Sustainable Energy Act 2002

1. Citation.

1.—This Act may be cited as the Sustainable Energy Act, 2002.

2. Interpretation.

2.—In this Act, unless the context otherwise requires—

“the Authority” means the body established by section 4;

“the Board” means the Board of the Authority;

“enactment” includes any instrument made under an enactment;

“the establishment day” means the day appointed by the Minister under section 3;

“functions” includes powers and duties;

“the Minister” means the Minister for Public Enterprise;

“superannuation benefits” means pensions, gratuities, and other allowances payable on resignation, retirement or death.

3. Establishment day.

3.—The Minister may, with the concurrence of the Minister for Finance and the Minister for Enterprise, Trade and Employment, by order appoint a day to be the establishment day for the purposes of this Act.

4. Establishment of new body.

4.—(1) There shall stand established, on the establishment day, a body to be known as Fuinneamh Inmharthana Éireann — Údarás Fuinnimh Inmharthana na hÉireann or in the English language Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland (in this Act referred to as the “Authority”) which shall perform the functions assigned to it by this Act.

(2) The Authority shall be a body corporate with perpetual succession and a seal and with power—

(a) to sue and be sued in its corporate name,

(b) to acquire, hold and dispose of land or an interest in land, with the consent of the Minister, and

(c) to acquire, hold and dispose of any other property.

5. Expenses of Minister.

5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

6. Functions of Authority.

6.—(1) The functions of the Authority shall be—

(a) to promote and assist environmentally and economically sustainable production, supply and use of energy,

(b) to promote and assist energy efficiency and renewable sources of energy,

(c) to promote and assist the reduction of greenhouse gas emissions and transboundary air pollutants associated with the production, supply and use of energy,

(d) to promote and assist the minimising of the impact on the environment of the production, supply and use of energy,

(e) to promote and assist research, development and demonstration of technologies connected with the foregoing paragraphs of this subsection,

(f) to provide advice, information and guidance—

(i) to the Minister and such other Ministers or bodies as the Minister may direct, and

(ii) to energy suppliers and users,

relating to the matters specified in the foregoing paragraphs of this F1[subsection,]

F2[(g) to design and establish frameworks under and in accordance with Regulations 5 and 9 of the European Union (Renewable Energy) Regulations 2022 ( S.I. No. 76 of 2022 ) and to provide assistance to the Commission for Regulation of Utilities in accordance with Regulation 5(4) of those Regulations.]

(2) The Authority shall have all such powers as are necessary for or are incidental to the performance of its functions under this Act, including—

(a) co-operating with the Central Statistics Office and acting as an agent of that Office in relation to matters related to the functions of the Authority,

(b) the compilation, extraction and dissemination of information and projections relating to energy production and use (including implications relating to the sourcing, transformation, transmission, distribution and emissions thereof),

(c) the licensing, regulation and control of activities related to the functions where directed by the Minister from time to time,

(d) the initiation, development, administration, participation in and promotion of schemes and programmes of action,

(e) the promotion of and assistance with participation in international programmes,

(f) the provision of assistance in the co-ordination of activities carried out in the State related to sustainable energy,

(g) the assessment of energy technologies and markets for the purpose of promoting best practice,

(h) encouraging the establishment and development of companies involved in the provision of services,

(i) the exchange of information with organisations outside the State and participation in international activities,

(j) representation of a Minister of the Government at meetings of international bodies where requested to do so by the Minister,

in connection with the matters referred to in subsection (1).

(3) The Authority may perform any of its functions through or by a member of its staff duly authorised by the Authority in that behalf.

(4) The Authority shall have all such powers as are necessary for or are incidental to the performance of its functions under this Act.

7. Power to establish subsidiaries.

7.—(1) The Authority may, with the consent of the Minister and the Minister for Finance, perform any of its functions through a subsidiary and, for the purpose of such performance, may acquire, form or establish one or more than one subsidiaries (within the meaning of section 155 of the Companies Act, 1963) and for that purpose may acquire, hold or dispose of shares or any other interest in a company or become a member of a company (within the meaning of the Companies Acts, 1963 to 2001).

