IE-1999-act-23 — Electricity Regulation Act 1999 | Law Reform

PART I Preliminary And General 1. —(1) This Act may be cited as the Electricity Regulation Act, 1999 . (2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. 2. —(1) In this Act, except where the context otherwise requires— F1 [ "2019 ACER Regulation" means Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 2 establishing a European Agency for the Cooperation of Energy Regulators; ] F1 [ "2019 Internal Electricity Market Directive" means Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 3 on common rules for the internal market for electricity and amending Directive 2012/27/EU; "2019 Internal Electricity Market Regulation" means Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 2 on the internal electricity market; ] F2 [ "Agency" means the European Agency for the Cooperation of Energy Regulators established under the 2019 ACER Regulation; ] F3 [ "aggregation" means a function performed by a natural or legal person who combines multiple customer loads or generated electricity for sale, purchase or auction in any electricity market; ] F4 [ "aggregation" means a function performed by a natural or legal person who combines multiple customer loads or generated electricity for sale, purchase or auction in any electricity market; "ancillary service", in relation to electricity, means a service necessary for the operation of a transmission or distribution system, including balancing and non-frequency ancillary services, but not including congestion management; ] “authorisation” means an authorisation granted under section 16 ; “authorised officer” means a person appointed under section 11 to be an authorised officer; “Authority” means Northern Ireland Authority for Utility Regulation; F5 [ "balancing" means balancing as defined in point (10) of Article 2 of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity 3 ; "balancing energy" means balancing energy as defined in Article 2(11) of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity 3 ; ] “Board” means the Electricity Supply Board; F6 [ "citizen energy community" means a legal entity that — ( a ) is based on voluntary and open participation and is effectively controlled by members or shareholders that are natural persons, local authorities, including municipalities, or small enterprises, ( b ) has for its primary purpose to provide environmental, economic or social community benefits to its members or shareholders or to the local areas where it operates rather than to generate financial profits, and ( c ) may engage in generation, including from renewable sources, distribution, supply, consumption, aggregation, energy storage, energy efficiency services or charging services for electric vehicles or provide other energy services to its members or shareholders; ] F7 [ “ combined heat and power ” means the simultaneous generation in one process of — ( a ) thermal energy and electrical energy, ( b ) thermal energy and mechanical energy, or ( c ) thermal, electrical and mechanical energy; ] F8 [ “ Commission ” means the Commission for Energy Regulation; ] F9 [ "congestion", in relation to electricity, means congestion as defined in Article 2 F10 [ (4) ] of Regulation (EU) 2019/9433 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity; "demand response" means the change of electricity load by final customers from their normal or current consumption patterns in response to market signals, including in response to time-variable electricity prices or incentive payments, or in response to the acceptance of the final customer’s bid to sell demand reduction or increase at a price in an organised market as defined in Article 2(4) of Commission Implementing Regulation (EU) No 1348/2014 2 , whether alone or through aggregation; ] F11 [ “ the Department ” means the Department of Enterprise, Trade and Investment in Northern Ireland; ] “direct line”, in relation to electricity, means an electric line which is used or is to be used to carry electricity for the purpose of supply and the construction of which line is permitted under section 37 ; “distribution”, in relation to electricity, means the transport of electricity by means of a distribution system, that is to say, a system which consists of electric lines, electric plant, transformers and switchgear and which is used for conveying electricity to final customers; “distribution code” means a code in respect of all technical aspects relating to connection to and operation of the distribution system prepared by F12 [ the distribution system operator ] under section 33 ; F13 [ “ distribution system operator ” means the holder of a licence under section 14(1)( g ) ; ] F14 [ “ economically justifiable demand ” means the demand that does not exceed the needs for heat or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration; ] F15 [ "electricity derivative" means a financial instrument specified in point 5, 6 or 7 of Section C of Annex I to Directive 2014/65/EU 4 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU4 , where that instrument relates to electricity; ] F16 [ “ Electricity Market Directive” F17 [ means Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the Internal market for electricity and amending Directive 2012/27/EU 3 ; ] ] F16 [ “Electricity Market Regulation” means F18 [ Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal electricity market; ] ] F14 [ “ electricity production from combined heat and power ” means electricity produced from combined heat and power calculated in accordance with section 7 ; ] F19 [ “ electricity supply contract ” means a contract for the supply of electricity, but does not include an electricity derivative; ] F20 [ "electricity undertaking" means any person engaged in generation, transmission, distribution, aggregation, demand response, energy storage, supply or purchase of electricity, and who is responsible for the commercial, technical or maintenance tasks related to those functions, including a holder of a licence or authorisation under this Act or a person who has been granted a permit under section 37 of the Principal Act, but does not include final customers; ] F21 [ “ electric line “ has the meaning assigned to it by section 4(1) of the ESB (Electronic Communications Networks) Act 2014; ] “electric plant” means any plant, apparatus or appliance used for, or for purposes connected with, the generation, transmission, distribution or supply of electricity, other than— ( a ) an electric line, ( b ) a meter used for ascertaining the quantity of electricity supplied to any premises, or ( c ) an electrical appliance under the control of a consumer; F22 [ "energy storage" means, in the electricity system, deferring the