Electricity Regulation Act 1999

PART I Preliminary And General

1. Short title and commencement.

1.—(1) This Act may be cited as the Electricity Regulation Act, 1999.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

F1["2019 ACER Regulation" means Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019^2establishing a European Agency for the Cooperation of Energy Regulators;]

F1["2019 Internal Electricity Market Directive" means Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019^3on common rules for the internal market for electricity and amending Directive 2012/27/EU;

"2019 Internal Electricity Market Regulation" means Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019^2on the internal electricity market;]

F2["Agency" means the European Agency for the Cooperation of Energy Regulators established under the 2019 ACER Regulation;]

F3["aggregation" means a function performed by a natural or legal person who combines multiple customer loads or generated electricity for sale, purchase or auction in any electricity market;]

F4["aggregation" means a function performed by a natural or legal person who combines multiple customer loads or generated electricity for sale, purchase or auction in any electricity market;

"ancillary service", in relation to electricity, means a service necessary for the operation of a transmission or distribution system, including balancing and non-frequency ancillary services, but not including congestion management;]

“authorisation” means an authorisation granted under section 16;

“authorised officer” means a person appointed under section 11 to be an authorised officer;

“Authority” means Northern Ireland Authority for Utility Regulation;

F5["balancing" means balancing as defined in point (10) of Article 2 of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity^3;

"balancing energy" means balancing energy as defined in Article 2(11) of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity^3;]

“Board” means the Electricity Supply Board;

F6["citizen energy community" means a legal entity that—

(a) is based on voluntary and open participation and is effectively controlled by members or shareholders that are natural persons, local authorities, including municipalities, or small enterprises,

(b) has for its primary purpose to provide environmental, economic or social community benefits to its members or shareholders or to the local areas where it operates rather than to generate financial profits, and

(c) may engage in generation, including from renewable sources, distribution, supply, consumption, aggregation, energy storage, energy efficiency services or charging services for electric vehicles or provide other energy services to its members or shareholders;]

F7[“combined heat and power”means the simultaneous generation in one process of—

(a) thermal energy and electrical energy,

(b) thermal energy and mechanical energy, or

(c) thermal, electrical and mechanical energy;]

F8[“Commission”means the Commission for Energy Regulation;]

F9["congestion", in relation to electricity, means congestion as defined in Article 2F10[(4)]of Regulation (EU) 2019/9433 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity;

"demand response" means the change of electricity load by final customers from their normal or current consumption patterns in response to market signals, including in response to time-variable electricity prices or incentive payments, or in response to the acceptance of the final customer’s bid to sell demand reduction or increase at a price in an organised market as defined in Article 2(4) of Commission Implementing Regulation (EU) No 1348/2014^2, whether alone or through aggregation;]

F11[“the Department”means the Department of Enterprise, Trade and Investment in Northern Ireland;]

“direct line”, in relation to electricity, means an electric line which is used or is to be used to carry electricity for the purpose of supply and the construction of which line is permitted under section 37;

“distribution”, in relation to electricity, means the transport of electricity by means of a distribution system, that is to say, a system which consists of electric lines, electric plant, transformers and switchgear and which is used for conveying electricity to final customers;

“distribution code” means a code in respect of all technical aspects relating to connection to and operation of the distribution system prepared by F12[the distribution system operator] under section 33;

F13[“distribution system operator”means the holder of a licence undersection 14(1)(g);]

F14[“economically justifiable demand”means the demand that does not exceed the needs for heat or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;]

F15["electricity derivative" means a financial instrument specified in point 5, 6 or 7 of Section C of Annex I to Directive 2014/65/EU^4of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU4 , where that instrument relates to electricity;]

F16[“Electricity Market Directive”F17[means Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the Internal market for electricity and amending Directive 2012/27/EU^3;]]

F16[“Electricity Market Regulation” meansF18[Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal electricity market;]]

F14[“electricity production from combined heat and power”means electricity produced from combined heat and power calculated in accordance withsection 7;]

F19[“electricity supply contract”means a contract for the supply of electricity, but does not include an electricity derivative;]

F20["electricity undertaking" means any person engaged in generation, transmission, distribution, aggregation, demand response, energy storage, supply or purchase of electricity, and who is responsible for the commercial, technical or maintenance tasks related to those functions, including a holder of a licence or authorisation under this Act or a person who has been granted a permit under section 37 of the Principal Act, but does not include final customers;]

F21[“electric line“has the meaning assigned to it by section 4(1) of the ESB (Electronic Communications Networks) Act 2014;]

“electric plant” means any plant, apparatus or appliance used for, or for purposes connected with, the generation, transmission, distribution or supply of electricity, other than—

(a) an electric line,

(b) a meter used for ascertaining the quantity of electricity supplied to any premises, or

(c) an electrical appliance under the control of a consumer;

F22["energy storage" means, in the electricity system, deferring the final use of electricity to a moment later than when it was generated, or the conversion of electrical energy into a form of energy which can be stored, the storing of such energy, and the subsequent reconversion of such energy into electrical energy or use as another energy carrier;]

F23["energy storage facility" means, in the electricity system, a facility where energy storage occurs;]

F24[“energy undertaking”means an electricity undertaking or a natural gas undertaking;]

F1["ENTSO for Electricity" means the European Network of Transmission System Operators for Electricity referred to in Article 28 of the 2019 Internal Electricity Market Regulation;]

“establishment day” means the day appointed under section 8;

F1["EU DSO entity" means the European Entity for Distribution System Operators referred to in Article 52 of the 2019 Internal Electricity Market Regulation;]

F25["final customer" means a customer who purchases electricity for own use;]

“forecast statement” has the meaning assigned to it by section 38;

“functions” includes powers and duties;

F26[“gas installer”means LPG installer or natural gas installer, as the case may be;]

“generate”, in relation to electricity, means to produce electricity;

“generating station” means a station for the generation of electricity;

“grid code” means a code in respect of all technical aspects relating to connection to and operation of the transmission system prepared by F27[the transmission system operator] under section 33;

F1["guidelines", in relation to electricity, means guidelines adopted pursuant to Article 61 of the 2019 Internal Electricity Market Regulation;]

F14[“high efficiency combined heat and power”means combined heat and power production which on an annual basis—

(a) in the case of small scale combined heat and power and micro-combined heat and power, achieves primary energy savings calculated in accordance withparagraphs 3and4ofSchedule 3, and

(b) in the case of all other combined heat and power, achieves primary energy savings calculated in accordance withparagraphs 3and4ofSchedule 3of at least 10 per cent compared with the references for separate production of heat and electricity;]

F28["household customer" means a customer who purchases electricity for the customer’s own household consumption, excluding commercial or professional activities;]

F29["interconnector" means equipment used to link electricity systems;]

F30[“Internal Market Regulations”means the European Communities (Internal Market in Electricity) Regulations 2000 and 2005;]

“licence” means a licence issued under section 14;

F16[“linepack” means the storage of gas by compression in gas transmission and distribution systems, but not including facilities reserved for transmission system operators carrying out their functions;]

F26[“LPG”means liquefied petroleum gas;]

F26[“LPG fitting”means any non-portable appliance, apparatus or other thing including associated pipework and flueing which is used or designed to be used by—

(a) a domestic customer, or]

F26[(b) such class or classes of industrial or commercial customer as the Commission may specify from time to time, in connection with the consumption or use of LPG;]

in connection with the consumption or use of LPG;

F31[“LPG incident”means an event or occurrence of a class prescribed by regulations made by the Commission under section 9JG;

“LPG safety licence”means a licence granted under section 9JE;

“LPG undertaking”means any person who imports LPG or purchases LPG directly from a refinery within the State and makes LPG available to individual domestic or commercial final customers by way of LPG cylinder, bulk tank or via a piped LPG distribution network;]

F32["market participant", in the context of electricity, means a market participant as defined in point 25 of Article 2 of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity^3;]

F11[“the Memorandum of Understanding”means the Memorandum of Understanding relating to the establishment and operation of a single competitive wholesale electricity market in the State and in Northern Ireland entered into between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland signed on behalf of the Government of Ireland on 5 December 2006 and on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland on 6 December 2006;]

