ENERGY (MISCELLANEOUS PROVISIONS) ACT 2012

• Jurisdiction: Ireland
• Citation: IR No. 3/2012
• Year: 2012

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
• PDF unannotated

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Number 3 of 2012

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ENERGY (MISCELLANEOUS PROVISIONS) ACT 2012

REVISED

Updated to 1 January 2019

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This Revised Act is an administrative consolidation of the Energy (Miscellaneous Provisions) Act 2012. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Central Bank (National Claims Information Database) Act 2018 (42/2018), enacted 27 December 2018, and all statutory instruments up to and including Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (Commencement) Order 2019 (S.I. No. 1 of 2019), made 3 January 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 3 of 2012

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ENERGY (MISCELLANEOUS PROVISIONS) ACT 2012

REVISED

Updated to 1 January 2019

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1978, may be found in the Legislation Directory at www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• ESB (Electronic Communications Networks) Act 2014 (5/2014)

All Acts up to and including Central Bank (National Claims Information Database) Act 2018 (42/2018), enacted 27 December 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Energy (Miscellaneous Provisions) Act 2012 (Commencement) Order 2015 (S.I. No. 17 of 2015)

• European Union (Energy Efficiency Obligation Scheme) Regulations 2014 (S.I. No. 131 of 2014)

• Bord Gáis Éireann Subsidiary Companies (Dissolution) Order 2014 (S.I. No. 82 of 2014)

• Energy (Miscellaneous Provisions) Act 2012 (Sections 17, 18 and 19) (Commencement) Order 2013 (S.I. No. 20 of 2013)

• Energy (Miscellaneous Provisions) Act 2012 (Commencement) Order 2012 (S.I. No. 122 of 2012)

All statutory instruments up to and including Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (Commencement) Order 2019 (S.I. No. 1 of 2019), made 3 January 2019, were considered in the preparation of this revision.

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Number 3 of 2012

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ENERGY (MISCELLANEOUS PROVISIONS) ACT 2012

REVISED

Updated to 1 January 2019

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Acts Referred to

Companies Act 1963	1963, No. 33
Companies Acts
Data Protection Acts 1988 and 2003
Electricity (Supply) Act 1927	1927, No. 27
Electricity Regulation Act 1999	1999, No. 23
Electricity Supply Board (Superannuation) Act 1942	1942, No. 17
Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010	2010, No. 11
Energy (Miscellaneous Provisions) Act 1995	1995, No. 35
Energy (Miscellaneous Provisions) Act 2006	2006, No. 40
Gas (Interim) (Regulation) Act 2002	2002, No. 10
Gas Act 1976	1976, No. 30
National Oil Reserves Agency Act 2007	2007, No. 7
Petroleum (Exploration and Extraction) Safety Act 2010	2010, No. 4

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Number 3 of 2012

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ENERGY (MISCELLANEOUS PROVISIONS) ACT 2012

REVISED

Updated to 1 January 2019

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AN ACT TO PROVIDE FOR THE PENSION ENTITLEMENTS OF EMPLOYEES OF BORD GÁIS ÉIREANN WHO TRANSFER TO GASLINK AND OF EMPLOYEES OF THE ELECTRICITY SUPPLY BOARD WHO TRANSFER TO EIRGRID PLC AND ESB NETWORKS LTD., TO AMEND THE ENERGY (MISCELLANEOUS PROVISIONS) ACT 1995 AND THE ELECTRICITY REGULATION ACT 1999, TO PROVIDE FOR THE PROMOTION OF ENERGY EFFICIENCY, TO REPEAL CERTAIN PROVISIONS OF ACTS RELATING TO GAS OR ELECTRICITY AND TO PROVIDE FOR RELATED MATTERS.

[25th February, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

References to “Bord Gáis Éireann” and “The Irish Gas Board” construed (19.06.2014) by ESB (Electronic Communications Networks) Act 2014 (5/2014), s. 8(1),(2), S.I. No. 286 of 2014.

Change of name of Bord Gáis Éireann to Ervia

8. (1) The name of the body (established by section 7 of the Gas Act 1976 ) the present name of which is, in the Irish language, Bord Gáis Éireann and, in the English language, The Irish Gas Board, shall, on and from such day as the Minister appoints by order, be Ervia.

(2) References in any enactment, statutory instrument, legal proceedings or any other document to Bord Gáis Éireann or The Irish Gas Board shall, on and from the day appointed under subsection (1), be construed as references to Ervia.

PART 1

Preliminary and General

1.

Short title and commencement.

1.— (1) This Act may be cited as the Energy (Miscellaneous Provisions) Act 2012.

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

Annotations

Editorial Notes:

E1

Power pursuant to subs. (2) exercised (19.01.2015) by Energy (Miscellaneous Provisions) Act 2012 (Commencement) Order 2015 (S.I. No. 17 of 2015), art. 2.

2. The 30th day of January 2015 is appointed as the day on which section 17 (2)(f) of the Energy (Miscellaneous Provisions) Act 2012 (No. 3 of 2012) comes into operation.

E2

Power pursuant to subs. (2) exercised (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (Sections 17, 18 and 19) (Commencement) Order 2013 (S.I. No. 20 of 2013), art. 2.

2. The day appointed as the day on which sections 17 (other than subsection (2)(f)), 18 and 19 of the Energy (Miscellaneous Provisions) Act 2012 (No. 3 of 2012) come into operation is 24 January 2013.

E3

Power pursuant to subs. (2) exercised (16.04.2012) by Energy (Miscellaneous Provisions) Act 2012 (Commencement) Order 2012 (S.I. No. 122 of 2012), art. 2.

2. The 16th day of April 2012 is appointed as the day on which the Energy (Miscellaneous Provisions) Act 2012 (No. 3 of 2012), other than sections 17, 18 and 19, comes into operation.

2.

Definitions.

2.— In this Act—

“Act of 1999” means Electricity Regulation Act 1999;

“Act of 2002” means Gas (Interim) (Regulation) Act 2002;

“Act of 2006” means Energy (Miscellaneous Provisions) Act 2006;

“Act of 2010” means Petroleum (Exploration and Extraction) Safety Act 2010;

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

“Regulations of 2009” means European Communities (Energy End-use Efficiency and Energy Services) Regulations 2009 (S.I. No. 542 of 2009).

PART 2

Miscellaneous Amendments to Energy Acts

Chapter 1

Superannuation of transferred staff

3.

Amendment of Electricity Supply Board (Superannuation) Act 1942.

3.— (1) The Electricity Supply Board (Superannuation) Act 1942 is amended—

(a) in section 1, by inserting after the definition of “manual worker” the following:

“ ‘persons employed by the Board’, with the exceptions mentioned in this Act or in any superannuation scheme confirmed by the Minister, includes—

(a) any person—

(i) whose employment was transferred to EirGrid plc, under Regulation 14 of the Regulations of 2000,

(ii) who was, immediately before the transfer a member of a superannuation scheme, and

(iii) in respect of whom the transmission system operator has not notified the trustees under Regulation 17(10)(d) of the Regulations of 2000,

and

(b) any person serving in the Board on or before 1 January 2009—

(i) whose employment was transferred to ESB Networks Ltd. under the transfer plan or otherwise, and

(ii) who was, immediately before the transfer a member of a superannuation scheme;

‘ESB Networks Ltd.’ means the company formed pursuant to Regulation 3 of the European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008 (S.I. No. 280 of 2008) under the name of ESB Networks Ltd. or any company replacing it;

‘Regulations of 2000’ means European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000);

‘transfer plan’ means the plan prepared under Regulation 7 of the European Communities (Internal Market in Electricity) (Electricity...