Energy Act 2016
What is this act about?
Is éard atá sa dlí seo ná an tAcht Fuinnimh 2016, a dhéanann athruithe ar dhlíthe éagsúla a bhaineann le fuinneamh, lena n-áirítear an t-ainm a athrú ar an gCoimisiún um Rialáil Fuinnimh agus cumhachtaí nua a thabhairt dó.
Who it applies to: An Coimisiún um Rialáil Fuinnimh (atá anois mar an Coimisiún um Rialáil Fóntais); Sealbhóirí ceadúnas chun leictreachas a ghiniúint agus a sholáthar, agus oibreoirí idirnaisc.
At a glance
- Country
- Ireland
- Area of law
- Energy and network industries
- Articles
- 34
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Athraíonn sé ainm an Choimisiúin um Rialáil Fuinnimh.
- Tugann sé cumhachtaí don Choimisiún imscrúduithe a dhéanamh agus smachtbhannaí riaracháin a fhorchur.
- Déanann sé foráil maidir le socruithe athbhreithnithe sa Stát agus i dTuaisceart Éireann a bhaineann leis an Margadh Aonair Leictreachais.
- Leasaíonn sé dlíthe eile a bhaineann le fuinneamh, amhail an tAcht um Rialáil Leictreachais 1999 agus an tAcht um Ghás (Eatramhach) (Rialáil) 2002.
Who does this act apply to?
- An Coimisiún um Rialáil Fuinnimh (atá anois mar an Coimisiún um Rialáil Fóntais).
- Sealbhóirí ceadúnas chun leictreachas a ghiniúint agus a sholáthar, agus oibreoirí idirnaisc.
- Daoine nó comhlachtaí a bhaineann le margadh an fhuinnimh mórdhíola.
What are the key points?
- Athrófar ainm an Choimisiúin um Rialáil Fuinnimh go dtí an Coimisiún um Rialáil Fóntais.
- Féadfaidh an Coimisiún imscrúduithe a dhéanamh ar “iompar míchuí” ag comhlachtaí sonraithe.
- Féadfaidh an Coimisiún “smachtbhanna mór” a fhorchur, lena n-áirítear fíneáil airgeadais nach mó ná €50,000 i leith costais imscrúdaithe, nó suas le 10 faoin gcéad de láimhdeachas an chomhlachta shonraithe mar phionós airgeadais.
- Féadfaidh an Coimisiún “mionsmachtbhanna” a fhorchur freisin, amhail comhairle, rabhadh, nó iomardú.
Energy and network industries
Legal text
Legal text
Contents (34)
- Section 1
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
Energy Act 2016 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2016 Energy Act 2016 Energy Act 2016 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 12 of 2016 ENERGY ACT 2016 CONTENTS
PART 1
Preliminary and General Section
Section 1
Section 2
Section 3
PART 2
Change of Name of Commission for Energy Regulation
Section 4
PART 3
Power to Carry Out Investigations and Impose Administrative Sanction
Section 5
Section 6
PART 4
Miscellaneous Amendments to Act of 1999
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
PART 5
Amendments to Gas (Interim) (Regulation) Act 2002
Section 20
Section 21
Section 22
PART 6
Wholesale Energy Market Integrity and Transparency
Section 23
PART 7
Amendments to Sustainable Energy Act 2002
Section 24
Section 25
Section 26
PART 8
Amendments to National Oil Reserves Agency Act 2007
Section 27
Section 28
Section 29
Section 30
Section 31
Section 32
PART 9
Miscellaneous
Section 33
Section 34
PART 1
Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Energy Act 2016.
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
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 ).
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.
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
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 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais