European Communities (Internal Market in Electricity) Regulations, 2000

• Jurisdiction: Ireland
• Year: 2000
• Citation: IR SI 445/2000

Arrangement of Regulations
Regulation
PART 1 -Preliminary And General
1. Citation and commencement. 2. Interpretation. 3. Effective date.
PART 2 - Licences
4. Prohibition of unlicensed activity. 5. Licensing of transmission system operator. 6. Licensing of transmission system owner. 7. Licensing of distribution system operator.
PART 3 - Transmission System Operator
8. Functions of transmission system operator. 9. Independence of transmission system operator. 10. Transitional allocation of resources to transmission system operator. 11. Duty of non-discrimination by transmission system operator. 12. Non-disclosure of commercially sensitive information by transmission system operator. 13. Transfer scheme. 14. Transfer of staff of Board. 15. Transfer of assets. 16. Functions of Minister and Commission in relation to transfer scheme. 17. Superannuation scheme for transmission system operator. 18. Infrastructure agreement.
PART 4 - Transmission System Owner
19. Functions of transmission system owner. 20. Duty of non-discrimination by transmission system owner. 21. Non-disclosure of commercially sensitive information by transmission system owner.
PART 5 - Distribution System Operator
22. Establishment and functions of distribution system operator. 23. Duty of non-discrimination by distribution system operator. 24. Non-disclosure of commercially sensitive information by distribution system operator.
PART 6 - Grid Code and Distribution Code
25. Grid code and distribution code.
PART 7 - Public Service Obligations
26. Public service obligations.
PART 8 - Unbundling of Accounts
27. Unbundling of accounts of electricity undertakings.
PART 9 - General Provisions
28. General provisions. 29. Application of certain functions. 30. Compliance with directions of the Commission.
PART 10 - Miscellaneous Amendments to Act of 1999, etc.
31. Functions of Commission. 32. Licences to generate and supply electricity. 33. Construction of connections.
PART 11 - Establishment of Transmission System Operator Company
34. Formation of company. 35. Name and capital formation of company. 36. Form of memorandum of association. 37. Objects to be stated in memorandum. 38. Articles of association. 39. Restriction on alteration of memorandum or articles of association. 40. Issue of share to Minister for Finance. 41. Issue of share to Minister. 42. Issue of shares to subscribers to memorandum of association of company. 43. Exercise of powers by Minister for Finance in respect of shares. 44. Transfer by Minister for Finance of shares. 45. Obligation of certain shareholders to hold shares in trust. 46. Payment of dividends, etc., into Exchequer. 47. Accounts and audits. 48. Annual report and furnishing of information to Minister. 49. Prohibition on unauthorised disclosure of information. 50. Chief Executive. 51. Chairperson. 52. Chairperson's report. 53. Directors. 54. Terms and conditions of office of Chairperson and other directors. 55. Disclosure by directors of certain interests. 56. Disqualification of Directors. 57. Code of conduct. 58. Notification of certain interests to Minister. 59. Formation of subsidiaries. 60. Borrowings by EirGrid. 61. Capital expenditure by EirGrid.
SCHEDULE
Transfer Scheme
S.I. No. 445 of 2000
European Communities (Internal Market in Electricity) Regulations, 2000
I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by section 3 of the European Communities Act. 1972 (No. 27 of 1972), and for the purpose of giving further effect to Directive No. 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity1 , hereby make the following Regulations:
PART 1 - Preliminary and General
	Citation and commencement.	1. (1) These Regulations may be cited as the European Communities (Internal Market in Electricity) Regulations, 2000.
(2)(a) Regulations 1 to 3, 10, 13 to 18, 27, 28, 31, 32 and 34 to 61 and the Schedule shall come into operation on the making of these Regulations.
(b) Subject to paragraph (a) these Regulations shall have effect from the effective date.
	Interpretation.	2. (1) In these Regulations (including the Schedule), except where the context otherwise requires -
“Act of 1999” means the Electricity Regulation Act, 1999 (No. 23 of 1999) as amended by the Gas (Amendment) Act, 2000 (No. 26 of 2000);
“ancillary services” means all services necessary for the operation of a transmission or distribution system;
“associated or affiliated undertaking” means an associated undertaking or an affiliated undertaking within the meaning assigned by subparagraphs (b) and (a), respectively, of Regulation 27(6) but which is not a subsidiary;
“Board” means the Electricity Supply Board;
“Chief Executive” means the chief executive of EirGrid as provided for by Regulation 50;
“Commission” means the Commission for Electricity Regulation established by the Act of 1999;
“commercially sensitive information” means any matter the disclosure of which would materially prejudice the interests of any person;
“development plan” has the meaning assigned by Regulation 8(6)(a);
“Directive” means Directive No. 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity;
“distribution system operator” means the holder of a licence under section 14(1)(g) of the Act of 1999;
“effective date” has the meaning assigned by Regulation 3;
“EirGrid” means the company referred to in Regulation 34;
“function” includes a power and a duty, and a reference to the performance of a function includes a reference to the exercise of a power and the carrying out of a duty;
“infrastructure agreement” has the meaning assigned by Regulation 18;
“integrated electricity undertaking” has the meaning assigned by the Directive;
“interconnectors” means equipment used to link electricity systems of member states of the European Community;
“joint venture” means a joint venture within the meaning assigned by Regulation 32 of the European Communities (Companies: Group Accounts) Regulations, 1992;
“licence holder” means the holder of a licence under section 14 of the Act of 1999;
“Minister” means the Minister for Public Enterprise;
“subsidiary” has the meaning given to it in section 155 of the Companies Act, 1963 ;
“transfer scheme” means the scheme made or deemed to have been made under Regulation 13;
“transmission system operator” means the holder of a licence under section 14(1)(e) of the Act of 1999;
“transmission system owner” means the holder of a licence under section 14(1)(f) of the Act of 1999.
(2) (a) A word or expression that is used in these Regulations and is also used in the Act of 1999 has, unless the contrary intention appears, the same meaning in these Regulations as it has in that Act.
(b) Where a word or expression is given a meaning in the Act of 1999 or in these Regulations then, except where the context otherwise requires, any cognate word or expression used in these Regulations shall be construed accordingly.
(3) In these Regulations -
(a) a reference to a regulation is a reference to a regulation of these Regulations unless it is indicated that a reference to some other enactment is intended, and
(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
(4) A reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including these Regulations.
	Effective date.	3. (1) As soon as practicable after the making of these Regulations, the Minister shall, after consultation with the Commission, specify a date (in these Regulations referred to as the “effective date”).
(2) The effective date shall be a date-
(a) not later than 6 months after the making of these Regulations, or
(b) such later date as the Minister may agree to specify where the Commission has-
(i) requested the setting of a later date, and
(ii) set out its reasons in writing to the Minister why in its opinion a later date is considered necessary.
(3) As soon as practicable after specifying the effective date, the Minister shall cause to be published on the Iris Oifigiúil a notice stating that the Minister has specified a date for the purposes of these Regulations and stating what that date is.
PART 2 - Licences
	Prohibition of unlicensed activity.	4. (1) A person who-
(a) generates or supplies electricity,
(b) carries out functions of the transmission system operator specified in these Regulations.
(c) carries out functions of the transmission system owner specified in these Regulations, or
(d) carries out functions of the distribution system operator specified in these Regulations,
without being duly authorised to do so shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both.
(2) Summary proceedings for an offence under this Regulation may be brought and prosecuted by the...