UK Act of Parliament 2003 Northern Ireland

Energy (Northern Ireland) Order 2003

This Order provide for the establishment and functions of the Northern Ireland Authority for Energy Regulation and an energy group of the General Consumer Council for Northern Ireland. It also amends the legislation regulating the electricity and gas industries.

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
UREGNI
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 2 of 15 obligations carry an unlimited fine. 1 carries different penalties and 12 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person3 Licence Holder2

Plus 10 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Licence Holder — also bound by 225 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTORY

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.art001 Title and commencement
s.art002 Interpretation
Part 2

NEW REGULATORY ARRANGEMENTS

5 of 15 sections shown
s.art003 Designation of Authority as national regulatory authority for Northern Ireland: electricity Regulated
Other duties (1) — Crown / regulator
  • Authority must maintain independence and provide information to EU CommissionStatutory regulator
s.art003 Exercise of designated regulatory gas functions etc Regulated
Other duties (1) — Crown / regulator
  • Authority must prevent staff compromise of regulatory independenceStatutory regulator
s.art008 Duty on the authority to have regard to the need for consultation and co-operation with other authorities : electricity Regulated
Other duties (1) — Crown / regulator
  • Consider consulting and co-operating with other energy regulatorsStatutory regulator
s.art008 Duty on the authority to have regard to the need for consultation and co-operation with regard to other authorities: gas Regulated
Other duties (1) — Crown / regulator
  • Authority must consider consulting and cooperating with other regulators in gas regulationStatutory regulator
s.art011 Co-operation between Authority and Council Regulated
Other duties (1) — Crown / regulator
  • Authority and Council must cooperate and maintain a memorandum of arrangementsStatutory regulator
10 other sections in this Part — procedural and definitional
s.art003 The Northern Ireland Authority for Energy Regulation
s.art004 Transfer to Authority of functions, property, etc. of Directors
s.art005 Forward work programme of the Authority
s.art006 Annual and other reports of Authority
s.art006 Report on activities as designated regulatory authority: electricity
s.art006 Decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission
s.art007 Publication by Authority of advice and information about consumer matters
s.art008 Powers of Authority in relation to external matters
s.art009 The energy group of the General Consumer Council for Northern Ireland
s.art010 Forward work programme of the Council
Part 3

OBJECTIVES OF REGULATION OF ELECTRICITY AND GAS

2 of 5 sections shown
s.art012 The principal objective and general duties of the Department and the Authority in relation to electricity Regulated
  • Comply with UREGNI information notices on requestLicence Holder
s.art014 The principal objective and general duties of the Department and the Authority in relation to gas Regulated
Other duties (1) — Crown / regulator
  • Gas regulators must act to promote efficient industry and protect consumersCrown / Minister / Government department
3 other sections in this Part — procedural and definitional
s.art012 Additional functions of the Authority in relation to electricity
s.art013 Exceptions from the general duties
s.art015 Exceptions from the general duties
Part 4

FUNCTIONS OF THE GENERAL CONSUMER COUNCIL

3 of 12 sections shown
s.art022 Consumer complaints Regulated
Other duties (1) — Crown / regulator
  • Consumer Council must investigate energy customer complaintsStatutory regulator
s.art024 Provision of information to Council Regulated
  • Energy licence holders must supply information requested by the CouncilLicence Holder
s.art026 Provision of information by Council to Authority Regulated
Other duties (1) — Crown / regulator
  • Council must supply information requested by the energy regulatorCrown / Minister / Government department
9 other sections in this Part — procedural and definitional
s.art016 Preliminary
s.art017 Acquisition and review of information
s.art018 Provision of advice and information to public authorities and other persons
s.art019 Provision of information to consumers
s.art020 Publication of statistical information about complaints
s.art021 Power to publish advice and information about consumer matters
s.art023 Power of Council to investigate other matters
s.art025 Publication of notice of reasons
s.art027 Articles 24 to 26: supplementary
Part 5

