Electricity Regulation Act 1999

(4) A charge for connection to or for the use of the transmission or distribution system of the Board shall be calculated in accordance with directions given by the Commission under this section so as to enable the Board to recover—

(a) the appropriate proportion of the costs directly or indirectly incurred in carrying out any necessary works, and

(b) a reasonable rate of return on the capital represented by such costs.

(5) The Commission, solely, will determine what constitutes an “appropriate proportion” referred to in subsection (4)(a) and a “reasonable rate of return” referred to in subsection (4)(b).

F387[(6)Subsections (1)to(5)shall not apply in a case 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.

(7) The Commission shall publish the statement referred to insubsection (1).

(8) With a view to increasing transparency in the market and providing all interested parties with all necessary information and decisions or proposals for decisions concerning transmission and distribution tariffs, as referred in Article 60(3) of the 2019 Internal Electricity Market Directive, the Commission shall make publicly available the detailed methodology and underlying costs used for the calculation of the relevant network tariffs, while preserving the confidentiality of commercially sensitive information.]

36. Approval by Commission of statement of charges.

36.—(1) The Board shall send each statement prepared in accordance with section 35 to the Commission for its approval (in this section referred to as the “statement”) and the statement, and in particular any charges referred to therein, shall not apply until such time as it has been approved of by the Commission.

(2) The Commission shall consult with the Board and have regard to any submission made by the Board to the Commission prior to making a decision as to whether to approve of or not, as the case may be, a statement submitted by the Board to the Commission for approval.

(3) A statement and, in particular, charges referred to therein, shall not take effect until such time as it is approved of by the Commission, subject to such modifications, if any, as the Commission considers appropriate.

(4) Any charges imposed by the Board on or before the commencement of this section shall, subject to the approval of the Commission, continue in force until a statement has been approved of by the Commission under this section and thereafter all charges shall be in accordance with a statement approved of by the Commission.

F388[(5) In the event of delay in the fixing of transmission or distribution tariffs or methodologies (the "final transmission or distribution tariffs or methodologies"), the Commission shall have the power to fix or approve transmission or distribution tariffs or methodologies which shall have effect on a provisional basis and to decide on, and implement, the appropriate compensatory measures if the final transmission and distribution tariffs or methodologies differ from those provisional tariffs or methodologies in any respect.]

36A. F389[Charges of Market Operator.

36A.—(1) Subject tosubsection (2), within such time as the Commission may direct, the Market Operator shall prepare a statement for the approval of the Commission setting out the basis on which charges are imposed in relation to participation in the trading arrangements under the Single Electricity Market (in this section referred to as“the trading arrangements”).

(2) The Commission may give directions to the Market Operator from time to time in respect of the basis for charges imposed for participation in the trading arrangements.

(3) Notwithstanding the generality ofsubsection (2), directions given by the Commission under this section may provide for—

(a) the methods of charging to be included in the statement to be prepared by the Market Operator,

(b) the form and extent of information to be provided by the Market Operator to persons participating in the trading arrangements,

(c) the form of charges and information about those charges to be included in the statement to be prepared by the Market Operator,

(d) the procedure to be adopted in the submission by the Market Operator of a statement of charges and the approval by the Commission of such statement, and

(e) the nature of information to be provided to persons seeking to participate in the trading arrangements, and the presentation and transparency of that information, and the Market Operator shall comply with directions given by the Commission under this section.

(4) Charges relating to participation in the trading arrangements shall be calculated in accordance with directions given by the Commission under this section so as to enable the Market Operator to recover—

(a) the costs and expenses directly or indirectly incurred in operating the trading arrangements, and

(b) a reasonable rate of return on capital expenditure included in such costs.

(5) The Commission, solely, will determine what constitutes a“reasonable rate of return”referred to insubsection (4)(b).

(6) In this section and insection 36B,“Market Operator”means the holder of a licence to act as the Single Electricity Market operator granted undersection 14(1)(j) or a person granted an exemption from the requirement to hold such a licence pursuant tosection 14(2F).]

36B. F390[Approval by Commission of statement of charges of Market Operator.

36B.—(1) The Market Operator shall send each statement prepared in accordance withsection 36Ato the Commission for its approval (in this section referred to as the“statement”) and such statement, and in particular any charges referred to in it, shall not apply until such time as it has been approved by the Commission.

(2) The Commission shall consult with the Market Operator and have regard to any submission made by the Market Operator to the Commission prior to making a decision as to whether or not to approve, as the case may be, a statement submitted by the Market Operator to the Commission for approval.

(3) A statement and, in particular, charges referred to in it, shall not take effect until such time as it is approved by the Commission, subject to such modifications, if any, as the Commission considers appropriate.]

37. Direct lines.

37.—F391[(1) The Commission may grant or refuse to grant a permission to a person to whom this section applies to construct a direct line not connected to the transmission system or distribution system when initially constructed for the purpose of facilitating the supply of electricityF392[, without making such permission subject to disproportionate administrative procedures or costs].

(1A) The Commission shall not grant a permission referred to insubsection (1)unless a person has made an application for connection to and use of the transmission system or the distribution system and either—

(a) the application has been refused on the grounds of lack of capacity, or

(b) a dispute to whichsection 34(6)refers has been presented to the Commission for a determination and the Commission in making its determination pursuant tosection 34(6)forms the view that it is in the public interest to issue a permission pursuant tosubsection (1).]

F393[(1B) (a) The Commission may refuse to grant a permission if the granting of such permission would obstruct the application of the provisions on public service obligations contained in Article 9 of the Internal Electricity Market Directive.

(b) The Commission shall give duly substantiated reasons for a refusal.]

(2) A permission to construct a direct line granted by the Commission under this subsection shall require the person to whom the permission was granted to comply with such technical and other conditions, including those which may be necessary to ensure that direct lines are compatible with the transmission or distribution system, to such extent as the Commission may specify in the permission.

(3) The owner of a direct line constructed under subsection (1) may allow the direct line to be used for the transport of electricity to F394[customers within the State, individually or jointly].

(4) (a) Where there is a connection made between a direct line and the transmission or distribution system of the Board, on the application of the Board, the Commission may direct the owner of a direct line constructed under F395[section 34(1A)or(1B)or] subsection (1) to transfer the ownership of the direct line to the Board on such terms, including terms as to compensation, as may be agreed between the Board and the owner of the direct line.

F395[(aa) Where there is a connection made between a direct line constructed undersection 34(1A)and the transmission system of the transmission system operator, the Commission shall, on the application of the transmission system operator, direct the owner of such direct line to transfer the ownership of the direct line to the transmission system operator on such terms, including terms as to compensation, as may be agreed between the transmission system operator and the owner of the direct line or as may be determined by the Commission.]

F396[(b) In default of agreement between the Board, or the transmission system operator, and the owner as to compensation (and save where such compensation is determined by the Commission underparagraph (aa)), such compensation shall be assessed under the provisions of the Acquisition of Land (Assessment of Compensation) Act 1919, and for this purpose the Board, or the transmission system operator, as appropriate, shall be deemed to be a public authority.]

F397[(5) This section applies to the holder of a licence, the holder of an authorisation orF398[any customer].

(6) A person to whom a permission is granted pursuant tosubsection (1)may by means of that direct line supply—

(a) their own premises,

(b) their own subsidiaries, and

F399[(c) all customers within the State, individually or jointly.]]

F400[(7) The possibility of supplying electricity through a direct line under this section shall not affect the possibility of contracting electricity in accordance with Article 6 of the Internal Electricity Market Directive.]

38. F401[Estimate of capacity, forecast flows and loading.

38.—(1) On and after the commencement of this section, and at such intervals as the Commission may direct, the transmission system operator shall prepare a statement, (to be known and in this Act referred to as a“forecast statement”) based on the information available to it, in a form approved of by the Commission.

