Energy Act 2016

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PART 4

Miscellaneous Amendments to Act of 1999

Single Electricity Market: provision in respect of revised arrangements in the State and Northern Ireland

7. (1) In this section—

“authorisation”, “licence”, “Memorandum of Understanding” and “Single Electricity Market” have the same meanings, respectively, as in the Act of 1999;

“Electricity Market Regulation” means Regulation (EC) 714/2009 of the European Parliament and of the Council of 13 July 2009 ⁴ on conditions for access to the network for cross-border exchanges in electricity;

“interim period” means the period beginning with the day on which this section comes into operation and ending immediately before the coming into operation of section 8 ;

“revised arrangements in the State and Northern Ireland” 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.

(2) During the interim period section 9BA of the Act of 1999 shall have effect as if references to the Single Electricity Market included references to the revised arrangements in the State and Northern Ireland.

(3) (a) During the interim period the Commission for Energy Regulation may modify the conditions of a licence or authorisation where the Commission considers it necessary or expedient to do so—

(i) for the purpose of implementing, or facilitating the operation of, the revised arrangements in the State and Northern Ireland, or

(ii) in consequence of, or for giving full effect to, those arrangements.

(b) The power to modify the conditions of a licence or authorisation under this subsection includes the power to make incidental, consequential or transitional modifications.

(c) Where a licence or authorisation is modified under this subsection, sections 19 to 22 and 29 to 32 of the Act of 1999 shall apply in relation to any such modification.

(d) Sections 20(4)(a) and (9), 21(2)(a) and 22(3)(b) of the Act of 1999 shall, for the purposes of this subsection, have effect as if references to the Single Electricity Market included references to the revised arrangements in the State and Northern Ireland.

⁴OJ No. L211, 14.8.2009, p.15