F14[“micro-combined heat and power unit”means a combined heat and power unit with a maximum capacity of less than 50 kWe;]

F33[“Minister”means Minister for Communications, Energy and Natural Resources;]

F16[“natural gas exchange” means a virtual trading location for the purchase and sale of natural gas;]

F34[“natural gas fitting”means any appliance, apparatus or other thing including associated pipework and flueing which is used or designed to be used by—

(a) a domestic customer, or

(b) such class or classes of industrial or commercial customer as the Commission may specify from time to time,

in connection with the consumption or use of natural gas whether the appliance, apparatus or thing is the property of a natural gas undertaking or otherwise;]

F35[“natural gas infrastructure”means any pipeline, facility, structure or installation which is or has been established, maintained or operated, for the purpose of the supply, storage, transmission, distribution and use of natural gas under a natural gas licence;]

F36["Natural Gas Market Directive" means Directive 2009/73/EC of the European Parliament and Council of 13 July 2009^2as amended by Directive (EU) 2019/692 of the European Parliament and of the Council of 17 April 2019^1;]

F16[“Natural Gas Market Regulation” means Regulation (EC) 715/2009 of the European Parliament and of the Council of 13 July 2009;]

F24[“natural gas undertaking”means a person engaged in the transmission, distribution, supply or storage of natural gas, including any holder of a licence or a consent under this Act, or any person who has been granted a licence or given a consent under the Gas Acts, 1976 to 2002,]

F1["network codes", in relation to electricity, means network codes established pursuant to Article 59 of the 2019 Internal Electricity Market Regulation;

"non-frequency ancillary service", in in relation to electricity, means a service used by a transmission system operator or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current, black start capability and island operation capability;]

F37["offshore" has the meaning assigned to it bysection 13A;]

F38[“petroleum undertaking”has the meaning given to it bysection 13A(1);]

F39[“piped LPG distribution network”means a pipeline system connected to a central storage bulk tank or LPG cylinder but not including a bulk tank or LPG cylinder as the case may be, and includes pipework above and below ground and all other equipment necessary upstream of the point of delivery and downstream of the emergency control valve, supplying gas to two or more customers;]

“prescribe” means to prescribe by regulations made by the Minister or the Commission under this Act and cognate words shall be construed accordingly;

“Principal Act” means the Electricity (Supply) Act, 1927;

F11[“public electricity supplier”means the holder of a licence undersection 14(1)(h);]

F40["recharging point" means an interface that is capable of charging one electric vehicle at a time or exchanging the battery of one electric vehicle at a time;]

“record” means any book, document or any other written or printed material in any form including any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form;

F1["regional coordination centre" means a regional coordination centre established pursuant to Article 35 of the 2019 Internal Electricity Market Regulation;]

“renewable, sustainable or alternative forms of energy” means energy used in the production of electricity which uses as its primary source one or a combination of more than one of the following—

(a) wind,

(b) hydro,

(c) biomass,

(d) waste, including waste heat,

(e) biofuel,

(f) geothermal,

(g) fuel cells,

(h) tidal,

(i) solar,

(j) wave;

F41[(k) ambient energy.]

F11[“the SEM Committee”means the committee referred to inSection 8A;]

F11[“SEM matter”shall be construed in accordance withsection 8A(5);]

F42["the Single Electricity Market" means the arrangements in the State and Northern Ireland—

(a) initially described in the Memorandum of Understanding,

(b) designed to promote the establishment and operation of a single competitive wholesale electricity market in the State and Northern Ireland, and

(c) which allow for the efficient application of the European Union rules for cross-border trade in electricity contained within or adopted pursuant to the Electricity Market Regulation as amended from time to time and as supplemented by—

(i) network codes established under Article 6 of that Regulation, and

(ii) guidelines adopted under Article 18 of that Regulation;]

F11[“Single Electricity Market operator”means the holder of a licence undersection 14(1)(j) or a person exempted from the requirement to hold such a licence;]

“single premises” means one or more buildings or structures, occupied and used by a person, where each building or structure is adjacent to, or contiguous with, the other building or structure;

F14[“small scale combined heat and power”means combined heat and power units with an installed capacity greater than 50 kWe and less than 1 MWe;]

“supply”, in relation to electricity, means supply through electric lines to final customers for consumption;

F1["system operation region" means the system operation region to be approved by the Agency pursuant to Article 36 of the 2019 Internal Electricity Market Regulation;]

“transmission”, F43[subject tosection 2A,] in relation to electricity, means the transport of electricity by means of a transmission system, F44[“in the State or offshore, or both,] that is to say, a system which consists, wholly or mainly, of high voltage lines and electric plant and which is used for conveying electricity from a generating station to a substation, from one generating station to another, from one substation to another or to or from any interconnector or to final customers but shall not include any such lines which the Board may, from time to time, with the approval of the Commission, specify as being part of the distribution system but shall include any interconnector owned by the Board.

F13[“transmission system operator”means the holder of a licence undersection 14(1)(e);]

F1["Union wide network development plan" means the plan adopted pursuant to Article 30(1)(b) of the 2019 Internal Electricity Market Regulation;]

F14[“useful heat”means heat produced in a cogeneration process to satisfy an economically justifiable demand for heat or cooling;]

F45[“wholesale customer”means a natural or legal person purchasing electricity for the purpose of resale inside or outside the system where he or she is established.]

F11[(1A) (a) Notwithstanding the definition of "Department" insubsection (1)where the electricity functions of the Department of Enterprise, Trade and Investment in Northern Ireland are, under the law for the time being in force in Northern Ireland, exercisable by any other Department, Ministry or authority, references to the Department in this Act shall be construed as references to such other Department, Ministry or authority, as the case may be.

(b) Notwithstanding the definition of "Authority" insubsection (1)where the electricity functions of the Authority are, under the law for the time being in force in Northern Ireland, exercisable by any other authority, Department, Ministry, person or statutory body, references to the Authority in this Act shall be construed as references to such other authority, Department, Ministry, person or statutory body, as the case may be.

(c) In this subsection "electricity functions" has the same meaning as it has in Article 9 of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007.]

(2) In this Act—

(a) a reference to a section or Schedule is a reference to a section of or Schedule to this Act unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

(c) a reference to the performance of functions includes with respect to powers and duties, a reference to the exercise of powers and the carrying out of duties.

(3) A reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act.

(4) The Minister may from time to time by order amend the definition of renewable, sustainable or alternative sources of energy by the addition of further renewable, sustainable or alternative sources of energy.

2A. F46[Position of interconnectors as respects transmission system.

2A.—(1) An interconnector owned by the Board shall be part of the transmission system.

(2) Subject tosubsection (3)an interconnector owned by a person other than the Board shall not be part of the transmission system.

F47[(3) Notwithstandingsubsection (2)—

(a) an interconnector owned by a person other than the Board—

(i) shall, wheresubsection (4)applies, and

(ii) may, where the Commission determines that it is in the public interest,

be considered to be part of the transmission system for the purposes of calculating charges and imposing charges for use of the transmission system, and

(b) an interconnector owned by the transmission system operator shall be regarded as part of the transmission system for the purposes of the functions of the transmission system operator.

(4) For the purpose ofsubsection (3)(a), an interconnector constructed pursuant tosection 16Ashall be deemed to be in the public interest.]]

3. Laying of orders, etc.

3.—Every order, other than orders under section 1(2) or section 27(6), or regulations made by the Minister, in the case of orders or regulations made by the Minister, or by the Commission, in the case of orders or regulations made by the Commission, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4. Service of notices.

F48[4.—(1) Any notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways:

(a) by addressing it to the person by name and delivering it to him or her;

(b) by leaving it at the address at which the person ordinarily resides or carries on any profession, business or occupation;

(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides or carries on any profession, business or occupation;

(d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address;

(e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the addressee concerned carries on any profession, business or occupation or, if an address for the service of a notice has been furnished by the energy undertaking concerned, that address, but only if—

(i) the recipient’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or

(ii) the sender’s facsimile machine generates a message confirming successful delivery of the total number of pages of the notice,

and it is also given in one of the other ways mentioned in any of the preceding paragraphs;

(f) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises.

(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to“the occupier”,“the owner”or“the person in charge”, as the case may be.