(2) A forecast statement shall include forecasts in respect of capacity, forecast flows and loading on each part of the transmission system of the transmission system operator and fault levels for each electricity transmission node together with:

(a) such further information as shall be reasonably necessary to enable any person seeking use of the transmission or distribution system to identify and evaluate the opportunities available when connecting to and making use of the transmission or distribution system;

(b) a statement identifying those parts of the transmission system of the transmission system operator most suited to new connections and to the transport of further quantities of electricity;

(c) the generating capacity which is likely to be connected to the transmission system;

(d) the demand for electricity in the period to which the statement relates; and

(e) a statement on the demand for electricity generated from renewable, sustainable or alternative sources generally and a statement on arrangements for the supply of electricity to customers who have opted to purchase such electricity.

(3) The transmission system operator may revise from time to time the information set out in and, with the approval of the Commission, alter the form of each forecast statement and shall, at least once in every year, revise such statements.

(4) The transmission system operator shall give a copy of a forecast statement and of each revision of the forecast statement undersubsection (3)to the Commission.

(5) Subject tosubsection (6), the transmission system operator shall give a copy of a forecast statement or, as the case may be, of the latest revision of the forecast statement, to any person who requests a copy of such statement or statements within fourteen days of the date that the request was received.

(6) The transmission system operator may, with the prior consent of the Commission, omit from a forecast statement given undersubsection (4)any confidential details as to the capacity, loading or other information, where disclosure of that information would, in the opinion of the Commission, prejudice the commercial interests of the transmission system operator or any other person.

(7) The transmission system operator may make a charge for each forecast statement given undersubsection (4)of an amount which shall not exceed the maximum amount specified by the Commission for the purpose of this subsection.

(8) In this section the period to which the forecast statement relates shall be seven calendar years on and after the date on which the statement is prepared by the transmission system operator.

(9) The transmission system operator shall consult with the Northern Ireland System Operator on each occasion when it prepares, alters or varies a forecast statement.

(10) The preparation of any plan in accordance with this section shall, so far as practicable, be co-ordinated with the preparation of any equivalent document prepared by the Northern Ireland System Operator and such plans shall, so far as possible, be prepared on a consistent basis.

(11) In this section—

“Northern Ireland System Operator”means the holder of a transmission licence granted under Article 10(1)(b) of the Electricity (Northern Ireland) Order 1992 and who is, from time to time, designated by the Authority as the transmission system operator for Northern Ireland.]

PART VI Public Service Obligations and Transitional Arrangements

39. Public service obligations.

39.—(1) The Minister, following consultation with the Minister for the Environment and Local Government, shall by order direct the Commission to impose on the Board and holders of licences or authorisations, or holders of a permit under section 37of the Principal Act, public service obligations which may include obligations in relation to—

(a) security of supply,

(b) regularity, quality and price of supplies,

F402[(c) environmental protection, including energy efficiency and climate protection, and]

(d) use of indigenous energy sources.

(2) Notwithstanding the generality of subsection (1), an order made by the Minister under this section may require the Commission to impose on F403[the Board, the holder of a licence, the holder of an authorisation or the holder of a permit undersection 37of the Principal Act] a requirement to make such arrangements F404[as are necessary to ensure that, in any specified period,] there shall be available to F405[the Board, the holder of a licence, the holder of an authorisation or the holder of a permit undersection 37of the Principal Act] F406[…] from—

(a) generating stations which use as their primary energy fuel source peat harvested within the State provided that the amount of peat used in any calendar year to F404[generate that electricity] may not exceed 15 per cent. of the overall primary energy necessary to produce the electricity consumed in the State that year, and

(b) generating stations chosen as a result of a competitive process established by the Minister, the Commission or the Commission of the European Communities, as the case may be, which use as their primary fuel source such renewable, sustainable or alternative forms of energy as may be specified in the order or which operate as combined heat and power plants.

(3) Notwithstanding the generality of subsection (1), an order made under this section may provide for—

(a) the imposition of a public service obligation on F407[the Board, the holder of a licence, the holder of an authorisation or the holder of a permit undersection 37of the Principal Act] in respect of electricity which is produced using indigenous fuel or renewable, sustainable or alternative forms of energy as their primary source or which operate as combined heat and power plants as a result of a competitive process established by the Minister or the Commission of the European Communities prior to this enactment, and

(b) measures designed to encourage effective and efficient use of electricity and to reduce demand for electricity.

(4) The Minister shall send a copy of an order made under F408[this section,] to the Commission of the European Communities not later than 28 days after the making of the order.

F409[(5) Subject tosubsections (6),(6A)and(7), an order under this section shall provide, following a calculation by the Commission of whether any additional costs are incurred or additional benefits are received by the Board or holders of a licence or an authorisation or holders of a permit under section 37 of the Principal Act in complying with an order under this section, including any such costs incurred or benefits received after the variation or revocation of such an order—

(a) (i) where it is calculated that there are additional costs incurred, for the recovery, by way of a levy on final customers of the additional costs, including a reasonable rate of return on the capital represented by such costs where appropriate,

(ii) where it is calculated that there are additional benefits received, for the making of a payment to final customers representing the additional benefits,

(b) in relation to a calculation underparagraph (a)(i), for the collection and recovery of payments in respect of the levy—

(i) from final customers by the Board or the holder of a licence or an authorisation or the holder of a permit under section 37 of the Principal Act,

(ii) from the Board or such holders of a licence, authorisation or permit by the distribution system operator or the transmission system operator, and

(iii) from the distribution system operator by the transmission system operator,

(bb) in relation to a calculation underparagraph (a)(ii), for the collection and recovery of amounts in respect of the payments under that paragraph—

(i) from the Board or the holder of a licence or an authorisation or the holder of a permit under section 37 of the Principal Act by the distribution system operator or the transmission system operator, and

(ii) from the distribution system operator by the transmission system operator,

(c) for the making, out of payments collected underparagraph (b), of payments to the Board and holders of licences or authorisations, or holders of permits under section 37 of the Principal Act as appropriate, and

(d) for the making, out of payments collected underparagraph (bb), of payments—

(i) to the distribution system operator by the transmission system operator,

(ii) to the Board, the holder of a licence or an authorisation or the holder of a permit under section 37 of the Principal Act by the distribution system operator or the transmission system operator, and

(iii) to final customers by the Board or holders of a licence or an authorisation or holders of a permit under section 37 of the Principal Act.]

F410[(5A)F411[(a) The levy referred to inparagraph (a)(i)ofsubsection (5)shall be imposed on final customers in respect of a levy period and the payment referred to inparagraph (a)(ii)ofsubsection (5)shall be made to final customers in respect of a payment period in such a manner that—

(i) the levy or payment is apportioned between each category of electricity accounts specified in paragraph 1 of Schedule 2 on the basis of the maximum demand attributable to that category of accounts as a proportion of the aggregate of the maximum demand attributable to each of the three categories of accounts, and

(ii) each holder of an electricity account who is a final customer is charged and liable to pay the levy in respect of each electricity account on the basis set out inparagraph 2ofSchedule 2.]

(b) The attribution of the maximum demand in respect of each category of electricity account shall be carried out by the distribution system operator with the approval of the Commission in respect of each levy periodF412[or payment period.]

F413[(c) In this subsection and inSchedule 2—

"levy period" means a calendar year or such shorter period as may be specified in the order;

"payment period" means a calendar year or such shorter period as may be specified in the order.]]

