The SEAI
SUSTAINABLE ENERGY ACT, 2002
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS FUINNEAMH INMHARTHANA ÉIREANN — ÚDARÁS FUINNIMH INMHARTHANA NA hÉIREANN OR IN THE ENGLISH LANGUAGE SUSTAINABLE ENERGY IRELAND — THE SUSTAINABLE ENERGY AUTHORITY OF IRELAND; TO AMEND THE GAS ACT, 1976, TO AMEND THE ELECTRICITY REGULATION ACT, 1999, AND FOR MATTERS CONNECTED THEREWITH. [27th February, 2002]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Citation.
1.—This Act may be cited as the Sustainable Energy Act, 2002.
Interpretation.
2.—In this Act, unless the context otherwise requires—
“the Authority” means the body established by section 4 ;
“the Board” means the Board of the Authority;
“enactment” includes any instrument made under an enactment;
“the establishment day” means the day appointed by the Minister under section 3 ;
“functions” includes powers and duties;
“the Minister” means the Minister for Public Enterprise;
“superannuation benefits” means pensions, gratuities, and other allowances payable on resignation, retirement or death.
Establishment day.
3.—The Minister may, with the concurrence of the Minister for Finance and the Minister for Enterprise, Trade and Employment, by order appoint a day to be the establishment day for the purposes of this Act.
Establishment of new body.
4.—(1) There shall stand established, on the establishment day, a body to be known as Fuinneamh Inmharthana Éireann — Údarás Fuinnimh Inmharthana na hÉireann or in the English language Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland (in this Act referred to as the “Authority”) which shall perform the functions assigned to it by this Act.
(2) The Authority shall be a body corporate with perpetual succession and a seal and with power—
(a) to sue and be sued in its corporate name,
(b) to acquire, hold and dispose of land or an interest in land, with the consent of the Minister, and
(c) to acquire, hold and dispose of any other property.
Expenses of Minister.
5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Functions of Authority.
6.—(1) The functions of the Authority shall be—
(a) to promote and assist environmentally and economically sustainable production, supply and use of energy,
(b) to promote and assist energy efficiency and renewable sources of energy,
(c) to promote and assist the reduction of greenhouse gas emissions and transboundary air pollutants associated with the production, supply and use of energy,
(d) to promote and assist the minimising of the impact on the environment of the production, supply and use of energy,
(e) to promote and assist research, development and demonstration of technologies connected with the foregoing paragraphs of this subsection,
(f) to provide advice, information and guidance—
(i) to the Minister and such other Ministers or bodies as the Minister may direct, and
(ii) to energy suppliers and users,
relating to the matters specified in the foregoing paragraphs of this subsection.
(2) The Authority shall have all such powers as are necessary for or are incidental to the performance of its functions under this Act, including—
(a) co-operating with the Central Statistics Office and acting as an agent of that Office in relation to matters related to the functions of the Authority,
(b) the compilation, extraction and dissemination of information and projections relating to energy production and use (including implications relating to the sourcing, transformation, transmission, distribution and emissions thereof),
(c) the licensing, regulation and control of activities related to the functions where directed by the Minister from time to time,
(d) the initiation, development, administration, participation in and promotion of schemes and programmes of action,
(e) the promotion of and assistance with participation in international programmes,
(f) the provision of assistance in the co-ordination of activities carried out in the State related to sustainable energy,
(g) the assessment of energy technologies and markets for the purpose of promoting best practice,
(h) encouraging the establishment and development of companies involved in the provision of services,
(i) the exchange of information with organisations outside the State and participation in international activities,
(j) representation of a Minister of the Government at meetings of international bodies where requested to do so by the Minister,
in connection with the matters referred to in subsection (1).
(3) The Authority may perform any of its functions through or by a member of its staff duly authorised by the Authority in that behalf.
(4) The Authority shall have all such powers as are necessary for or are incidental to the performance of its functions under this Act.
Power to establish subsidiaries.
7.—(1) The Authority may, with the consent of the Minister and the Minister for Finance, perform any of its functions through a subsidiary and, for the purpose of such performance, may acquire, form or establish one or more than one subsidiaries (within the meaning of section 155 of the Companies Act, 1963 ) and for that purpose may acquire, hold or dispose of shares or any other interest in a company or become a member of a company (within the meaning of the Companies Acts, 1963 to 2001).
(2) In relation to the exercise of its powers under subsection (1)—
(a) the Board of the Authority shall ensure that the memorandum and articles of association of a subsidiary are in a form consistent with this Act, and that the prior approval of the Minister and the Minister for Finance are obtained in relation to such memorandum and articles, and any alterations to them,
(b) the Minister may give a direction in writing to the Authority on any matter relating to a subsidiary, and the Authority shall comply or ensure compliance with any such direction,
(c) the Minister shall not issue a direction to the Authority under paragraph (b) which relates to the disposal of any assets or surpluses of a subsidiary without the consent of the Minister for Finance,
(d) the grades of staff and the number of staff of a subsidiary shall be determined by the Board of the Authority, with the consent of the Minister and the Minister for Finance,
(e) the staff of any subsidiary shall hold office or employment subject to such terms and conditions as are approved by the Minister with the consent of the Minister for Finance.
Additional functions.
8.—(1) The Minister may, following consultation with the Authority, the Minister for Finance and any other Minister of the Government who, in the opinion of the Minister, is concerned, by order assign to the Authority such additional functions relating to sustainable energy, energy efficiency and renewable energy as the Minister considers appropriate.
(2) Without prejudice to the generality of subsection (1), an order under this section may assign to the Authority any function which relates to sustainable energy, energy efficiency and renewable energy and which arises from, or is necessary for, the implementation of any provision of the treaties governing the European Communities or any act adopted by the institutions of those Communities or other international convention or agreement to which the State is, or becomes, a party.
Orders.
9.—(1) An order under this Act may contain such consequential, ancillary or subsidiary provisions as the Minister considers necessary or expedient.
(2) The Minister may by order amend or revoke an order made under this Act (other than an order under section 3 ), including an order made under this subsection.
(3) Where it is proposed to make an order under this Act (other than an order under section 3 ), a draft of the order shall be laid before each House of the Oireachtas, and the order shall not be made until a resolution approving the draft has been passed by each such House.
Board of Authority.
10.—(1) The Board shall consist of 12 members.
(2) The Board shall direct the functions of the Authority in accordance with this Act and shall satisfy itself as to the adequacy of the systems in place for that purpose and shall keep under review the performance of the Authority.
(3) Each member of the Board shall be a person who, in the opinion of the Minister, has experience and competence in relation to one or more of the following areas:
(a) renewable energy methodologies and technologies;
(b) conservation and efficient use of energy;
(c) environmental matters;
(d) education;
(e) engineering;
(f) economics;
(g) finance;
(h) the construction industry;
(i) urban development;
(j) energy production and supply;
(k) motor engineering;
(l) legal matters;
(m) trade union matters;
(n) transport;
(o) industry;
(p) commerce.
(4) The Minister, with the consent of the Minister for Finance, shall appoint the members of the Board other than the Chief Executive, and the members appointed by the Minister shall, subject to the other provisions of this section, hold and vacate office as the Minister may determine.
(5) The Minister shall designate one member of the Board (other than the Chief Executive) as chairperson for a period not greater than 5 years.
(6) The Chief Executive shall, subject to subsections (6) and (7) of section 15 , be a member of the Board.
(7) There shall be paid to members of the Board in relation to their membership of the Board, out of moneys at the disposal of the Board, such remuneration (if any) and such allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.
(8) Each member of the Board shall hold office on such terms (other than those relating to the payment of remuneration and allowances for expenses) as the Minister determines at the time of appointment of such member.
(9) On the third anniversary of the establishment day and, thereafter, on each anniversary of the establishment day, 3 of the members of the Board (other than the chairperson and the Chief Executive) shall retire from office.
(10) The members required to retire by virtue of subsection (9) in any year shall be those who have served longest as a member of the Board since last appointed.
(11) Where in determining which member or members are required to retire by virtue of subsection (9) there is more than one member who was appointed to the Board on the same day then as respects such members appointed on the same day the member or members to retire shall be determined by lot unless such members otherwise agree.
(12) A member of the Board other than the Chief Executive shall not serve for more than 10 consecutive years.
(13) A member of the Board shall cease to be and shall be disqualified from being a member of the Board where such member—
(a) is adjudicated bankrupt,
(b) makes a composition or arrangement with creditors,
(c) on conviction on indictment by a court of competent jurisdiction is sentenced to a term of imprisonment, or
(d) is disqualified or restricted from being a director of any company (within the meaning of the Companies Acts, 1963 to 2001).
(14) A member of the Board may resign from the Board by letter addressed to the Minister and the resignation shall take effect on receipt of the letter by the Minister.
(15) A member of the Board may at any time be removed from membership of the Board by the Minister if, in the Minister’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Authority of its functions.
(16) If a member of the Board other than the Chief Executive dies, resigns, becomes disqualified or is removed from office the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned.
(17) A member of the Board whose period of membership expires by the effluxion of time shall be eligible for re-appointment as a member of the Board, but a member of the Board, other than the Chief Executive, shall not serve for more than 10 consecutive years.
(18) Subject to section 12 (3) the Board may act notwithstanding one or more vacancies in its membership.
(19) In making appointments to the Board the Minister shall have regard to the objective of there being not less than 4 members who are women and not less than 4 members who are men.
Chairperson of Board of Authority.
11.—(1) Where the chairperson of the Board ceases to hold such office, he or she shall also cease to be a member of the Board.
(2) Where the chairperson of the Board ceases to be a member of the Board, he or she shall also thereupon cease to be chairperson of the Board.
(3) The chairperson of the Board may at any time resign his or her office as chairperson by letter addressed to the Minister and the resignation shall take effect on receipt of the letter by the Minister.
(4) The chairperson of the Board shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (2) or (3), hold such office until the expiration of his or her period of membership of the Board and if he or she is re-appointed as a member of the Board, he or she shall be eligible to be designated as chairperson of the Board in accordance with section 10 (5).
Meetings and procedure of Board of Authority.
12.—(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions but shall hold at least one meeting in each quarter of the calendar year.
(2) The Minister, in consultation with the chairperson of the Board, shall fix the time of the first meeting of the Board.
(3) The quorum for a meeting of the Board shall be 5.
(4) The chairperson of the Board shall chair any meetings of the Board except in the case that the chairperson is not present or such office is vacant in which case the members who are present shall choose one of their number to chair the meeting.
(5) At a meeting of the Board, each member of the Board present, including the chairperson, shall have a vote and any question on which a vote is required in order to establish the Board’s view shall be determined by a majority of the votes of the members of the Board present when the vote is called and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second and casting vote.
(6) The Board may delegate to a committee established pursuant to section 13 any of its functions which, in the opinion of the Board, can be better or more conveniently exercised or performed by a committee.
(7) Subject to this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.
Committees of Board.
13.—(1) The Board may establish committees—
(a) to assist and advise it on matters relating to any of the functions of the Authority, and
(b) to exercise or perform any of its functions which in the opinion of the Board can be better and more conveniently exercised or performed by such committee and have been delegated to that committee pursuant to section 12 (6),
and may determine the terms of reference and regulate the procedure of any such committee.
(2) A committee established under this section may include persons who are not members of the Board.
(3) A member of a committee established under this section may be removed at any time by the Board.
(4) The Board may at any time dissolve a committee established under this section.
(5) The Board may appoint a person to be a chairperson of a committee established under this section.
(6) There may be paid by the Board to members of a committee established under this section such allowances for expenses incurred by them as the Board may, with the consent of the Minister and the Minister for Finance, determine.
Membership of either House of Oireachtas, European Parliament or local authority.
14.—(1) Where a member of the Board—
(a) is nominated as a member of Seanad Éireann,
(b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament,
(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy, or
(d) becomes a member of a local authority.
he or she shall thereupon cease to be a member of the Board.
(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while he or she is so entitled or is such a representative, be disqualified from becoming a member of the Board.
(3) A person who is a member of a local authority shall be disqualified from becoming a member of the Board.
Chief Executive.
15.—(1) There shall be a chief executive officer of the Authority who shall be known, and is referred to in this Act, as the “Chief Executive”.
(2) The Chief Executive shall be appointed by the Board.
(3) The Chief Executive may be removed or suspended from office by the Board.
(4) The Chief Executive shall hold office for a period not exceeding 5 years upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Board with the consent of the Minister and the Minister for Finance.
(5) A person may be re-appointed as Chief Executive subject to the other provisions of this section.
(6) The Chief Executive shall for so long as he or she holds that office serve as an ex officio member of the Board.
(7) Where and for so long as the Chief Executive is suspended from office the Chief Executive shall stand suspended from membership of the Board.
(8) The Chief Executive shall carry on and manage and control generally the administration and business of the Authority and shall be responsible to the Board for the performance of his or her functions and for the implementation of the policies of the Authority and shall perform such other functions as may be determined by the Board.