(2) In relation to the exercise of its powers under subsection (1)—

(a) the Board of the Authority shall ensure that the memorandum and articles of association of a subsidiary are in a form consistent with this Act, and that the prior approval of the Minister and the Minister for Finance are obtained in relation to such memorandum and articles, and any alterations to them,

(b) the Minister may give a direction in writing to the Authority on any matter relating to a subsidiary, and the Authority shall comply or ensure compliance with any such direction,

(c) the Minister shall not issue a direction to the Authority under paragraph (b) which relates to the disposal of any assets or surpluses of a subsidiary without the consent of the Minister for Finance,

(d) the grades of staff and the number of staff of a subsidiary shall be determined by the Board of the Authority, with the consent of the Minister and the Minister for Finance,

(e) the staff of any subsidiary shall hold office or employment subject to such terms and conditions as are approved by the Minister with the consent of the Minister for Finance.

8. Additional functions.

8.—(1) The Minister may, following consultation with the Authority, the Minister for Finance and any other Minister of the Government who, in the opinion of the Minister, is concerned, by order assign to the Authority such additional functions relating to sustainable energy, energy efficiency and renewable energy as the Minister considers appropriate.

(2) Without prejudice to the generality of subsection (1), an order under this section may assign to the Authority any function which relates to sustainable energy, energy efficiency and renewable energy and which arises from, or is necessary for, the implementation of any provision of the treaties governing the European Communities or any act adopted by the institutions of those Communities or other international convention or agreement to which the State is, or becomes, a party.

9. Orders.

9.—(1) An order under this Act may contain such consequential, ancillary or subsidiary provisions as the Minister considers necessary or expedient.

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

(3) Where it is proposed to make an order under this Act (other than an order under section 3), a draft of the order shall be laid before each House of the Oireachtas, and the order shall not be made until a resolution approving the draft has been passed by each such House.

10. Board of Authority.

10.—(1) The Board shall consist of 12 members.

(2) The Board shall direct the functions of the Authority in accordance with this Act and shall satisfy itself as to the adequacy of the systems in place for that purpose and shall keep under review the performance of the Authority.

(3) Each member of the Board shall be a person who, in the opinion of the Minister, has experience and competence in relation to one or more of the following areas:

(a) renewable energy methodologies and technologies;

(b) conservation and efficient use of energy;

F3[(c) environmental matters, including climate change and environmental sustainability, in the person’s capacity as a representative of the commercial or not-for-profit sector or otherwise, as the case may be;]

(d) education;

(e) engineering;

(f) economics;

(g) finance;

(h) the construction industry;

(i) urban development;

(j) energy production and supply;

(k) motor engineering;

(l) legal matters;

(m) trade union matters;

(n) transport;

(o) industry;

(p) commerce.

(4) The Minister, with the consent of the Minister for Finance, shall appoint the members of the Board other than the Chief Executive, and the members appointed by the Minister shall, subject to the other provisions of this section, hold and vacate office as the Minister may determine.

(5) The Minister shall designate one member of the Board (other than the Chief Executive) as chairperson for a period not greater than 5 years.

(6) The Chief Executive shall, subject to subsections (6) and (7) of section 15, be a member of the Board.

(7) There shall be paid to members of the Board in relation to their membership of the Board, out of moneys at the disposal of the Board, such remuneration (if any) and such allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.

(8) Each member of the Board shall hold office on such terms (other than those relating to the payment of remuneration and allowances for expenses) as the Minister determines at the time of appointment of such member.

F3[(9) Each member of the Board shall be appointed for a period not exceeding 5 years.]

F3[(10) The Minister in setting a term of appointment undersubsection (8)shall consider the need for continuity of membership of the Board.]

(11) F4[…]

(12) F4[…]

(13) A member of the Board shall cease to be and shall be disqualified from being a member of the Board where such member—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) on conviction on indictment by a court of competent jurisdiction is sentenced to a term of imprisonment, or

(d) is disqualified or restricted from being a director of any company (within the meaning of the Companies Acts, 1963 to 2001).

(14) A member of the Board may resign from the Board by letter addressed to the Minister and the resignation shall take effect on receipt of the letter by the Minister.

(15) A member of the Board may at any time be removed from membership of the Board by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Authority of its functions.