final use of electricity to a moment later than when it was generated, or the conversion of electrical energy into a form of energy which can be stored, the storing of such energy, and the subsequent reconversion of such energy into electrical energy or use as another energy carrier; ] F23 [ "energy storage facility" means, in the electricity system, a facility where energy storage occurs; ] F24 [ “ energy undertaking ” means an electricity undertaking or a natural gas undertaking; ] F1 [ "ENTSO for Electricity" means the European Network of Transmission System Operators for Electricity referred to in Article 28 of the 2019 Internal Electricity Market Regulation; ] “establishment day” means the day appointed under section 8 ; F1 [ "EU DSO entity" means the European Entity for Distribution System Operators referred to in Article 52 of the 2019 Internal Electricity Market Regulation; ] F25 [ "final customer" means a customer who purchases electricity for own use; ] “forecast statement” has the meaning assigned to it by section 38 ; “functions” includes powers and duties; F26 [ “ gas installer ” means LPG installer or natural gas installer, as the case may be; ] “generate”, in relation to electricity, means to produce electricity; “generating station” means a station for the generation of electricity; “grid code” means a code in respect of all technical aspects relating to connection to and operation of the transmission system prepared by F27 [ the transmission system operator ] under section 33 ; F1 [ "guidelines", in relation to electricity, means guidelines adopted pursuant to Article 61 of the 2019 Internal Electricity Market Regulation; ] F14 [ “ high efficiency combined heat and power ” means combined heat and power production which on an annual basis — ( a ) in the case of small scale combined heat and power and micro-combined heat and power, achieves primary energy savings calculated in accordance with paragraphs 3 and 4 of Schedule 3 , and ( b ) in the case of all other combined heat and power, achieves primary energy savings calculated in accordance with paragraphs 3 and 4 of Schedule 3 of at least 10 per cent compared with the references for separate production of heat and electricity; ] F28 [ "household customer" means a customer who purchases electricity for the customer’s own household consumption, excluding commercial or professional activities; ] F29 [ "interconnector" means equipment used to link electricity systems; ] F30 [ “ Internal Market Regulations ” means the European Communities (Internal Market in Electricity) Regulations 2000 and 2005; ] “licence” means a licence issued under section 14 ; F16 [ “linepack” means the storage of gas by compression in gas transmission and distribution systems, but not including facilities reserved for transmission system operators carrying out their functions; ] F26 [ “ LPG ” means liquefied petroleum gas; ] F26 [ “ LPG fitting ” means any non-portable appliance, apparatus or other thing including associated pipework and flueing which is used or designed to be used by — ( a ) a domestic customer, or ] F26 [ ( b ) such class or classes of industrial or commercial customer as the Commission may specify from time to time, in connection with the consumption or use of LPG; ] in connection with the consumption or use of LPG; F31 [ “ LPG incident ” means an event or occurrence of a class prescribed by regulations made by the Commission under section 9JG; “ LPG safety licence ” means a licence granted under section 9JE; “ LPG undertaking ” means any person who imports LPG or purchases LPG directly from a refinery within the State and makes LPG available to individual domestic or commercial final customers by way of LPG cylinder, bulk tank or via a piped LPG distribution network; ] F32 [ "market participant", in the context of electricity, means a market participant as defined in point 25 of Article 2 of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity 3 ; ] F11 [ “ 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; ] F14 [ “ micro-combined heat and power unit ” means a combined heat and power unit with a maximum capacity of less than 50 kWe; ] F33 [ “ Minister ” means Minister for Communications, Energy and Natural Resources; ] F16 [ “natural gas exchange” means a virtual trading location for the purchase and sale of natural gas; ] F34 [ “ natural gas fitting ” means any appliance, apparatus or other thing including associated pipework and flueing which is used or designed to be used by — ( a ) a domestic customer, or ( b ) such class or classes of industrial or commercial customer as the Commission may specify from time to time, in connection with the consumption or use of natural gas whether the appliance, apparatus or thing is the property of a natural gas undertaking or otherwise; ] F35 [ “ natural gas infrastructure ” means any pipeline, facility, structure or installation which is or has been established, maintained or operated, for the purpose of the supply, storage, transmission, distribution and use of natural gas under a natural gas licence; ] F36 [ "Natural Gas Market Directive" means Directive 2009/73/EC of the European Parliament and Council of 13 July 2009 2 as amended by Directive (EU) 2019/692 of the European Parliament and of the Council of 17 April 2019 1 ; ] F16 [ “Natural Gas Market Regulation” means Regulation (EC) 715/2009 of the European Parliament and of the Council of 13 July 2009; ] F24 [ “ natural gas undertaking ” means a person engaged in the transmission, distribution, supply or storage of natural gas, including any holder of a licence or a consent under this Act, or any person who has been granted a licence or given a consent under the Gas Acts, 1976 to 2002, ] F1 [ "network codes", in relation to electricity, means network codes established pursuant to Article 59 of the 2019 Internal Electricity Market Regulation; "non-frequency ancillary service", in in relation to electricity, means a service used by a transmission system operator or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current, black start capability and island operation capability; ] F37 [ "offshore" has the meaning assigned to it by section 13A ; ] F38 [ “ petroleum undertaking ” has the meaning given to it by section 13A(1) ; ] F39 [ “ piped LPG distribution network ” means a pipeline system connected to a central storage bulk tank or LPG cylinder but not including a bulk tank or LPG cylinder as the case may be, and includes pipework above and below ground and all other equipment necessary upstream of the point of delivery and downstream of the emergency control valve, supplying gas to two or more customers; ] “prescribe” means to prescribe by regulations made by the Minister or the Commission under this Act and cognate words shall be construed accordingly; “Principal Act” means the Electricity (Supply) Act, 1927 ; F11 [ “ public electricity supplier ” means the holder of a licence under section 14(1) ( h ); ] F40 [ "recharging point" means an interface that is capable of charging one electric vehicle at a time or exchanging the battery of one electric vehicle at a time; ] “record” means any book, document or any other written or printed material in any form including any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form; F1 [ "regional coordination centre" means a regional coordination centre established pursuant to Article 35 of the 2019 Internal Electricity Market Regulation; ] “renewable, sustainable or alternative forms of energy” means energy used in the production of electricity which uses as its primary source one or a combination of more than one of the following— ( a ) wind, ( b ) hydro, ( c ) biomass, ( d ) waste, including waste heat, ( e ) biofuel, ( f ) geothermal, ( g ) fuel cells, ( h ) tidal, ( i ) solar, ( j ) wave; F41 [ ( k ) ambient energy. ] F11 [ “ the SEM Committee ” means the committee referred to in Section 8A ; ] F11 [ “ SEM matter ” shall be construed in accordance with section 8A(5) ; ] F42 [ "the Single Electricity Market" 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; ] F11 [ “ 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; ] “single premises” means one or more buildings or structures, occupied and used by a person, where each building or structure is adjacent to, or contiguous with, the other building or structure; F14 [ “ small scale combined heat and power ” means combined heat and power units with an installed capacity greater than 50 kWe and less than 1 MWe; ] “supply”, in relation to electricity, means supply through electric lines to final customers for consumption; F1 [ "system operation region" means the system operation region to be approved by the Agency pursuant to Article 36 of the 2019 Internal Electricity Market Regulation; ] “transmission”, F43 [ subject to section 2A , ] in relation to electricity, means the transport of electricity by means of a transmission system, F44 [ “in the State or offshore, or both, ] that is to say, a system which consists, wholly or mainly, of high voltage lines and electric plant and which is used for conveying electricity from a generating station to a substation, from one generating station to another, from one substation to another or to or from any interconnector or to final customers but shall not include any such lines which the Board may, from time to time, with the approval of the Commission, specify as being part of the distribution system but shall include any interconnector owned by the Board. F13 [ “ transmission system operator ” means the holder of a licence under section 14(1)( e ) ; ] F1 [ "Union wide network development plan" means the plan adopted pursuant to Article 30(1)( b ) of the 2019 Internal Electricity Market Regulation; ] F14 [ “ useful heat ” means heat produced in a cogeneration process to satisfy an economically justifiable demand for heat or cooling; ] F45 [ “ wholesale customer ” means a natural or legal person purchasing electricity for the purpose of resale inside or outside the system where he or she is established. ] F11 [ (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. ] (2) In this Act— ( a ) a reference to a section or Schedule is a reference to a section of or Schedule to this Act unless it is indicated that a reference to some other enactment is intended, ( b ) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and ( c ) a reference to the performance of functions includes with respect to powers and duties, a reference to the exercise of powers and the carrying out of duties. (3) 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 this Act. (4) The Minister may from time to time by order amend the definition of renewable, sustainable or alternative sources of energy by the addition of further renewable, sustainable or alternative sources of energy. 2A. — (1) An interconnector owned by the Board shall be part of the transmission system. (2) Subject to subsection (3) an interconnector owned by a person other than the Board shall not be part of the transmission system. F47 [ (3) Notwithstanding subsection (2) — ( a ) an interconnector owned by a person other than the Board — (i) shall, where subsection (4) applies, and (ii) may, where the Commission determines that it is in the public interest, be considered to be part of the transmission system for the purposes of calculating charges and imposing charges for use of the transmission system, and ( b ) an interconnector owned by the transmission system operator shall be regarded as part of the transmission system for the purposes of the functions of the transmission system operator. (4) For the purpose of subsection (3)( a ) , an interconnector constructed pursuant to section 16A shall be deemed to be in the public interest. ] ] 3. —Every order, other than orders under section 1 (2) or section 27 (6) , or regulations made by the Minister, in the case of orders or regulations made by the Minister, or by the Commission, in the case of orders or regulations made by the Commission, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. F48 [ 4. — (1) Any notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways: ( a ) by addressing it to the person by name and delivering it to him or her; ( b ) by leaving it at the address at which the person ordinarily resides or carries on any profession, business or occupation; ( c ) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides or carries on any profession, business or occupation; ( d ) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address; ( e ) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the addressee concerned carries on any profession, business or occupation or, if an address for the service of a notice has been furnished by the energy undertaking concerned, that address, but only if — (i) the recipient ’ s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or (ii) the sender ’ s facsimile machine generates a message confirming successful delivery of the total number of pages of the notice, and it is also given in one of the other ways mentioned in any of the preceding paragraphs; ( f ) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises. (2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to “ the occupier ” , “ the owner ” or “ the person in charge ” , as the case may be. (3) For the purposes of this section, a company within the meaning of the Companies Acts or the Companies Act 2014 , shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. (4) For the purpose of this section, an EEA company within the meaning of Part 21 of the Companies Act 2014 that establishes a branch in the State shall be deemed to be ordinarily resident at the address of the branch notified under section 1302 of that Act. (5) A person shall not at any time during the period of 3 months after a notice is affixed under subsection (1)( f ) remove, damage or deface the notice without lawful authority and a person who contravenes this subsection commits an offence. (6) A person who commits an offence under subsection (5) is liable on summary conviction to a class A fine. ] 5. —(1) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. (2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. 