(9) (a) Where the office of Chief Executive is vacant the Board may designate a member of the staff of the Authority to perform the functions of the Chief Executive which designation shall continue in force for no longer than the period of the vacancy in that office.
(b) The Board may revoke or alter a designation made under paragraph (a) at any time.
(10) (a) Where the Chief Executive is absent from duty and no member of the staff of the Authority has been assigned by the Chief Executive to perform the duties of the Chief Executive in his or her absence the Board may designate a member of the staff of the Authority to perform the functions of the Chief Executive which designation shall continue in force for no longer than the period of the absence of the Chief Executive.
(b) The Board may revoke or alter a designation made under paragraph (a) at any time.
(11) Nothing in subsections (9) or (10) shall entitle a person designated to perform functions of the Chief Executive to be a member of the Board.
(12) The Chief Executive shall not hold any other office or position or carry on any business, trade or profession without the consent of the Board.
Staff.
16.—(1) Every person who is on the day immediately preceding the establishment day a member of the staff of Forfás working in the entity within Enterprise Ireland known as The Irish Energy Centre shall on the establishment day become a member of the staff of the Authority.
(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not while in the service of the Authority be made subject to conditions of service (including conditions in relation to tenure of office) or of remuneration which are less favourable to such person than the conditions of service (including conditions of service in relation to tenure of office) or remuneration to which he or she was subject immediately before the establishment day.
(3) The Authority may appoint persons to be members of the staff of the Authority and the grades of the staff of the Authority and the numbers of staff in each grade shall be determined by the Board with the consent of the Minister and the Minister for Finance.
(4) Subject to subsections (1) and (2) members of staff of the Authority shall hold their employment on such terms and conditions (including those relating to remuneration and allowances for expenses) as the Authority may, with the consent of the Minister and the Minister for Finance, determine from time to time.
(5) The Chief Executive may from time to time assign such duties as he or she considers appropriate to each member of staff and each member of staff shall carry out the duties so assigned.
(6) Where a member of the staff of the Authority—
(a) is nominated as a member of Seanad Éireann,
(b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or
(c) is regarded, pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 as having been elected to the European Parliament to fill a vacancy,
he or she shall thereupon stand seconded from his or her employment with the Authority and shall not be paid by or be entitled to receive from the Authority remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when he or she ceases to be a member of that House or a representative in that Parliament.
(7) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while he or she is so entitled or is such a representative, be disqualified from becoming a member of the staff of the Authority.
Superannuation of Chief Executive and staff.
17.—(1) The Board may, with the approval of the Minister and the consent of the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of a person appointed as Chief Executive or members of the staff of the Authority.
(2) A scheme under subsection (1) shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.
(3) The Board may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.
(4) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.
(5) No superannuation benefits shall be granted by the Authority to or in respect of a person on ceasing to be Chief Executive or a member of the staff of the Authority otherwise than—
(a) in accordance with a scheme or schemes under this section, or
(b) with the consent of the Minister and the Minister for Finance.
(6) A scheme under this section, including an amendment of a scheme, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(7) A scheme or schemes under subsection (1) shall, in so far as it concerns a person referred to in section 16 (1) provide for the granting to or in respect of him or her of superannuation benefits upon and subject to terms and conditions that are not less favourable to him or her than the terms and conditions that applied to that person immediately before their appointment as Chief Executive or a member of staff of the Authority in relation to the grant of such benefits.
(8) In applying subsection (7), superannuation benefits that would have been granted to or in respect of a person during the period between his or her appointment as Chief Executive or to a position on the staff of the Authority and the coming into operation of a scheme under this section had he or she continued to be employed by Forfás shall be granted and paid to or in respect of that person by the Authority in accordance with the scheme or such enactments in relation to superannuation as applied to the person immediately before his or her appointment as Chief Executive or to a position as a member of the staff of the Authority and, for that purpose, his or her pensionable service shall be aggregated with his or her previous pensionable service in Forfás referred to in section 16 (1).
Disclosure of interests.
18.—(1) Where the Chief Executive, a member of the Board, a member of a committee established by virtue of section 13 , a member of the staff of the Authority, or a consultant, adviser or other person engaged by the Authority, has a pecuniary interest or other beneficial interest in or material to any matter which falls to be considered by the Board, he or she shall—
(a) disclose to the Board the nature of his or her interest in advance of any consideration of the matter,
(b) neither influence nor seek to influence a decision in relation to the matter,
(c) take no part in any consideration of the matter,
(d) if he or she is the Chief Executive, a member of the Board, or a member of a committee established by virtue of section 13 , or a member of the staff of the Authority, withdraw from the meeting for so long as the matter is being discussed or considered and shall not vote on or otherwise act as such Chief Executive or member in relation to the matter.
(2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if—
(a) he or she or any connected relative or any nominee of his or her or any connected relative, is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,
(b) he or she or any connected relative is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,
(c) he or she or any connected relative is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or
(d) any connected relative has a beneficial interest in, or material to, such a matter.
(3) For the purposes of this section a person shall not be regarded as having a beneficial interest in or material to any matter by reason only of an interest of his or hers or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.
(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would constitute a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Board, whose decision shall be final, and particulars of the determination shall be recorded in the minutes of the meeting concerned.
(5) Where a disclosure is made to the Board, particulars of the disclosure shall be recorded in the minutes of the meeting concerned.
(6) Where a person referred to in this section fails to make a disclosure in accordance with this section, the Board shall decide the appropriate action (including removal from office or as a member, or termination of contract) to be taken.
(7) In this section “connected relative” means, in relation to a person to whom this section applies, the person’s spouse or partner, parent, child, brother, sister, or child of the person’s spouse or partner.
Disclosure of information.
19.—(1) Save as otherwise provided by law and subsection (3), a person shall not, without the consent of the Board, disclose confidential information obtained by him or her while performing (or as a result of having performed) duties as—
(a) a member of the Board,
(b) Chief Executive,
(c) a member of the staff of the Authority,
(d) a member of a committee established pursuant to section 13 ,
(e) an adviser or consultant to the Authority or an employee of such person whilst performing duties relating to such advice or consultation.
(2) A person who contravenes subsection (1) shall be guilty of an offence and liable on summary conviction to a fine of €2,000.
(3) Nothing in subsection (1) shall prohibit the disclosure of information by means of a report made—
(a) to the Board, or
(b) by or on behalf of the Board to the Minister.
(4) In this section “confidential information” includes information that is expressed by the Board or a committee of the Board, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description.
(5) The First Schedule to the Freedom of Information Act, 1997 is amended by the insertion in subparagraph (2) of paragraph 1 at the end thereof of the following:
“Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland.”.
Seal of Board.
20.—(1) The Authority shall, as soon as may be after its establishment, provide itself with a seal.
(2) The seal of the Authority shall be authenticated by the signature of—
(a) the chairperson of the Board or another member of the Board authorised by it to act in that behalf, and
(b) a member of the staff of the Authority authorised by the Board to act in that behalf.
(3) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by the Authority and to be sealed with the seal of the Authority (purporting to be authenticated in accordance with subsection (2)) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.
(4) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Authority by a member of the staff of the Authority or a person generally or specially authorised by the Board for that purpose.
Transfer of property and rights and liabilities.
21.—(1) With effect from the establishment day the Authority shall have a licence to occupy the property which on the day immediately before the establishment day was the property of Enterprise Ireland and occupied by The Irish Energy Centre, subject to such terms and conditions as may be agreed in writing between the Minister and Enterprise Ireland prior to the making of the order pursuant to section 3 appointing a day to be the establishment day.
(2) On the establishment day all equipment and property (other than that referred to in subsection (1)) which on the day immediately before the establishment day was the property of Enterprise Ireland for the use of The Irish Energy Centre shall be transferred to the Authority subject to and with the benefit of all rights and liabilities relating to such property and equipment.
Financing of Authority.
22.—(1) The Minister shall from time to time, with the consent of the Minister for Finance, advance to the Authority out of moneys provided by the Oireachtas, such sums as the Minister may determine for the purposes of expenditure by the Authority in the performance of its functions.
(2) In determining the amount of any such moneys to be paid in any financial year the Minister shall give due consideration to the income and expenditure of the Authority, and for that purpose the Board shall furnish to the Minister as and when requested information regarding such income and expenditure.
Borrowing by the Board.
23.—The Authority may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Authority or otherwise), including money in a currency other than the currency of the State, subject to the consent of the Minister and the Minister for Finance and to such conditions as they may specify.
Annual report and accounts of Authority.
24.—(1) The Authority shall submit, in such form as the Minister may direct, an annual report of its activities after the end of the financial year to which it refers and the Minister shall cause copies of the report to be laid before each House of the Oireachtas not later than six months after the end of that financial year.
(2) The Authority shall keep, in such form as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of money received and expended by it.
(3) The accounts of the Authority shall be submitted annually to the Comptroller and Auditor General for audit at such times as the Minister, with the consent of the Minister for Finance, shall direct and when so audited, shall, together with the report of the Comptroller and Auditor General thereon, be presented to the Minister, who shall cause copies thereof to be laid before each House of the Oireachtas.
(4) The Chief Executive shall whenever he or she is required to do so by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and the reports of the Comptroller and Auditor General, give evidence to that Committee on all matters pertaining to the expenditure of the Authority.
Information to Minister and Oireachtas on performance of functions.
25.—(1) The Authority shall, whenever so requested by the Minister, furnish to him or her information in relation to such matters as he or she may specify concerning or relating to the performance of its functions, or its plans for the future performance of its functions, generally or in respect of any report or account prepared by the Authority under section 24 of this Act or the policy and activities, other than day-to-day activities, of the Authority.
(2) Each report under subsection (1) of this section shall include information in such form and regarding such matters as the Minister may direct.
(3) Not less than 3 months before the end of each financial year of the Authority, it shall furnish to the Minister a report in writing—
(a) outlining its proposed activities (other than day-to-day activities) in the financial year immediately following,
(b) giving estimates of its expenditure in the forthcoming financial year in relation to each of those activities, and
(c) giving estimates of its income in the forthcoming financial year,
and the Authority shall not carry out any of those activities or incur any such expenditure until the report has been approved of by the Minister.
(4) The Authority shall not during any financial year—
(a) carry out any activity (other than a day-to-day activity) not specified in the report under subsection (3) of this section in relation to that year, or
(b) incur expenditure in relation to any activity in excess of the estimate of that expenditure given in that report,
without the prior approval of the Minister.
(5) From time to time, and whenever so requested, the Chief Executive shall account for the performance of the functions of the Authority to a Committee of one or both Houses of the Oireachtas.
Power to charge fees.
26.—(1) The Authority shall have power to charge, receive and recover fees in respect of work undertaken by the Authority on behalf of any person or body other than a Minister of the Government.
(2) The Authority may recover, as a simple contract debt in any court of competent jurisdiction, from any such person any amount due and owing to it under subsection (1).
Policy Directives.
27.—The Minister may give to the Authority, in writing, such general policy directives as he or she may consider appropriate to be followed by the Authority in the exercise of its functions.
Power to accept subscriptions and donations.
28.—(1) The Authority may accept subscriptions of money from any body or person in return for the use by such body or person or other bodies or persons of such services and facilities of the Authority as the Board may determine.
(2) The Authority may, subject to the approval of the Minister and the consent of the Minister for Finance, accept a gift of money, land or other property, upon such trusts and conditions, if any, as may be specified by the person making the gift.
(3) The Authority shall not accept any gift or subscription of money if the conditions by the donor to the acceptance thereof are inconsistent with the functions of the Authority.
Power to engage consultants and advisers and to enter into contracts.
29.—The Authority may, from time to time, as it considers necessary for the performance of its functions—
(a) enter into contracts with persons or bodies, and
(b) engage consultants or advisers,
and any sums thereby payable by the Authority to such persons, bodies, consultants or advisers shall be paid by the Authority out of moneys at its disposal.
Saving for certain acts.
30.—Nothing in this Act shall affect the validity of any act done in the name of Enterprise Ireland on behalf of the Irish Energy Centre prior to the establishment day and every such act shall insofar as it was operative immediately before the establishment day have effect on and after that day.
Amendment of section 23 of Gas Act, 1976.
31.— Section 23 of the Gas Act, 1976 is amended by the substitution in subsection (2) of “€1,700,000,000” for “£550,000,000” (inserted by the Gas (Amendment) Act, 2000 ).
Amendment of section 39 of Electricity Regulation Act, 1999 (Public Service Obligations).