(3) For the purposes of this section, a company within the meaning of the Companies Acts or theCompanies Act 2014, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) For the purpose of this section, an EEA company within the meaning of Part 21 of theCompanies Act 2014that establishes a branch in the State shall be deemed to be ordinarily resident at the address of the branch notified under section 1302 of that Act.

(5) A person shall not at any time during the period of 3 months after a notice is affixed undersubsection (1)(f)remove, damage or deface the notice without lawful authority and a person who contravenes this subsection commits an offence.

(6) A person who commits an offence undersubsection (5)is liable on summary conviction to a class A fine.]

5. Offences by bodies corporate

5.—(1) Where an offence under this Act 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 a 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 its members, subsection (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.

6. Prosecution of offences.

6.—(1) Summary proceedings for offences F49[under this Act and under sections 40D to I of the Gas Act 1976] may be brought and prosecuted by the Commission.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within F50[2 years] from the date of the offence.

F51[(3) Proceedings for an offence underPart IIAof this Act committed in any part of—

(a) the licensed area (within the meaning ofsection 13A)to whichsubparagraph (i)or(ii), or both, ofparagraph(a) of the definition of“licensed area”relates, or

(b) a designated area,

may be taken, and the offence may for all incidental purposes be treated, as having been committed in any place in the State.]

F52[(4) Where a person is convicted of an offence in proceedings brought by the Commission the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Commission the costs and expenses, measured by the court, incurred by the Commission in relation to the investigation, detection and prosecution of the offence.

(5) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence in proceedings brought by the Commission, it shall, on the application of the Commission (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Commission.]

7. F53[Combined heat and power.

7.—(1) Electricity production from combined heat and power shall be calculated in accordance withparagraphs 1and2ofSchedule 3.

(2) The Minister may by order appoint a person to calculate and certify the actual power to heat ratios of such classes of combined heat and power units as are specified in the order, and such person shall have such powers and duties as are specified in the order.

(3) A person appointed undersubsection (2)shall calculate the actual power to heat ratios of combined heat and power units in accordance with this Act and the Directive.

F54[(4) The Minister may by order specify power-to-heat ratio default values for any technology or technologies which satisfy the definition of combined heat and power, provided that—

(a) in respect of the technologies referred to inparagraphs(a) to (e) of Part II of Annex I to the Directive, such default values shall be consistent with those specified in paragraph (b) of that Annex, and

(b) in respect of technologies other than those referred to inparagraph(a) of this subsection, such default values shall be notified to the European Commission.]

(5) The relative amount of primary energy savings provided by combined heat and power production shall be calculated in accordance withparagraphs 3and4ofSchedule 3.

(6)F55[…]

(7)F55[…]

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

(9) The provisions of this section andSchedule 3apply to installations or generating stations whether first licensed before or after the coming into operation of section6of the Energy (Miscellaneous Provisions) Act 2006.

F56[(10) In this section“Directive”means Directive 2012/27/EU of the European Parliament and of the Council of 25 October 20121.]]

PART II Establishment of Commission for Electricity Regulation

8. Establishment of Commission.

8.—(1) The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

(2) There shall stand established on the establishment day a body to be known in the Irish language as An Coimisiún um Rialáil Leictreachais or in the English language as the Commission for Electricity Regulation and in this Act referred to as the “Commission” to perform the functions conferred on it by this Act.

(3) F57[Schedule 1] shall apply to the Commission.

(4) The Commission shall be a body corporate with perpetual succession and a common seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(5) The seal of the Commission shall be authenticated by the signature of the chairperson of the Commission, or by the signatures of any other member of the Commission and a member of the staff of the Commission authorised by the Commission to act in that behalf.

(6) Judicial notice shall be taken of the seal of the Commission and every document purporting to be an instrument made by and to be sealed with the seal of the Commission (purporting to be authenticated in accordance with this section) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

8A. F58[Single Electricity Market Committee.

8A.—(1) There shall be a committee of the Commission to be known as the Single Electricity Market Committee or as the SEM Committee.

(2) The SEM Committee shall comprise such members as stand appointed to it from time to time.

(3)Schedule 1Aapplies to the SEM Committee.

(4) Any decision as to the exercise of a relevant function of the Commission in relation to a SEM matter shall be taken on behalf of the Commission by the SEM Committee.

(5) For the purposes of this Act a matter is a SEM matter if the SEM Committee determines that the exercise of a relevant function of the Commission in relation to that matter materially affects, or is likely materially to affect, the Single Electricity Market.

(6) For the purposes of this section“relevant function”means—

(a) a function under this Act relating to electricity,

(b) a function under the Internal Market Regulations.]

8B. F59[Commission and working arrangements as respects Single Electricity Market.

8B.—(1) The Commission shall publish a statement—

(a) setting out the procedures and working arrangements adopted by the Commission for ensuring compliance withsection 8A(4), and

(b) describing how the Commission will work together with the Authority in the exercise of their respective statutory functions in relation to the Single Electricity Market.

(2) A statement under this section may be amended from time to time and the Commission shall as soon as practicable thereafter publish the statement as so amended.]

9. Functions of Commission.

9.—(1) The Commission shall have the following functions, namely—

(a) to publish, pursuant to a policy direction or directions of the Minister, which shall be made publicly available when given to the Commission, proposals for a system of contracts and other arrangements, including appropriate rights and obligations, for trading in electricity,

(b) to engage in a public consultation process on the procedures to be adopted by the Commission to implement the proposals drawn up under paragraph (a),

(c) to advise the Minister on the impact of electricity generation in relation to sustainability, and international agreements on the environment to which the State is or becomes a party,

(d) following the public consultation process referred to in paragraph (b) and taking account of matters raised in the public consultation process, to make regulations, subject to the consent of the Minister, establishing a system of trading in electricity, including the supervision and review of such a system by the Commission, F60[…]

F61[(da) to monitor the level and effectiveness of market opening and the development of competition in the supply of electricity and gas to final customers, which shall include but is not limited to monitoring—

(i) final tariffs charged to domestic customers including those on prepayment systems,

(ii) rates of customer switching between licensed electricity and gas suppliers,

(iii) disconnection and de-energisation rates,

(iv) charges for, and the execution of, maintenance services,

(v) complaints by domestic customers,

(vi) any distortion or restriction of competition in the supply of electricity and gas to final customers,

(vii) whether the development and operation of competition in the supply of electricity and gas is benefitting finalF62[customers,]

(viii) the level of market opening and of competition on natural gas exchanges,

F63[(ix) the impact of dynamic price contracts and of the use of smart metering systems,

(x) the relationship between household and wholesale prices,

(xi) the evolution of grid tariffs and levies,

(xii) the availability of comparison tools that meet the requirements set out in Article 14 of the 2019 Internal Electricity Market Directive, and (xiii) the removal of unjustified obstacles to and restrictions on the development of consumption of self-generated electricity and citizen energy communities,

(xiii) the removal of unjustified obstacles to and restrictions on the development of consumption of self-generated electricity and citizen energy communities,]

(db) to take any actions which the Commission, on foot of the monitoring inparagraph (da), has determined to be necessary in order to—

(i) prevent a distortion or restriction of competition in the supply of electricity and gas to final customers, or

(ii) ensure that final customers are benefiting from competition in the supply of electricity and gas,

F64[(dc) where the Commission determines it to be necessary underparagraph (db), to—

(i) examine the charges and the costs underlying such charges for electricity which have been supplied by the Board,

(ii) examine any proposal by the Board to alter charges for the supply of electricity,

(iii) examine the charges and the costs underlying such charges for natural gas which have been supplied in accordance with the licence granted to Bord Gáis Energy or its assignees,

(iv) examine any proposal by Bord Gáis Energy or its assignees to alter charges for the supply of natural gas,

(v) issue directions or approvals to the Board or Bord Gáis Energy or its assignees, in relation to either or both the nature or the amount of any charge or proposed charge for the supply of electricity or natural gas as relevant, to such class or classes of final customers as the Commission may specify, and

(vi) publish a notice on the Commission’s website of any directions or approvals issued undersubparagraph (v)stating the nature of the direction and the reasons for it,]]

F65[(dd) to advise the Minister or other relevant persons on and publish at least annually—

