The Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011

Made: 23rd March 2011

Coming into operation: 15th April 2011

The Department of Enterprise, Trade and Investment, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972[^f00001] in relation to energy and energy sources[^f00002], in exercise of the powers conferred on it by the said section 2(2), and of every other power enabling it in that behalf, hereby makes the following Regulations:

PART I — INTRODUCTORY

Citation and commencement

1

These Regulations may be cited as the Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 and shall come into operation on 15thApril 2011.

Interpretation

2

• (1) The Interpretation Act (Northern Ireland) 1954[^f00003] shall apply to these Regulations as it applies to an Act of the Assembly.

• (2) In these Regulations—

• “the Authority” means the Northern Ireland Authority for Utility Regulation;

• “the Department” means the Department of Enterprise, Trade and Investment;

• “the Electricity Directive” means European Parliament and Council Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC;

• “the Electricity Order” means the Electricity (Northern Ireland) Order 1992[^f00004];

• “the Energy Order” means the Energy (Northern Ireland) Order 2003[^f00005];

• “the Gas Directive” means European Parliament and Council Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; and

• “the Gas Order” means the Gas (Northern Ireland) Order 1996[^f00006].

PART II — CONSUMER PROTECTION

Amendments to objectives in the Energy Order

3

In Article 12(3) of the Energy Order, after “the Authority shall have regard to” there shall be inserted “the need to protect”.

4

In Article 14(3) of the Energy Order, after “the Authority shall have regard to” there shall be inserted “the need to protect”.

Amendment of provisions dealing with determination of disputes

5

• (1) Article 26 of the Electricity Order, shall be amended as provided in this regulation.

• (2) In paragraph (1)—

• (a) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

(a) may be referred to the Authority by either party, and such a reference shall be accompanied by such information as is necessary or expedient to allow a determination to be made in relation to the dispute; and

; and

• (b) for “and the practice and procedure” there shall be substituted “and, subject to paragraph (1A), the practice and procedure”.

• (3) After paragraph (1) there shall be inserted the following paragraphs—

(1A) The procedures established under paragraph (1) shall provide for the determination of the dispute to be notified to the party making the reference within the requisite period or such longer period as the Authority may agree with that person. (1B) For the purposes of paragraph (1A), the requisite period in any case means— (a) the period of 2 months from the date when the dispute was referred to the Authority; or (b) where the information sent to the Authority under paragraph (1)(a) was in its opinion insufficient to enable it to make a determination, the period of 4 months from the date when the dispute was referred to the Authority.

6

• (1) Article 42A of the Electricity Order, shall be amended as provided in this regulation.

• (2) In paragraph (1) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

(a) may be referred to the Authority by either party or, with the agreement of either party, by the General Consumer Council, and such a reference shall be accompanied by such information as is necessary or expedient to allow a determination to be made in relation to the dispute; and

• (3) In paragraph (3) for “The practice and procedure” there shall be substituted “Subject to paragraph (3A), the practice and procedure”.

• (4) After paragraph (3) there shall be inserted the following paragraphs—

(3A) The procedures established under paragraph (3) shall provide for the determination of the dispute to be notified to the person making the reference within the requisite period or such longer period as the Authority may agree with that person. (3B) For the purposes of paragraph (3A), the requisite period in any case means— (a) the period of 2 months from the date when the dispute was referred to the Authority; or (b) where the information sent to the Authority under paragraph (1)(a) was in its opinion insufficient to enable it to make a determination, the period of 4 months from the date when the dispute was referred to the Authority.

Billing disputes: electricity

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Billing disputes

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to Energy Act (Northern Ireland) 2011 relating to disputes

9

• (1) Section 2 of the Energy Act (Northern Ireland) 2011 shall be amended as provided in this regulation.

• (2) For subsection (1)(a), there shall be substituted the following subsection—

(a) may be referred to the Authority by either party or, with the agreement of either party, by the General Consumer Council, and such a reference shall be accompanied by such information as is necessary or expedient to allow a determination to be made in relation to the dispute; and

• (3) In subsection (3) for “The practice and procedure” there shall be substituted “Subject to subsection (3A), the practice and procedure”.

• (4) After subsection (3) there shall be inserted the following subsections—

(3A) The procedures established under subsection (3) shall provide for the determination of the dispute to be notified to the party making the reference within the requisite period or such longer period as the Authority may agree with that person. (3B) For the purposes of subsection (3A) the requisite period in any case means— (a) the period of 2 months from the date when the dispute was referred to the Authority; or (b) where the information sent to the Authority under subsection (1)(a) was in its opinion insufficient to enable it to make a determination, the period of 4 months from the date the dispute was referred to the Authority.

PART III — OWNERSHIP UNBUNDLING

Participants in electricity transmission: certification as to independence

10

After Article 10A of the Electricity Order there shall be inserted the following Articles—