LICENCES

0 of 13 sections shown
13 other sections in this Part — procedural and definitional
s.art028 New kind of electricity transmission licence
s.art029 Conversion of existing electricity transmission licences
s.art030 New kind of gas conveyance licence
s.art031 Conversion of existing gas conveyance licences
s.art032 New standard conditions for gas conveyance licences
s.art033 Conditions of electricity licences
s.art034 Conditions of gas licences
s.art035 Standard conditions of gas licences
s.art036 Modification of electricity licences following Competition Commission report
s.art037 Modification of gas licences following Competition Commission report
s.art038 Modification of licences: general provisions
s.art039 Power to alter activities requiring electricity licence
s.art040 Power to alter activities requiring gas licence
Part 6

ENFORCEMENT

2 of 13 sections shown
s.art045 Financial penalties Regulated
  • Fail to meet energy licence condition or performance standardAny Person
s.art051 Power to require information Prosecution
  • Fail to comply with information notice or destroy required documentsAny Person

Unlimited fine

11 other sections in this Part — procedural and definitional
s.art041 Introductory
s.art041 Meaning of relevant requirement in relation to electricity
s.art041 Meaning of relevant requirement in relation to gas
s.art042 Orders for securing compliance
s.art043 Procedural requirements
s.art044 Validity and effect of orders
s.art046 Statement of policy with respect to penalties
s.art047 Time limits on the imposition of financial penalties
s.art048 Interest and payment of instalments
s.art049 Appeals
s.art050 Recovery of penalties
Part 7

ELECTRICITY FROM RENEWABLE SOURCES

0 of 20 sections shown
20 other sections in this Part — procedural and definitional
s.art052 Obligation in connection with electricity from renewable sources
s.art053 Further provision about the renewables obligation
s.art054 Renewables obligation certificates
s.art054 Article 54: supplemental provision
s.art054 Amounts of electricity specified in certificates
s.art054 Transitional provision and savings
s.art054 Use of renewables obligation certificates issued in Great Britain
s.art055 Payment as alternative to complying with renewables obligation order
s.art055 Allocation of amounts to electricity suppliers
s.art055 Costs of the Authority and the Great Britain authority
s.art055 Information
s.art055 Renewables obligation order; general provision
s.art055 Renewables obligation orders: procedure
s.art055 Renewables obligation closure order
s.art055 Renewables obligation closure orders: procedure
s.art055 Interpretation of Articles 52 to 55F
s.art056 Power to amend this Part
s.art057 Non-fossil fuel obligation
s.art058 Abolition of fossil fuel levy
s.art058 Modifications of licences in connection with Energy Act 2004
Part 8

MISCELLANEOUS AND SUPPLEMENTARY

1 of 9 sections shown
s.art063 General restrictions on disclosure of information Prosecution
  • Unlawfully disclose confidential energy informationAny Person

Unlimited fine

8 other sections in this Part — procedural and definitional
s.art059 Designation of pipe-lines for purposes of common tariff
s.art060 Modification of gas licences: common tariff for conveyance of gas through designated pipe-lines
s.art061 Financial assistance for energy purposes
s.art062 Reasons for decisions
s.art064 Assignment of wayleaves
s.art065 Amendments, transitional and transitory provisions, savings and repeals
s.art066 Regulations, orders and directions
s.art067 Power to make transitional, consequential and saving provisions
Schedules