(i) any relevant information arising from the monitoring inparagraph (da),

(ii) any determination made by the Commission underparagraph (db), and

(iii) any action which the Commission has taken or intends to take underparagraphs (db) and (dc)and on the outcomes or intended outcomes of such actions,

(de) to ensure such arrangements are in place, as the Commission deems appropriate, which have the effect of securing the extent to which each generating station, group of generating stations or all generating stations, owned by the Board, supplies electricity to or is supplied with electricity by, either or both, the public electricity supplier, suppliers and generators licensed undersection 14(1),

(df) to examine charges, and the costs underlying such charges, or any proposal to alter such charges, as the Commission deems appropriate, for electricity supplied from each generating station, group of generating stations or all generating stations, owned by the Board, to the public electricity supplier, suppliers and generators licensed undersection 14(1),

(dg) following an examination underparagraph (df)and where the Commission considers it necessary, to issue directions or approvals to the Board in relation to either or both the nature and the amount of any charge or proposed charge referred to inparagraph (df),

(dh)F66[…]

(di)F66[…]]

F67[(dj) to publish recommendations, at least annually, in relation to compliance of supply prices with Article 3 of the Natural Gas Market Directive andF62[Article 5 of the 2019 Internal Electricity Market Directive],

(dk) to monitor the implementation of rules relating to the roles and responsibilities of transmission system operators, distribution system operators, suppliers and customers and other market parties pursuant to theF62[2019 Internal Electricity Market Regulation]and the Natural Gas Market Regulation,

(dl) to respect contractual freedom with regard to interruptible supply contracts as well as with regard to long-term contracts provided that they are compatible with European Union law and consistent with European Union policies,

(dm) to monitor the occurrence of restrictive contractual practices, including exclusivity clauses which may preventF68[…]customers from contracting simultaneously with more than one supplier or restrict their choice to do so and, where appropriate, to inform the Competition Authority of such practices,

F69[(dn) where applicable, to monitor technical cooperation between electricity transmission system operators and third-country electricity transmission system operators, and

(do) to review and approve, as appropriate, the criteria determined by the electricity transmission system operator to underpin the dispatch of generation installations and the use of interconnectors and such criteria shall—

(i) be objective, published, applied in a non-discriminatory matter, and be without prejudice to the supply of electricity on the basis of existing contractual obligations ensuring the proper functioning of the internal market in electricity, and

(ii) take into account the economic precedence of electricity from available generation installations or interconnector transfers and the technical constraints on the system,]]

F70[(dp) to monitor and assess the performance of transmission system operators and distribution system operators in relation to the development of a smart grid that promotes energy efficiency and the integration of energy from renewable sources, based on a limited set of indicators, and publish a national report every two years, including recommendations,

(dq) to contribute to the compatibility of data exchange processes for the most important market processes at regional level,

(dr) to cooperate, where appropriate with the Competition and Consumer Protection Commission, other regulatory bodies and the European Commission, as necessary, when conducting an investigation relating to competition law,]

F71[(e) to advise the Minister on the development of the electricity and gas industries and on the exercise of the functions of the Minister under thisF72[Act,]]

F73[(ea) to regulate the activities of natural gas undertakings, holders of LPG safety licences for the purposes of making LPG available via a piped LPG distribution network and natural gas installers, with respect to safety,

(eb) to promote the safety of—

(i) natural gas customers and the public generally as respects the supply, storage, transmission, distribution and use of natural gas (excluding such activities carried out at upstream pipelines or facilities except where such pipeline or facility is engaged in the storage of natural gas), and

(ii) LPG customers and the public generally as respects the supply and use of LPG,]

F74[(ec) to consult with The National Standards Authority of Ireland regarding standards and specifications relating toF75[gas safety,]]

F76[(ed) to regulate the activities of LPG installers with respect to safety,]

F77[(f) to contribute to the development of the internal market and to the development of compatible regulatory frameworks between regions of the European Union, by engaging, co-operating and consulting with other national regulatory authorities, the Agency and with the European Commission in regard to cross-border issuesF78[,F79[in particular through participation in the work of the Agency’s Board of Regulators pursuant to Article 21 of the 2019 ACER Regulation]and in respect of infrastructure to and from a third country, to co-operate with the relevant authorities of the third country, after consulting the regulatory authorities of other Member States, aiming at, as regards such infrastructure, consistent application of the Natural Gas Market Directive in the territory of the European Union],

(fa) to share information, as necessary for the fulfilment of its functions, with other national regulatory authorities and the AgencyF80[and, in particular, to share information within the Agency],

F81[(faa) to ensure that any information obtained from another regulatory authority in regard to a cross-border issue under the Natural Gas Market Directive, the Natural Gas Market Regulation, theF16[2019 Internal Electricity Market Directive]or the Electricity Market Regulation is treated confidentially to the same extent that is required of the other regulatory authority,]

(fb) to co-operate with other regulatory authorities, at least at a regional level, to—

(i) foster the creation of operational arrangements in order to enable optimal management of the electricity and gas networks,

(ii) promote joint electricity and gas exchanges and the allocation of cross-border capacity,

(iii) co-ordinate the development of network codesF80[and guidelines]for electricity and gas transmission system operators and electricity and gas undertakings,

(iv) develop rules on access to cross border infrastructure including allocation of capacity and congestion managementF79[except 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],

(v) foster operational arrangements to enable an adequate level of interconnection capacity within the region and between regions to allow the development of effective competition and improvement of security of supply,

(vi) foster non-discriminatory operational arrangements in regard to supply undertakings,F16[…]

(vii) contribute to safeguarding secure electricity and gas supplies on the internal market by co-operating with, and keeping other national regulatory authorities informed of any co-operation measure which the Commission takes pursuant to this section. Such cooperation shall cover situations resulting or likely to result in the short-term in a severe disruption of supply and shall include—

(I) co-ordination of national emergency measures referred to in Article 8 of Directive 2004/67/EC of 26 April 2004 of the European Parliament and of the Council^5,

(II) identification and, where necessary, development or upgrading of electricity and natural gas interconnections, and

(III) conditions and practical procedures for mutualF16[assistance, and]

F80[(viii) coordinate the joint oversight of entities performing functions at regional level, and

(ix) coordinate, in cooperation with other involved authorities, the joint oversight of national, regional and European resource adequacy assessments,]

F84[(fb)(a) to publish the rules referred to insection 9(1)(fb)(iv)]

F78[(fbb) to consult and co-operate with the relevant authorities of third countries in relation to the operation of gas infrastructure to and from third countries with a view to ensuring, as regards the infrastructure concerned, that the Natural Gas Market Directive is applied consistently in the territory and territorial seas of the State,]

(fc) to engage with transmission system operators in order to—

(i) promote and facilitate co-operation between transmission system operators at a regional level on cross-border issues,

(ii) foster the consistency of legal, regulatory and technical frameworks,

(iii) facilitate the integration of isolated systems forming electricity and gas islands in the European Union, and

(iv) create competitive internal electricity and gas markets,

(fd) to ensure that electricity and gas transmission system operators have one or more integrated systems at regional level covering 2 or more Member States for capacity allocation and for checking the security of the network,]

F79[(fda) to ensure that transmission system operators make available interconnector capacities to the utmost extent pursuant to Article 16 of the 2019 Internal Electricity Market Regulation,]

F85[(fe) to request the opinion of the Agency on the compliance of a decision, taken by another regulatory authority on a cross border trade issue, withF86[network codes and]guidelines referred to in the Natural Gas Market Regulation, the Natural Gas Market Directive, theF16[2019 Internal Electricity Market Directive]or the Electricity Market Directive,

(ff) where it considers that a decision relevant for cross-border trade taken by another regulatory authority does not comply with theF86[network codes or]guidelines referred to inparagraph (fe), to, if it considers it necessary, inform the European Commission within 2 months of the taking of the decision by that other regulatory authority,

(fg) where, following a request to the Agency by another regulatory authority in regard to a decision made by the Commission on a cross-border trade issue, the European Commission has requested the Commission to withdraw its decision, to comply with any such decision within a period of 2 months and to inform the European Commission accordingly,]