32.— Section 39 of the Electricity Regulation Act, 1999 is amended—
(a) in subsection (2)—
(i) by the substitution of “as are necessary to ensure that, in any specified period,” for “as are necessary to ensure that, in any calendar year,”,
(ii) by the deletion of “a specific quantity of” before “electricity from”, and
(iii) by the substitution of “generate that electricity” for “generate that quantity of electricity” in paragraph (a),
(b) in subsection (5)—
(i) by the deletion in paragraph (a) of “in respect of electricity provided to such customers”, and
(ii) by the substitution for paragraph (b) of the following paragraph—
“(b) the collection and recovery of payments in respect of the levy—
(i) from final customers by the Board or the holder of a licence or an authorisation or the holder of a permit under section 37 of the Principal Act,
(ii) from the Board or such holders of a licence, authorisation or permit by the distribution system operator or the transmission system operator, and
(iii) from the distribution system operator by the transmission system operator,”,
(c) in subsection (5)—
(i) by the insertion in paragraph (a) of “or holders of a permit under section 37 of the Principal Act”, after “the Board or holders of a licence or an authorisation”, and
(ii) by the insertion in paragraph (c) of “or holders of permits under section 37 of the Principal Act” after “the Board and holders of licences or authorisations”,
(d) by the insertion of the following subsection after subsection (5)—
“(5A) (a) The levy referred to in paragraph (a) of subsection (5) shall be imposed on final customers in respect of a levy period in such a manner that—
(i) the levy is apportioned between each category of electricity accounts specified in paragraph 1 of Schedule 2 on the basis of the maximum demand attributable to that category of accounts as a proportion of the aggregate of the maximum demand attributable to each of the three categories of accounts, and
(ii) each holder of an electricity account who is a final customer is charged and liable to pay the levy in respect of each electricity account on the basis set out in paragraph 2 of Schedule 2.
(b) The attribution of the maximum demand in respect of each category of electricity account shall be carried out by the distribution system operator with the approval of the Commission in respect of each levy period.
(c) In this subsection ‘levy period’ means a calendar year or such shorter period as may be specified in the order.”,
(e) in subsection (6)—
(i) by the insertion of “or the holder of a permit under section 37 of the Principal Act” after “or an authorisation” wherever those words occur in that subsection,
(ii) by the substitution of “specified period” for “specified period of years”, and
(iii) by the insertion of “or part of a year” after “each year”,
and
(f) by the substitution of the following subsection for subsection (8)—
“(8) The Minister shall exercise the powers conferred by this section so as to ensure that the sums realised by the levy or otherwise are sufficient (after the payment of the administrative expenses, as certified by the Commission, of the Board and holders of licences or authorisations or holders of permits under section 37 of the Principal Act incurred in the collection of the levy) to pay to the Board and holders of licences or authorisations or holders of permits under section 37 of the Principal Act the payment required to be made by the order.”.
Insertion of Schedule 2 to Electricity Regulation Act, 1999.
33.—The Electricity Regulation Act, 1999 is amended by the insertion of the matter in the Schedule to this Act after the Schedule to that Act as Schedule 2 to that Act.
SCHEDULE
“SCHEDULE 2
Categorisation of Accounts
1. For the purposes of section 39 the categories of electricity account are—
(a) Domestic Accounts, meaning electricity accounts held by final customers and which are identified by the distribution system operator as liable for distribution use of system charges at the rate for urban domestic customers or the rate for rural domestic customers;
(b) Small Accounts, meaning electricity accounts held by final customers which are not Domestic Accounts or Medium-Large Accounts;
(c) Medium-Large Accounts, meaning electricity accounts held by final customers which, in respect of each such account, the distribution system operator certifies as having a maximum import capacity of not less than 30kVA.
Computation of amount of levy payable by holders of individual electricity accounts
2. The amount of levy to be imposed on each electricity account in respect of a levy period shall be computed—
(a) in the case of a Domestic Account by dividing the amount of the levy attributed to that category of accounts in accordance with section 39(5A) by the number of electricity accounts certified by the distribution system operator as falling within that category;
(b) in the case of a Small Account by dividing the amount of the levy attributed to that category of accounts in accordance with section 39(5A) by the number of electricity accounts certified by the distribution system operator as falling within that category;
(c) in the case of a Medium-Large Account by applying the formula in paragraph 3 of this Schedule.
Formula to be applied in computation of amount of levy payable by holders of Medium-Large electricity accounts
3. The amount of levy payable by the holder of an electricity account in respect of each electricity account which is certified by the distribution system operator as being a Medium-Large Account shall be calculated according to the following formula—
A ×
B
C
Where
A is the proportion of the levy attributable to the category of Medium-Large Accounts in accordance with section 39(5A) expressed as a monetary amount;
B is the maximum import capacity of the electricity account of the final customer expressed in kVA;
C is the aggregate of the maximum import capacities of electricity accounts which are certified by the distribution system operator as Medium-Large Accounts expressed in kVA.
Construction and Interpretation
4. (a) In this Schedule a reference to the distribution system operator shall in the case of a final customer who has a direct connection to the transmission system be construed as including a reference to the transmission system operator.
(b) In this Schedule—
‘formula determined by the Commission’ means a formula determined by the Commission following consultation with the electricity industry, and having been approved by the Minister, which formula is, after such approval, published by the Commission;
‘maximum import capacity’ means in relation to an individual electricity account—
(i) the agreed maximum import capacity being the maximum import capacity expressed in kVA agreed by the holder of the electricity account with the distribution system operator, or
(ii) in a case where the maximum import capacity has not been agreed with such an operator, the deemed maximum import capacity being the level of maximum import capacity calculated by the distribution system operator (in accordance with a formula determined by the Commission) as being the maximum import capacity in relation to that account.”.
ENERGY ACT 2016
An Act to change the name of the Commission for Energy Regulation; to confer on the Commission powers to carry out investigations and impose administrative sanction; to give further effect to Directive No. 2003/54/EC of the European Parliament and of the Council of 26 June 20031 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC; to give further effect to Regulation (EC) 714/2009 of the European Parliament and of the Council of 13 July 20092 on conditions for access to the network for cross-border exchanges in electricity and for that purpose to make provision in respect of certain revised arrangements in the State and Northern Ireland relating to the Single Electricity Market; to give further effect to Regulation (EU) No. 1227/2011 of the European Parliament and of the Council of 25 October 20113 on wholesale energy market integrity and transparency and for that purpose to amend the European Union (Wholesale Energy Market Integrity and Transparency) Regulations 2014 ( S.I. No. 480 of 2014 ); for those and other purposes to amend the Registration of Title Act 1964 , the Gas Act 1976 , the Electricity Regulation Act 1999 , the Gas (Interim) (Regulation) Act 2002 , the Sustainable Energy Act 2002 and the National Oil Reserves Agency Act 2007 ; to amend the Continental Shelf Act 1968 ; to repeal the Intoxicating Liquor Act 1946 ; and to provide for related matters.
[30 th July, 2016]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title and commencement
1. (1) This Act may be cited as the Energy Act 2016.
(2) This Act, other than section 7 , comes 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 and different provisions.
Definitions
2. In this Act—
“Act of 1999” means Electricity Regulation Act 1999 ;
“Minister” means Minister for Communications, Energy and Natural Resources.
Repeals
3. The following are repealed:
(a) the Intoxicating Liquor Act 1946 ;
(b) section 27 of the Act of 1999;
(c) section 13 (5) of the Gas (Interim) (Regulation) Act 2002 .
PART 2
Change of Name of Commission for Energy Regulation
Change of name of Commission for Energy Regulation
4. The Commission for Energy Regulation (established by section 8 of the Act of 1999) shall, on and from such day as the Minister appoints by order, be known as the Commission for Regulation of Utilities or in the Irish language as An Coimisiún um Rialáil Fóntais and references in this Act or any other Act of the Oireachtas, any instrument made under this Act or any other Act of the Oireachtas, any legal proceedings and any document to the Commission for Energy Regulation shall from that day be read as references to the Commission for Regulation of Utilities.
PART 3
Power to Carry Out Investigations and Impose Administrative Sanction
Investigations and administrative sanction
5. The Act of 1999 is amended by inserting after section 54 the following Part:
“PART IX
Power to Carry Out Investigations and Impose Administrative Sanction
Definitions (Part IX and Schedule 4)
55. In this Part and Schedule 4—
‘improper conduct’ means—
(a) failure by the holder of a licence under subsection (1)(b) of section 14 to comply, under subsection (2M)(b) of that section, with such standards of performance as may be specified by the Commission under subsection (2M)(a) of that section in the licence concerned,
(b) failure by the holder of a licence under section 14(1)(e), (g) or (h), as the case may be, to comply, under Regulation 26(1) of the European Communities (Internal Market in Electricity) Regulations 2005 ( S.I. No. 60 of 2005 ), with such standards of performance as may be specified by the Commission under Regulation 26(2) of those Regulations in the licence concerned,
(c) failure by an interconnector operator to comply with the determination of the Commission under section 34A(5),
(d) failure, by the holder of a licence under section 16 (1)(a) of the Gas (Interim) (Regulation) Act 2002 , under section 16(1F) of that Act, to keep, and make available on a request being made, data relating to transactions in gas supply contracts and gas derivatives with wholesale customers, transmission system operators and storage and LNG operators, or
(e) failure by the holder of a licence under subsection (1)(a), (c) or (d) of section 16 of the Gas (Interim) (Regulation) Act 2002 to comply, under subsection (4A)(b) of that section, with such standards of performance as may be specified by the Commission under subsection (4A)(a) of that section in the licence concerned;
‘inspector’ means a person appointed under section 56(1) to be an inspector for the purposes of this Part;
‘investigation’ means an investigation under section 57(1);
‘investigation report’, in relation to an investigation, means a report in writing prepared, following the completion of the investigation, by the inspector appointed under section 57(2) to carry out the investigation;
‘major sanction’ means—
(a) a direction to a specified body that the specified body pay a sum, as specified in the direction, but not exceeding €50,000, to the Commission, being the whole or a part of the cost to the Commission of an investigation of the specified body,
(b) a direction to a specified body that the specified body pay a sum, as specified in the direction, but not exceeding 10 per cent of the turnover of the specified body, to the Commission by way of a financial penalty for improper conduct, by the specified body, specified in the direction, or
(c) any combination of the sanctions specified in paragraphs (a) and (b);
‘minor sanction’ means—
(a) the issue, to a specified body, of—
(i) advice,
(ii) a caution,
(iii) a warning, or
(iv) a reprimand,
or
(b) any combination of any of the sanctions specified in paragraph (a) ;
‘premises’ includes vessel, aircraft, vehicle and any other means of transport, as well as land and any other fixed or movable structure;
‘specified body’ means a person referred to in any of paragraphs (a) to (e) of the definition in this section of ‘improper conduct’;
‘turnover’ means, in relation to a specified body, the turnover of the body in the financial year of the body ending immediately before the financial year in which the improper conduct took place.
Appointment of inspectors
56. (1) For the purposes of this Part—
(a) the Commission may appoint such members of its staff as it thinks fit to be inspectors for such period and subject to such terms as the Commission may determine,
(b) the Commission may appoint such other persons as it thinks fit to be inspectors for such period and subject to such terms (including terms as to remuneration and allowances for expenses) as the Commission, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, may determine.
(2) Each inspector shall, on his or her appointment, be furnished with a certificate of appointment and, when exercising a power conferred on him or her or performing any function imposed by this Part, shall, if requested by any person thereby affected, produce the certificate or a copy of it, to that person for inspection.
Investigation
57. (1) Where the Commission considers it is necessary to do so for the purpose of the performance of any of the functions conferred on it by or under this Act or any other Act of the Oireachtas, the Commission may cause such investigation as it thinks fit to be carried out to identify any improper conduct by a specified body.
(2) For the purposes of the investigation, the Commission shall appoint an inspector, subject to such terms as it thinks fit—
(a) to carry out the investigation, and
(b) to submit to the Commission an investigation report following the completion of the investigation.
(3) The terms of appointment of an inspector may define the scope of the investigation to be carried out by the inspector, whether as respects the matters or the period to which it is to extend or otherwise, and in particular may limit the investigation to matters connected with particular circumstances.
(4) Where more than one inspector has been appointed to carry out an investigation, the investigation report shall be prepared jointly by the inspectors so appointed and this Part shall, with all necessary modifications, be construed accordingly.
(5) Where the Commission has appointed an inspector to carry out an investigation, the inspector shall, as soon as is practicable after being so appointed—
(a) give notice in writing to the specified body concerned of the matters to which the investigation relates, and
(b) give the specified body—
(i) copies of any documents relevant to the investigation, and
(ii) a copy of this Part,
and
(c) without prejudice to the generality of section 58, afford the specified body an opportunity to respond within 30 days from the date on which it received the notice referred to in paragraph (a), or such further period not exceeding 30 days as the inspector allows, to the matter to which the investigation relates.
