Reform history

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

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

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

**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.**—(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.

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

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

(ii) to energy suppliers and users,

(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—

(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.**—(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).

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

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

(*b*) conservation and efficient use of energy;

(*d*) education;

(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.

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

(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.

(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.**—(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.

(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.**—(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.

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

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

(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.**—(1) Where 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.**—(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”.

(12) The Chief Executive shall not hold any other office or position or carry on any business, trade or profession without the consent of the Board.

**16.**—(1) Every person who is on the day immediately preceding the establishment day a member of the staff of Forfás working in the entity within Enterprise Ireland known as The Irish Energy Centre shall on the establishment day become a member of the staff of the Authority.

(7) 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 staff of the Authority.

**17.**—(1) The Board may, with the approval of the Minister and the consent of the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of a person appointed as Chief Executive or members of the staff of the Authority.

(8) In applying *subsection (7)*, superannuation benefits that would have been granted to or in respect of a person during the period between his or her appointment as Chief Executive or to a position on the staff of the Authority and the coming into operation of a scheme under this section had he or she continued to be employed by Forfás shall be granted and paid to or in respect of that person by the Authority in accordance with the scheme or such enactments in relation to superannuation as applied to the person immediately before his or her appointment as Chief Executive or to a position as a member of the staff of the Authority and, for that purpose, his or her pensionable service shall be aggregated with his or her previous pensionable service in Forfás referred to in *section 16(1)*.

**18.**—(1) Where the Chief Executive, a member of the Board, a member of a committee established by virtue of *section 13*, a member of the staff of the Authority, or a consultant, adviser or other person engaged by the Authority, has a pecuniary interest or other beneficial interest in or material to any matter which falls to be considered by the Board, he or she shall—

(2) For the purposes of this section, but without prejudice to the generality of *subsection (1)*, a person shall be regarded as having a beneficial interest if—

(3) For the purposes of this section a person shall not be regarded as having a beneficial interest in or material to any matter by reason only of an interest of his or hers or of any company or of any other body or person mentioned in *subsection (2)* which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(7) In this section “connected relative” means, in relation to a person to whom this section applies, the person's spouse or partner, parent, child, brother, sister, or child of the person's spouse or partner.

**19.**—(1) Save as otherwise provided by law and *subsection (3)*, a person shall not, without the consent of the Board, disclose confidential information obtained by him or her while performing (or as a result of having performed) duties as—

“Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland.”.

**20.**—(1) The Authority shall, as soon as may be after its establishment, provide itself with a seal.

(4) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Authority by a member of the staff of the Authority or a person generally or specially authorised by the Board for that purpose.

**21.**—(1) With effect from the establishment day the Authority shall have a licence to occupy the property which on the day immediately before the establishment day was the property of Enterprise Ireland and occupied by The Irish Energy Centre, subject to such terms and conditions as may be agreed in writing between the Minister and Enterprise Ireland prior to the making of the order pursuant to *section 3* appointing a day to be the establishment day.

(2) On the establishment day all equipment and property (other than that referred to in *subsection (1)*) which on the day immediately before the establishment day was the property of Enterprise Ireland for the use of The Irish Energy Centre shall be transferred to the Authority subject to and with the benefit of all rights and liabilities relating to such property and equipment.

**22.**—(1) The Minister shall from time to time, with the consent of the Minister for Finance, advance to the Authority out of moneys provided by the Oireachtas, such sums as the Minister may determine for the purposes of expenditure by the Authority in the performance of its functions.

(2) In determining the amount of any such moneys to be paid in any financial year the Minister shall give due consideration to the income and expenditure of the Authority, and for that purpose the Board shall furnish to the Minister as and when requested information regarding such income and expenditure.

**23.**—The Authority may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Authority or otherwise), including money in a currency other than the currency of the State, subject to the consent of the Minister and the Minister for Finance and to such conditions as they may specify.

(2) The Authority shall keep, in such form as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of money received and expended by it.

(4) The Chief Executive shall whenever he or she is required to do so by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and the reports of the Comptroller and Auditor General, give evidence to that Committee on all matters pertaining to the expenditure of the Authority.

**25.**—(1) The Authority shall, whenever so requested by the Minister, furnish to him or her information in relation to such matters as he or she may specify concerning or relating to the performance of its functions, or its plans for the future performance of its functions, generally or in respect of any report or account prepared by the Authority under *section 24* of this Act or the policy and activities, other than day-to-day activities, of the Authority.

(5) From time to time, and whenever so requested, the Chief Executive shall account for the performance of the functions of the Authority to a Committee of one or both Houses of the Oireachtas.

**26.**—(1) The Authority shall have power to charge, receive and recover fees in respect of work undertaken by the Authority on behalf of any person or body other than a Minister of the Government.

(2) The Authority may recover, as a simple contract debt in any court of competent jurisdiction, from any such person any amount due and owing to it under *subsection (1)*.

**27.**—The Minister may give to the Authority, in writing, such general policy directives as he or she may consider appropriate to be followed by the Authority in the exercise of its functions.

**28.**—(1) The Authority may accept subscriptions of money from any body or person in return for the use by such body or person or other bodies or persons of such services and facilities of the Authority as the Board may determine.

(3) The Authority shall not accept any gift or subscription of money if the conditions by the donor to the acceptance thereof are inconsistent with the functions of the Authority.

**29.**—The Authority may, from time to time, as it considers necessary for the performance of its functions—

and any sums thereby payable by the Authority to such persons, bodies, consultants or advisers shall be paid by the Authority out of moneys at its disposal.

**30.**—Nothing in this Act shall affect the validity of any act done in the name of Enterprise Ireland on behalf of the Irish Energy Centre prior to the establishment day and every such act shall insofar as it was operative immediately before the establishment day have effect on and after that day.

**31.**—Section 23 of the Gas Act, 1976 is amended by the substitution in subsection (2) of “€1,700,000,000” for “£550,000,000” (inserted by the Gas (Amendment) Act, 2000).

**32.**—Section 39 of the Electricity Regulation Act, 1999 is amended—

“(8) The Minister shall exercise the powers conferred by this section so as to ensure that the sums realised by the levy 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 under section 37 of the Principal Act incurred in the collection of the levy) to pay to the Board and holders of licences or authorisations or holders of permits under section 37 of the Principal Act the payment required to be made by the order.”.

**33.**—The Electricity Regulation Act, 1999 is amended by the insertion of the matter in the Schedule to this Act after the Schedule to that Act as Schedule 2 to that Act.