F88[(g) to grant, monitor the performance of, modify, revoke and enforce licences and authorisations pursuant to this Act,

(h) to publish information and advice and settle disputes in accordance with the provisions of this Act,

(i) to carry out the role assigned to it bysection 39,F89[…]

F90[(j) to comply with and implement relevant legally binding decisions of the Agency and of the European Commission,]]

F91[(k) to collect and recover the carbon revenue levy (within the meaning ofsection 40D) underF92[Part VIB,]]

F93[(ka)to act as the competent authority for the purposes of European Communities (Geological Storage of Carbon Dioxide) Regulations 2011 and 2014,]

F94[F95[(l) to ensure compliance by electricity and gas undertakings, including transmission system operators, distribution system operators and system owners, and other market participants, with their obligations under the Natural Gas Market Directive, the 2019 Internal Electricity Market Directive, the 2019 Internal Electricity Market Regulation, the network codes and the guidelines adopted pursuant to Articles 59, 60 and 61 of the 2019 Internal Electricity Market Regulation, and other relevant law of the European Union, including as regards cross-border issues, as well as with decisions of the Agency, in accordance with their statutory functions,]

F96[(la) in close cooperation with the other regulatory authorities, to ensure the compliance of the ENTSO for Electricity and the EU DSO entity with their obligations under the 2019 Internal Electricity Market Directive, the 2019 Internal Electricity Market Regulation, the network codes and guidelines adopted pursuant to Articles 59, 60 and 61 of the 2019 Internal Electricity Market Regulation, and other relevant law of the European Union, including as regards cross-border issues, as well as with the Agency’s decisions, and jointly identify any failure of the ENTSO for Electricity and the EU DSO entity to comply with their respective obligations,

(lb) where the Commission has not been able to reach an agreement (with the other regulatory authorities), within a period of 4 months after the start of consultations, on the matter of whether a failure to comply, as referred to inparagraph (la), has occurred or as to the extent of any such failure, to refer, jointly with those other authorities, the matter to the Agency for a decision, pursuant to Article 6(10) of the 2019 ACER Regulation,

(lc) to implement the network codes and guidelines adopted pursuant to Articles 59, 60 and 61 of the 2019 Internal Electricity Market Regulation through national measures or, where so required, coordinated regional or Union-wide measures,]

F97[(m) to carry out investigations into the functioning of the electricity and gas markets,

(n) to decide upon and impose effective and proportionate measures to promote effective competition,

(o) to have regard to the benefits of developing demand-side participation in electricity markets, including through energy efficiency, demand-response, distributed generation, energy storage and the use of digital technologies,

(p) to have regard to the facilitation of consumers to provide, consume and trade electricity that they have generated,

(q) to have regard to the need to provide for flexibility in the trading of electricity to facilitate trading close to real time in order to better integrate renewable electricity and provide accurate price signals to the market,

(r) to have regard to the use of energy storage technologies in participating in the balancing of electricity demand and supply,F68[…]

(s) to have regard to the need to ensure that grid connection policy takes account of renewable energy policy, including any such policy in relation to community energyF98[projects,]]]

F99[(t) to approve products and procurement process for non-frequency ancillaryF100[services,]

(u) to require any information from electricity undertakings relevant for the fulfilment of its tasks, including the justification for any refusal to grant third-party access, and any information on measures necessary to reinforce theF101[network,]]

F103[(v)to ensure a level playing field where electricity undertakings are subject to transparent, proportionate and non-discriminatory rules, fees and treatment, in particular with respect to—

(i) balancing responsibility,

(ii) access to wholesale markets,

(iii) access to data,

(iv) switching processes and billing regimes, and

(v) where applicable,F104[licensing,]

(w)to ensure that market participants from third countries, when operating within the internal market for electricity, comply with applicable Union and national law, including that concerning environmental and safetyF105[policy, and]]

F106[(x)to perform its functions under the European Union (Renewable Energy) Regulations 2022 (S.I. No. 76 of 2022).]

F102[(1A) For the purposes of this Act, the functions of the Commission under the Electricity Market Directive and under the Natural Gas Market Directive and any regulations made under either, shall be deemed to be functions of the Commission under this Act.]

F107[(1B) The Commission shall be responsible for ensuring non-discrimination, effective competition and the efficient functioning of the electricity and gas markets, by monitoring in particular—

(a) the rules on the management and allocation of interconnection capacity in conjunction with the regulatory authority or authorities of those Member States with which the interconnection exists,

(b) mechanisms to deal with management of congestion capacity within the electricity and gas systems,

(c) the time taken by transmission and distribution system operators to make connections and repairs,

(d) the publication of appropriate information by transmission and distribution system operators concerning interconnectors, grid usage and capacity allocation to interested parties, taking into account the need to treat non-aggregated information as commercially confidential,

(e) effective unbundling of accounts to ensure that there are no cross-subsidies between generation, transmission, distribution, storage, LNG and supply activities,F108[or other electricity and non-electricity activities]

(f) conditions of access to storage facilities, linepack and to other ancillary services in relation to gas,

(g) the application by storage operators of the criteria relating to storage facilities that fall under Article 33 of the Natural Gas Market Directive,

(h) the extent to which transmission and distribution system owners and operators fulfil their functions in accordance with statutory requirements,

(i) the level of competition and transparency in respect of wholesale prices,

(j)F109[…]

(k) ensuring compliance by transmission system operators with recommendations of the Commission in regard to amendment or modification of investment plans of transmission system operators,

(l) compliance with, and review of, past performance of network security and reliability rules, and

(m) the terms, conditions and tariffs for connecting new producers of electricity to guarantee that these are objective, transparent and non-discriminatory, in particular taking full account of the costs and benefits of the various renewable energy sources technologies, distributed generation and combined heat and power.]

F110[(1BA)F111[…]]

F112[F108[(1BA) The Commission shall ensure compliance of electricity undertakings, including transmission and distribution system owners and operators, with transparency obligations.]

(1C) The Commission shall in its annual report, underparagraph 25(c)of theScheduleinclude details on the carrying out and fulfilment of its duties underF113[Articles 59 and 60 of the 2019 Internal Electricity Market Directive], and Article 41 of the Natural Gas Market Directive andsubsection (3)ofsection 9BA.]

F108[(1CA) The Commission shall report annually on its activity and the fulfilment of its duties to the European Commission and the Agency, including on the steps taken and the results obtained as regards each of the tasks listed in Articles 59 and 60 of the 2019 Internal Electricity Market Directive.]

F114[(1CB) The Commission shall report annually until at least 2032 on the developments in dynamic electricity price contracts, including market offers and the impact on consumers’ bills and specifically the level of price volatility.]

F115[(1D)(a) Any dispute between a gas transmission, gas distribution, LNG or gas storage system operator and a person regarding—

(i)(I) the matters specified insection 9(1B), in relation to gas,

(II) the terms and conditions for the provision of balancing services or the methodologies used to calculate such terms and conditions,

(III) the terms and conditions, including tariffs or the methodologies used to calculate or establish such terms and conditions for connection and access to the national networks,

F116[…]

(ii)F116[…]

shall, upon the application of such person, be determined by the Commission, and the Commission shall issue a direction regarding its determination and the system operator shall comply with and be bound by any such determination.

(b) The Commission shall issue a binding determination referred to inparagraph (a)within 2 months from the date of receipt of the complaint. This 2 month period may be extended by a further 2 months (and such further extension as may be consented to by the applicant) where the Commission seeks additional information in the matter.

(c) This subsection does not apply to a dispute between a final customer and a system operator where the dispute concerns a refusal to offer to enter into a third party access agreement within the meaning ofsection 10A or 10Bof theGas Act 1976.]

F113[(1E) The Commission, when carrying out the monitoring of compliance referred to inparagraph (k)ofsubsection (1B), may formulate proposals, by way of recommendations to be included by it in its report referred to insubsection (1C), for the amendment or modification of investment plans referred to in that paragraph (k) so as to ensure their consistency with the Union wide network development plan referred to in Article 30(1)(b) of the 2019 Internal Electricity Market Regulation and Article 8(3)(b) of the Natural Gas Market Regulation.]

F118[(1F) It shall be a function of the Commission to ensure that there is a high standard of protection for all final customers, including in their dealings with energy undertakings.]

