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S.I. No. 238/2009 - Energy (Miscellaneous Provisions) Act 2006 (Section 13) (Commencement of Remaining Provisions) Order 2009

S.I. No. 238 of 2009

ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006 (SECTION 13) (COMMENCEMENT OF REMAINING PROVISIONS) ORDER 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd July, 2009.

I, EAMON RYAN, Minister for Communications, Energy and Natural Resources, in exercise of the powers conferred on me by section 1(2) of the Energy (Miscellaneous Provisions) Act 2006 (No. 40 of 2006) (as adapted by the Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 ( S.I. No. 706 of 2007 )), hereby order as follows:

1. This Order may be cited as the Energy (Miscellaneous Provisions) Act 2006 (Section 13) (Commencement of Remaining Provisions) Order 2009.

2. The 29th day of June 2009 is appointed as the day on which section 13 of the Energy (Miscellaneous Provisions) Act 2006 (No. 40 of 2006) comes into operation in so far as it relates to subsections (3) and (4) of section 9G (inserted by the said section 13 ) of the Electricity Regulation Act 1999 (No. 23 of 1999).

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GIVEN under my Official Seal,

29 June 2009

EAMON RYAN.

Minister for Communications, Energy and Natural Resources.

EXPLANATORY MEMORANDUM

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

This Order brings into operation on 29th June 2009, subsections (3) and (4) of section 13 of the Energy (Miscellaneous Provisions) Act 2006 . With effect from the 29th June 2009 the Commission for Energy Regulation (CER) may take a prosecution and the courts may impose penalties against persons not registered as gas installers who carry out designated gas works. Such gas works are defined by the Electricity Regulation Act 1999 (Gas Works) Regulations 2009 made by the CER and cover the installation, removal, repair, servicing, maintenance or replacement of a natural gas fitting covered by I.S. 813:2002 which is used or designed to be used by a domestic gas customer, or which is designed to be used by a domestic gas customer but which is installed in a commercial or an industrial premises.

Statutory Instrument No. 68 of 2008 commenced subsections (1) and (2) of section 13 of the 2006 Act.