Powers of inspectors
58. (1) For the purposes of an investigation, an inspector may—
(a) subject to subsections (13) and (14), at all reasonable times enter, inspect, examine and search any premises at, in or by means of, which any activity of a specified body, authorised by or under any enactment or by any licence or authorisation held by the specified body, is carried on,
(b) subject to subsections (13) and (14), at all reasonable times enter, inspect, examine and search any dwelling occupied by—
(i) a specified body, or
(ii) a director, manager or any member of staff of a specified body,
that carries on an activity referred to in paragraph (a), being a dwelling as respects which there are reasonable grounds to believe records, books, accounts or other documents relating to the carrying on of that activity are being kept in it,
(c) without prejudice to any other power conferred by this subsection, require any person found in or on any premises referred to in any of the preceding paragraphs or any person in charge of or in control of such premises or directing any activity therein referred to in paragraph (a) to produce any records, books, accounts or other documents which it is necessary for the inspector to see for the purposes of the investigation (and the inspector may inspect, examine and copy any such records, books, accounts or other documents so produced or require any such person to provide a copy of them or of any entries in them to the inspector),
(d) require any person referred to in paragraph (c) to afford such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the inspector to exercise any of the powers conferred on the inspector under paragraph (a), (b) or (c),
(e) require any person by whom or on whose behalf data equipment is, or has been, used in connection with an activity referred to in paragraph (a), or any person having charge of, or otherwise concerned with the operation of, such data equipment or any associated apparatus or material, to afford the inspector all reasonable assistance in respect of its use,
(f) require the specified body or the specified body’s employee or agent to give such authority in writing addressed to any bank that the inspector requires for the purpose of enabling the inspection of any account or accounts opened, or caused to be opened, by the specified body at such bank (or any documents relating thereto) and to obtain from such bank copies of such documents relating to such account or accounts for such period or periods as the inspector deems necessary to fulfil that purpose, and
(g) be accompanied by a member of the Garda Síochána if there is reasonable cause to apprehend any serious obstruction in the performance of any of the inspector’s functions under this subsection.
(2) A requirement under subsection (1)(c), (d), (e) or (f) shall specify a period within which, or a date and time on which, the person the subject of the requirement is to comply with it.
(3) For the purposes of an investigation, an inspector—
(a) may require a person who, in the inspector’s opinion—
(i) possesses information that is relevant to the investigation, or
(ii) has any records, books, accounts or other documents within that person’s possession or control or within that person’s procurement that are relevant to the investigation,
to provide that information or those records, books, accounts or other documents, as the case may be, to the inspector, and
(b) where the inspector thinks fit, may require that person to attend before the inspector for the purpose of so providing that information or those records, books, accounts or other documents, as the case may be,
and the person shall comply with the requirement.
(4) A requirement under subsection (3) shall specify—
(a) a period within which, or a date and time on which, the person the subject of the requirement is to comply with it, and
(b) as the inspector concerned thinks fit—
(i) the place at which the person shall attend to give the information concerned or to which the person shall deliver the records, books, accounts or other documents concerned, or
(ii) the place to which the person shall send the information or the records, books, accounts or other documents concerned.
(5) A person required to attend before an inspector under subsection (3) —
(a) is also required to answer fully and truthfully any question put to the person by the inspector, and
(b) if so required by the inspector, shall answer any such question under oath.
(6) Where it appears to an inspector that a person has failed to comply or fully comply with a requirement under subsection (1), (3) or (5), the inspector may, on notice to that person and with the consent of the Commission, apply in a summary manner to the Circuit Court for an order under subsection (7).
(7) Where satisfied after hearing the application about the person’s failure to comply or fully comply with the requirement in question, the Circuit Court may, subject to subsection (10), make an order requiring that person to comply or fully comply, as the case may be, with the requirement within a period specified by the Court.
(8) An application under subsection (6) to the Circuit Court shall be made to a judge of that Court for the circuit in which the person the subject of the application ordinarily resides or carries on any profession, business or occupation.
(9) The administration of an oath referred to in subsection (5)(b) by an inspector is hereby authorised.
(10) A person the subject of a requirement under subsection (1), (3) or (5) shall be entitled to the same immunities and privileges in respect of compliance with such requirement as if the person were a witness before the High Court.
(11) Any statement or admission made by a person pursuant to a requirement under subsection (1), (3) or (5) is not admissible against that person in criminal proceedings other than criminal proceedings for an offence under subsection (17), and this shall be explained to the person in ordinary language by the inspector concerned.
(12) Nothing in this section shall be taken to compel the production by any person of any records, books, accounts or other documents which he or she would be exempt from producing in proceedings in a court on the ground of legal professional privilege.
(13) An inspector shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued under subsection (14) authorising the entry.
(14) A judge of the District Court, if satisfied on the sworn information of an inspector that—
(a) (i) there are reasonable grounds for suspecting that any information is, or records, books, accounts or other documents required by an inspector under this section are, held on any premises or any part of any premises, and
(ii) an inspector, in the performance of functions under subsection (1), has been prevented from entering the premises or any part thereof,
or
(b) it is necessary that the inspector enter a private dwelling and exercise therein any of his or her powers under this section,
may issue a warrant authorising the inspector, accompanied if necessary by other persons, at any time or times within 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any such functions and exercise all or any such powers.
(15) For the purposes of an investigation, an inspector may, if he or she thinks it proper to do so, of his or her own volition or at the request of the specified body to whom the investigation relates, conduct an oral hearing.
(16) Part 1 of Schedule 4 shall have effect for the purposes of an oral hearing referred to in subsection (15).
(17) Subject to subsection (12), a person who—
(a) withholds, destroys, conceals or refuses to provide any information or records, books, accounts or other documents required for the purposes of an investigation,
(b) fails or refuses to comply with any requirement of an inspector under this section, or
(c) otherwise obstructs or hinders an inspector in the performance of functions conferred by or under this Part,
commits an offence and is liable—
(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
(ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.
(18) Subject to subsection (19), where a specified body is convicted summarily of an offence under subsection (17), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that any licence or authorisation held by the specified body be revoked and that the former holder be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from applying for any new licence or authorisation or a particular class of new licence or authorisation.
(19) An order under subsection (18) shall not take effect until—
(a) the ordinary time for bringing an appeal against the conviction concerned or the order has expired without any such appeal having been brought,
(b) such appeal has been withdrawn or abandoned, or
(c) on any such appeal, the conviction or order, as the case may be, is upheld.
(20) Subject to subsection (21), where a specified body is convicted on indictment of an offence under subsection (17), the court shall order that all licences and authorisations held by the specified body be revoked and that the former holder be permanently prohibited from applying for any new licence or authorisation.
(21) An order under subsection (20) shall not take effect until—
(a) the ordinary time for bringing an appeal against the conviction concerned has expired without any such appeal having been brought,
(b) any such appeal has been withdrawn or abandoned, or
(c) on any such appeal, the conviction is upheld.
(22) In this section, ‘records, books, accounts or other documents’ includes copies of records, books, accounts or other documents.
(23) In this section where records, books, accounts or other documents are held or maintained in electronic form, the obligation to produce or provide records, books, accounts or other documents includes an obligation to provide those records, books, accounts or other documents in a legible and comprehensible printed form.
Actions to be taken by inspector upon completion of investigation
59. (1) Subject to subsection (3), where an inspector has completed an investigation, the inspector shall, as soon as is practicable after having considered, in so far as they are relevant to the investigation, any information or records, books, accounts or other documents provided to the inspector pursuant to any requirement under section 58 or any statement or admission made by any person pursuant to any requirement under that section, any submissions made and any evidence presented (whether at an oral hearing referred to in section 58(15) or otherwise)—
(a) prepare a draft of the investigation report, and
(b) give to the specified body to whom the investigation relates—
(i) a copy of the draft of the investigation report,
(ii) a copy of this section, and
(iii) a notice in writing stating that the specified body may, not later than 30 days from the date on which it received the notice, or such further period not exceeding 30 days as the inspector allows, make submissions in writing to the inspector on the draft of the investigation report.
(2) Subject to subsection (3), an inspector who has complied with subsection (1) following the completion of an investigation shall, as soon as is practicable after—
(a) the expiration of the period referred to in subsection (1)(b)(iii), and
(b) having—
(i) considered the submissions (if any) referred to in subsection (1)(b)(iii) made before the expiration of that period on the draft of the investigation report concerned, and
(ii) made any revisions to the draft of the investigation report which, in the opinion of the inspector are warranted following such consideration,
prepare the final form of the investigation report and submit it to the Commission along with any such submissions annexed to the report.
(3) Where an inspector states, whether in a draft of the investigation report or in the final form of the investigation report, that he or she is satisfied that improper conduct by the specified body to whom the investigation relates has occurred or is occurring, the inspector shall not make any recommendation, or express any opinion, in the report as to any major sanction or any minor sanction, as the case may be, that he or she thinks ought to be imposed on the specified body in respect of such improper conduct in the event that the Commission is also satisfied that improper conduct by the specified body has occurred or is occurring.
Actions to be taken by Commission on receipt of investigation report
60. (1) On receipt of an investigation report submitted to it by an inspector in accordance with section 59(2), the Commission shall consider the report and any submissions annexed to it.
(2) Subject to subsection (3), where the Commission has considered an investigation report (and any submissions annexed to it) under subsection (1), the Commission—
(a) if it is satisfied that improper conduct by the specified body to whom the investigation relates has occurred or is occurring, shall, subject to subsection (6) and section 61—
(i) impose a minor sanction on the specified body, or
(ii) impose a major sanction on the specified body,
as it thinks fit in the circumstances of the case,
(b) if it is not satisfied that improper conduct has occurred or is occurring but is of the opinion that a further investigation of the specified body is warranted, shall cause the further investigation to be carried out pursuant to its powers under section 57, or
(c) if it is not satisfied that improper conduct has occurred or is occurring and is not of the opinion that a further investigation of the specified body is warranted, shall take no further action.
(3) Where the Commission has considered an investigation report (and any submissions annexed to it) in accordance with subsection (1), the Commission may, if it considers it proper to do so for the purposes of assisting it to make a decision under subsection (2), or for the purposes of observing fair procedures, for those purposes—
(a) conduct an oral hearing, or
(b) give to the specified body to whom the investigation concerned relates—
(i) a copy of the investigation report, and
(ii) a notice in writing stating that the specified body may, not later than 30 days from the date it received the notice, or such further period not exceeding 30 days as the Commission allows, make submissions in writing to the Commission on the investigation report.
(4) Part 2 of Schedule 4 shall have effect for the purposes of an oral hearing referred to in subsection (3)(a).
(5) The Commission shall, as soon as is practicable after making a decision under subsection (2), give notice in writing of the decision and the reasons for the decision to the specified body to whom the investigation concerned relates and, if subsection (2)(a) applies in the case of that specified body, set out in that notice—
(a) the minor sanction or major sanction imposed on the specified body for the improper conduct specified in the notice in respect of which the Commission is satisfied as referred to in that subsection, and
(b) the reasons for the imposition of such minor sanction or major sanction, as the case may be.
(6) Where subsection (2)(a) applies in the case of a specified body the Commission shall, in deciding the sanction to be imposed on the specified body, take into consideration the matters referred to in section 65.
(7) The Commission may publish particulars, in such form and manner and for such period as it thinks fit, of any imposition of any major sanction or any minor sanction, as the case may be, on a specified body pursuant to a decision confirmed or given under section 62 or 63, as the case may be.
Confirmation of High Court required before decision to impose sanction takes effect
61. A decision under section 60(2) to impose a major sanction on a specified body shall not take effect unless the decision is confirmed by the High Court under section 62 or 63, as the case may be.
Appeal to High Court against decision to impose major sanction
62. (1) A specified body, the subject of a decision under section 60(2)(a) to impose a major sanction, may, not later than 30 days from the date the specified body received the notice under section 60(5), appeal to the High Court against the decision.
(2) The High Court may, on the hearing of an appeal by a specified body under subsection (1), consider any evidence adduced or argument made, whether or not adduced or made to an inspector or the Commission.
(3) Subject to subsection (4), the High Court may, on the hearing of an appeal by a specified body under subsection (1) —
(a) either—
(i) confirm the decision the subject of the appeal, or
(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—
(I) to do either or both of the following:
(A) impose a different major sanction on the specified body;
(B) impose a minor sanction on the specified body,
or
(II) to impose neither a major sanction nor a minor sanction on the specified body,
and
(b) whether paragraph (a)(i) or (ii) is applicable, make such order as to costs as it thinks fit in respect of the appeal.
(4) The High Court shall, for the purposes of subsection (3)(a)(i) or (ii)(I), take into consideration the matters referred to in section 65.
Application to High Court to confirm decision to impose major sanction
63. (1) Where a specified body does not, within the period allowed under section 62(1), appeal to the High Court against a decision under section 60(2)(a) to impose a major sanction on the specified body, the Commission shall, as soon as is practicable after the expiration of that period by motion on notice to the specified body make an application in a summary manner to the High Court for confirmation of the decision.