Schedules

2 of 40 shown
s.sch002 (1) If the Authority proposes to make an application for an order providing for activities... Regulated
Other duties (1) — Crown / regulator
  • UREGNI must consult before applying to make activities licensableStatutory regulator
s.sch004 (1) The Consumer Committee for Electricity shall provide the Council with such information or assistance... Regulated
Other duties (1) — Crown / regulator
  • Consumer Committee must provide information and assistance to the CouncilStatutory regulator
38 other schedules
s.sch001 (1) The Authority shall consist of— (a) a chairman; and (b) not fewer than three...
s.sch001 . . . . . . . . . . . . . . ....
s.sch001 (1) The Authority has power to do anything which is calculated to facilitate, or is...
s.sch001 . . . . . . . . . . . . . . ....
s.sch001 . . . . . . . . . . . . . . ....
s.sch001 (1) Subject to this Schedule, the chairman and other members shall hold and vacate office...
s.sch001 A person holding office as chairman or other member shall not— (a) carry out any...
s.sch001 (1) No person shall be appointed to hold office as chairman or other member for...
s.sch001 (1) The Authority shall pay to the chairman and other members such remuneration, and such...
s.sch001 The Authority may, with the approval of the Department of Finance and Personnel of Finance...
s.sch001 (1) The Authority may establish committees and any committee of the Authority may establish sub-committees....
s.sch001 (1) The Authority may regulate its own procedure (including quorum). (2) The Authority shall consult...
s.sch001 (1) The application of the seal of the Authority shall be authenticated by the signature...
s.sch001 (1) Anything authorised or required to be done by the Authority may be done by—...
s.sch002 (1) In this Schedule references to an order are to an order under Article 39...
s.sch002 (1) A reference to the CMA under this paragraph shall require the CMA to investigate...
s.sch002 (1) Every reference under paragraph 3 shall specify a period (not longer than six months...
s.sch002 (1) The following sections of Part 3 of the Enterprise...
s.sch002 (1) In making a report on a reference under paragraph 3, the CMA shall include...
s.sch002 (1) Before making an application for an order providing for activities to cease to be...
s.sch002 (1) If the Department proposes to make an order providing for activities to cease to...
s.sch004 Article 36 does not apply in relation to the modification of an electricity licence following...
s.sch004 Article 37 does not apply in relation to the modification of a gas licence following...
s.sch004 (1) Articles 42 to 44 and 51 (and the related repeals in Schedule 5) do...
s.sch004 The power of the Authority under Article 45(1) or (2) is not exercisable in respect...
s.sch004 Any consultation undertaken by the Department or the Director General of Gas for Northern Ireland...
s.sch004 (1) The Department after consultation with the Authority, or the Authority with the consent of...
s.sch004 (1) This paragraph applies to any provision of this Order which— (a) contains a reference...
s.sch004 (1) This paragraph applies to any provision of this Order which— (a) contains a reference...
s.sch004 (1) Until the commencement of section 186 of the Enterprise Act 2002 the reference to...
s.sch004 (1) If the period beginning with the day on which the Authority is established and...
s.sch004 (1) The Authority's first work programme required by Article 5(1) shall relate to the financial...
s.sch004 (1) After the abolition of the offices of Director General of Gas for Northern Ireland...
s.sch004 (1) This paragraph applies to any matter— (a) being investigated by the Director General of...
s.sch004 (1) This paragraph applies to any matter— (a) being investigated by the Director General of...
s.sch004 (1) This paragraph applies in relation to any licence which— (a) is granted under Article...
s.sch004 (1) This paragraph applies in relation to any licence granted under Article 10(1)(b) of the...
s.sch004 (1) This paragraph applies in relation to any licence granted under Article 8(1)(a) of the...

Help complying

Guvnor’s practical routes through this instrument.

Starting a regulated business in Northern Ireland

A guided learning path for businesses in Northern Ireland that operate in regulated sectors. Covers the three key NI-specific regulators — HSENI, …

Understanding UREGNI: utility regulation in Northern Ireland

How utility regulation works in Northern Ireland, where UREGNI (the Utility Regulator) oversees electricity, gas, and water as a single combined regulator. …
1 more guide that reference this instrument
Apply for an electricity or gas licence in Northern Ireland

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

The Renewables Obligation Order (Northern Ireland) 2009 SI 2009 Northern Ireland Statutory Rule

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.