F119[(1FA) For the purposes ofsubsection (1F)“final customer”—

(a) in the case of an electricity undertaking, has the meaning given to it bysection 2, and

(b) in the case of a natural gas undertaking, has the meaning given to it bysection 2of theGas (Interim) (Regulation) Act 2002.]

F120[(1G)F121[(a) In carrying out its functions underparagraphs(ea), (eb) and (ed) the Commission shall, having consulted with the Minister, establish and implement a LPG and natural gas safety regulatory framework, and report annually to the Minister on the functioning of such framework,]

(b) The framework established underparagraph(a) shall include—

(i) a system for the inspection and testing of all natural gas transmission and distribution pipelines, storage and LNG facilities to an extent and at a frequency specified in the framework,

(ii) a system for the regulation, certification, ongoing inspection of the work and assessment of the competence of individual trained natural gas installersF122[and LPG installers],

(iii) procedures for the investigation of complaints regarding the competence of any particular natural gas installerF123[or LPG installer],

F124[(iv) procedures for the investigation of a LPG incident as prescribed by regulations undersection 9Hand any incidents involving natural gas which in the opinion of the Commission warrant such investigation,]

(v) procedures relating to the making of a report to the Minister in respect of an investigation undersubparagraph (iv),

(vi) any other matter considered necessary by the Commission.

(c) The Commission may review or amend the framework referred to inparagraph (a)as often as it considers necessary.]

F125[(1H) (a) In carrying out its functions underparagraphs(ea), (eb) and (ed) ofsubsection (1)the Commission may require natural gas undertakings and LPG undertakings to regularly advise and provide information to their final customers and the public as respects—

(i) best practice in relation to the safe use of natural gas and LPG and on the operation and maintenance of natural gas fittings and LPG fittings, and

(ii) the detection and reporting of natural gas and LPG leaks and other faults in natural gas fittings and LPG fittings, in such manner as the Commission may, from time to time, direct.

(b) Without prejudice to the generality ofparagraph(a), the Commission may direct a natural gas undertaking or a LPG undertaking, as the case may be, to engage in, either on its own or in concert with any other natural gas undertaking or LPG undertaking (whether or not such other undertaking operates within the State), campaigns promoting natural gas safety or LPG safety, as the case may be, which campaigns shall take such form as the Commission may specify in its direction and each natural gas undertaking or LPG undertaking concerned shall comply with any such direction.]

F126[(1I) The Commission may, if necessary, direct a transmission system operator or a distribution system operator to modify the terms and conditions, including tariffs or methodologies referred to in Article 59 of the 2019 Internal Electricity Market Directive, so as to ensure that they are proportionate and applied in a non-discriminatory manner, in accordance with Article 18 of the 2019 Internal Electricity Market Regulation.]

(2) Notwithstanding the generality of subsection (1) (a), a policy direction of the Minister shall include a direction that procedures of the Commission enable the implementation of orders made by the Minister under sections 39 and 40.

F127[(3) It shall be the duty of the Minister and the Commission to carry out their functions and exercise the powers conferred on them under this Act in a manner which—

(a) in relation to electricity, does not discriminate unfairly between holders of licences, authorisations and the Board or between applicants for authorisations or licences,

(b) in relation to gas, does not discriminate unfairly between holders of licences, consents and Bord GáisÉireann or between applicants for consents orF128[licences,]

(c) the Minister or the Commission, as the case may be, considers protects the interests of final customers of electricity or gas or both,F129[as the case may be, and]]

F130[(d)in relation to electricity, ensures that no undue barriers exist for electricity as regards market entry, operation and exit, without prejudice to any competence retained in relation to third countries.]

F131[(4)(a)F132[In carrying out the duty imposed bysubsection (3)and the functions specified in Article 59 of the 2019 Internal Electricity Market Directive and Article 41 of the Natural Gas Market Directive, the Minister and the Commission shall, in close consultation with the authorities specified inparagraph (aa)and without prejudice to their competence, have regard to the need]—

(i) to promote competition in the generation and supply of electricity and in the supply of natural gas in accordance with this Act,

(ii) to secure that all reasonable demands by final customers of electricity for electricity are satisfied,

(iii) to secure that licence holders are capable of financing the undertaking of the activities which they are licensed to undertake,

(iv) to promote safety and efficiency on the part of electricity and natural gas undertakings,

(v) to promote the continuity, security and quality of supplies of electricity,

(vi) to promote the use of renewable, sustainable or alternative forms of energy,

(vii) to secure that there is sufficient capacity in the natural gas system to enable reasonable expectations of demand to be met,F133[…]

(viii) to secure the continuity, security and quality of supplies of naturalF134[gas,]

F135[(ix) to promote flexibility in the internal market for electricity within theF136[Union, and]]

F137[(x) to ensure that electricity prices reflect actual demand and supply.]

F135[(aa) The authorities referred to in paragraph (a) are every other relevant authority in the State, including the Competition and Consumer Protection Commission, and, as regards Article 59 of the 2019 Internal Electricity Market Directive, including every authority, including regulatory authority, in neighbouring Member States and neighbouring third countries, as appropriate, together with the European Commission and the Agency.]

F138[(ab)Without prejudice to the duties of the Minister and the Commission undersubsection (3)andparagraph (a), nothing in this Act or other legislation shall unduly hamper—

(i) cross-border trade in electricity,

(ii) consumer participation, including through demand response,

(iii) investments into, in particular, variable and flexible energy generation, energy storage and the deployment of electromobility and new interconnectors between Member States.]

(b) In carrying out its duties underparagraph(a) of this subsection, the Commission shall also have regard to the following objectives:

(i) to integrate large and small scale production of electricity and gas from renewable resources and distributed production in both transmission and distribution networks in the most cost effective wayF135[and facilitating their operation in relation to other energy networks of gas or heat];

F132[(ii) to develop –

(I) competitive and properly efficient and reliable functional regional cross border electricity markets, and

(II) competitive and properly efficient and reliable functional regional gas markets;]

(iii) to eliminate restrictions on trade in electricity and gas between Member States, including developing appropriate cross-border transmission capacities to meet demand and enhancing the integration of national markets which may facilitate electricity and gas flows across the European Union;

(iv) to promote system adequacy;

F132[(v) to facilitate access to the network for new electricity generation capacity, energy storage facilities and for gas production, in particular removing barriers that could prevent access for new market entrants and of electricity and gas from renewable sources;]

(vi) in fixing and approving tariffs or methodologies and the balancing services, to ensure that system operators and system users are granted appropriate incentives, in both the short and long term to—

(I) increase the efficienciesF135[, and, in relation to electricity especially energy efficiency,]in system performance,

(II) to foster market integration,

(III) to foster security of supply, and

(IV) to support researchF132[activities;]]

F135[(vii) to ensure that customers benefit through the efficient functioning of the market in the State, promoting effective competition and helping to ensure a high level of consumer protection, and in relation to duties under the 2019 Internal Electricity Market Directive in close cooperation with the Competition and Consumer Protection Commission;

(viii) to contribute to the compatibility of necessary data exchange processes for customer switching.]

(5) Without prejudice to subsections (3) and (4), it shall be the duty of the Commission:

(a) to take account of the protection of the environment;

(b) to encourage the efficient use and production of electricity;

(c) to take account of the needs of rural customers, the disadvantaged and the elderly;

(d) to encourage research and development into—

(i) methods of generating electricity using renewable, sustainable and alternative forms of energy and combined heat and power, and

(ii) methods of increasing efficiency in the use and production of electricity;

F139[…]

(e) to require that the system operator gives priority to generating stations using renewable, sustainable or alternative energy sources when selecting F140[generating stations, and]

F141[(f) to take account of the rights of customers, particularly household customers and small enterprises, to be supplied with electricity of a quality specified by the Commission pursuant to Regulation 26 of the European Communities (Internal Market in Electricity) Regulations 2005 at reasonable,F142[competitive,]easily and clearly comparable and transparent prices.]

F143[(5A) Where the Single Electricity Market is in operation,subsections(3),(4)and(5)shall not apply in relation to a matter which is a SEM matter.]

