Former Tariff Customer Scheme Made by Northern Ireland Electricity Plc Under Regulation 42 of the Electricity Regulations (Northern Ireland) 2007 and Approved by the Northern Ireland Authority for Utility Regulation

Extract

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Former Tariff Customer Scheme Made by Northern Ireland Electricity Plc Under Regulation 42 of the Electricity Regulations (Northern Ireland) 2007 and Approved by the Northern Ireland Authority for Utility Regulation

Electricity

WHEREAS:

(A) At the date on which this Scheme is made, Northern Ireland

Electricity plc (NIE) supplies electricity on tariff terms in accordance with Articles 19 to 26 of the Electricity (Northern

Ireland) Order 1992 (the Electricity Order).

(B) Regulation 9 of the Electricity Regulations (Northern Ireland) 2007

(the Electricity Regulations) replaces Article 19 to 26 of the

Electricity Order with new arrangements under which the supply of electricity on tariff terms will cease. Regulation 9 of the

Electricity Regulations will come into effect on 1 November 2007.

(C) The Northern Ireland Authority for Utility Regulation (the

Authority) has made:

(i) a Licensing Scheme pursuant to Regulation 35 of the Electricity

Regulations under which the public electricity supply licence granted to NIE shall have effect as if it were a licence granted to NIE Energy Limited (NIE Energy) under Article 10(1)(c)

of the Electricity Order as it is to be amended by Regulation 6

of the Electricity Regulations; and

(ii) a Property Arrangements Scheme pursuant to Regulation 14

of the Electricity Regulations under which relevant property, rights and liabilities transfer from NIE to NIE Energy.

(D) In accordance with Regulation 42(2) of the Electricity Regulations, NIE Energy shall be deemed to have contracted with customers supplied with electricity by NIE on tariff terms immediately before

Regulation 9 of the Electricity Regulations takes effect (the

Former Tariff Customers).

(E) Regulation 42(3) of the Electricity Regulations provides that the express terms and conditions of the contract which is deemed to have been made by NIE Energy with each Former Tariff Customer are to be set out in a scheme made by NIE.

(F) Regulation 42(5) of the Electricity Regulations provides that such a scheme shall not take effect unless it is approved by the Authority.

HEREBY MAKES A SCHEME AS FOLLOWS:

1.

Interpretation

1.1 In this Former Tariff Customer Scheme (including Appendices), except where the context otherwise requires:

"Authority" means the Northern Ireland Authority for Utility

Regulation established under Article 3 Part II of the Energy

(Northern Ireland) Order 2003 as amended by Article 3 of the Water and Sewerage Services (Northern Ireland) Order 2006;

"Commencement Date" means 1 November 2007, being the date on which Regulation 9 of the Electricity Regulations takes effect;

"Deemed Contract" means a contract deemed to be made between

NIE Energy and a Former Tariff Customer by virtue of Regulation

42(2) of the Electricity Regulations;

"Domestic Customer" has the same meaning as in the Supply

Licence;

"Electricity Regulations" means the Electricity Regulations

(Northern Ireland) 2007;

"Former Tariff Customer" means a customer supplied with electricity by NIE on tariff terms immediately before Regulation

9 of the Electricity Regulations takes effect;

"Network Operator" means NIE, which operates the local electricity network;

"NIE" means Northern Ireland Electricity plc, a company with registration number NI026041 whose registered office is at 120

Malone Road, Belfast BT9 5HT;

"NIE Energy" means NIE Energy Limited, a company with registration number NI027394 whose registered office is at 120

Malone Road, Belfast BT9 5HT;

"Non-domestic Customer" has the same meaning as in the Supply

Licence;

"Scheme" means this Former Tariff Customer Scheme, made by

NIE pursuant to Regulation 42(4) of the Electricity Regulations;

"Supply Licence" means the public electricity supply licence granted to NIE which will, in accordance with the Licensing

Scheme made by the Authority under Regulation 35 of the

Electricity Regulations, have effect as if it were a licence granted to NIE Energy under Article 10(1)(c) of the Electricity Order as it is to be amended by Regulation 6 of the Electricity Regulations.

1.2 This Scheme shall be interpreted as if it were an enactment to which the Interpretation Act (Northern Ireland) 1954 applied.

1.3 Words and phrases defined in the Electricity Order, the Electricity

Regulations or the Terms and Conditions for Supply set out in

Appendix 1 and Appendix 2 to this Scheme and not otherwise defined in this Scheme shall have the same meaning when used in this Scheme.

1.4 Nothing in this Sc...

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