S.I. No. 447/2000 - Electricity Regulation Act, 1999 (Schedule, Paragraph 16) Levy Order, 2000.

1. (1) This Order may be cited as the Electricity Regulation Act, 1999 Levy Order, 2000.

(2) This Order shall come into operation on the 31

st

day of December, 2000.

(3) The Electricity Regulation Act, 1999 Levy (No. 2) Order, 1999 (S.I No. 436) is revoked as and from 1 January, 2001.

2. (1) In this Order -

“the Act”

means the

Electricity Regulation Act, 1999

(No. 23 of 1999);

“actual quantity”

means, in relation to a relevant undertaking, the actual quantity of electricity, in Megawatt-hours (MWhrs), which has been generated, transmitted, distributed or supplied, as the case may be;

“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 a calendar year;

“quarter”

means a period of 3 months ending on the 31

st

day of March, the 30

th

day of June, the 30

th

day of September, and the 31

st

day of December;

“relevant quantity”

means, in relation to a relevant undertaking, the forecast quantity of electricity in MWhrs which it is estimated will be generated, transmitted, distributed and/or supplied, as the case may be;

“settlement system administrator”

means the Board or its successor as the person responsible for administering the electricity trading and settlements system;

“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. This Order shall take effect from 1

st

January 2001.

5. (1) A levy is hereby imposed on each relevant undertaking. This levy will be payable in respect of each levy year.

(2) The levy imposed by sub-article (1) shall be payable in equal quarterly instalments no later than -

(a) the 31

st

January 2001; or

(b) the last day of the first month of each subsequent quarter in a levy year.

6. (1) Subject to sub-article (2) and (3), the amount of the levy imposed on a relevant undertaking in respect of any quarter shall be 4.4 pence per MWhr, (or an equivalent figure in Euros per MWhr), rounded to the nearest Irish Pound or euro, payable on the relevant quantity for that quarter.

(2) The levy imposed by sub-article (1) shall be payable by the relevant undertaking separately for each activity of generation, transmission, distribution or supply, as the case may be, that is carried out by the relevant undertaking in Ireland.

(3) (a) Where a relevant undertaking is the holder of a licence or a permit referred to in the Schedule in part of a quarter, the amount of the levy imposed on the relevant undertaking in respect of that quarter shall be the appropriate proportion of the levy for that quarter.

(b) In this sub-article,

“appropriate proportion”

means the proportion that the part of the quarter in which the relevant undertaking holds the licence shall bear to the whole of the quarter concerned.

7. (1) Every relevant undertaking shall -

(a) no later than the first day of each quarter, submit to the Commission a statement of the relevant quantity for that quarter; and thereafter;

(b) within 15 working days of the end of each quarter, submit to the Commission a statement, certified by the settlement system administrator of the actual quantity for the relevant undertaking in the previous quarter.

(2) Where a relevant undertaking does not submit a statement of the relevant quantity in accordance with Article 7(1)(a) the amount payable for that quarter shall be 115% of the relevant quantity for the previous quarter. This shall not apply to the first quarter where such a statement is required.

(3) Where the amount paid by the relevant undertaking in accordance with Articles 5 and 6 in respect of the relevant quantity in any quarter is less than the actual quantity payable by reference to the said statement of actual quantity, the relevant undertaking concerned shall pay to the Commission the balance of the amount payable on the last day of the first month of the following quarter.

(4) Where the amount paid by a relevant undertaking in accordance with Articles 5 and 6 in respect of any quarter is more than the amount payable by reference to the said statement of actual quantity, the Commission shall make an adjustment to the amount payable by the relevant undertaking in the following quarter.

8. (1) Where any amount falling to be paid under Article 6 is not paid within the period for payment specified in Article 5, 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.

9. (1) All payments shall be made in Irish Pounds or euros 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 undertaking in accordance with Section 4 of the Act,

Sealed with the common seal of the Commission for Electricity Regulation on 20th December, 2000.

Tom Reeves

Member of Commission

Eugene Coughlan

Member of Staff of Commission

Schedule

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

• any holders of a licence granted under Section 14 of the Act or a permit under

Section 37

of the

Electricity (Supply) Act, 1927

, and

• vertically integrated undertakings in the electricity market without a licence 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 purpose 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 it's functions under the Act.

The Commission for Electricity Regulation in exercise of the powers conferred on it by the

Electricity Regulation Act, 1999

(No. 23 of 1999), hereby makes the following Order