(6) An order made under this section which, F414[in accordance withsubparagraph (i)ofsubsection (5)(a)], provides for the recovery of additional costs referred to in F415[that subparagraph] shall provide that such costs shall be recovered in respect of a F416[specified period] and that the amount to be paid in respect of each year F417[or part of a year] in that period to the Board or to a holder of a licence or an authorisation F418[or the holder of a permit undersection 37of the Principal Act] shall be the amount of the additional costs certified by the Commission as having been incurred by the Board or such holder of a licence or an authorisation F418[or the holder of a permit undersection 37of the Principal Act] in accordance with the order.

F419[(6A) An order made under this section which, in accordance withsubparagraph (ii)ofsubsection (5)(a), provides for a payment referred to in that subparagraph shall provide that such payment shall be made in respect of a specified period and that the amount to be paid in respect of each year or part of a year by the Board or holders of a licence or an authorisation or holders of a permit under section 37 of the Principal Act to a final customer shall be the amount of the additional benefits certified by the Commission as having been received by the Board or holders of a licence or an authorisation or holders of a permit under section 37 of the Principal Act in accordance with the order.]

(7) An order made under this section may—

(a) impose requirements (whether as to the furnishing of records or other information or the affording of facilities for the examination and testing of meters or otherwise) on the Board F420[, the transmission system operator, the distribution system operator] and on holders of licences or authorisations,

F421[(b) provide for the times at which any payments undersubsection (5)are to be made,]

(c) require the amount of any overpayment or underpayment which is made by or to any person to be set off against or added to any subsequent liability or entitlement of F422[that person,]

F423[(d) without prejudice to the generality ofparagraph (c)—

(i) provide for estimated and actual additional costs to be included in the calculation of additional costs and estimated and actual additional benefits to be included in the calculation of additional benefits,

(ii) provide for adjustment in the calculation of additional costs or additional benefits to account for—

(I) over recovery or under recovery of additional costs, or

(II) over recovery or under recovery of additional benefits,

arising in a previous payment period or levy period (within the meaning ofsubsection (5A))

and

(e) provide that payments referred to insubsection (5)(d)(iii)may be made to a final customer by way of credit given for purchase of electricity.]

F424[(8) The Minister shall exercise the powers conferred by this section so as to ensure that the sums realised byF425[payments pursuant tosubsection (5)]or otherwise are sufficient (after the payment of the administrative expenses, as certified by the Commission, of the Board and holders of licences or authorisations or holders of permits undersection 37of the Principal Act incurred in theF426[collection of the payments]) to pay to the Board and holders of licences or authorisations or holders of permits undersection 37of the Principal ActF427[, the distribution system operator and final customers]the payment required to be made by the order.]

(9) The Minister may by order, amend or revoke an order made under this section including an order made under this subsection but such amendment or revocation shall be without prejudice to the continued operation of the order in respect of additional costs F428[or additional benefits] of the type referred to in subsection (5) which the Commission certifies in respect of each year or part thereof of the unexpired part of the specified period of years to have been reasonably incurred notwithstanding the amendment or revocation.

(10) A draft of the order proposed to be made under this section shall be given by the Minister to the person or persons upon whom the obligation is to be imposed one month before the order is made.

(11) For the purposes of orders made under this section, “public service obligation” means an obligation placed on electricity undertakings which takes account of general social, economic and environmental factors.

F429[(12) In making an order under this section, the Minister shall have regard for the need for public service obligations to be imposed in a non-discriminatory and transparent manner.]

40. Transitional arrangements.

40.—(1) Where the Minister is satisfied that as a consequence of the implementation of Directive No. 96/92/EC of the European Parliament and of the Council of 19 December, 1996, the Board is unable to recover specified costs or revenue relating to a generating station constructed or under construction or reconstruction before the 19th day of February, 1997, he or she shall, after consultation with the Commission and the Commission of the European Communities, by order provide for the payment to the Board of an annual sum and for the recovery from final customers of the amounts so paid to the Board.

(2) The sum referred to in subsection (1) shall be calculated in accordance with the order in respect of the annual specified amounts of unrecovered costs or revenue that may occur in each single year applied only to a specified period of years.

(3) Notwithstanding the generality of subsection (1), the Minister may by order provide for—

(a) a levy on final customers in respect of electricity provided to such customers,

(b) the collection of payments in that respect by the Board and holders of licences or authorisations, or holders of a permit under section 37 of the Principal Act,

(c) the making of payments to the Board, out of such payments so collected,

(d) a condition that any amount paid to the Board under the order shall be used for purposes specified in the order and that the Commission shall have the power to ascertain whether such a condition is being complied with,

(e) conditions, in which a levy would be paid to the Board,

(f) the recovery from the Board of an amount or part thereof paid to it under the order where it has not been used in accordance with the order, and

(g) the certification by the Commission in respect of each year in the specified period of years that in that year the conditions specified in the order have been satisfied.

(4) An order made under this section may—

(a) impose requirements (whether as to the furnishing of records or other information or the affording of facilities for the examination and testing of meters or otherwise) on the Board,

(b) provide for the times at which payments (whether payments by way of levy or payments to the Board) are to be made,

(c) require the amount of any overpayment or underpayment which is made by or to any person to be set off against or added to any subsequent liability or entitlement of that person, and

(d) provide for the date of termination of the arrangement provided for in the order.

(5) The Minister shall exercise the powers conferred by this section so as to ensure that the sums realised by the levy are sufficient (after the payment of the administrative expenses of holders of licences to supply under section 14 or of the Board incurred in the collection of the levy) to pay to the Board the payment required to be made by the order.

(6) Subject to subsection (7), the Minister may by order amend or revoke an order made under this section including an order made under this subsection.

(7) The sum calculated in accordance with subsection (2) shall not be altered.

(8) A draft of the order proposed to be made under subsection (6) shall be given to the Board by the Minister one month before the order is made.

F430[PART VIA Emergency Measures in Event of Sudden Crisis] Annotations Amendments: F430 Inserted (24.12.2006) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 9, commenced on enactment.

40A. F431[Emergency measures.

40A.—(1) In the event of a sudden crisis in the energy market and where the physical safety or security of persons, apparatus or installations, or the integrity of the natural gas or electricity transmission system or the natural gas or electricity distribution system is threatened the Minister may by order direct—

(a) the Commission,

(b) the holder of a licence undersection 14,

(c) a person referred to insection 10A(2)(b)(i),(ii),(iii)or(iv)of the Gas Act 1976,

to take such safeguard measures as the Minister considers necessary, and the person to whom the order is directed shall comply with the direction.

(2) In making an order under this section the Minister shall have regard to the objective that the measures subject to a direction under the order—

(a) should cause the least possible disturbance to the functioning of the internal market in gas or electricity, and

(b) are not wider in scope than is strictly necessary to remedy the sudden difficulties.

(3) The Minister may by order, amend or revoke an order made under this section, including an order under this subsection.]

F432[PART VIB Carbon Revenue Levy] Annotations Amendments: F432 Inserted (30.06.2010) by Electricity Regulation (Amendment) (Carbon Revenue Levy) Act 2010 (13/2010), s. 3, commenced on enactment

40B. F433[Interpretation (Part VIB).