(2) The High Court shall, on the hearing of an application under subsection (1), confirm the decision under section 60(2)(a) unless the Court considers that there is good reason not to do so.
Provisions supplemental to decisions of High Court
64. (1) The decision of the High Court on an appeal under section 62 or an application made under section 63 is final except that the Commission or the specified body the subject of the decision may, by leave of the Court or the Court of Appeal, appeal against the decision to the Court of Appeal on a specified question of law.
(2) Where the High Court confirms or gives a decision under section 62(3) or 63(2), the Commission shall, as soon as is practicable after the decision is confirmed or given, as the case may be, give notice in writing of the decision to the specified body the subject of the decision.
(3) Any amount specified in paragraph (a) or (b) of the definition of ‘major sanction’ in section 55 due to the Commission pursuant to a decision confirmed or given under section 62(3) or 63(2), as the case may be, by the High Court shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform may direct.
(4) The Commission may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to the Commission pursuant to a decision confirmed or given under section 62(3) or 63(2), as the case may be, by the High Court.
Matters to be considered in determining sanction to be imposed
65. The Commission or the High Court, as appropriate, in considering—
(a) the minor sanction or major sanction to be imposed on a specified body pursuant to section 60(2)(a), or
(b) the minor sanction or major sanction (if any) to be imposed on a specified body pursuant to a decision confirmed or given under section 62(3) or 63(2), as the case may be,
shall take into account the circumstances of the improper conduct concerned (including the factors occasioning it) and, without prejudice to the generality of the foregoing, may have regard to—
(i) the need to ensure that any sanction imposed—
(I) is appropriate and proportionate to the improper conduct, and
(II) if applicable, will act as a sufficient incentive to ensure that any like improper conduct will not occur in the future,
(ii) the seriousness of the improper conduct,
(iii) the turnover of the specified body in the financial year of the body ending in the year immediately before the financial year in which the improper conduct last occurred,
(iv) the extent of any failure by the specified body to co-operate with the investigation concerned of the specified body,
(v) any excuse or explanation by the specified body for the improper conduct or failure to co-operate with the investigation concerned,
(vi) any gain (financial or otherwise) made by the specified body or by any person in which the specified body has a financial interest as a consequence of the improper conduct,
(vii) the amount of any loss suffered or costs incurred as a result of the improper conduct,
(viii) the duration of the improper conduct,
(ix) the repeated occurrence of improper conduct by the specified body,
(x) if applicable, the continuation of the improper conduct after the specified body was notified of the investigation concerned,
(xi) if applicable, the absence, ineffectiveness or repeated failure of internal mechanisms or procedures of the specified body intended to prevent improper conduct from occurring,
(xii) if applicable, the extent and timeliness of any steps taken to end the improper conduct and any steps taken for remedying the consequences of the improper conduct,
(xiii) whether a sanction in respect of like improper conduct has already been imposed on the specified body by a court, the Commission or another person, and
(xiv) any precedents set by a court, the Commission or another person in respect of previous improper conduct.
Powers of Commission
66. The powers conferred on the Commission by this Part are without prejudice to the powers conferred on it by or under this Act or any other Act of the Oireachtas.”.
Oral hearings conducted by inspector or by Commission
6. The Act of 1999 is amended by inserting after Schedule 3 the following:
“SCHEDULE 4
Provisions Applicable to Oral Hearings Conducted Pursuant to Section 58 or 60
Part 1
Oral Hearing Conducted by Inspector Pursuant to Section 58(15)
1. The inspector conducting the oral hearing for the purposes of an investigation may take evidence on oath, and the administration of such an oath by the inspector is authorised.
2. The inspector may by notice in writing require any person to attend the oral hearing at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the investigation or to produce any relevant documents within his or her possession or control or within his or her procurement.
3. Subject to paragraph 4, a person referred to in paragraph 2 may be examined and cross-examined at the oral hearing.
4. A person referred to in paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court.
5. Where a person referred to in paragraph 2 does not comply or fully comply with a requirement referred to in that paragraph, the inspector may apply by way of motion on notice to the Circuit Court, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order.
6. The jurisdiction conferred on the Circuit Court by paragraph 5 may be exercised by the judge of that Court for the circuit in which the person concerned ordinarily resides or carries on any profession, business or occupation.
7. The oral hearing shall be held otherwise than in public.
8. The reasonable travelling and subsistence expenses of any person attending before the inspector in accordance with paragraph 2 shall be paid out of moneys provided by the Commission.
Part 2
Oral Hearing Conducted by Commission Pursuant to Section 60(3)
1. The Commission, in conducting the oral hearing for the purposes of assisting it to make a decision under section 60(2) or for the purposes of observing fair procedures, may take evidence on oath, and the administration of such an oath by any member of the Commission is authorised.
2. The Commission may by notice in writing require any person to attend the oral hearing at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the making of the decision under section 60(2) or to produce any relevant documents within his or her possession or control or within his or her procurement.
3. Subject to paragraph 4, a person referred to in paragraph 2 may be examined and cross-examined at the oral hearing.
4. A person referred to in paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court.
5. Where a person referred to in paragraph 2 does not comply or fully comply with a requirement referred to in that paragraph, the Commission may apply by way of motion on notice to the Circuit Court, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order.
6. The jurisdiction conferred on the Circuit Court by paragraph 5 may be exercised by the judge of that Court for the circuit in which the person concerned ordinarily resides or carries on any profession, business or occupation.
7. The oral hearing shall be held otherwise than in public unless—
(a) the specified body to whom the investigation concerned relates makes a request in writing to the Commission that the hearing (or a part thereof) be held in public and states in the request the reasons for the request, and
(b) the Commission, after considering the request (in particular, the reasons for the request), is satisfied that it would be appropriate to comply with the request.
8. The reasonable travelling and subsistence expenses of any person attending before the Commission in accordance with paragraph 2 shall be paid out of moneys provided by the Commission.”.
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.
Amendment of section 2 of Act of 1999
8. The Act of 1999 is amended in section 2 by substituting the following for the definition of “the Single Electricity Market”:
“ ‘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;”.
Service of notices
9. The following section is substituted for section 4 of the Act of 1999:
“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.”.
Prosecution of offences
10. Section 6 of the Act of 1999 is amended—
(a) in subsection (2) by substituting “2 years” for “12 months”, and
(b) by inserting the following subsections after subsection (3):
“(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.”.
Amendment of section 9 of Act of 1999
11. Section 9 of the Act of 1999 is amended in subsection (1) by substituting the following paragraphs for (m) and (n):
“(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, and
(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 projects.”.
Functions of Commission for Energy Regulation
12. Section 9 of the Act of 1999 is amended by inserting the following subsection after subsection (1F):
“(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 .”.
Increase of penalties
13. The Act of 1999 is amended—
(a) in section 9D(26)(b) by substituting “€50,000” for “€15,000”,
(b) in section 9F(25)(b) by substituting “€50,000” for “€15,000”,
(c) in section 13(2) by substituting “class A fine” for “fine not exceeding £1,500”, and
(d) in section 30(4) by substituting “class A fine” for “fine not exceeding £1,500”.
Authorised officers
14. Section 11 of the Act of 1999 is amended—
(a) by inserting after subsection (3) the following—
“(3A) An appointment under this section as an authorised officer shall cease—
(a) on the revocation by the Commission of the appointment,
(b) if the appointment is for a fixed period, on the expiry of that period, or
(c) if the person appointed ceases to be a member of staff of the Commission, on the date on which he or she so ceases.”,
and
(b) in subsection (6) by substituting “to a class A fine” for “to a fine not exceeding £1,500 or imprisonment for a period not exceeding 12 months or, at the discretion of the District Court, to both such fine and imprisonment.”.
Licences to generate and supply electricity
15. Section 14 of the Act of 1999 is amended by inserting the following subsection after subsection (2L):
“(2M) (a) The Commission may, in carrying out its function under section 9(1F), in a licence under subsection (1)(b), specify such standards of performance and quality in connection with the supply of electricity to final customers as the Commission determines ought to be achieved.
(b) The holder of a licence referred to in paragraph (a) shall comply with such standards of performance as may be specified by the Commission in the licence concerned.”.
Issue of notice by Commission concerning contraventions, etc.
16. Section 24 of the Act of 1999 is amended—
(a) in subsection (1) by inserting “has contravened,” before “may be contravening”,
(b) in subsection (2)(a) —
(i) in subparagraph (i) by inserting “has contravened,” before “may be contravening”, and
(ii) in subparagraph (ii) by inserting “constitute,” before “may constitute”,
(c) by substituting the following for subsection (4):
“(4) On consideration of any representations or objections, the Commission may give a direction to the holder of a licence or an authorisation—
(a) to take such measures as are necessary to cease the contravention or to prevent a future contravention, and
(b) where there has been a contravention, to undertake such remedial actions as are necessary to rectify the situation and to prevent a re-occurrence of the contravention concerned.”,
and
(d) in subsection (10)(a) by substituting “(where the direction or revocation concerned relates to the Single Electricity Market)” for “(where the proposed modification relates to the Single Electricity Market)”.
Determination by Commission of specified breach
17. Section 25 of the Act of 1999 is amended in subsection (2)(a) by substituting “(where the determination relates to the Single Electricity Market)” for “(where the proposed modification relates to the Single Electricity Market)”.
Closure of carbon levy account
18. Section 40M of the Act of 1999 is amended by inserting the following subsection after subsection (6):
“(7) (a) The Minister may give a direction to the Commission to close the account referred to in subsection (1).
(b) The Commission shall—
(i) close the account not later than 45 days after the date of the direction given under paragraph (a), and
(ii) pay moneys (if any) standing to the credit of the account as the Minister may direct under subsection (3).”.
Energy strategy statement
19. Schedule 1 (amended by section 44 of the Water Services (No. 2) Act 2013 ) to the Act of 1999 is amended by inserting the following paragraph after paragraph 25:
“25A. (1) The Commission shall—
(a) not later than 6 months after the coming into operation of section 19 of the Energy Act 2016, prepare and submit to the Minister an energy strategy statement in respect of the period of 3 years immediately following the year in which the energy strategy statement is so submitted, and
(b) not later than 3 months before each third anniversary of the submission to the Minister in accordance with this subparagraph of the energy strategy statement for the time being in effect, prepare and submit to the Minister an energy strategy statement in respect of the period of 3 years immediately following the year in which it is so submitted.
(2) The Minister shall, as soon as is practicable after an energy strategy statement has been submitted to him or her under subparagraph (1), cause a copy thereof to be laid before each House of the Oireachtas.
(3) The Commission shall, as soon as is practicable after copies of an energy strategy statement are laid before both Houses of the Oireachtas in accordance with subparagraph (2), arrange for the energy strategy statement to be published on the internet.
(4) In this section ‘energy strategy statement’ means a statement that—
(a) specifies the key objectives, outputs and related strategies, including use of resources, of the Commission in relation to the performance of its energy and safety functions and those functions not covered by section 41 of the Water Services (No. 2) Act 2013 ,
(b) except for the first energy strategy statement, includes a review of the outcomes and effectiveness of the previous energy strategy statement, and
(c) is prepared in a form and manner that is in accordance with any directions issued from time to time by the Minister.
(5) When preparing an energy strategy statement the Commission may consult such persons or bodies of persons that it considers appropriate.”.
PART 5
Amendments to Gas (Interim) (Regulation) Act 2002
Definition (Part 5)
20. In this Part “Act of 2002” means Gas (Interim) (Regulation) Act 2002 .
Amendment of section 13(1) of Act of 2002
21. Section 13(1) of the Act of 2002 is amended by substituting “section 16(1)(c) and (d) ” for “section 16(1)(a)(iii), (iv), (v) and (vi)”.
Amendment of section 16 of Act of 2002
22. Section 16 of the Act of 2002 is amended by inserting the following subsection after subsection (4):
“(4A) (a) The Commission may, in carrying out its function under section 9(1F) of the Act of 1999, in a licence under subsection (1)(a), (c) or (d), specify such standards of performance and quality in connection with the supply of natural gas to final customers as the Commission determines ought to be achieved.
(b) The holder of a licence referred to in paragraph (a) shall comply with such standards of performance as may be specified by the Commission in the licence concerned.”.
PART 6
Wholesale Energy Market Integrity and Transparency
Amendment of European Union (Wholesale Energy Market Integrity and Transparency) Regulations 2014: penalties
23. (1) In this section “Regulations of 2014” means the European Union (Wholesale Energy Market Integrity and Transparency) Regulations 2014 ( S.I. No. 480 of 2014 ).
(2) A person who commits an offence under Regulation 4 or 5 of the Regulations of 2014 is liable—
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment—
(i) in case the person is an individual, to a fine not exceeding €250,000, or
(ii) in case the person is a body corporate, to a fine not exceeding 10 per cent of turnover.
(3) A market participant (within the meaning of the Regulations of 2014) or other person who commits an offence under Regulation 7 of the Regulations of 2014 is liable—
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment, to a fine not exceeding €250,000.
