1.  These Regulations may be cited as the Electricity and Gas (Billing) Regulations (Northern Ireland) 2009.

2.—(1) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Assembly.

(2) In these Regulations—

“Electricity supplier” shall be construed in accordance with Regulation 3(1);

“Gas supplier” shall be construed in accordance with the Regulation

“Domestic consumer” means—

“domestic premises” in relation to any domestic customer means the premises where the supply of gas or electricity to that person is taken.

“corresponding period” shall be construed—

3.—(1) Any person who holds a licence under Article 10(1)(c) of the Electricity (Northern Ireland) Order 1992(3) (“an electricity supplier”) shall provide each domestic customer supplied by him with electricity with the information referred to in Regulation 4.

(2) Any person who holds a licence under Article 9(1)(c) of the Gas (Northern Ireland) Order 1996(4) (“a gas supplier”) shall provide each domestic customer supplied by him with gas with the information referred to in Regulation 5.

(3) The requirement in paragraph (1) only applies if the supplier has been contracted to give a supply of electricity to the same domestic consumer at the same domestic premises throughout the period—

(a)commencing with the start of the corresponding period; and

(b)ending with the end of the period to which the bill or statement of account relates.

(4) The requirement in paragraph (2) only applies if the supplier has been contracted to give a supply of gas to the same domestic customer at the same domestic premises throughout the period—

(a)commencing with the start of the corresponding period; and

(b)ending with the end of the period to which the bill or statement of account relates.

(5) The requirement in paragraph (1) does not apply if at any time before the start of the corresponding period the domestic customer has been supplied with a meter which provides him with accurate information about his actual energy consumption and its actual time of use.

4.  The information referred to in Regulation 3(1) is a comparison of the customer’s consumption of electricity in the period covered by the bill or statement or account with the same customer’s consumption of electricity for the corresponding period in the previous year (“the corresponding period”).

5.  The information referred to in Regulation 3(2) is a comparison of the customer’s consumption of gas in the period covered by the bill or statement of account with the same customer’s consumption of gas for the corresponding period in the previous year (“the corresponding period”).

6.  Each bill or statement of account containing information in accordance with the requirements of these Regulations must—

(a)Present that comparison in a form that is clear and easy to understand; and

(b)Make it clear whether any estimates of the domestic customer’s consumption of gas or electricity, as the case may be, had been used in producing the comparison.

7.  In Article 42(2) of the Energy (Northern Ireland) Order 2003(5), in the definition of “relevant requirement”—

(a)at the end of sub-paragraph (a)(iii) insert—

“or the Electricity and Gas (Billing) Regulations (Northern Ireland) 2009;”; and

“or under the Electricity and Gas (Billing) Regulations (Northern Ireland) 2009”.

8.  In Article 45—

(a)In paragraph (1) for “the Community Regulation” substitute “a Community Regulation”; and

(b)For paragraph (11) substitute

“Community Regulation” means Regulation 1228/2003 of the European Parliament and Council on conditions for access to the network for cross-border exchanges of electricity or Regulation 1775/05 of the European Parliament and Council on conditions for access to the natural gas transmission network.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 29th May 2009.

Jenny Pyper

A senior officer of the

Department of Enterprise, Trade and Investment

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the Energy (Northern Ireland) Order 2003. The purpose of the modifications is to require electricity and gas suppliers to provide information to domestic customers comparing their gas or electricity use in one period with the same period in the previous year. These modified conditions will apply from 22nd June 2009.

The modifications give effect to Article 13(3)(b) of Directive 2006/3/EC of the European Parliament and of the Council on energy end-use efficiency and energy services and repealing Council Directive 93/76/EEC(7).

These modifications also give effect to Article 13 of EC Regulation No.1775/05 which aims to set non-discriminatory rules for access conditions to natural gas transmission systems. Article 13 of the Regulation requires that member states establish provisions to penalise infringements of the Regulation. The purpose of this modification would allow the Northern Ireland Authority for Utility Regulation to take all necessary measures to ensure that the penalties are implemented.

The Explanatory Memorandum is available alongside the instrument on the OPSI website.