STATUTORY INSTRUMENTS.

S.I. No. 382 of 1999.

ELECTRICITY REGULATION ACT, 1999 (SCHEDULE, PARAGRAPH 16) LEVY ORDER, 1999.

S.I. No. 382 of 1999.

ELECTRICITY REGULATION ACT, 1999 (SCHEDULE, PARAGRAPH 16) LEVY ORDER, 1999.

The Commission for Electricity Regulation in exercise of the powers conferred on it by Paragraph 16 of the Schedule to the Electricity Regulation Act, 1999 (No. 23 of 1999) , hereby makes the following Order:

1. (1) This Order may be cited as the Electricity Regulation Act, 1999 (Schedule, Paragraph 16) Levy Order, 1999.

(2) This Order shall come into operation on the 6th day of December, 1999.

2. (1) In this Order--

“the Act” means the Electricity Regulation Act, 1999 (No. 23 of 1999) ;

“Banking Day(s)” means day(s) on which banks in Ireland generally are open for business (except in any event on Saturday or Sunday);

“the Commission” means the Commission for Electricity Regulation established under the Act;

“levy year” means the year to 31st December 1999;

“vertically integrated undertaking” means an undertaking performing two or more of the functions of generation, transmission, distribution and supply of electricity;

and any cognate words shall be construed accordingly.

(2) In this Order--

(a) all words and expressions defined in the Act shall have the same meanings when used in this Order;

(b) a reference to an article or schedule is to an article of, or schedule to, this Order unless it is indicated that reference to some other Order is intended;

(c) a reference to a sub-article is to the sub-article of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

3. This Order shall apply to the classes of electricity undertakings set out in the Schedule to this Order (“relevant undertakings”).

4. A levy of IR£2,750,000.00 (two million, seven hundred and fifty thousand Irish Pounds) is hereby imposed on the relevant undertakings and shall be payable 10 Banking Days from the date that this Order comes into force.

5. (1) Where any amount falling to be paid under Article 4 above is not paid within the period for payment specified in that Article, interest thereon shall accrue at the prescribed interest rate compounded monthly from the date when such payment is due until the same is made.

(2) In this Article, “the prescribed interest rate” means a rate 2% per annum above the Allied Irish Bank's base rate from time to time.

6. (1) All payments shall be made in Irish Pounds on the due date by direct bank transfer or equivalent instantaneous transfer of funds to the bank account specified by the Commission.

(2) Relevant undertakings shall notify the Commission as soon as payment has been made, indicating the date on which payment was made and the name of the bank effecting payment.

(3) A request for payment by the Commission to the relevant undertakings under this Order shall be made to the relevant undertakings in accordance with Section 4 of the Act,

SCHEDULE

The relevant undertakings for the purposes of this Levy Order are a class consisting of:

vertically integrated undertakings in the electricity market without licences or authorisations granted under the Act, or a permit under Section 37 of the Electricity (Supply) Act, 1927 .

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order imposes a levy on certain specified classes of electricity undertakings, for the purpose of meeting expenses properly incurred by the Commission for Electricity Regulation in the discharge of its functions under the Act.