(4) The Regulations of 2014 are amended—
(a) by deleting Regulation 6, and
(b) by substituting the following for Regulation 7:
“7. A market participant or other person mentioned in Article 8 of the EU Regulation who fails to comply with that Article or with Article 9 of the EU Regulation commits an offence.”.
PART 7
Amendments to Sustainable Energy Act 2002
Definition (Part 7)
24. In this Part “Act of 2002” means Sustainable Energy Act 2002 .
Amendment of section 10 of Act of 2002
25. Section 10 of the Act of 2002 is amended—
(a) in subsection (3) by substituting the following paragraph for paragraph (c):
“(c) environmental matters, including climate change and environmental sustainability, in the person’s capacity as a representative of the commercial or not-for-profit sector or otherwise, as the case may be;”,
(b) by substituting the following subsection for subsection (9):
“(9) Each member of the Board shall be appointed for a period not exceeding 5 years.”,
(c) by substituting the following subsection for subsection (10):
“(10) The Minister in setting a term of appointment under subsection (8) shall consider the need for continuity of membership of the Board.”,
(d) by deleting subsections (11) and (12), and
(e) in subsection (17) by deleting “consecutive”.
Amendment of section 24 of Act of 2002
26. Section 24 of the Act of 2002 is amended by substituting the following subsection for subsection (1):
“(1) The Authority shall submit to the Minister, not later than 30 June in each year, in such form as the Minister may direct, a report of its activities during the immediately preceding financial year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.”.
PART 8
Amendments to National Oil Reserves Agency Act 2007
Definition (Part 8)
27. In this Part “Act of 2007” means National Oil Reserves Agency Act 2007 .
Exchange of information
28. The Act of 2007 is amended by inserting the following section after section 43:
“43A. (1) Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of taxpayer information obtained by or furnished to the Revenue Commissioners for the purposes of the Acts, the Revenue Commissioners may transfer to the Minister taxpayer information, held by them for those purposes, relating to mineral oil brought into the State and declared to the Revenue Commissioners in accordance with excise law.
(2) Taxpayer information transferred to the Minister by the Revenue Commissioners under subsection (1) may be used only by the Minister in the exercise of his or her powers and functions, relating to the administration of the levy, under this Act or any regulations made under this Act and shall not be disclosed by the Minister to any other person for any other purpose whatsoever.
(3) Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to the Minister, the Minister may transfer to the Revenue Commissioners information, relating to mineral oil brought into the State, furnished to the Minister by oil companies and oil consumers under section 59 and any regulations made under that section for the purposes of this Act.
(4) Information transferred to the Revenue Commissioners by the Minister under section (3) may be used only by the Revenue Commissioners in the exercise of their powers under the Acts and shall not be disclosed by the Revenue Commissioners to any other person for any other purpose whatsoever.
(5) In this section—
‘excise law’ means the statutes and the instruments made under statute that relate to the duties of excise or the management of those duties;
‘mineral oil’ has the meaning given to it by section 94 of the Finance Act 1999 ;
‘taxpayer information’ has the meaning given to it by section 851A of the Taxes Consolidation Act 1997 ;
‘the Acts’ has the meaning given to it by section 1078 of the Taxes Consolidation Act 1997 .”.
Amendment of section 44A of Act of 2007
29. Section 44A of the Act of 2007 is amended by inserting the following definition:
“ ‘reporting period’, in respect of each obligation period, means a period of 3 consecutive months beginning on 1 January, 1 April, 1 July and 1 October;”.
Amendment of section 44G of Act of 2007
30. Section 44G of the Act of 2007 is amended—
(a) in subsection (1) by substituting “reporting period” for “obligation period”,
(b) by inserting the following subsection after subsection (2):
“(2A) (a) The Agency shall, in respect of each reporting period, make a determination specifying the closing date for the submission to it of applications for biofuel obligation certificates.
(b) The Agency shall publish a determination under paragraph (a) on its website as soon as is practicable after the date of its making.”,
and
(c) by substituting the following subsection for subsection (3):
“(3) An application for a biofuel obligation certificate may be made at any time during the reporting period in which the biofuel was disposed of as referred to in subsection (1) but in any case not later than the closing date specified in respect of the reporting period concerned in a determination made under subsection (2A).”.
Amendment of section 44H of Act of 2007
31. Section 44H of the Act of 2007 is amended—
(a) by substituting the following subsection for subsection (1):
“(1) The Agency shall give to each biofuel obligation account holder, not later than the date specified in respect of the reporting period concerned in a determination made under subsection (3A), a statement in such form as the Agency determines specifying—
(a) the number of biofuel obligation certificates (if any) held to the credit of the biofuel obligation account concerned on the date of the statement,
(b) the date of each such certificate, and
(c) such other particulars relating to each such certificate as the Agency determines.”,
(b) by deleting subsection (2), and
(c) by inserting the following subsection after subsection (3):
“(3A) (a) The Agency shall, in respect of each reporting period, make a determination specifying the date by which it shall issue—
(i) a statement referred to in subsection (1), and
(ii) a statement referred to in subsection (3).
(b) The Agency shall publish a determination under paragraph (a) on its website as soon as is practicable after the date of its making.”.
Amendment of section 44I of Act of 2007
32. Section 44I of the Act of 2007 is amended by substituting “75 days” for “35 days”.
PART 9
Miscellaneous
Amendment of section 72(4) of Registration of Title Act 1964
33. Section 72 (4) of the Registration of Title Act 1964 is amended by substituting the following paragraph for paragraph (b):
“(b) is intended to be used, or is used, in providing either or both of the following:
(i) a pipeline for the transmission of gas;
(ii) ducts, cables, pipes or conduits for any other purpose where such purpose is expressed in an agreement described in paragraph (a) (whether such agreement is made before or after the coming into operation of section 33 of the Energy Act 2016),
and”.
Amendment of section 6 of Continental Shelf Act 1968
34. Section 6 (inserted by section 23 of the Petroleum (Exploration and Extraction) Safety Act 2015 ) is amended by renumbering subsection (2) (where it secondly occurs) and subsection (3) as subsection (3) and subsection (4) respectively.
1OJ No. L176, 15.7.2003, p.37
2OJ No. L211, 14.8.2009, p.15
3OJ No. L326, 8.12.2011, p.1
4OJ No. L211, 14.8.2009, p.15
2
S.I. No. 76/2022 –
European Union (Renewable Energy) Regulations 2022
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 25th February, 2022.
I, EAMON RYAN, Minister for the Environment, Climate and Communications, 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 effect to Articles 21 and 22 of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 20181 and Articles 15 and 16 of Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 20192 , hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Union (Renewable Energy) Regulations 2022.
Interpretation
2. (1) In these Regulations –
“Act of 1999” means the Electricity Regulation Act 1999 (No. 23 of 1999);
“active customer” means a final customer, or a group of jointly acting final customers, who consumes or stores electricity generated within its premises located within confined boundaries or, where so provided for in rules made by the Commission in that regard under Regulation 10, within other premises, or who sells self-generated electricity or participates in flexibility or energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;
“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;
“balance responsible party” has the meaning assigned to it by Article 2 of the Internal Market for Electricity Regulation;
“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;
“Commission” means the Commission for Regulation of Utilities;
“control” means any rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by –
(a) ownership or the right to use all or part of the assets of an undertaking, or
(b) rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking;
“Directive” means Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 20181 ;
“distribution system operator” means the holder of a licence under section 14(1)(g) of the Act of 1999;
“electricity markets” means markets for electricity, including over-the-counter markets and electricity exchanges, markets for the trading of energy, capacity, balancing and ancillary services in all time-frames, including forward, day-ahead and intraday markets;
“energy from renewable sources” or “renewable energy” means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) and geothermal energy, ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogas;
“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;
“energy storage facility” means, in the electricity system, a facility where energy storage occurs;
“final customer” means a customer who purchases electricity for own use;
“household customer” means a customer who purchases electricity for the customer’s own household consumption, excluding commercial or professional activities;
“Internal Market for Electricity Directive” means Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 20192 ;
“Internal Market for Electricity Regulation” means Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 20193 on the internal market for electricity;
“jointly acting renewables self-consumers” means a group of not fewer than 2 jointly acting renewables self-consumers who are located in the same building or multi-apartment block;
“local authority” means a local authority within the meaning of section 2(1) of the Local Government Act 2001 (No. 37 of 2001);
“market participant” means a market participant as defined in Regulation 2(25) of the Internal Market for Electricity Regulation;
“Minister” means the Minister for the Environment, Climate and Communications;
“non-household customer” means a natural or legal person who purchases electricity that is not for own household use, including producers, industrial customers, small and medium-sized enterprises, businesses and wholesale customers;
“peer-to-peer trading of renewable energy” means the sale of renewable energy between market participants by means of a contract with pre-determined conditions governing the automated execution and settlement of the transaction directly between participants or indirectly through a certified third party market participant, such as an aggregator. The right to conduct peer-to-peer trading shall be without prejudice to the rights and obligations of the parties involved as final customers, generators, suppliers or aggregators;
“producer” means a natural or legal person who generates electricity;
“renewable energy community” means a legal entity –
(a) which is based on open and voluntary participation, is autonomous, and is effectively controlled by shareholders or members that are located in the proximity of the renewable energy projects that are owned and developed by that legal entity,
(b) the shareholders or members of which are natural persons, SMEs or local authorities, and
(c) the primary purpose of which is to provide environmental, economic or social community benefits for its shareholders or members or for the local areas where it operates, rather than financial profits;
“renewables power purchase agreement” means a contract under which a natural or legal person agrees to purchase renewable electricity directly from an electricity producer;
“renewables self-consumer” means a final customer operating within its premises located within confined boundaries or, where so provided for in rules made by the Commission in that regard under Regulation 10, within other premises, who generates renewable electricity for its own consumption, and may store and sell self-generated renewable electricity, provided that, for non-household renewables self-consumers, those activities do not constitute their primary commercial or professional activity;
“SEAI” means the Sustainable Energy Authority of Ireland;
“small enterprise” means an enterprise which employs fewer than 50 persons and whose annual turnover or annual balance sheet, or both, does not exceed Eur10,000,000;
“SME” means a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC4 ;
“supply” means the sale, including the re-sale, of electricity to customers;
“support scheme” means any instrument, scheme or mechanism established by the Minister that promotes the use of energy from renewable sources by reducing the cost of that energy, increasing the price at which it can be sold, or increasing, by means of a renewable energy obligation or by other means, the volume of such energy purchased, and includes, but is not limited to, investment aid, tax exemptions or tax reductions, tax refunds, renewable energy obligation support schemes including those using green certificates, and direct price support schemes including feed-in tariffs and sliding or fixed premium payments;
(2) A word or expression that is used in these Regulations and is also used in the Directive or the Internal Market for Electricity Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive or Internal Market for Electricity Directive, as the case may be.
Active Customers
3. (1) Final customers may act as active customers.
(2) Active customers –
(a) shall not be subject to disproportionate or discriminatory technical requirements, administrative requirements, procedures and charges or to network charges that are not cost-reflective,
(b) may operate either directly or through aggregation,
(c) may sell self-generated electricity, including through power purchase agreements,
(d) may participate in flexibility schemes and energy efficiency schemes,
(e) may delegate to a third party the management of the installations required for their activities, including installation, operation, data handling and maintenance, without that third party being considered to be an active customer,
(f) shall be subject to cost-reflective, transparent and non-discriminatory network charges that account separately for the electricity fed into the grid and the electricity consumed from the grid, in accordance with section 35(8) of the Act of 1999 and Article 18 of the Internal Market for Electricity Regulation, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the system, and
(g) shall be financially responsible for any imbalances they cause in the electricity system; to that extent they shall be balance responsible parties or shall delegate their balancing responsibility in accordance with Article 5 of the Internal Market for Electricity Regulation.
(3) Active customers that own an energy storage facility –
(a) shall, subject to and in accordance with section 34 of the Act of 1999, be offered connection to the transmission or distribution system within a reasonable time after making an application under and in accordance with that section,
(b) shall not be subject to any double charges, including network charges, for stored electricity remaining within their premises or when providing flexibility services to system operators,
(c) shall not be subject to disproportionate licensing requirements or fees, and
(d) may provide several services simultaneously, if technically feasible.
(4) The Commission shall take all steps necessary to give effect to paragraphs (1) to (3).
