities carried out offshore;

“major accident hazard”means a hazard that if realised could result in a major accident;

“major environmental incident”means an incident which results, or is likely to result, in significant adverse effects on the environment in accordance with the Environmental Liability Regulations;

“non-production installation”means the class of installation involved in carrying out offshore petroleum exploration or other designated petroleum activity or activities whilst stationed in the licensed area, but does not include installations involved in production of petroleum;

“offshore”means situated in the territorial seas, the exclusive economic zone or a designated area;

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