(16) If a member of the Board other than the Chief Executive dies, resigns, becomes disqualified or is removed from office the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned.

(17) A member of the Board whose period of membership expires by the effluxion of time shall be eligible for re-appointment as a member of the Board, but a member of the Board, other than the Chief Executive, shall not serve for more than 10 F4[…] years.

(18) Subject to section 12(3) the Board may act notwithstanding one or more vacancies in its membership.

(19) In making appointments to the Board the Minister shall have regard to the objective of there being not less than 4 members who are women and not less than 4 members who are men.

11. Chairperson of Board of Authority.

11.—(1) Where the chairperson of the Board ceases to hold such office, he or she shall also cease to be a member of the Board.

(2) Where the chairperson of the Board ceases to be a member of the Board, he or she shall also thereupon cease to be chairperson of the Board.

(3) The chairperson of the Board may at any time resign his or her office as chairperson by letter addressed to the Minister and the resignation shall take effect on receipt of the letter by the Minister.

(4) The chairperson of the Board shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (2) or (3), hold such office until the expiration of his or her period of membership of the Board and if he or she is re-appointed as a member of the Board, he or she shall be eligible to be designated as chairperson of the Board in accordance with section 10(5).

12. Meetings and procedure of Board of Authority.

12.—(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions but shall hold at least one meeting in each quarter of the calendar year.

(2) The Minister, in consultation with the chairperson of the Board, shall fix the time of the first meeting of the Board.

(3) The quorum for a meeting of the Board shall be 5.

(4) The chairperson of the Board shall chair any meetings of the Board except in the case that the chairperson is not present or such office is vacant in which case the members who are present shall choose one of their number to chair the meeting.

(5) At a meeting of the Board, each member of the Board present, including the chairperson, shall have a vote and any question on which a vote is required in order to establish the Board's view shall be determined by a majority of the votes of the members of the Board present when the vote is called and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second and casting vote.

(6) The Board may delegate to a committee established pursuant to section 13 any of its functions which, in the opinion of the Board, can be better or more conveniently exercised or performed by a committee.

(7) Subject to this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.

13. Committees of Board.

13.—(1) The Board may establish committees—

(a) to assist and advise it on matters relating to any of the functions of the Authority, and

(b) to exercise or perform any of its functions which in the opinion of the Board can be better and more conveniently exercised or performed by such committee and have been delegated to that committee pursuant to section 12(6),

and may determine the terms of reference and regulate the procedure of any such committee.

(2) A committee established under this section may include persons who are not members of the Board.

(3) A member of a committee established under this section may be removed at any time by the Board.

(4) The Board may at any time dissolve a committee established under this section.

(5) The Board may appoint a person to be a chairperson of a committee established under this section.

(6) There may be paid by the Board to members of a committee established under this section such allowances for expenses incurred by them as the Board may, with the consent of the Minister and the Minister for Finance, determine.

14. Membership of either House of Oireachtas, European Parliament or local authority.

14.—(1) Where a member of the Board—

(a) is nominated as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to the European Parliament to fill a vacancy, or

(d) becomes a member of a local authority.

he or she shall thereupon cease to be a member of the Board.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while he or she is so entitled or is such a representative, be disqualified from becoming a member of the Board.

(3) A person who is a member of a local authority shall be disqualified from becoming a member of the Board.

15. Chief Executive.

15.—(1) There shall be a chief executive officer of the Authority who shall be known, and is referred to in this Act, as the “Chief Executive”.

(2) The Chief Executive shall be appointed by the Board.

(3) The Chief Executive may be removed or suspended from office by the Board.

(4) The Chief Executive shall hold office for a period not exceeding 5 years upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Board with the consent of the Minister and the Minister for Finance.

(5) A person may be re-appointed as Chief Executive subject to the other provisions of this section.

(6) The Chief Executive shall for so long as he or she holds that office serve as an ex officio member of the Board.

(7) Where and for so long as the Chief Executive is suspended from office the Chief Executive shall stand suspended from membership of the Board.

(8) The Chief Executive shall carry on and manage and control generally the administration and business of the Authority and shall be responsible to the Board for the performance of his or her functions and for the implementation of the policies of the Authority and shall perform such other functions as may be determined by the Board.