Renewables self-consumers
4. (1) Renewables self-consumers, individually or through aggregators –
(a) may generate renewable energy, including for their own consumption, store and sell their excess production of renewable electricity, including through power purchase agreements, electricity suppliers and peer-to-peer trading arrangements, without being subject –
(i) in relation to the electricity they consume from, or feed into, the grid, to discriminatory or disproportionate procedures and charges and to network charges that are not cost-reflective, and
(ii) in relation to their self-generated renewable electricity which remains within their premises, to discriminatory or disproportionate procedures and any charges or fees,
(b) may install and operate electricity storage systems combined with installations generating renewable electricity for self-consumption without liability for any double charge, including grid fees for stored electricity which remains within their premises,
(c) shall maintain their rights and obligations as final consumers, and
(d) may receive a remuneration, including where applicable through support schemes pursuant to section 39 of the Act of 1999, for the self-generated renewable electricity they feed into the grid which reflects the market value and may take into account the long-term value of the electricity fed into the grid, the environment and society.
(2) The Commission may apply non-discriminatory and proportionate charges and fees to renewables self-consumers, in relation to their self-generated renewable electricity which remains within their premises –
(a) if the electricity produced by the renewables self-consumer is effectively supported through support schemes, only to the extent that the economic viability of the renewable energy project installed by the renewable self-consumer and incentive effect of such support are not undermined,
(b) from 1 December 2026, if the overall share of renewable self-consumption installations exceeds 8% of total installed electricity capacity, the Commission may perform a cost-benefit analysis through an open, transparent and participatory process and if the result of this analysis demonstrates that the provision set out in paragraph (1)(a)(ii) resulted in significant disproportionate burden on the long-term financial sustainability of the electric system or creates an incentive exceeding what it is objectively needed to achieve cost-effective deployment of renewable energy and that such impact could not be minimised by taking other reasonable actions, or
(c) if the electricity is produced in installations with a total installed electrical capacity of more than 30 kW.
(3) Renewables self-consumers located in the same building, including multi-apartment blocks, may engage jointly in activities set out in paragraph (1) and may arrange sharing of renewable energy that is produced on their site or sites between themselves, without prejudice to grid costs and other relevant charges, levies and taxes that may apply in respect of each renewables self-consumer.
(4) The Commission shall take all steps necessary to give effect to paragraphs (1) to (3).
(5) A renewables self-consumer’s installation may be owned by a third party or it may be managed by a third party for installation, operation, including metering, and maintenance, provided that the third party is subject to the renewables self-consumer’s instructions. The third party shall not itself be considered a renewables self-consumer.
(6) For the purposes of paragraph (5), “metering” does not include metering by a meter operated by the distribution system operator.
Enabling framework for renewable self-consumers
5. (1) The Commission and the SEAI shall design and establish a framework in accordance with paragraph (2) or (3), as appropriate, and the frameworks so designed and established shall, together, comprise an enabling framework to promote and facilitate the development of renewables self-consumption based on an assessment of the existing unjustified barriers to, and the potential of, renewables self-consumption in energy networks.
(2) The framework designed and established by the Commission under paragraph (1) shall –
(a) address accessibility of renewables self-consumption to all final customers, including those in low-income or vulnerable households,
(b) address unjustified barriers to the financing of projects in the market and measures to facilitate access to finance,
(c) address other unjustified regulatory barriers to renewables self-consumption, including for tenants,
(d) grant renewables self-consumers for self-generated renewable electricity they feed into the grid, non-discriminatory access to –
(i) relevant support schemes in place pursuant to section 39 of the Act of 1999, and
(ii) all electricity market segments,
and
(e) ensure that renewables self-consumers contribute in an adequate and balanced way to the overall cost sharing of the system when electricity is injected into the grid.
(3) The framework designed and established by the SEAI under paragraph (1) shall address incentives to building owners to create opportunities for self-consumption, including for tenants.
(4) The SEAI shall assist the Commission in designing and establishing its framework in accordance with paragraph (2) in so far as the matters referred to in subparagraphs (a) and (b) of that paragraph are concerned.
(5) This Regulation shall apply without prejudice to Articles 107 and 108 of the Treaty on the Functioning of the European Union.
Framework relating to remuneration of renewable self-consumers
6. (1) The Commission shall design and establish a framework to give effect to Regulation 4(1)(d).
(2) Under the framework referred to in paragraph (1), the Commission –
(a) shall establish arrangements for the remuneration of renewables self-consumers in respect of self-generated renewable electricity which is fed into the grid by those renewables self-consumers,
(b) may publish a minimum export tariff, to be paid to renewables self-consumers, to fairly reflect the market value of the volume of electricity they feed into the grid,
(c) shall establish eligibility criteria for renewables self-consumers to receive remuneration for electricity that they feed into the grid,
(d) may determine a methodology to calculate the estimated volumes of renewable electricity to be eligible for remuneration for renewables self-consumers, in the absence of metered export volumes, and
(e) shall ensure that the arrangements for the remuneration of renewables self-consumers are based on fair and transparent processes.
(3) The Commission shall carry out a review of the framework referred to in paragraph (1) 12 months after the establishment of the framework.
(4) The Commission may, on the conclusion of the review referred to in paragraph (3), amend the framework.
(5) Notwithstanding paragraphs (3) and (4), the Commission may, at any time review and amend the framework referred to in paragraph (1).
Citizen energy communities
7. (1) The Commission shall design and establish an enabling regulatory framework for citizen energy communities which ensures that –
(a) participation in a citizen energy community is open and voluntary,
(b) members or shareholders of a citizen energy community are entitled to leave a community, in which case Regulation 13 of the European Union (Internal Market for Electricity) Regulations 2022 ( S.I. No. 20 of 2022 ) applies,
(c) members or shareholders of a citizen energy community do not lose their rights and obligations as household customers or active customers,
(d) subject to fair compensation as assessed by the Commission, relevant distribution system operators cooperate with citizen energy communities to facilitate electricity transfers within citizen energy communities,
(e) citizen energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to registration and licensing, and to transparent, non-discriminatory and cost reflective network charges in accordance with Article 18 of the Internal Market for Electricity Regulation, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the system.
(2) The enabling regulatory framework referred to in paragraph (1) may provide that citizen energy communities are open to cross-border participation.
(3) Citizen energy communities –
(a) may access all electricity markets, either directly or through aggregation, in a non-discriminatory manner,
(b) shall be treated in a non-discriminatory and proportionate manner with regard to their activities, rights and obligations as final customers, producers, suppliers, distribution system operators or market participants engaged in aggregation,
(c) shall be financially responsible for the imbalances they cause in the electricity system; to that extent they shall be balance responsible parties or shall delegate their balancing responsibility in accordance with Article 5 of the Internal Market for Electricity Regulation,
(d) with regard to consumption of self-generated electricity, shall be treated like active customers in accordance with Regulation 3(2)(f), and
(e) may arrange within the citizen energy community the sharing of electricity that is produced by the production units owned by the community, subject to the other requirements of this Regulation and subject to the community members retaining their rights and obligations as final customers.
(4) For the purposes of paragraph (3)(e), where electricity is shared, this shall be without prejudice to applicable network charges, tariffs and levies, in accordance with a transparent cost-benefit analysis of distributed energy resources developed by the Commission.
(5) The Commission shall take all steps necessary to give effect to paragraph (3).
Renewable energy communities
8. (1) Final customers, in particular household customers, may participate in a renewable energy community while maintaining their rights or obligations as final customers, and shall not be subject to unjustified or discriminatory conditions or procedures that would prevent their participation in a renewable energy community, provided that for private undertakings, their participation does not constitute their primary commercial or professional activity.
(2) Renewable energy communities may –
(a) produce, consume, store and sell renewable energy, including through renewables power purchase agreements,
(b) share, within the renewable energy community, renewable energy that is produced by the production units owned by that renewable energy community, subject to the other requirements of this Regulation and to maintaining the rights and obligations of the renewable energy community members as customers, and
(c) access all suitable energy markets both directly or through aggregation in a non-discriminatory manner.
(3) The Minister shall carry out an assessment of the existing barriers and potential of development of renewable energy communities.
(4) The Commission shall take all steps necessary to give effect to paragraph (2).
(5) Without prejudice to Articles 107 and 108 of the Treaty on the Functioning of the European Union, the Minister shall take into account specificities of renewable energy communities when designing support schemes in order to allow them to compete for support on an equal footing with other market participants.
Enabling framework for renewable energy communities
9. (1) The Commission and the SEAI shall design and establish a framework in accordance with paragraph (2) or (3), as appropriate, and the frameworks so designed and established shall, together, comprise an enabling framework to promote and facilitate the development of renewable energy communities.
(2) The framework designed and established by the Commission under paragraph (1) shall ensure that –
(a) unjustified regulatory and administrative barriers to renewable energy communities are removed,
(b) renewable energy communities that supply energy or provide aggregation or other commercial energy services are subject to the provisions relevant for such activities,
(c) the relevant distribution system operator cooperates with renewable energy communities to facilitate energy transfers within renewable energy communities,
(d) renewable energy communities are subject to fair, proportionate and transparent procedures, including registration and licensing procedures, and cost-reflective network charges, as well as relevant charges, levies and taxes, ensuring that they contribute, in an adequate, fair and balanced way, to the overall cost sharing of the system in line with a transparent cost-benefit analysis of distributed energy sources developed by the Commission,
(e) renewable energy communities are not subject to discriminatory treatment with regard to their activities, rights and obligations as final customers, producers, suppliers, distribution system operators, or as other market participants,
(f) regulatory support is provided to public authorities in enabling and setting up renewable energy communities, and in helping authorities to participate directly,
(g) rules to secure the equal and non-discriminatory treatment of consumers that participate in the renewable energy community are in place, and
(h) participation in the renewable energy communities is accessible to all consumers, including those in low-income or vulnerable households.
(3) The framework designed and established by the SEAI under paragraph (1) shall ensure that –
(a) tools to facilitate access to finance and information by renewable energy communities are available, and
(b) capacity-building support is provided to public authorities in enabling and setting up renewable energy communities, and in helping authorities to participate directly.
Determining proximity and confined boundaries
10. (1) The Commission may make rules in relation to the determination of confined boundaries in respect of renewable self-consumers and active consumers.
(2) In making the rules referred to in paragraph (1), the Commission may also specify other premises outside the confined boundaries where renewable self-consumers and active consumers may consume, store, or sell self-generated electricity or participate in flexibility or energy efficiency schemes.
(3) The Commission may make rules on the determination of confined boundaries in respect of jointly acting renewables self-consumers, including for multi-apartment blocks.
(4) The Commission may make rules on the determination of proximity in respect of renewable energy communities.
(5) In making rules under this Regulation, the Commission shall ensure that to the extent to which there is a difference in the treatment of jointly-acting active customers and active customers who are not jointly-acting, that difference is proportionate and justified.
(6) The Commission shall publish the rules referred to in paragraphs (1) to (4) in such a manner and form as it considers appropriate.
Amendments to Act of 1999
11. Section 9(1) of the Act of 1999 is amended –
(a) in paragraph (u), by the substitution of “network” for “network, and”,
(b) in paragraph (v), by the substitution of “licensing,” for “licensing, and”,
(c) in paragraph (w), by the substitution of “policy, and” for “policy”, and
(d) by the insertion of the following paragraph after paragraph (w):
“(x) to perform its functions under the European Union (Renewable Energy) Regulations 2022 ( S.I. No. 76 of 2022 ).”.
Amendments to Sustainable Energy Act 2002
12. Section 6(1) of the Sustainable Energy Act 2002 (No. 2 of 2002) is amended –
(a) in paragraph (f), by the substitution of “subsection,” for “subsection.”, and
(b) by the insertion of the following paragraph after paragraph (f):
“(g) to design and establish frameworks under and in accordance with Regulations 5 and 9 of the European Union (Renewable Energy) Regulations 2022 ( S.I. No. 76 of 2022 ) and to provide assistance to the Commission for Regulation of Utilities in accordance with Regulation 5(4) of those Regulations.”.
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GIVEN under my Official Seal,
15 February 2022.
EAMON RYAN
Minister for the Environment, Climate and Communications.
1 O.J. No. L. 328, 21.12.2018, p. 82.
2 O.J. No. L. 158, 14.6.2019, p. 125.
1 O.J. No. L. 328, 21.12.2018, p. 82.
2 O.J. No. L. 158, 14.6.2019, p. 125.
3 O.J. No. L. 158, 14.6.2019, p. 54-124.
4 O.J. No. L.124, 20.5.2003, p. 36.
S.I. No. 158/2012 –
Sustainable Energy Act 2002 (Section 8(2)) (Conferral of Additional Functions – Renewable Energy) Order 2012.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 25th May, 2012.
I, PAT RABBITTE, Minister for Communications, Energy and National Resources, in exercise of the powers conferred on me by section 8 (2) of the Sustainable Energy Act 2002 (No. 2 of 2002), having consulted with the Minister for Public Expenditure and Reform and the Sustainable Energy Authority of Ireland, and for the purpose of giving effect to Articles 13(3), 13(6), 14, and 21(1) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 20091 , hereby order as follows:
1. This Order may be cited as the Sustainable Energy Act 2002 (Section 8(2)) (Conferral of Additional Functions — Renewable Energy) Order 2012.
