(LRC Revised)

Number 2 of 2002

SUSTAINABLE ENERGY ACT 2002

REVISED

Updated to 1 May 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Sustainable Energy Act 2002

. It is prepared by the Law

Reform Commission in accordance with its function under the

Law Reform Commission Act

1975

(3/1975) to keep the law under review and to undertake revision and

consolidation of statute law.

All Acts up to and including the

Court Proceedings (Delays) Act 2024

(12/2024), enacted 1 May 2024, and all statutory instruments up to and including the

Statistics (Business Expenditure on Research and Development Survey) Order

2024

(S.I. No. 190 of 2024), made 2 May 2024, were considered in the preparation

of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

2

of

2002

SUSTAINABLE ENERGY ACT

2002

REVISED

Updated to 1 May 2024

ARRANGEMENT OF SECTIONS

Section

1.

Citation.

2.

Interpretation.

3.

Establishment day.

4.

Establishment of new body.

5.

Expenses of Minister.

6.

Functions of Authority.

7.

Power to establish subsidiaries.

8.

Additional functions.

9.

Orders.

10.

Board of Authority.

11.

Chairperson of Board of Authority.

12.

Meetings and procedure of Board of Authority.

13.

Committees of Board.

14.

Membership of either House of Oireachtas, European Parliament or local authority.

15.

Chief Executive.

16.

Staff.

17.

Superannuation of Chief Executive and staff.

18.

Disclosure of interests.

19.

Disclosure of information.

20.

Seal of Board.

21.

Transfer of property and rights and liabilities.

22.

Financing of Authority.

23.

Borrowing by the Board.

24.

Annual report and accounts of Authority.

25.

Information to Minister and Oireachtas on performance of functions.

26.

Power to charge fees.

27.

Policy Directives.

28.

Power to accept subscriptions and donations.

29.

Power to engage consultants and advisers and to enter into contracts.

30.

Saving for certain acts.

31.

Amendment of section 23 of Gas Act, 1976.

32.

Amendment of section 39 of Electricity Regulation Act, 1999 (Public Service Obligations).

33.

Insertion of Schedule 2 to Electricity Regulation Act, 1999.

SCHEDULE

Acts Referred To

Companies Act, 1963

1963, No. 33

Companies Acts, 1963 to 2001

Electricity Regulation Act, 1999

1999, No. 23

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Gas Act, 1976

1976, No. 30

Gas (Amendment) Act, 2000

2000, No. 26

Number

2

of

2002

SUSTAINABLE ENERGY ACT

2002

REVISED

Updated to 1 May 2024

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. [27

th February

, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

C1

Functions transferred and “Department of Public Enterprise”

and “Minister for Public Enterprise” construed (18.06.2002) by

Communications, Energy and Geological Survey of Ireland (Transfer of

Departmental Administration and Ministerial Functions) Order 2002

(S.I. No.

300 of 2002), arts. 3, 4 and sch. part 1, in effect as per art. 1(2), subject to

transitional provisions in arts. 5-9.

3. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 4 of this Order are transferred to the Department

of the Marine and Natural Resources.

(2) References to the

Department of Public Enterprise contained in any Act or instrument made thereunder

and relating to any administration and business transferred by paragraph (1) of

this Article shall, on and after the commencement of this Order, be construed as

references to the Department of the Marine and Natural Resources.

4. (1) The functions vested

in the Minister for Public Enterprise -

(

a

) by or under any

of the enactments or the provisions of the enactments mentioned in Part 1 of the

Schedule to this Order,

...

are transferred to the

Minister for the Marine and Natural Resources.

(2) References to the

Minister for Public Enterprise contained in any Act or instrument made thereunder

and relating to any functions transferred by this Article shall, on and after the

commencement of this Order, be construed as references to the Minister for the

Marine and Natural Resources.

...

SCHEDULE

PART 1.

Enactments and provisions

of enactments, functions under which are transferred from the Minister for Public

Enterprise to the Minister for the Marine and Natural Resources.

...

Sustainable Energy Act 2002

(

No. 2 of

2002

)

...

Annotations

Modifications (not altering

text)

C1

Functions transferred and “Department of Public Enterprise”

and “Minister for Public Enterprise” construed (18.06.2002) by

Communications, Energy and Geological Survey of Ireland (Transfer of

Departmental Administration and Ministerial Functions) Order 2002

(S.I. No.

300 of 2002), arts. 3, 4 and sch. part 1, in effect as per art. 1(2), subject to

transitional provisions in arts. 5-9.

3. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 4 of this Order are transferred to the Department

of the Marine and Natural Resources.

(2) References to the

Department of Public Enterprise contained in any Act or instrument made thereunder

and relating to any administration and business transferred by paragraph (1) of

this Article shall, on and after the commencement of this Order, be construed as

references to the Department of the Marine and Natural Resources.

4. (1) The functions vested

in the Minister for Public Enterprise -

(

a

) by or under any

of the enactments or the provisions of the enactments mentioned in Part 1 of the

Schedule to this Order,

...

are transferred to the

Minister for the Marine and Natural Resources.

(2) References to the

Minister for Public Enterprise contained in any Act or instrument made thereunder

and relating to any functions transferred by this Article shall, on and after the

commencement of this Order, be construed as references to the Minister for the

Marine and Natural Resources.

...

SCHEDULE

PART 1.

Enactments and provisions

of enactments, functions under which are transferred from the Minister for Public

Enterprise to the Minister for the Marine and Natural Resources.

...

Sustainable Energy Act 2002

(

No. 2 of

2002

)

...