6. —(1) Summary proceedings for offences F49 [ under this Act and under sections 40D to I of the Gas Act 1976 ] may be brought and prosecuted by the Commission. (2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within F50 [ 2 years ] from the date of the offence. F51 [ (3) Proceedings for an offence under Part IIA of this Act committed in any part of — ( a ) the licensed area (within the meaning of section 13A) to which subparagraph (i) or (ii) , or both, of paragraph ( a ) of the definition of “ licensed area ” relates, or ( b ) a designated area, may be taken, and the offence may for all incidental purposes be treated, as having been committed in any place in the State. ] F52 [ (4) Where a person is convicted of an offence in proceedings brought by the Commission the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Commission the costs and expenses, measured by the court, incurred by the Commission in relation to the investigation, detection and prosecution of the offence. (5) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence in proceedings brought by the Commission, it shall, on the application of the Commission (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Commission. ] 7. — (1) Electricity production from combined heat and power shall be calculated in accordance with paragraphs 1 and 2 of Schedule 3 . (2) The Minister may by order appoint a person to calculate and certify the actual power to heat ratios of such classes of combined heat and power units as are specified in the order, and such person shall have such powers and duties as are specified in the order. (3) A person appointed under subsection (2) shall calculate the actual power to heat ratios of combined heat and power units in accordance with this Act and the Directive. F54 [ (4) The Minister may by order specify power-to-heat ratio default values for any technology or technologies which satisfy the definition of combined heat and power, provided that — ( a ) in respect of the technologies referred to in paragraphs ( a ) to ( e ) of Part II of Annex I to the Directive, such default values shall be consistent with those specified in paragraph ( b ) of that Annex, and ( b ) in respect of technologies other than those referred to in paragraph ( a ) of this subsection, such default values shall be notified to the European Commission. ] (5) The relative amount of primary energy savings provided by combined heat and power production shall be calculated in accordance with paragraphs 3 and 4 of Schedule 3 . (6) F55 [ … ] (7) F55 [ … ] (8) The Minister may by order amend or revoke an order made under this section including an order made under this subsection. (9) The provisions of this section and Schedule 3 apply to installations or generating stations whether first licensed before or after the coming into operation of section 6 of the Energy (Miscellaneous Provisions) Act 2006. F56 [ (10) In this section “ Directive ” means Directive 2012/27/EU of the European Parliament and of the Council of 25 October 20121. ] ] PART II Establishment of Commission for Electricity Regulation 8. —(1) The Minister shall by order appoint a day to be the establishment day for the purposes of this Act. (2) There shall stand established on the establishment day a body to be known in the Irish language as An Coimisiún um Rialáil Leictreachais or in the English language as the Commission for Electricity Regulation and in this Act referred to as the “Commission” to perform the functions conferred on it by this Act. (3) F57 [ Schedule 1 ] shall apply to the Commission. (4) The Commission shall be a body corporate with perpetual succession and a common seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property. (5) The seal of the Commission shall be authenticated by the signature of the chairperson of the Commission, or by the signatures of any other member of the Commission and a member of the staff of the Commission authorised by the Commission to act in that behalf. (6) Judicial notice shall be taken of the seal of the Commission and every document purporting to be an instrument made by and to be sealed with the seal of the Commission (purporting to be authenticated in accordance with this section) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown. 8A. — (1) There shall be a committee of the Commission to be known as the Single Electricity Market Committee or as the SEM Committee. (2) The SEM Committee shall comprise such members as stand appointed to it from time to time. (3) Schedule 1A applies to the SEM Committee. (4) Any decision as to the exercise of a relevant function of the Commission in relation to a SEM matter shall be taken on behalf of the Commission by the SEM Committee. (5) For the purposes of this Act a matter is a SEM matter if the SEM Committee determines that the exercise of a relevant function of the Commission in relation to that matter materially affects, or is likely materially to affect, the Single Electricity Market. (6) For the purposes of this section “ relevant function ” means — ( a ) a function under this Act relating to electricity, ( b ) a function under the Internal Market Regulations. ] 8B. — (1) The Commission shall publish a statement — ( a ) setting out the procedures and working arrangements adopted by the Commission for ensuring compliance with section 8A(4) , and ( b ) describing how the Commission will work together with the Authority in the exercise of their respective statutory functions in relation to the Single Electricity Market. (2) A statement under this section may be amended from time to time and the Commission shall as soon as practicable thereafter publish the statement as so amended. ] 9. —(1) The Commission shall have the following functions, namely— ( a ) to publish, pursuant to a policy direction or directions of the Minister, which shall be made publicly available when given to the Commission, proposals for a system of contracts and other arrangements, including appropriate rights and