40B.—In this Part—

“allowance”has the meaning given to it by the Regulations of 2004;

“CADA”has the same meaning as in the Electricity Regulation Act 1999 (Public Service Obligations) Order 2002 (S.I. No. 217 of 2002) (as amended by the Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2007 (S.I. No. 583 of 2007));

“carbon revenue levy”has the meaning given to it bysection 40D;

“electricity generator”means a person licensed undersection 14(1)(a) to generate electricity;

“emissions”has the meaning given to it by the Regulations of 2004;

“installation”has the meaning given to it by the Regulations of 2004;

“levy period”means—

(a) a period of 3 months, and

(b) in the case where the final levy period is less than 3 months, that period;

“operator”has the meaning given to it by the Regulations of 2004;

“qualifying generating station”has the meaning given to it bysection 40D;

“Regulations of 2004”means the European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004);

“relevant date”means the date of the passing of the Electricity Regulation (Amendment) (Carbon Revenue Levy) Act 2010;

“Single Electricity Market Trading and Settlement Code”means the code of that name established pursuant tosection 9BA(1)and designated by the Commission pursuant to the Electricity Regulation Act 1999 (Single Electricity Market) Regulations 2007 (S.I. No. 406 of 2007), as from time to time revised, amended, supplemented or replaced;

“tonne of carbon dioxide equivalent”has the meaning given to it by the Regulations of 2004.]

40C. F434[Application of Part VIB to certain electricity generators.

40C.—This Part applies to every electricity generator who—

(a) is the operator of an installation that is in receipt of allowances issued by the Environmental Protection Agency pursuant to the Regulations of 2004, and

(b) is bound by the Single Electricity Market Trading and Settlement Code.]

40D. F435[Carbon revenue levy.

40D.—(1) Each electricity generator shall, subject to and in accordance with this Part and any regulations made under this Part, pay to the Commission, in respect of the immediately preceding levy period, a levy (in this Part referred to as the“carbon revenue levy”) on such amount of the revenues received during that levy period by the electricity generator concerned, through participation in the Single Electricity Market, as is attributable to the emissions from each installation of which the electricity generator is the operator, which amount is calculated in accordance with the formula—

E x P

where—

E is the total of the emissions, during the levy period concerned, from each installation of which the electricity generator concerned is the operator, calculated in accordance with the formula for the calculation of emissions set out in Schedule 4 to the Regulations of 2004, expressed in tonnes of carbon dioxide equivalent, and

P is the simple arithmetic average of the daily price of allowances for the levy period concerned by reference to such index as may be determined by the Commission from time to time in accordance withsubsection (2).

(2) When making a determination for the purposes of the construction of“P”in the formula insubsection (1), the Commission shall have regard to such transparent and accessible pricing information relating to allowance trading, including the daily price thereof, as may be available and the Commission shall, as soon as practicable, publish the determination on its website.

(3) The first levy period begins on the first day of the month immediately following the relevant date.

(4) The carbon revenue levy shall be payable in accordance with this Part in respect of all levy periods up to and including the final levy period which ends onF436[the date of the passing of the Electricity Regulation (Carbon Revenue Levy) (Amendment) Act 2012].

(5) Save in accordance withsubsection (6), no carbon revenue levy is payable by an electricity generator in respect of a generating station which is the subject of an order undersection 39.

(6) (a) This subsection applies to a generating station in respect of which the following conditions are complied with (in this Part referred to as a“qualifying generating station”)—

(i) the generating station is the subject of an order undersection 39, and

(ii) the electricity generator who is the operator of the generating station concerned is a counterparty to a CADA.

(b) For the purposes of the construction of“E”in the formula insubsection (1), the total of the emissions, during the levy period concerned, calculated in accordance with the formula for the calculation of emissions set out in Schedule 4 to the Regulations of 2004, shall, in the case of a qualifying generating station, include only such portion of the emissions as is attributable to the quantity of electricity produced by the qualifying generating station—

(i) in respect of which revenues are received during that levy period by the electricity generator concerned through participation in the Single Electricity Market, and

(ii) in respect of which the electricity generator does not receive payments from the Board in accordance with the CADA.]

40E. F437[Calculation of amount of carbon revenue levy.

40E.—The amount of the carbon revenue levy payable by an electricity generator in respect of the immediately preceding levy period shall be calculated by reference to—

(a) the amount calculated in accordance with the formula insection 40D(1), and

(b) the percentage rate provided for bysection 40F.]

40F. F438[Percentage rate.

40F.—(1) For the purpose of calculating the amount of the carbon revenue levy undersection 40Eand taking account of the fact that electricity generators, for the purposes of compliance with the Regulations of 2004, may require to purchase a proportion of their allowances, the percentage rate referred to insection 40E(b)shall be—

(a) such percentage rate as stands specified by order undersubsection (2), or

(b) where no amount stands so specified, 65 per cent.

(2) (a) The Minister may, from time to time, review the percentage rate provided for bysubsection (1)and may, subject to this section, having considered any representations made undersubsection (4)(a), by order provide for a percentage rate in lieu of the percentage rate provided for bysubsection (1)(a)or the percentage rate specified insubsection (1)(b).

(b) The Minister may revoke an order under this subsection without providing for a percentage rate, in which case the percentage rate specified insubsection (1)(b)shall apply.

(3) For the purposes of a review under this section the Minister shall have regard to—

(a) the effect of the carbon revenue levy on electricity generators, and

(b) such advice as the Commission may give to the Minister in relation to the competitiveness of electricity supplies and such other matters as the Commission considers appropriate or as the Minister may request.

(4) (a) Before making an order undersubsection (2), the Minister, following consultation with the persons specified inparagraph (b), shall publish a draft of the proposed order on the internet and by such other means as the Minister considers appropriate inviting persons to make representations in writing to the Minister in relation to the proposed order within 28 days from the date of publication on the internet.

(b) For the purposes ofparagraph (a), the Minister shall consult with—

(i) the Commission, and

(ii) electricity generators,

and may consult with such other persons as he or she considers appropriate.]

40G. F439[Returns to Commission.

40G.—(1) Each electricity generator shall make a return to the Commission within 10 working days of the end of each levy period, in the prescribed form and manner, of—

(a) the total of the emissions, during the levy period concerned, from each installation of which the electricity generator is the operator, calculated in accordance with the formula for the calculation of emissions set out in Schedule 4 to the Regulations of 2004, expressed in tonnes of carbon dioxide equivalent,

(b) in the case of a qualifying generating station, information relating to such portion of the total of the emissions referred to inparagraph (a)as is attributable to the quantity of electricity produced by the qualifying generating station—

(i) in respect of which revenues are received during the levy period concerned by the electricity generator through participation in the Single Electricity Market, and

(ii) in respect of which the electricity generator does not receive payments from the Board in accordance with the CADA,

and

(c) such other information as may be prescribed by the Commission for the purposes of this section relating to the verification of—

(i) the calculation of the total of the emissions referred to inparagraph (a), and

(ii) in the case of a qualifying generating station, the portion of the total of the emissions as referred to inparagraph (b).

(2) The Commission may make regulations providing for all or any of the following matters:

(a) the form and manner in which returns are to be made, including by electronic means, as appropriate;

(b) requirements relating to the certification of returns by or on behalf of the electricity generator;

(c) the information to be contained in returns relating to the verification of—

(i) the calculation of the total of the emissions referred to insubsection (1)(a), and

(ii) in the case of a qualifying generating station, the portion of the total of the emissions as referred to insubsection (1)(b);

(d) such other matters as the Commission considers appropriate relating to the making of returns.

(3) The Commission may request an electricity generator to give to the Commission such evidence as the Commission may reasonably require in order to verify any information, particulars or documents given to the Commission in respect of a return made under this section.

(4) A request undersubsection (3)shall be in such form as the Commission determines and shall specify a period of not less than 10 working days from the date of the request within which such evidence shall be given to the Commission.

(5) A person commits an offence where he or she knowingly gives to the Commission under this section information which is false or misleading in a material respect.

(6) A person convicted of an offence undersubsection (5)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.]

40H. F440[Notice of amount of carbon revenue levy.

