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S.I. No. 60/2005 - European Communities (Internal Market in Electricity) Regulations 2005

Type Statutory Instrument

Publication 2005-02-08

Last updated 2022-07-22

State Partially repealed superseded text

Text As published

Source Irish Statute Book

articles 40

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

3 amending acts · 2022-07-22, S.I. No. 366/2022 - European Union (Internal Market in Electricity) (4) Regulations 2022

Reform history JSON API

“(2)

(a) Every person who is a member of the staff of the Board and has been designated by the Board under paragraph (1), shall be transferred to and become a member of the staff of the transmission system operator from a date specified in the transfer scheme as the date on which the transfer scheme takes effect.

(b) Under paragraph (1), persons may be designated notwithstanding that they may have ceased to be members of the staff of the Board and have become members of the staff of EirGrid before the making of the transfer scheme and shall for the purposes of these Regulations be deemed too have been transferred to EirGrid under this Regulation on the date specified in the transfer scheme as the date on which the transfer scheme takes effect.”,

(b) the substitution of the following for paragraph (3):

“(3) Except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned a person who is transferred under this Regulation shall not, while in the service of the transmission system operator to which he or she is transferred, be brought to conditions of service (including conditions in relation to tenure of office, terms of employment classification for social insurance purposes superannuation and remuneration that are less favourable to the person than those to which he or she was subject immediately before the date on which the transfer of the members of staff in question takes place.”.

and

“(4) Unless the scales of pay and conditions of service of the members of staff of the Board transferred to the transmission system operator under this Regulation are varied by the transmission system operator following consultation and after agreement with such recognised trade unions or staff associations concerned, the scales of pay by reference to which they were remunerated and the conditions of service, restrictions requirements and obligations to which they were subject immediately before the date on which the transfer of the members of staff in question takes place shall continue to apply to them.”.

(7) Regulation 15 of the Principal Regulations is amended by the substitution of the following for paragraph (1):

“(1) Subject to the provisions of these Regulations all assets, contracts, rights and liabilities to which immediately before the date specified in the transfer scheme as the date on which the transfer scheme takes effect the Board was entitled or subject (other than excepted assets, contracts, rights and liabilities) shall become by virtue of the transfer scheme, assets, contracts rights and liabilities of the transmission system operator to which they are allocated by the transfer scheme.”.

(8) Regulation 16 of the Principal Regulations is amended by the substitution of the following for paragraph (3)(a):

“(3)

(a) the Board fails, before a date to be specified by the Commission, to submit the scheme for the approval of the Commission, or”.

(9) Regulation 17 of the Principal Regulations is amended by the substitution of “EirGrid” for “the transmission system operator” in paragraphs (1), (5), (6) and (8).

(10) Regulation 18 of the Principal Regulations is amended by:

(a) the substitution of the following for paragraph (1)(a):

“(1)

(a) EirGrid and the Board shall, subject to the approval of the Commission, enter into an agreement (in these Regulations referred to as the “infrastructure agreement”) for the purpose of enabling the transmission system operator to discharge its functions under these Regulations.”,

and

(b) the substitution of the following for paragraph (1)(b):

“(b) Where the infrastructure agreement is not made by a date specified by the Commission, the Commission shall as soon as may be, direct EirGrid and the Board to reach agreement so as to comply with industry requirements as duly specified by the Commission (in this paragraph referred to as “Commission industry requirements”).”.

(11) Regulation 32 of the Principal Regulations is amended by the substitution of the following for paragraph (2):

“(2) A licence shall not be granted pursuant to paragraph (e), (f) or (g) of section 14(1) of the Act of 1999 so as to have effect before a date to be specified by the Commission.”.

(12) Paragraph (2) (inserted by the European Communities (Internal Market in Electricity) (Amendment) Regulations 2003 ( S.I. No. 328 of 2003 )) of Regulation 50 of the Principal Regulations is amended by the substitution in subparagraph (f) of “may be seconded” for “shall be seconded”.

(13) The Schedule to the Principal Regulations is amended:

(a) in paragraph (1) by the substitution of the words “On the effective date” with “On a date no later than the date specified by the Commission.”,

and

(b) by the substitution of any reference in the Schedule to “the effective date” with “the date specified in the transfer scheme as the date on which the transfer scheme takes effect.”.

Offences by Bodies Corporate

37.

(1) Where an offence under these Regulations or the Principal Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first mentioned offence.

(2) Where the affairs of a body corporate are managed by is members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

Prosecution of Offences under these Regulations

38.

Summary proceedings relating to an offence under these Regulations or the Principal Regulations may be brought and prosecuted by the Commission.

Furnishing of False Information

39.

A person who, in purported compliance with any of the provisions of these Regulations, or any regulation or order thereunder, provides an answer or explanation, makes a statement or produces, lodges or delivers any return report, certificate, balance sheet or other document, false in a material particular, knowing it to be false, or recklessly provides an answer or explanation, makes a statement or produces, lodges or delivers any such document, false in a material particular, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months, or at the discretion of the Court, to both.

Savers

40.

(1) An authorisation, application, licence, designation decision, determination, direction, notice, notification order or regulation made, granted or issued under the Act of 1999 in force immediately before the commencement of these Regulations continues in force after such commencement as if made, granted or issued under the Act of 1999 as amended by these Regulations.

(2) An authorisation, application, licence, designation decision, determination, direction, notice, notification, made granted or issued under the Principal Regulations in force immediately before the commencement of these Regulations continues in force after such commencement as if made under the Principal Regulations as amended by these Regulations.


	GIVEN under my Official Seal, this 8 February, 2005.
	NOEL DEMPSEY T.D.,
	Minister for Communications, Marine and Natural Resources.

EXPLANATORY NOTE.

(This note is not a part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give further legal effect to Directive No. 2003/54/EC of the European Parliament and of the Council of 26th June 2003, concerning common rules for the internal market in electricity and repealing Directive 96/92/EC, not already implemented by the Electricity Regulation Act 1999 and the European Communities (Internal Market in Electricity) Regulations 2000. These Regulations provide, inter alia, for the strengthening of independent regulation, better levels of consumer protection, the licensing of a Public Electricity Supplier, the designation of a Supplier of Last Resort, the enhancing of security of supply provisions and other matters.

Footnotes

O.J. No. L176, 15.7.2003, p. 37.

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