obligations, for trading in electricity, ( b ) to engage in a public consultation process on the procedures to be adopted by the Commission to implement the proposals drawn up under paragraph ( a ) , ( c ) to advise the Minister on the impact of electricity generation in relation to sustainability, and international agreements on the environment to which the State is or becomes a party, ( d ) following the public consultation process referred to in paragraph ( b ) and taking account of matters raised in the public consultation process, to make regulations, subject to the consent of the Minister, establishing a system of trading in electricity, including the supervision and review of such a system by the Commission, F60 [ … ] F61 [ ( da ) to monitor the level and effectiveness of market opening and the development of competition in the supply of electricity and gas to final customers, which shall include but is not limited to monitoring — (i) final tariffs charged to domestic customers including those on prepayment systems, (ii) rates of customer switching between licensed electricity and gas suppliers, (iii) disconnection and de-energisation rates, (iv) charges for, and the execution of, maintenance services, (v) complaints by domestic customers, (vi) any distortion or restriction of competition in the supply of electricity and gas to final customers, (vii) whether the development and operation of competition in the supply of electricity and gas is benefitting final F62 [ customers, ] (viii) the level of market opening and of competition on natural gas exchanges, F63 [ (ix) the impact of dynamic price contracts and of the use of smart metering systems, (x) the relationship between household and wholesale prices, (xi) the evolution of grid tariffs and levies, (xii) the availability of comparison tools that meet the requirements set out in Article 14 of the 2019 Internal Electricity Market Directive, and (xiii) the removal of unjustified obstacles to and restrictions on the development of consumption of self-generated electricity and citizen energy communities, (xiii) the removal of unjustified obstacles to and restrictions on the development of consumption of self-generated electricity and citizen energy communities, ] ( db ) to take any actions which the Commission, on foot of the monitoring in paragraph (da) , has determined to be necessary in order to — (i) prevent a distortion or restriction of competition in the supply of electricity and gas to final customers, or (ii) ensure that final customers are benefiting from competition in the supply of electricity and gas, F64 [ ( dc ) where the Commission determines it to be necessary under paragraph (db) , to — (i) examine the charges and the costs underlying such charges for electricity which have been supplied by the Board, (ii) examine any proposal by the Board to alter charges for the supply of electricity, (iii) examine the charges and the costs underlying such charges for natural gas which have been supplied in accordance with the licence granted to Bord G á is Energy or its assignees, (iv) examine any proposal by Bord G á is Energy or its assignees to alter charges for the supply of natural gas, (v) issue directions or approvals to the Board or Bord G á is Energy or its assignees, in relation to either or both the nature or the amount of any charge or proposed charge for the supply of electricity or natural gas as relevant, to such class or classes of final customers as the Commission may specify, and (vi) publish a notice on the Commission ’ s website of any directions or approvals issued under subparagraph (v) stating the nature of the direction and the reasons for it, ] ] F65 [ ( dd ) to advise the Minister or other relevant persons on and publish at least annually — (i) any relevant information arising from the monitoring in paragraph (da) , (ii) any determination made by the Commission under paragraph (db) , and (iii) any action which the Commission has taken or intends to take under paragraphs (db) and (dc) and on the outcomes or intended outcomes of such actions, ( de ) to ensure such arrangements are in place, as the Commission deems appropriate, which have the effect of securing the extent to which each generating station, group of generating stations or all generating stations, owned by the Board, supplies electricity to or is supplied with electricity by, either or both, the public electricity supplier, suppliers and generators licensed under section 14(1) , ( df ) to examine charges, and the costs underlying such charges, or any proposal to alter such charges, as the Commission deems appropriate, for electricity supplied from each generating station, group of generating stations or all generating stations, owned by the Board, to the public electricity supplier, suppliers and generators licensed under section 14(1) , ( dg ) following an examination under paragraph (df) and where the Commission considers it necessary, to issue directions or approvals to the Board in relation to either or both the nature and the amount of any charge or proposed charge referred to in paragraph (df) , ( dh ) F66 [ … ] ( di ) F66 [ … ] ] F67 [ ( dj ) to publish recommendations, at least annually, in relation to compliance of supply prices with Article 3 of the Natural Gas Market Directive and F62 [ Article 5 of the 2019 Internal Electricity Market Directive ] , ( dk ) to monitor the implementation of rules relating to the roles and responsibilities of transmission system operators, distribution system operators, suppliers and customers and other market parties pursuant to the F62 [ 2019 Internal Electricity Market Regulation ] and the Natural Gas Market Regulation, ( dl ) to respect contractual freedom with regard to interruptible supply contracts as well as with regard to long-term contracts provided that they are compatible with European Union law and consistent with European Union policies, ( dm ) to monitor the occurrence of restrictive contractual practices, including exclusivity clauses which may prevent F68 [ … ] customers from contracting simultaneously with more than one supplier or restrict their choice to do so and, where appropriate, to inform the Competition Authority of such practices, F69 [ ( dn ) where applicable, to monitor technical cooperation between electricity transmission system operators and third-country electricity transmission system operators, and ( do ) to review and approve, as appropriate, the criteria determined by the electricity transmission system operator to underpin the dispatch of generation installations and the use of interconnectors and such criteria shall — (i) be objective, published, applied in a non-discriminatory matter, and be without prejudice to the