40H.—The Commission shall, within 10 working days of receipt of the return undersection 40G, or within such longer period as the Commission may, in any particular case, determine, give to each electricity generator, in such form and manner as the Commission may determine, a notice in respect of the levy period concerned specifying—

(a) the average of the daily price of allowances for the levy period concerned referred to in the construction of "P" in the formula insection 40D(1),

(b) the percentage rate provided for bysection 40F,

(c) the amount of the carbon revenue levy payable by the electricity generator, calculated in accordance withsection 40E, in respect of each installation of which the electricity generator is the operator,

(d) the date by which the carbon revenue levy is due and payable and the form and manner in which it is to be paid, including by electronic means, as appropriate, and

(e) the consequences of non-payment of the carbon revenue levy.]

40I. F441[Payment of carbon revenue levy.

40I.—Within 15 working days after the date of the notice given undersection 40H, each electricity generator shall pay to the Commission, in the form and manner specified in the notice, the amount of the carbon revenue levy payable by the electricity generator.]

40J. F442[Condition of licences granted under section 14(1)(a).

40J.—It shall be a condition of every licence granted undersection 14(1)(a), whether granted before or after the relevant date, that the holder of the licence complies with the requirements imposed by this Part on electricity generators in respect of the carbon revenue levy.]

40K. F443[Interest on unpaid amount of carbon revenue levy.

40K.—If all or any part of the amount of carbon revenue levy specified in a notice given undersection 40His not paid on or before the date specified in the notice as the date on which the amount becomes payable, interest on the unpaid amount accrues at a rate calculated in accordance with Regulation 5 of the European Communities (Late Payment in Commercial Transactions) Regulations 2002 (S.I. No. 388 of 2002) for each day or part of a day beginning on the day on which the amount should have been paid and ending on the day immediately before the day on which it is paid.]

40L. F444[Recovery of unpaid carbon revenue levy and interest.

40L.—The Commission may recover, as a simple contract debt in any court of competent jurisdiction, from the electricity generator by whom it is payable any amount due and owing to the Commission under this Part in respect of the carbon revenue levy and any interest that has accrued on that amount.]

40M. F445[Proceeds of carbon revenue levy.

40M.—(1) The proceeds of the carbon revenue levy collected by the Commission under this Part shall be paid into an account, established by the Commission for the purposes of this section, which is separate from the Commission’s other accounts and moneys standing to the credit of that account shall not be used by the Commission other than in accordance with this section.

(2) The Minister For Finance may direct, following consultation with the Minister, that such amount as the Minister for Finance may determine of any dividend referred to insection 7of theElectricity (Supply) (Amendment) Act 2001be paid into the account referred to insubsection (1), in any financial year, in such manner as the Minister for Finance may direct under the saidsection 7.

(3) The Minister may give a direction that such sum or sums as the Minister may specify, with the prior consent of the Minister for Finance, standing to the credit of the account referred to insubsection (1)shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister may direct following consultation with the Minister for Finance.

(4)Section 10Ashall not apply to any direction given by the Minister undersubsection (3).

(5) The Commission shall manage and control the account referred to insubsection (1).

(6) The Commission shall—

(a) keep in such form as may be approved by the Minister, with the consent of the Minister for Finance, all proper and usual accounts relating to the account referred to insubsection (1), and

(b) as soon as may be after the end of each financial year, submit the accounts to the Comptroller and Auditor General for audit and those accounts when so audited shall, together with—

(i) the report of the Comptroller and Auditor General thereon, and

(ii) a report of the Commission to the Minister in relation to the performance of its functions under this Part in the previous year,

be presented as soon as may be after the end of the financial year to the Minister, who shall cause copies of the accounts and the reports referred to insubparagraphs (i)and(ii)to be laid before each House of the Oireachtas.]

F446[(7) (a) The Minister may give a direction to the Commission to close the account referred to insubsection (1).

(b) The Commission shall—

(i) close the account not later than 45 days after the date of the direction given underparagraph (a), and

(ii) pay moneys (if any) standing to the credit of the account as the Minister may direct undersubsection (3).]

PART VII Consequential Repeals and Amendments

41. Repeals.

41.—Sections 36 and 37 of the Principal Act are hereby repealed.

42. Amendment of section 35 of Principal Act.

42.—Section 35 of the Principal Act is hereby amended in subsection (1) by the insertion after “granted under this Act” of “or a licence granted under section 14 of the Electricity Regulation Act, 1999,” and the subsection as so amended is set out in the Table to this section.

TABLE

(1) From and after the expiration of six months from the passing of this Act or such further period as may be fixed by the Board for any particular area, no person (other than the Board) shall sell electricity or supply electricity for sale unless he is an authorised undertaker or is a person authorised by a permit granted under this Act or a licence granted under section 14 of the Electricity Regulation Act, 1999, to supply electricity.

43. Amendment of section 45 of Principal Act.

43.—Section 45 of the Principal Act is hereby amended in paragraph (a) of subsection (5) by the insertion after “the Board” of “or a holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, as the case may be” and the paragraph as so amended is set out in the Table to this section.

TABLE

(5) A special order made under this section may incorporate—

(a) the Acquisition of Land (Assessment of Compensation) Act, 1919, with the modification that the expression “public authority” shall include the Board or a holder of an authorisation under section 16 of the Electricity Regulation Act, 1999, as the case may be.

44. Amendment of section 77 of Principal Act.

44.—Section 77 of the Principal Act is hereby amended by the substitution for that section of the following section:

45. Amendment of section 98 of Principal Act.

45.—Section 98 of the Principal Act is hereby amended by the substitution for that section of the following section:

46. Amendment of Freedom of Information Act, 1997.

46.—The First Schedule of the Freedom of Information Act, 1997, is hereby amended by the inclusion in paragraph 1(2) of the following—

“the Commission for Electricity Regulation,”.

PART VIII Miscellaneous

47. Compulsory acquisition of land by Commission, etc.

47.—(1) Subject to subsection (2) the power to make a special order conferred on the Board by section 45(1) of the Principal Act shall be exerciseable by the Commission and not by the Board on the application of the Board or a holder of an authorisation or a person who has applied for an authorisation and any references in that Act to the making of special orders shall be construed as references to the making of such orders by the Commission.

(2) A special order made by the Commission shall operate to confer on an applicant for an authorisation under section 16 the functions which such an order would confer on the Board.

(3) Where an application is made to the Commission for a special order under this section, section 45(2) to (6) of the Principal Act shall apply to the Commission as it does to the Board.

48. Construction of sections 51 and 52(1) of Principal Act.

48.—The power to lay electric lines conferred on the Board by section 51 and section 52(1) of the Principal Act may, with the consent of the Commission, also be exercised by the holder of an authorisation or the holder of a direct line permission under section 37 and the said section 51 and 52(1) shall apply to the holder of an authorisation or the holder of a direct line permission under the said section 37 in like manner as they apply to the Board.

49. Construction of section 53 of Principal Act.

49.—A holder of an authorisation or the holder of a direct line permission may, with the consent of the Commission, for the purposes of such authorisation, exercise the powers conferred on the Board by subsections (1) to (5) and (9) of section 53 of the Principal Act and references to the Board in those subsections shall be construed as including references to a holder of an authorisation.

50. Construction of section 54 of Principal Act.

50.—(1) Subject to subsection (2), references in section 54 of the Principal Act to an authorised undertaker shall include references to the holder of an authorisation or the holder of a direct line permission under section 37.

(2) Where regulations made before the commencement of this section are made by the Board under the Principal Act which regulate the placing of electric lines across or along or either over or under any railway, land, inland navigation, dock or harbour those regulations shall apply to the holder of an authorisation or the holder of a direct line permission under section 37.

(3) The Board shall not amend regulations to which subsection (2) applies without the consent of the Commission.