F144[(6) In carrying out its functions pursuant to this Act, the Commission shall:

(a) act in as consistent a manner as practicable, and

F145[(b) any decisions taken by it shall be fully reasoned and justified and shall be publically available while preserving the confidentiality of commercially sensitive information.]]

9A. F146[Approval of terms and conditions

9A.—F147[(1) Subject tosubsection (1A), the Commission shall be responsible for –

(a) determining or approving prior to their entry into force, at least the methodologies used to calculate the terms and conditions for the provision of balancing ancillary services in relation to electricity and gas systems,

(b) providing in the most economic manner ancillary services, with the appropriate incentives for network users to balance the input and off-take of gas in the system, and

(c) providing ancillary services in a fair and non-discriminatory manner and based on objective criteria.

(1A)Subsection (1)shall not apply 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.]

(2) The Commission shall publish the methodologies or the terms and conditions referred to in9A(1)on a publically available website.]

9B. F148[Functions of Commission regarding all-island energy market.

9B.—(1) It shall be, and be deemed always to have been, a function of the Commission to participate in the development of an all-island energy market, including the preparation of proposals and the provision of advice to the Minister in regard to any part or aspect of the establishment, management and operation of such a market.

(2) The Commission may take all actions it considers necessary, in carrying out its function undersubsection (1).

(3) The powers conferred on the Commission bysubsection (1)include the power to direct—

(a) a person holding a licence undersection 14(1)(e) or ESB National Grid to negotiate with any person holding an analogous licence as respects any part of Northern Ireland and to enter into an agreement with any such person to establish an entity to be known as a single market operator,

(b) the holder of a licence undersection 14(1)(e) or ESB National Grid to take such steps as are necessary to ensure the proper functioning and operation of the system of trading in electricity for which it is responsible on foot of a direction from the Commission under this Act or the European Communities (Internal Market in Electricity) Regulations 2000 and 2005, and

(c) the holder of a licence granted undersection 14or a person who stands licensed to generate electricity by virtue ofsubsection (1A) or (1B) of section 14to comply with any directions, codes or rules made by the Commission under this Act or the European Communities (Internal Market in Electricity) Regulations 2000 and 2005.

(4) The power of the Commission undersubsection (3)includes the power to direct that necessary expenditure be undertaken by the holder of a licence undersection 14(1)(e) or ESB National Grid.

(5) Without prejudice to the generality ofsubsection (2)the Commission in exercising its powers under this section may—

(a) liaise,

(b) co-operate, or

(c) enter into arrangements including arrangements involving—

(i) the sharing of information, or

(ii) the sharing of expenditure,

with a relevant person in any other Member State of the European Union and in particular the Northern Ireland Authority for Energy Regulation.

(6) In this section—

“all-island energy market”means a market in energy for the island of Ireland resulting from the integration of the equivalent markets in Ireland with those of Northern Ireland;

“island of Ireland”includes its islands and seas;

“ESB National Grid”means the National Grid Business Unit of the Board performing the functions of the transmission system operator under this Act and the European Communities (Internal Market in Electricity) Regulations 2000 and 2005, pending the granting of a licence undersection 14(1)(e);

“market in energy”includes a market in respect of—

(a) the generation, supply, transmission, distribution and trading, including the export or import, of electricity, including electricity generated from renewable sources,

(b) the storage, supply, transmission, distribution and trading, including the export and import, of natural gas,

(c) energy efficiency services,

(d) energy research and development, and

(e) other sustainable energy activities;

“relevant person”means—

(a) any person exercising a function in relation to an energy market which corresponds to any of the functions of the Commission or the Minister under—

(i) the Electricity and Gas Regulation Acts 1999 to 2002,

(ii) European Communities (Internal Market in Electricity) Regulations 2000 and 2005,

and

(b) any person engaged in—

(i) generation, supply, including the export or import, transmission or distribution of electricity, or

(ii) storage, supply including the export or import, transmission or distribution of natural gas;

“single market operator”means an entity established pursuant to an agreement made undersubsection (3)for the purpose of establishing and operating a system of contracts and arrangements (including such rights and obligations as appear to the Commission to be necessary) for trading in electricity on the island of Ireland.]

9BA. F149[Functions of Commission relating to Single Electricity Market.

9BA.—(1) In addition to the functions conferred on it by section 9, the Commission shall have as a function, following consultation with the Authority, the taking of all necessary steps (including the making of regulations undersubsection (2)to have effect in the State in connection therewith) to establish and facilitate the operation of the Single Electricity Market, including a Trading and Settlement Code in relation to that market.

(2) (a) The Commission may make regulations for the purposes ofsubsections (1) and (3).

(b) Without prejudice to the generality of paragraph (a) regulations undersubsection (1)may—

(i) subject toparagraph (iii), require every person holding a licence undersection 14(1)(a) to (d) and (h) to make available for trading under the Single Electricity Market such electricity as is generated by that person or available to that person for supply,

(ii) prescribe an amount of electricity to be a threshold quantity (expressed in megawatts) for the purposes of paragraph (iii) and may prescribe different amounts in relation to different classes of licence holder,

(iii) provide that a person holding a licence undersection 14who does not generate an amount of electricity greater than the relevant threshold quantity may, but is not required to, make available for trading under the Single Electricity Market such electricity as is generated by that person.

(3) In performing the function referred to insubsection (1)the Commission shall monitor, supervise and keep under review the operation and effectiveness of the Single Electricity Market including the functions of the Single Electricity Market operator, and may make regulations undersubsection (2)in relation to the Single Electricity Market.]

9BB. F150[Restriction on disclosure of information.

9BB.—(1) (a) This subsection applies to information received by the Minister or the Commission, which information has been given to that person under or by virtue of—

(i) any provision of the law of Northern Ireland corresponding to a provision under this Act (including a condition in a licence, exemption or authorisation granted under it) or the Internal Market Regulations, or

(ii) a licence, exemption or authorisation granted in Northern Ireland by the Department analogous to a licence, exemption or authorisation which may be granted by the Commission under this Act.

(b) Subject toparagraph(c), information to which this subsection applies shall not be disclosed or published by the recipient of the information unless—

(i) that person is required or permitted to disclose that information—

(I) under or by virtue of any enactment, or

(II) by order of a Court exercising its jurisdiction,

or

(ii) such disclosure or publication is made for the purpose of facilitating the performance of any of the functions of that person under this Act.

(c) The Minister and the Commission, to the extent that each of them believes it necessary or expedient for the effective operation of the Single Electricity Market, may share information with such persons exercising a function in Northern Ireland in relation to electricity which corresponds to any of the functions of the Commission or the Minister under—

(i) the Electricity and Gas Regulation Acts 1999 to 2002, or

(ii) the Internal Market Regulations,

including information which is commercially sensitive, and information which has been furnished to that person by the holder of a licence or exemption undersection 14or the holder of an authorisation undersection 16.

(2) (a) This subsection applies to information received by the holder of a licence, an exemption or an authorisation, which information has been given to that person under or by virtue of—

(i) this Act (including a condition of a licence, exemption or authorisation granted under it),

(ii) the Internal Market Regulations,

(iii) any corresponding provision of the law of Northern Ireland, or

(iv) a licence, exemption or authorisation granted in Northern Ireland by the Department analogous to a licence, exemption or authorisation which may be issued by the Commission under this Act.

(b) Information to which this subsection applies shall not be disclosed or published by the recipient of the information unless that person is required to disclose or publish that information—

(i) by reason of a condition in a licence, exemption or authorisation,

(ii) under or by virtue of any enactment, or

(iii) by order of a Court exercising its jurisdiction.]

9BC. F151[Principal objective and functions of Minister, the Commission and SEM Committee in carrying out their functions in relation to the Single Electricity Market.

9BC.—(1) The principal objective of—

(a) the Minister in carrying out his or her electricity functions in relation to matters which the Minister considers materially affect, or are likely materially to affect, the Single Electricity Market,

(b) the Commission in giving effect to any decision of the SEM Committee, and

(c) the SEM Committee in carrying out its functions undersection 8A(4),

is to protect the interests of consumers of electricity in the State and Northern Ireland supplied by authorised persons, wherever appropriate by promoting effective competition between persons engaged in, or in commercial activities connected with, the sale or purchase of electricity through the Single Electricity Market.