supply of electricity on the basis of existing contractual obligations ensuring the proper functioning of the internal market in electricity, and (ii) take into account the economic precedence of electricity from available generation installations or interconnector transfers and the technical constraints on the system, ] ] F70 [ ( dp ) to monitor and assess the performance of transmission system operators and distribution system operators in relation to the development of a smart grid that promotes energy efficiency and the integration of energy from renewable sources, based on a limited set of indicators, and publish a national report every two years, including recommendations, ( dq ) to contribute to the compatibility of data exchange processes for the most important market processes at regional level, ( dr ) to cooperate, where appropriate with the Competition and Consumer Protection Commission, other regulatory bodies and the European Commission, as necessary, when conducting an investigation relating to competition law, ] F71 [ ( e ) to advise the Minister on the development of the electricity and gas industries and on the exercise of the functions of the Minister under this F72 [ Act, ] ] F73 [ ( ea ) to regulate the activities of natural gas undertakings, holders of LPG safety licences for the purposes of making LPG available via a piped LPG distribution network and natural gas installers, with respect to safety, ( eb ) to promote the safety of — (i) natural gas customers and the public generally as respects the supply, storage, transmission, distribution and use of natural gas (excluding such activities carried out at upstream pipelines or facilities except where such pipeline or facility is engaged in the storage of natural gas), and (ii) LPG customers and the public generally as respects the supply and use of LPG, ] F74 [ ( ec ) to consult with The National Standards Authority of Ireland regarding standards and specifications relating to F75 [ gas safety, ] ] F76 [ ( ed ) to regulate the activities of LPG installers with respect to safety, ] F77 [ ( f ) to contribute to the development of the internal market and to the development of compatible regulatory frameworks between regions of the European Union, by engaging, co-operating and consulting with other national regulatory authorities, the Agency and with the European Commission in regard to cross-border issues F78 [ , F79 [ in particular through participation in the work of the Agency’s Board of Regulators pursuant to Article 21 of the 2019 ACER Regulation ] and in respect of infrastructure to and from a third country, to co-operate with the relevant authorities of the third country, after consulting the regulatory authorities of other Member States, aiming at, as regards such infrastructure, consistent application of the Natural Gas Market Directive in the territory of the European Union ] , ( fa ) to share information, as necessary for the fulfilment of its functions, with other national regulatory authorities and the Agency F80 [ and, in particular, to share information within the Agency ] , F81 [ ( faa ) to ensure that any information obtained from another regulatory authority in regard to a cross-border issue under the Natural Gas Market Directive, the Natural Gas Market Regulation, the F16 [ 2019 Internal Electricity Market Directive ] or the Electricity Market Regulation is treated confidentially to the same extent that is required of the other regulatory authority, ] ( fb ) to co-operate with other regulatory authorities, at least at a regional level, to — (i) foster the creation of operational arrangements in order to enable optimal management of the electricity and gas networks, (ii) promote joint electricity and gas exchanges and the allocation of cross-border capacity, (iii) co-ordinate the development of network codes F80 [ and guidelines ] for electricity and gas transmission system operators and electricity and gas undertakings, (iv) develop rules on access to cross border infrastructure including allocation of capacity and congestion management F79 [ except where the Agency is competent to fix and approve the terms and conditions or methodologies for the implementation of network codes and guidelines under Chapter VII of the 2019 Internal Electricity Market Regulation pursuant to Article 5(2) of the 2019 ACER Regulation because of their coordinated nature ] , (v) foster operational arrangements to enable an adequate level of interconnection capacity within the region and between regions to allow the development of effective competition and improvement of security of supply, (vi) foster non-discriminatory operational arrangements in regard to supply undertakings, F16 [ … ] (vii) contribute to safeguarding secure electricity and gas supplies on the internal market by co-operating with, and keeping other national regulatory authorities informed of any co-operation measure which the Commission takes pursuant to this section. Such cooperation shall cover situations resulting or likely to result in the short-term in a severe disruption of supply and shall include — (I) co-ordination of national emergency measures referred to in Article 8 of Directive 2004/67/EC of 26 April 2004 of the European Parliament and of the Council 5 , (II) identification and, where necessary, development or upgrading of electricity and natural gas interconnections, and (III) conditions and practical procedures for mutual F16 [ assistance, and ] F80 [ (viii) coordinate the joint oversight of entities performing functions at regional level, and (ix) coordinate, in cooperation with other involved authorities, the joint oversight of national, regional and European resource adequacy assessments, ] F84 [ ( fb )( a ) to publish the rules referred to in section 9(1)(fb)(iv) ] F78 [ ( fbb ) to consult and co-operate with the relevant authorities of third countries in relation to the operation of gas infrastructure to and from third countries with a view to ensuring, as regards the infrastructure concerned, that the Natural Gas Market Directive is applied consistently in the territory and territorial seas of the State, ] ( fc ) to engage with transmission system operators in order to — (i) promote and facilitate co-operation between transmission system operators at a regional level on cross-border issues, (ii) foster the consistency of legal, regulatory and technical frameworks, (iii) facilitate the integration of isolated systems forming electricity and gas islands in the European Union, and (iv) create competitive internal electricity and gas markets, ( fd ) to ensure that electricity and gas transmission system operators have one or more integrated systems at regional level covering 2 or more