2. In this Order—
“SEAI” means the Sustainable Energy Authority of Ireland;
“biomass” has the meaning assigned to it by section 44A(1) (inserted by section 3 of the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (No. 11 of 2010)) of the National Oil Reserves Agency Act 2007 (No. 7 of 2007);
“Commission Decision” means Commission Decision 2007/742/EC of 9 November 20072 establishing the ecological criteria for the award of the Community eco-label to electrically driven, gas driven or gas absorption heat pumps;
“conversion technologies” means technologies that allow for the release of energy directly from biomass, in the form of heat, electricity or motive force, or convert biomass to another form such as liquid or gas;
“Directive” means Directive 2009/28/EC of the European Parliament and of the Council of 23 April 20091 on the promotion of the use of energy from renewable sources;
“district heating” or “district cooling” means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings or sites, for the use of space or process heating or cooling;
“energy from renewable sources” has the meaning assigned to it by Article 2 of the Directive;
“heat pump” means a device or installation that extracts heat at low temperature from air, water or earth and supplies heat at a higher temperature.
3. The following additional functions in relation to renewable energy are conferred on SEAI:
(a) to liaise with relevant persons to ensure in so far as is reasonable that by 31 December 2012 certification schemes or equivalent qualification schemes for installers of small-scale biomass boilers or stoves, solar photovoltaic and solar thermal systems, shallow geothermal systems and heat pumps become or are made available;
(b) to provide information to the public on—
(i) support measures for energy from renewable sources introduced by the Government,
(ii) the availability and environmental benefits of all different renewable sources of energy for transport,
(iii) the net benefits, cost and energy efficiency of equipment and systems for the use of heating, cooling and electricity from renewable sources,
(iv) certification schemes or qualification schemes referred to in paragraph (a), and
(v) the list of installers who are qualified or certified in accordance with the provisions referred to in paragraph (a);
(c) to make guidance publicly available to all relevant persons, in particular planners and architects, in relation to the optimal combination of energy from renewable sources, of high-efficiency technologies and of district heating and cooling in the planning, designing, building and renovating of industrial or residential areas;
(d) to encourage, where appropriate, local and regional bodies to include heating and cooling from renewable sources in urban infrastructure planning;
(e) to develop, with the participation, where appropriate, of local and regional bodies, information, awareness-raising, guidance or training programmes or both in order to inform the public of the benefits and practicalities of developing and using energy from renewable sources;
(f) to promote:
(i) conversion technologies for biomass that achieve a conversion efficiency of at least 85 per cent for residential and commercial applications and at least 70 per cent for industrial applications;
(ii) heat pumps that fulfil the minimum requirements of eco-labelling established in the Commission Decision;
(iii) certified equipment and systems based on European standards where these exist, including eco-labels, energy labels and other technical reference systems established by the European standardisation bodies, for solar thermal energy.
4. SEAI shall perform the additional functions conferred on it by this Order in accordance with the Directive.
5. This Order revokes Statutory Instrument 148 of 2011.
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GIVEN under my Official Seal,
11 May 2012.
PAT RABBITTE,
Minister for Communications, Energy and Natural Resources.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This S.I. pertains to the conferral of additional functions on the Sustainable Energy Authority of Ireland (SEAI). The functions being assigned to SEAI relate to requirements under the Renewable Energy Directive 2009/28/EC concerning renewable energy related information and training; promotion and encouragement of renewable energy use by public bodies; and promotion of certain renewable technologies.
1 OJ No. L140, 5.6.2009, p.16
2 OJ No. L301, 20.11.2007, p.14
S.I. No. 482/2014 –
Sustainable Energy Act 2002 (Conferral of Additional Functions – Renewable Energy) (Amendment) Order 2014.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 28th October, 2014.
I, ALEX WHITE, Minister for Communications, Energy and National Resources, in exercise of the powers conferred on me by section 8 (2) of the Sustainable Energy Act 2002 (No. 2 of 2002), after consultation with the Sustainable Energy Authority of Ireland and the Minister for Public Expenditure and Reform, and for the purpose of giving effect to Article 14(3) of and Annex IV to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 20091 , hereby order as follows:
1. This Order may be cited as the Sustainable Energy Act 2002 (Conferral of Additional Functions — Renewable Energy)(Amendment) Order 2014.
2. The Sustainable Energy Act 2002 (Section 8(2)) (Conferral of Additional Functions — Renewable Energy) Order 2012 ( S.I. No. 158 of 2012 ) is amended —
(a) in Article 3, by substituting for paragraph (a) the following:
“(a) to liaise with relevant persons to ensure in so far as is reasonable that by 31 December 2012 certification schemes or equivalent qualification schemes for installers of small-scale biomass boilers or stoves, solar photovoltaic and solar thermal systems, shallow geothermal systems and heat pumps become or are made available and are based on the criteria in the Schedule;
(aa) to ensure that certificates awarded by other Member States and which are in accordance with the criteria in the Schedule are recognised;”,
and
(b) by inserting the following Schedule:
“ScheduleCertification of installers
The certification schemes or equivalent qualification schemes referred to in Article 3(a) shall be based on the following criteria:
1. The certification or qualification process shall be transparent and clearly defined by SEAI.
2. Biomass, heat pump, shallow geothermal and solar photovoltaic and solar thermal installers shall be certified by an accredited training programme or training provider.
3. The accreditation of the training programme or provider shall be effected by SEAI. SEAI shall ensure that the training programme offered by the training provider has continuity and regional or national coverage. The training provider shall have adequate technical facilities to provide practical training, including some laboratory equipment or corresponding facilities to provide practical training. The training provider shall also offer in addition to the basic training, shorter refresher courses on topical issues, including on new technologies, to enable life-long learning in installations. The training provider may be the manufacturer of the equipment or system, institutes or associations.
4. The training leading to installer certification or qualification shall include both theoretical and practical parts. At the end of the training, the installer must have the skills required to install the relevant equipment and systems to meet the performance and reliability needs of the customer, incorporate quality craftsmanship, and comply with all applicable codes and standards, including energy and eco-labelling.
5. The training course shall end with an examination leading to a certificate or qualification. The examination shall include a practical assessment of successfully installing biomass boilers or stoves, heat pumps, shallow geothermal installations, solar photovoltaic or solar thermal installations.
6. The certification schemes or equivalent qualification schemes referred to in Article 3(a) shall take due account of the following guidelines:
(a) accredited training programmes should be offered to installers with work experience, who have undergone, or are undergoing, the following types of training—
(i) in the case of biomass boiler and stove installers, training as a plumber, pipe fitter, heating engineer or technician of sanitary and heating or cooling equipment as a prerequisite,
(ii) in the case of heat pump installers, training as a plumber or refrigeration engineer and have basic electrical and plumbing skills (cutting pipe, soldering pipe joints, gluing pipe joints, lagging, sealing fittings, testing for leaks and installation of heating or cooling systems) as a prerequisite, and
(iii) in the case of a solar photovoltaic or solar thermal installer, training as a plumber or electrician and have plumbing, electrical and roofing skills, including knowledge of soldering pipe joints, gluing pipe joints, sealing fittings, testing for plumbing leaks, ability to connect wiring, familiar with basic roof materials, flashing and sealing methods as a prerequisite, or
(iv) a vocational training scheme to provide an installer with adequate skills corresponding to a three years education in the skills referred to in paragraph (a), (b) or (c) including both classroom and workplace learning;
(b) the theoretical part of the biomass stove and boiler installer training should give an overview of the market situation of biomass and cover ecological aspects, biomass fuels, logistics, fire protection, related subsidies, combustion techniques, firing systems, optimal hydraulic solutions, cost and profitability comparison as well as the design, installation, and maintenance of biomass boilers and stoves. The training should also provide good knowledge of any European standards for technology and biomass fuels, such as pellets, and biomass related Irish and European Union law;
(c) the theoretical part of the heat pump installer training should give an overview of the market situation for heat pumps and cover geothermal resources and ground source temperatures of different regions, soil and rock identification for thermal conductivity, regulations on using geothermal resources, feasibility of using heat pumps in buildings and determining the most suitable heat pump system, and knowledge about their technical requirements, safety, air filtering, connection with the heat source and system layout. The training should also provide good knowledge of any European standards for heat pumps, and of relevant Irish and European Union law. The installer should demonstrate the following key competences —
(i) a basic understanding of the physical and operation principles of a heat pump, including characteristics of the heat pump circle: context between low temperatures of the heat sink, high temperatures of the heat source, and the efficiency of the system, determination of the coefficient of performance (COP) and seasonal performance factor (SPF),
(ii) an understanding of the components and their function within a heat pump circle, including the compressor, expansion valve, evaporator, condenser, fixtures and fittings, lubricating oil, refrigerant, superheating and sub-cooling and cooling possibilities with heat pumps, and
(iii) the ability to choose and size the components in typical installation situations, including determining the typical values of the heat load of different buildings and for hot water production based on energy consumption, determining the capacity of the heat pump on the heat load for hot water production, on the storage mass of the building and on interruptible current supply; determine buffer tank component and its volume and integration of a second heating system;
(d) the theoretical part of the solar photovoltaic and solar thermal installer training should give an overview of the market situation of solar products and cost and profitability comparisons, and cover ecological aspects, components, characteristics and dimensioning of solar systems, selection of accurate systems and dimensioning of components, determination of the heat demand, fire protection, related subsidies, as well as the design, installation, and maintenance of solar photovoltaic and solar thermal installations. The training should also provide good knowledge of any European standards for technology, and certification such as Solar Keymark, and related Irish and European Union law. The installer should demonstrate the following key competences—
(i) the ability to work safely using the required tools and equipment and implementing safety codes and standards and identify plumbing, electrical and other hazards associated with solar installations,
(ii) the ability to identify systems and their components specific to active and passive systems, including the mechanical design, and determine the components’ location and system layout and configuration,
(iii) the ability to determine the required installation area, orientation and tilt for the solar photovoltaic and solar water heater, taking account of shading, solar access, structural integrity, the appropriateness of the installation for the building or the climate and identify different installation methods suitable for roof types and the balance of system equipment required for the installation, and
(iv) for solar photovoltaic systems in particular, the ability to adapt the electrical design, including determining design currents, selecting appropriate conductor types and ratings for each electrical circuit, determining appropriate size, ratings and locations for all associated equipment and subsystems and selecting an appropriate interconnection point;
(e) the installer certification should be time restricted, so that a refresher seminar or event would be necessary for continued certification.”.
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GIVEN under my Official Seal,
23 October 2014.
ALEX WHITE,
Minister for Communications, Energy and Natural Resources.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This S.I. pertains to the conferral of additional functions on the Sustainable Energy Authority of Ireland (SEAI). The functions being assigned to SEAI relate to requirements under Annex IV to the Renewable Energy Directive 2009/28/EC concerning certification schemes for installers of small-scale biomass boilers and stoves, solar photovoltaic and solar thermal systems, shallow geothermal systems and heat pumps.
1 OJ No. L140, 5.6.2009, p.16
S.I. No. 668/2022 –
Sustainable Energy Act 2002 (Conferral of Additional Functions Energy Efficiency) Order 2022
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 20th December, 2022.
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 8 (2) of the Sustainable Energy Act 2002 (No. 2 of 2002), having consulted with the Minister for Public Expenditure and Reform, the Minister for Enterprise, Trade and Employment and the Sustainable Energy Authority of Ireland, and for the purpose of giving effect to Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 20191 , hereby order as follows:
1. This Order may be cited as the Sustainable Energy Act 2002 (Conferral of Additional Functions -Energy Efficiency) Order 2022.
2. In this Order-
The following additional functions in relation to energy efficiency are conferred on the Sustainable Energy Authority of Ireland:
(a) To act as Market Surveillance Authority, in accordance with Article 10 of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019, in relation to energy related products under the Ecodesign Directive 2009/125/EC2 , Energy Labelling Framework Regulation (EU) 2017/13693 , and the Labelling of Tyres with respect to fuel efficiency and other essential parameters under Regulation (EU) 2020/7404 .
(b) The Sustainable Energy Authority of Ireland will have the power to appoint authorised officers, for the purpose of Article 14 of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 to perform market surveillance of products under Regulation (EU) 2017/1369, Regulation (EU) 2020/740 and Directive 2009/125/EC
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GIVEN under my Official Seal,
14 December, 2022.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
This Order confers additional functions on the Sustainable Energy Authority of Ireland (SEAI). The functions being assigned to SEAI are those of the Market Surveillance Authority for Energy Labelling and Ecodesign of energy related products, and Tyre labelling.
1 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ No. L 169, 25,6.2019, p. 1)
2 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10)
3 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1)
4 Regulation (EU) 2020/740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres with respect to fuel efficiency and other parameters, amending Regulation (EU) 2017/1369 and repealing Regulation (EC) No 1222/2009 (OJ L 177 5.6.2020, p.1)