Electricity Regulation (Amendment) (Single Electricity Market) Act 2007

Amendment of section 2 of Act of 1999.

3.— Section 2 of the Act of 1999 is amended—

(a) in subsection (1) by the insertion of the following definitions:

“ ‘Authority’ means Northern Ireland Authority for Utility Regulation;

‘Internal Market Regulations’ means the European Communities (Internal Market in Electricity) Regulations 2000 and 2005;

‘the Department’ means the Department of Enterprise, Trade and Investment in Northern Ireland;

‘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;

‘public electricity supplier’ means the holder of a licence under section 14(1)(h);

‘the SEM Committee’ means the committee referred to in Section 8A;

‘ SEM matter ’ shall be construed in accordance with section 8A(5);

‘the Single Electricity Market’ means the new arrangements in the State and Northern Ireland which are—

(a) described in the Memorandum of Understanding, and

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

‘Single Electricity Market operator’ means the holder of a licence under section 14(1)(j) or a person exempted from the requirement to hold such a licence;”,

and

(b) by the insertion of the following subsection after subsection (1):

“(1A) (a) Notwithstanding the definition of ‘Department’ in subsection (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’ in subsection (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.”.