(4) The Commission may prescribe modifications to regulations referred to in subsection (2) for the purposes of enabling their application to the holder of an authorisation or the holder of a direct line permission under section 37.

51. Construction of section 91 of Principal Act.

51.—Section 91 of the Principal Act shall apply to the holder of an authorisation or the holder of a direct line permission under section 37 in like manner as it applies to an authorised undertaker and references to the Board shall be construed as references to the Commission for that purpose.

52. Application of certain regulations.

52.—Regulations made by the Board before the commencement of this section under section 2 of the Electricity (Supply) (Amendment) Act, 1949, shall have effect in respect of persons to whom licences or authorisations have been granted under this Act or in respect of eligible customers.

53. Amendment of section 2(2) of Electricity (Supply) (Amendment) Act, 1949.

53.—Section 2 of the Electricity (Supply) (Amendment) Act, 1949, is hereby amended by the substitution of the following subsection for subsection (2):

“(2) Where the Board proposes to make regulations under this section the purposes of which are not solely connected with the procedure, administration or internal direction of the Board, it shall submit the regulations to the Commission for approval and the Commission may—

(a) approve of the regulations with or without amendments, or

(b) refuse to approve of the regulations until amendments specified by the Commission are made by the Board.”.

54. Repeal of section 2(3), (4) and (6) of Electricity (Supply) (Amendment) Act, 1949.

54.— Section 2(3), (4) and (6) of the Electricity (Supply) (Amendment) Act, 1949, is hereby repealed.

F447[PART IX Power to Carry Out Investigations and Impose Administrative Sanction] Annotations Amendments: F447 Inserted (28.04.2017) by Energy Act 2016 (12/2016), s. 5, S.I. No. 171 of 2017.

55. F448[Definitions (Part IX and Schedule 4)

55.—In this Part andSchedule 4—

“improper conduct”means—

(a) failure by the holder of a licence undersubsection (1)(b)ofsection 14to comply, undersubsection (2M)(b)of that section, with such standards of performance as may be specified by the Commission undersubsection (2M)(a)of that section in the licence concerned,

(b) failure by the holder of a licence undersection 14(1)(e),(g)or(h), as the case may be, to comply, under Regulation 26(1) of the European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), with such standards of performance as may be specified by the Commission under Regulation 26(2) of those Regulations in the licence concerned,

(c) failure by an interconnector operator to comply with the determination of the Commission undersection 34A(5),

(d) failure, by the holder of a licence undersection 16(1)(a)of theGas (Interim) (Regulation) Act 2002, undersection 16(1F)of that Act, to keep, and make available on a request being made, data relating to transactions in gas supply contracts and gas derivatives with wholesale customers, transmission system operators and storage and LNG operators, or

(e) failure by the holder of a licence undersubsection (1)(a),(c)or(d)ofsection 16of theGas (Interim) (Regulation) Act 2002to comply, undersubsection (4A)(b)of that section, with such standards of performance as may be specified by the Commission undersubsection (4A)(a)of that section in the licence concerned;

“inspector”means a person appointed undersection 56(1)to be an inspector for the purposes of this Part;

“investigation”means an investigation undersection 57(1);

“investigation report”, in relation to an investigation, means a report in writing prepared, following the completion of the investigation, by the inspector appointed undersection 57(2)to carry out the investigation;

“major sanction”means—

(a) a direction to a specified body that the specified body pay a sum, as specified in the direction, but not exceeding€50,000, to the Commission, being the whole or a part of the cost to the Commission of an investigation of the specified body,

(b) a direction to a specified body that the specified body pay a sum, as specified in the direction, but not exceeding 10 per cent of the turnover of the specified body, to the Commission by way of a financial penalty for improper conduct, by the specified body, specified in the direction, or

(c) any combination of the sanctions specified inparagraphs (a)and(b);

“minor sanction”means—

(a) the issue, to a specified body, of—

(i) advice,

(ii) a caution,

(iii) a warning, or

(iv) a reprimand,

or

(b) any combination of any of the sanctions specified inparagraph (a);

“premises”includes vessel, aircraft, vehicle and any other means of transport, as well as land and any other fixed or movable structure;

“specified body”means a person referred to in any ofparagraphs (a)to(e)of the definition in this section of“improper conduct”;

“turnover”means, in relation to a specified body, the turnover of the body in the financial year of the body ending immediately before the financial year in which the improper conduct took place.]

56. F449[Appointment of inspectors

56.—(1) For the purposes of this Part—

(a) the Commission may appoint such members of its staff as it thinks fit to be inspectors for such period and subject to such terms as the Commission may determine,

(b) the Commission may appoint such other persons as it thinks fit to be inspectors for such period and subject to such terms (including terms as to remuneration and allowances for expenses) as the Commission, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, may determine.

(2) Each inspector shall, on his or her appointment, be furnished with a certificate of appointment and, when exercising a power conferred on him or her or performing any function imposed by this Part, shall, if requested by any person thereby affected, produce the certificate or a copy of it, to that person for inspection.]

57. F450[Investigation

57.—(1) Where the Commission considers it is necessary to do so for the purpose of the performance of any of the functions conferred on it by or under this Act or any other Act of the Oireachtas, the Commission may cause such investigation as it thinks fit to be carried out to identify any improper conduct by a specified body.

(2) For the purposes of the investigation, the Commission shall appoint an inspector, subject to such terms as it thinks fit—

(a) to carry out the investigation, and

(b) to submit to the Commission an investigation report following the completion of the investigation.

(3) The terms of appointment of an inspector may define the scope of the investigation to be carried out by the inspector, whether as respects the matters or the period to which it is to extend or otherwise, and in particular may limit the investigation to matters connected with particular circumstances.

(4) Where more than one inspector has been appointed to carry out an investigation, the investigation report shall be prepared jointly by the inspectors so appointed and this Part shall, with all necessary modifications, be construed accordingly.

(5) Where the Commission has appointed an inspector to carry out an investigation, the inspector shall, as soon as is practicable after being so appointed—

(a) give notice in writing to the specified body concerned of the matters to which the investigation relates, and

(b) give the specified body—

(i) copies of any documents relevant to the investigation, and

(ii) a copy of this Part,

and

(c) without prejudice to the generality ofsection 58, afford the specified body an opportunity to respond within 30 days from the date on which it received the notice referred to inparagraph (a), or such further period not exceeding 30 days as the inspector allows, to the matter to which the investigation relates.]

58. F451[Powers of inspectors

58.—(1) For the purposes of an investigation, an inspector may—

(a) subject tosubsections (13)and(14), at all reasonable times enter, inspect, examine and search any premises at, in or by means of, which any activity of a specified body, authorised by or under any enactment or by any licence or authorisation held by the specified body, is carried on,

(b) subject tosubsections (13)and(14), at all reasonable times enter, inspect, examine and search any dwelling occupied by—

(i) a specified body, or

(ii) a director, manager or any member of staff of a specified body,

that carries on an activity referred to inparagraph (a), being a dwelling as respects which there are reasonable grounds to believe records, books, accounts or other documents relating to the carrying on of that activity are being kept in it,

(c) without prejudice to any other power conferred by this subsection, require any person found in or on any premises referred to in any of the preceding paragraphs or any person in charge of or in control of such premises or directing any activity therein referred to inparagraph (a)to produce any records, books, accounts or other documents which it is necessary for the inspector to see for the purposes of the investigation (and the inspector may inspect, examine and copy any such records, books, accounts or other documents so produced or require any such person to provide a copy of them or of any entries in them to the inspector),

(d) require any person referred to inparagraph (c)to afford such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the inspector to exercise any of the powers conferred on the inspector underparagraph (a),(b)or(c),

(e) require any person by whom or on whose behalf data equipment is, or has been, used in connection with an activity referred to inparagraph (a), or any person having charge of, or otherwise concerned with the operation of, such data equipment or any associated apparatus or material, to afford the inspector all reasonable assistance in respect of its use,

(f) require the specified body or the specified body’s employee or agent to give such authority in writing addressed to any bank that the inspector requires for the purpose of enabling the inspection of any account or accounts opened, or caused to be opened, by the specified body at such bank (or any documents relating thereto) and to obtain from such bank copies of such documents relating to such account or accounts for such period or periods as the inspector deems necessary to fulfil that purpose, and

(g) be accompanied by a member of the Garda Síochána if there is reasonable cause to apprehend any serious obstruction in the performance of any of the inspector’s functions under this subsection.