(2) The Minister, the Commission and the SEM Committee shall carry out their respective functions referred to insubsection (1)in the manner which each considers is best calculated to further the principal objective, having regard to—

(a) the need to secure that all reasonable demands for electricity in the State and Northern Ireland are met,

(b) the need to secure that authorised persons are able to finance the activities which are the subject of conditions or obligations imposed by or under this Act or the Internal Market Regulations or any corresponding provision of the law of Northern Ireland,

(c) the need to secure that the functions of the Minister, the Commission, the Authority, and the Department in relation to the Single Electricity Market are exercised in a co-ordinated manner,

(d) the need to ensure transparent pricing in the Single Electricity Market, and

(e) the need to avoid unfair discrimination between consumers in the State and consumers in Northern Ireland.

(3) The Minister, the Commission and the SEM Committee may, in carrying out any of the functions mentioned insubsection (1), have regard to the interests of consumers in the State and Northern Ireland in relation to gas.

(4) Subject tosubsection (2), the Minister, the Commission and the SEM Committee shall carry out the functions mentioned insubsection (1)in the manner which each of them consider is best calculated—

(a) to promote efficiency and economy on the part of authorised persons,

(b) to secure a diverse, viable and environmentally sustainable long-term energy supply in the State and Northern Ireland,

(c) to promote research into, and the development and use of—

(i) new techniques by or on behalf of authorised persons, and

(ii) methods of increasing efficiency in the use and generation of electricity.

(5) Subject tosubsection (2), in carrying out any of the functions mentioned insubsection (1)the Minister, the Commission and the SEM Committee shall have regard to—

(a) the effect on the environment in the State and Northern Ireland of the activities of authorised persons, and

(b) the need, where appropriate, to promote the use of energy from renewable energy sources.

(6) In carrying out any of the functions mentioned insubsection (1)the Minister, the Commission and the SEM Committee shall not discriminate unfairly as regards terms and conditions—

(a) between authorised persons, or

(b) between persons who are applying to become authorised persons.

(7) In this section—

“authorised person”means the holder of a licence or exemption under a provision of this Act relating to electricity or under any corresponding provision of the law of Northern Ireland;

“electricity functions”means—

(a) functions under this Act, and

(b) functions under the Internal Market Regulations,

relating to electricity;

“environmentally sustainable”includes the need to guard against climate change;

“renewable energy sources”has the same meaning as in Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC^6.]

9BD. F152[Performance of functions relating to Single Electricity Market.

9BD.—The Minister, the Commission and the SEM Committee shall have regard to the objective that the performance of any of their respective functions in relation to the Single Electricity Market should, to the extent that the person exercising the function believes is practical in the circumstances, be transparent, accountable, proportionate, consistent and targeted only at cases where action is needed.]

9C. F153[Function of Commission relating to electrical safety.

F154[9C.—(1) It is a function of the Commission to regulate the activities of electrical contractors with respect to safety.

(2) In carrying out its functions under this section, the Commission may by notice require electricity undertakings to advise and provide information to their final customers and the public in respect of the safe installation and maintenance of electrical works in such manner and frequency as the Commission, may from time to time, direct.]]

9D. F155[Regulation of electrical contractors.

9D.—(1) (a) The Commission may appoint a person or persons to be a designated body for the purposes of this section and such body may be referred to as an Electrical Safety Supervisory Body.

(b) Where the Commission has not appointed a person or persons to be a designated body, or a designated body is, in the opinion of the Commission, no longer able to carry out its functions under this section, the Commission may, with the consent of the Minister, appoint an employee of the Commission to carry out those functions on a temporary basis.

(2) (a) In determining the number of persons appointed undersubsection (1)the Commission shall have regard to the costs likely to be incurred—

(i) by the Commission in carrying out its functions under this section, and

(ii) by final customers.

(b)Paragraph 16 of Schedule 1shall apply to any costs incurred by the Commission in carrying out its functions under this section.

(c) Inparagraph(b) the words“any costs incurred by the Commission”includes any moneys provided by the Commission to a designated body, following its appointment undersubsection (1), to facilitate that body in establishing and carrying out its functions.

(3) A person shall not be appointed to be a designated body, or if so appointed shall cease to act as a designated body, if that person is or becomes a trade association or performs representative functions on behalf of persons working in the electrical industry.

(4) A person who does not for the time being stand appointed as a designated body shall not describe himself or herself as an Electrical Safety Supervisory Body or in a manner likely to suggest that such person is a designated body for the purposes of this section.

(5) (a) The Commission shall publish criteria (in this section referred to as“the criteria”) relating to—

(i) electrical safety supervision,

(ii) the safety standards to be achieved and maintained by electrical contractors, and

(iii) the procedures to be operated by a person appointed as a designated body.

(b) The criteria to be published in connection withparagraph(a) shall include, but shall not be limited to, the following information:

(i) the procedures to be adopted by a designated body for the registration of its members;

(ii) the procedures to be followed by a person applying for membership of a designated body;

(iii) the services which a designated body may carry out on behalf of its members to facilitate the performance of its functions;

(iv) the standards of training and safety to be achieved and maintained by members of a designated body and the procedures to be followed by a designated body in monitoring such standards;

(v) the procedures to be followed by a designated body for the inspection of any work carried out by one of its members, or by a person who is not a registered electrical contractor;

(vi) the procedures to be followed by a designated body in connection with the suspension or revocation of the membership of one of its members;

(vii) the matters to be covered by a completion certificate in respect of different categories or classes of electrical works and the circumstances in which each such class of certificate shall be used;

(viii) the type of accounts to be kept by the designated body, and the manner in which such accounts should be audited;

(ix) the method by which the accounts kept undersubparagraph (viii)should be published; and

(x) the procedures to be followed, and the records to be maintained, by a designated body or its members (where appropriate), in connection withsubparagraphs (i) to (ix).

(c) The Commission may review or amend the criteria as often as it considers necessary.

(6) The Commission shall not appoint a person to be a designated body unless it is satisfied that the person is capable of complying with the criteria, and as respects each person who is a member (in this section referred to as a“registered electrical contractor”) of that designated body that the body has, or will have if appointed, the capability and entitlement to—

(a) inspect any work carried out by a registered electrical contractor,

(b) monitor the training and safety standards of a person who is a registered electrical contractor,

(c) review training undertaken by a person engaged either as an employee or as an independent contractor of a registered electrical contractor,

(d) issue directions to a registered electrical contractor regarding the training to be given to or undertaken by a class or classes of persons engaged either as employees or as independent contractors,

(e) suspend the membership of a registered electrical contractor in a designated body where that registered electrical contractor is the subject of an investigation by that body into whether—

(i) work carried out by the registered electrical contractor concerned is unsafe or otherwise of an unsatisfactory standard,

(ii) the training of employees and independent contractors engaged by the registered electrical contractor concerned is materially inadequate, or

(iii) the registered electrical contractor has acted in contravention of the criteria to a material extent,

(f) suspend or revoke the membership of a registered electrical contractor in the designated body where that body is satisfied that any of the matters specified insubparagraphs (i)to(iii)ofparagraph(e) apply as respects the contractor concerned.

(7) (a) Where a designated body decides to suspend or revoke the membership of a registered electrical contractor in that body, such designated body shall inform, in writing, both—

(i) the Commission, and

(ii) the registered electrical contractor concerned,

of its decision to suspend or revoke the membership of a registered electrical contractor in the designated body.

(b) A registered electrical contractor, the subject of a decision underparagraph(a), may submit an appeal, in writing, of the decision to the Commission within 28 days of being informed of the decision.

(8) (a) The Commission shall appoint one or more persons (“Appeals Officer”) to—

(i) duly consider, and

(ii) furnish a report to the Commission on,

any appeal submitted by a registered electrical contractor relating to a decision made by the designated body to suspend or revoke his or her membership in the designated body.

(b) The Commission shall have regard to the report of the Appeals Officer underparagraph (a)and shall advise the designated body, the Appeals Officer and the registered electrical contractor concerned of its decision to confirm, vary or set aside the decision of the designated body concerned.

(c) An appeal shall not be considered under this subsection if—