Member States for capacity allocation and for checking the security of the network, ] F79 [ ( fda ) to ensure that transmission system operators make available interconnector capacities to the utmost extent pursuant to Article 16 of the 2019 Internal Electricity Market Regulation, ] F85 [ ( fe ) to request the opinion of the Agency on the compliance of a decision, taken by another regulatory authority on a cross border trade issue, with F86 [ network codes and ] guidelines referred to in the Natural Gas Market Regulation, the Natural Gas Market Directive, the F16 [ 2019 Internal Electricity Market Directive ] or the Electricity Market Directive, ( ff ) where it considers that a decision relevant for cross-border trade taken by another regulatory authority does not comply with the F86 [ network codes or ] guidelines referred to in paragraph (fe) , to, if it considers it necessary, inform the European Commission within 2 months of the taking of the decision by that other regulatory authority, ( fg ) where, following a request to the Agency by another regulatory authority in regard to a decision made by the Commission on a cross-border trade issue, the European Commission has requested the Commission to withdraw its decision, to comply with any such decision within a period of 2 months and to inform the European Commission accordingly, ] F88 [ ( g ) to grant, monitor the performance of, modify, revoke and enforce licences and authorisations pursuant to this Act, ( h ) to publish information and advice and settle disputes in accordance with the provisions of this Act, ( i ) to carry out the role assigned to it by section 39, F89 [ … ] F90 [ ( j ) to comply with and implement relevant legally binding decisions of the Agency and of the European Commission, ] ] F91 [ ( k ) to collect and recover the carbon revenue levy (within the meaning of section 40D ) under F92 [ Part VIB , ] ] F93 [ (ka) to act as the competent authority for the purposes of European Communities (Geological Storage of Carbon Dioxide) Regulations 2011 and 2014, ] F94 [ F95 [ ( l ) to ensure compliance by electricity and gas undertakings, including transmission system operators, distribution system operators and system owners, and other market participants, with their obligations under the Natural Gas Market Directive, the 2019 Internal Electricity Market Directive, the 2019 Internal Electricity Market Regulation, the network codes and the guidelines adopted pursuant to Articles 59, 60 and 61 of the 2019 Internal Electricity Market Regulation, and other relevant law of the European Union, including as regards cross-border issues, as well as with decisions of the Agency, in accordance with their statutory functions, ] F96 [ ( la ) in close cooperation with the other regulatory authorities, to ensure the compliance of the ENTSO for Electricity and the EU DSO entity with their obligations under the 2019 Internal Electricity Market Directive, the 2019 Internal Electricity Market Regulation, the network codes and guidelines adopted pursuant to Articles 59, 60 and 61 of the 2019 Internal Electricity Market Regulation, and other relevant law of the European Union, including as regards cross-border issues, as well as with the Agency’s decisions, and jointly identify any failure of the ENTSO for Electricity and the EU DSO entity to comply with their respective obligations, ( lb ) where the Commission has not been able to reach an agreement (with the other regulatory authorities), within a period of 4 months after the start of consultations, on the matter of whether a failure to comply, as referred to in paragraph (la) , has occurred or as to the extent of any such failure, to refer, jointly with those other authorities, the matter to the Agency for a decision, pursuant to Article 6(10) of the 2019 ACER Regulation, (lc ) to implement the network codes and guidelines adopted pursuant to Articles 59, 60 and 61 of the 2019 Internal Electricity Market Regulation through national measures or, where so required, coordinated regional or Union-wide measures, ] F97 [ ( m ) to carry out investigations into the functioning of the electricity and gas markets, ( n ) to decide upon and impose effective and proportionate measures to promote effective competition, ( o ) to have regard to the benefits of developing demand-side participation in electricity markets, including through energy efficiency, demand-response, distributed generation, energy storage and the use of digital technologies, ( p ) to have regard to the facilitation of consumers to provide, consume and trade electricity that they have generated, ( q ) to have regard to the need to provide for flexibility in the trading of electricity to facilitate trading close to real time in order to better integrate renewable electricity and provide accurate price signals to the market, ( r ) to have regard to the use of energy storage technologies in participating in the balancing of electricity demand and supply, F68 [ … ] ( s ) to have regard to the need to ensure that grid connection policy takes account of renewable energy policy, including any such policy in relation to community energy F98 [ projects, ] ] ] F99 [ ( t ) to approve products and procurement process for non-frequency ancillary F100 [ services, ] ( u ) to require any information from electricity undertakings relevant for the fulfilment of its tasks, including the justification for any refusal to grant third-party access, and any information on measures necessary to reinforce the F101 [ network, ] ] F103 [ (v) to ensure a level playing field where electricity undertakings are subject to transparent, proportionate and non-discriminatory rules, fees and treatment, in particular with respect to — (i) balancing responsibility, (ii) access to wholesale markets, (iii) access to data, (iv) switching processes and billing regimes, and (v) where applicable, F104 [ licensing, ] (w) to ensure that market participants from third countries, when operating within the internal market for electricity, comply with applicable Union and national law, including that concerning environmental and safety F105 [ policy, and ] ] F106 [ (x) to perform its functions under the European Union (Renewable Energy) Regulations 2022 (S.I. No. 76 of 2022). ] F102 [ (1A) For the purposes of this Act, the functions of the Commission under the Electricity Market Directive and under the Natural Gas Market Directive and any regulations made under either, shall be deemed to be functions of the Commission under this Act. ] F107 [ (1B) The Commission shall be responsible for ensuring non-discrimination, effective competition and the efficient functioning of the electricity and gas markets, by monitoring in particular — ( a ) the rules on the management and allocation of interconnection capacity in conjunction with the regulatory authority or authorities of those Member States with which the interconnection exists, ( b ) mechanisms to deal with management of congestion capacity within the electricity and gas systems, ( c ) the time taken by transmission and distribution system operators to make connections and repairs, ( d ) the publication of appropriate information by transmission and distribution system operators concerning interconnectors, grid usage and capacity allocation to interested parties, taking into account the need to treat non-aggregated information as commercially confidential, ( e ) effective unbundling of accounts to ensure that there are no cross-subsidies between generation, transmission, distribution, storage, LNG and supply activities, F108 [ or other electricity and non-electricity activities ] ( f ) conditions of access to storage facilities, linepack and to other ancillary services in relation to gas, ( g ) the application by storage operators of the criteria relating to storage facilities that fall under Article 33 of the Natural Gas Market Directive, ( h ) the extent to which transmission and distribution system owners and operators fulfil their functions in accordance with statutory requirements, ( i ) the level of competition and transparency in respect of wholesale prices, ( j ) F109 [ … ] ( k ) ensuring compliance by transmission system operators with recommendations of the Commission in regard to amendment or modification of investment plans of transmission system operators, ( l ) compliance with, and review of, past performance of network security and reliability rules, and ( m ) the terms, conditions and tariffs for connecting new producers of electricity to guarantee that these are objective, transparent and non-discriminatory, in particular taking full account of the costs and benefits of the various renewable energy sources technologies, distributed generation and combined heat and power. ] F110 [ (1BA) F111 [ … ] ] F112 [ F108 [ (1BA) The Commission shall ensure compliance of electricity undertakings, including transmission and distribution system owners and operators, with transparency obligations. ] (1C) The Commission shall in its annual report, under paragraph 25( c ) of the Schedule include details on the carrying out and fulfilment of its duties under F113 [ Articles 59 and 60 of the 2019 Internal Electricity Market Directive ] , and Article 41 of the Natural Gas Market Directive and subsection (3) of section 9BA . ] F108 [ (1CA) The Commission shall report annually on its activity and the fulfilment of its duties to the European Commission and the Agency, including on the steps taken and the results obtained as regards each of the tasks listed in Articles 59 and 60 of the 2019 Internal Electricity Market Directive. ] F114 [ (1CB) The Commission shall report annually until at least 2032 on the developments in dynamic electricity price contracts, including market offers and the impact on consumers’ bills and specifically the level of price volatility. ] F115 [ (1D)( a ) Any dispute between a gas transmission, gas distribution, LNG or gas storage system operator and a person regarding — (i)(I) the matters specified in section 9(1B) , in relation to gas, (II) the terms and conditions for the provision of balancing services or the methodologies used to calculate such terms and conditions, (III) the terms and conditions, including tariffs or the methodologies used to calculate or establish such terms and conditions for connection and access to the national networks, F116 [ … ] (ii) F116 [ … ] shall, upon the application of such person, be determined by the Commission, and the Commission shall issue a direction regarding its determination and the system operator shall comply with and be bound by any such determination. ( b ) The Commission shall issue a binding determination referred to in paragraph ( a ) within 2 months from the date of receipt of the complaint. This 2 month period may be extended by a further 2 months (and such further extension as may be consented to by the applicant) where the Commission seeks additional information in the matter. ( c ) This subsection does not apply to a dispute between a final customer and a system operator where the dispute concerns a refusal to offer to enter into a third party access agreement within the meaning of section 10A or 10B of the Gas Act 1976 . ] F113 [ (1E) The Commission, when carrying out the monitoring of compliance referred to in paragraph ( k ) of subsection (1B) , may formulate proposals, by way of recommendations to be included by it in its report referred to in subsection (1C) , for the amendment or modification of investment plans referred to in that paragraph ( k ) so as to ensure their consistency with the Union wide network development plan referred to in Article 30(1)( b ) of the 2019 Internal Electricity Market Regulation and Article 8(3)( b ) of the Natural Gas Market Regulation. ] F118 [ (1F) It shall be a function of the Commission to ensure that there is a high standard of protection for all final customers, including in their dealings with energy undertakings. ] F119 [ (1FA) For the purposes of subsection (1F) “ final customer ” — ( a ) in the case of an electricity undertaking, has the meaning given to it by section 2 , and ( b ) in the case of a natural gas undertaking, has the meaning given to it by section 2 of the Gas (Interim) (Regulation) Act 2002 . ] F120 [ (1G) F121 [ ( a ) In carrying out its functions under paragraphs ( ea ), ( eb ) and ( ed ) the Commission shall, having consulted with the Minister, establish and implement a LPG and natural gas safety regulatory framework, and report annually to the Minister on the functioning of such framework, ] ( b ) The framework established under paragraph ( a ) shall include — (i) a system for the inspection and testing of all natural gas transmission and distribution pipelines, storage and LNG facilities to an extent and at a frequency specified in the framework, (ii) a system for the regulation, certification, ongoing inspection of the work and assessment of the competence of individual trained natural gas installers F122 [ and LPG installers ] , (iii) procedures for the investigation of complaints regarding the competence of any particular natural gas installer F123 [ or LPG installer ] , F124 [ (iv) procedures for the investigation of a LPG incident as prescribed by regulations under section 9H and any incidents involving natural gas which in the opinion of the Commission warrant such investigation, ] (v) procedures relating to the making of a report to the Minister in respect of an investig