(2) A requirement undersubsection (1)(c),(d),(e)or(f)shall specify a period within which, or a date and time on which, the person the subject of the requirement is to comply with it.

(3) For the purposes of an investigation, an inspector—

(a) may require a person who, in the inspector’s opinion—

(i) possesses information that is relevant to the investigation, or

(ii) has any records, books, accounts or other documents within that person’s possession or control or within that person’s procurement that are relevant to the investigation,

to provide that information or those records, books, accounts or other documents, as the case may be, to the inspector, and

(b) where the inspector thinks fit, may require that person to attend before the inspector for the purpose of so providing that information or those records, books, accounts or other documents, as the case may be,

and the person shall comply with the requirement.

(4) A requirement undersubsection (3)shall specify—

(a) a period within which, or a date and time on which, the person the subject of the requirement is to comply with it, and

(b) as the inspector concerned thinks fit—

(i) the place at which the person shall attend to give the information concerned or to which the person shall deliver the records, books, accounts or other documents concerned, or

(ii) the place to which the person shall send the information or the records, books, accounts or other documents concerned.

(5) A person required to attend before an inspector undersubsection (3)—

(a) is also required to answer fully and truthfully any question put to the person by the inspector, and

(b) if so required by the inspector, shall answer any such question under oath.

(6) Where it appears to an inspector that a person has failed to comply or fully comply with a requirement undersubsection (1),(3)or(5), the inspector may, on notice to that person and with the consent of the Commission, apply in a summary manner to the Circuit Court for an order undersubsection (7).

(7) Where satisfied after hearing the application about the person’s failure to comply or fully comply with the requirement in question, the Circuit Court may, subject tosubsection (10), make an order requiring that person to comply or fully comply, as the case may be, with the requirement within a period specified by the Court.

(8) An application undersubsection (6)to the Circuit Court shall be made to a judge of that Court for the circuit in which the person the subject of the application ordinarily resides or carries on any profession, business or occupation.

(9) The administration of an oath referred to insubsection (5)(b)by an inspector is hereby authorised.

(10) A person the subject of a requirement undersubsection (1),(3)or(5)shall be entitled to the same immunities and privileges in respect of compliance with such requirement as if the person were a witness before the High Court.

(11) Any statement or admission made by a person pursuant to a requirement undersubsection (1),(3)or(5)is not admissible against that person in criminal proceedings other than criminal proceedings for an offence undersubsection (17), and this shall be explained to the person in ordinary language by the inspector concerned.

(12) Nothing in this section shall be taken to compel the production by any person of any records, books, accounts or other documents which he or she would be exempt from producing in proceedings in a court on the ground of legal professional privilege.

(13) An inspector shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued undersubsection (14)authorising the entry.

(14) A judge of the District Court, if satisfied on the sworn information of an inspector that—

(a) (i) there are reasonable grounds for suspecting that any information is, or records, books, accounts or other documents required by an inspector under this section are, held on any premises or any part of any premises, and

(ii) an inspector, in the performance of functions undersubsection (1), has been prevented from entering the premises or any part thereof,

or

(b) it is necessary that the inspector enter a private dwelling and exercise therein any of his or her powers under this section,

may issue a warrant authorising the inspector, accompanied if necessary by other persons, at any time or times within 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any such functions and exercise all or any such powers.

(15) For the purposes of an investigation, an inspector may, if he or she thinks it proper to do so, of his or her own volition or at the request of the specified body to whom the investigation relates, conduct an oral hearing.

(16) Part 1 of Schedule 4 shall have effect for the purposes of an oral hearing referred to insubsection (15).

(17) Subject tosubsection (12), a person who—

(a) withholds, destroys, conceals or refuses to provide any information or records, books, accounts or other documents required for the purposes of an investigation,

(b) fails or refuses to comply with any requirement of an inspector under this section, or

(c) otherwise obstructs or hinders an inspector in the performance of functions conferred by or under this Part,

commits an offence and is liable—

(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(ii) on conviction on indictment, to a fine not exceeding€50,000 or imprisonment for a term not exceeding 5 years or both.

(18) Subject tosubsection (19), where a specified body is convicted summarily of an offence undersubsection (17), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that any licence or authorisation held by the specified body be revoked and that the former holder be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from applying for any new licence or authorisation or a particular class of new licence or authorisation.

(19) An order undersubsection (18)shall not take effect until—

(a) the ordinary time for bringing an appeal against the conviction concerned or the order has expired without any such appeal having been brought,

(b) such appeal has been withdrawn or abandoned, or

(c) on any such appeal, the conviction or order, as the case may be, is upheld.

(20) Subject tosubsection (21), where a specified body is convicted on indictment of an offence undersubsection (17), the court shall order that all licences and authorisations held by the specified body be revoked and that the former holder be permanently prohibited from applying for any new licence or authorisation.

(21) An order undersubsection (20)shall not take effect until—

(a) the ordinary time for bringing an appeal against the conviction concerned has expired without any such appeal having been brought,

(b) any such appeal has been withdrawn or abandoned, or

(c) on any such appeal, the conviction is upheld.

(22) In this section,“records, books, accounts or other documents”includes copies of records, books, accounts or other documents.

(23) In this section where records, books, accounts or other documents are held or maintained in electronic form, the obligation to produce or provide records, books, accounts or other documents includes an obligation to provide those records, books, accounts or other documents in a legible and comprehensible printed form.]

59. F452[Actions to be taken by inspector upon completion of investigation

59.—(1) Subject tosubsection (3), where an inspector has completed an investigation, the inspector shall, as soon as is practicable after having considered, in so far as they are relevant to the investigation, any information or records, books, accounts or other documents provided to the inspector pursuant to any requirement undersection 58or any statement or admission made by any person pursuant to any requirement under that section, any submissions made and any evidence presented (whether at an oral hearing referred to insection 58(15)or otherwise)—

(a) prepare a draft of the investigation report, and

(b) give to the specified body to whom the investigation relates—

(i) a copy of the draft of the investigation report,

(ii) a copy of this section, and

(iii) a notice in writing stating that the specified body may, not later than 30 days from the date on which it received the notice, or such further period not exceeding 30 days as the inspector allows, make submissions in writing to the inspector on the draft of the investigation report.

(2) Subject tosubsection (3), an inspector who has complied withsubsection (1)following the completion of an investigation shall, as soon as is practicable after—

(a) the expiration of the period referred to insubsection (1)(b)(iii), and

(b) having—

(i) considered the submissions (if any) referred to insubsection (1)(b)(iii)made before the expiration of that period on the draft of the investigation report concerned, and

(ii) made any revisions to the draft of the investigation report which, in the opinion of the inspector are warranted following such consideration,

prepare the final form of the investigation report and submit it to the Commission along with any such submissions annexed to the report.

(3) Where an inspector states, whether in a draft of the investigation report or in the final form of the investigation report, that he or she is satisfied that improper conduct by the specified body to whom the investigation relates has occurred or is occurring, the inspector shall not make any recommendation, or express any opinion, in the report as to any major sanction or any minor sanction, as the case may be, that he or she thinks ought to be imposed on the specified body in respect of such improper conduct in the event that the Commission is also satisfied that improper conduct by the specified body has occurred or is occurring.]

60. F453[Actions to be taken by Commission on receipt of investigation report

60.—(1) On receipt of an investigation report submitted to it by an inspector in accordance withsection 59(2), the Commission shall consider the report and any submissions annexed to it.

(2) Subject tosubsection (3), where the Commission has considered an investigation report (and any submissions annexed to it) undersubsection (1), the Commission—

(a) if it is satisfied that improper conduct by the specified body to whom the investigation relates has occurred or is occurring, shall, subject tosubsection (6)andsection 61—

(i) impose a minor sanction on the specified body, or

(ii) impose a major sanction on the specified body,

as it thinks fit in the circumstances of the case,

(b) if it is not satisfied that improper conduct has occurred or is occurring but is of the opinion that a further investigation of the specified body is warranted, shall cause the further investigation to be carried out pursuant to its powers undersection 57, or

(c) if it is not satisfied that improper conduct has occurred or is occurring and is not of the opinion that a further investigation of the specified body is warranted, shall take no further action.

(3) Where the Commission has considered an investigation report (and any submissions annexed to it) in accordance withsubsection (1), the Commission may, if it considers it proper to do so for the purposes of assisting it to make a decision undersubsection (2), or for the purposes of observing fair procedures, for those purposes—

(a) conduct an oral hearing, or

(b) give to the specified body to whom the investigation concerned relates—

(i) a copy of the investigation report, and

(ii) a notice in writing stating that the specified body may, not later than 30 days from the date it received the notice, or such further period not exceeding 30 days as the Commission allows, make submissions in writing to the Commission on the investigation report.

(4)Part 2ofSchedule 4shall have effect for the purposes of an oral hearing referred to insubsection (3)(a).

(5) The Commission shall, as soon as is practicable after making a decision undersubsection (2), give notice in writing of the decision and the reasons for the decision to the specified body to whom the investigation concerned relates and, ifsubsection (2)(a)applies in the case of that specified body, set out in that notice—

(a) the minor sanction or major sanction imposed on the specified body for the improper conduct specified in the notice in respect of which the Commission is satisfied as referred to in that subsection, and

(b) the reasons for the imposition of such minor sanction or major sanction, as the case may be.

(6) Wheresubsection (2)(a)applies in the case of a specified body the Commission shall, in deciding the sanction to be imposed on the specified body, take into consideration the matters referred to insection 65.

(7) The Commission may publish particulars, in such form and manner and for such period as it thinks fit, of any imposition of any major sanction or any minor sanction, as the case may be, on a specified body pursuant to a decision confirmed or given undersection 62or63, as the case may be.]

61. F454[Confirmation of High Court required before decision to impose sanction takes effect

61.—A decision undersection 60(2)to impose a major sanction on a specified body shall not take effect unless the decision is confirmed by the High Court undersection 62or63, as the case may be.]

62. F455[Appeal to High Court against decision to impose major sanction

62.—(1) A specified body, the subject of a decision undersection 60(2)(a)to impose a major sanction, may, not later than 30 days from the date the specified body received the notice undersection 60(5), appeal to the High Court against the decision.

(2) The High Court may, on the hearing of an appeal by a specified body undersubsection (1), consider any evidence adduced or argument made, whether or not adduced or made to an inspector or the Commission.

(3) Subject tosubsection (4), the High Court may, on the hearing of an appeal by a specified body undersubsection (1)—

(a) either—

(i) confirm the decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

(I) to do either or both of the following:

(a) impose a different major sanction on the specified body;

(b) impose a minor sanction on the specified body,

or

(II) to impose neither a major sanction nor a minor sanction on the specified body,

and

(b) whetherparagraph (a)(i)or(ii)is applicable, make such order as to costs as it thinks fit in respect of the appeal.

(4) The High Court shall, for the purposes ofsubsection (3)(a)(i)or(ii)(I), take into consideration the matters referred to insection 65.]

63. F456[Application to High Court to confirm decision to impose major sanction

63.—(1) Where a specified body does not, within the period allowed undersection 62(1), appeal to the High Court against a decision undersection 60(2)(a)to impose a major sanction on the specified body, the Commission shall, as soon as is practicable after the expiration of that period by motion on notice to the specified body make an application in a summary manner to the High Court for confirmation of the decision.

(2) The High Court shall, on the hearing of an application undersubsection (1), confirm the decision undersection 60(2)(a)unless the Court considers that there is good reason not to do so.]

64. F457[Provisions supplemental to decisions of High Court

64.—(1) The decision of the High Court on an appeal undersection 62or an application made undersection 63is final except that the Commission or the specified body the subject of the decision may, by leave of the Court or the Court of Appeal, appeal against the decision to the Court of Appeal on a specified question of law.

(2) Where the High Court confirms or gives a decision undersection 62(3)or63(2), the Commission shall, as soon as is practicable after the decision is confirmed or given, as the case may be, give notice in writing of the decision to the specified body the subject of the decision.

(3) Any amount specified in paragraph (a) or (b) of the definition of“major sanction”insection 55due to the Commission pursuant to a decision confirmed or given undersection 62(3)or63(2), as the case may be, by the High Court shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform may direct.

(4) The Commission may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to the Commission pursuant to a decision confirmed or given undersection 62(3)or63(2), as the case may be, by the High Court.]

65. F458[Matters to be considered in determining sanction to be imposed

65.—The Commission or the High Court, as appropriate, in considering—

(a) the minor sanction or major sanction to be imposed on a specified body pursuant tosection 60(2)(a), or

(b) the minor sanction or major sanction (if any) to be imposed on a specified body pursuant to a decision confirmed or given undersection 62(3)or63(2), as the case may be,

shall take into account the circumstances of the improper conduct concerned (including the factors occasioning it) and, without prejudice to the generality of the foregoing, may have regard to—

(i) the need to ensure that any sanction imposed—

(I) is appropriate and proportionate to the improper conduct, and

(II) if applicable, will act as a sufficient incentive to ensure that any like improper conduct will not occur in the future,

(ii) the seriousness of the improper conduct,

(iii) the turnover of the specified body in the financial year of the body ending in the year immediately before the financial year in which the improper conduct last occurred,

(iv) the extent of any failure by the specified body to co-operate with the investigation concerned of the specified body,

(v) any excuse or explanation by the specified body for the improper conduct or failure to co-operate with the investigation concerned,

(vi) any gain (financial or otherwise) made by the specified body or by any person in which the specified body has a financial interest as a consequence of the improper conduct,

(vii) the amount of any loss suffered or costs incurred as a result of the improper conduct,

(viii) the duration of the improper conduct,

(ix) the repeated occurrence of improper conduct by the specified body,

(x) if applicable, the continuation of the improper conduct after the specified body was notified of the investigation concerned,

(xi) if applicable, the absence, ineffectiveness or repeated failure of internal mechanisms or procedures of the specified body intended to prevent improper conduct from occurring,

(xii) if applicable, the extent and timeliness of any steps taken to end the improper conduct and any steps taken for remedying the consequences of the improper conduct,

(xiii) whether a sanction in respect of like improper conduct has already been imposed on the specified body by a court, the Commission or another person, and

(xiv) any precedents set by a court, the Commission or another person in respect of previous improper conduct.]

66. F459[Powers of Commission

66.—The powers conferred on the Commission by this Part are without prejudice to the powers conferred on it by or under this Act or any other Act of the Oireachtas.]