Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source

I move amendment No. 6:

In page 25, between lines 15 and 16, to insert the following:

“Issue of notice by Commission concerning contraventions, etc.

15. Section 24 of the Act of 1999 is amended—(a) in subsection (1) by inserting “has contravened,” before “may be contravening”,

(b) in subsection (2)(a)—

(i) in subparagraph (i) by inserting “has contravened,” before “may be contravening”, and

(ii) in subparagraph (ii) by inserting “constitute,” before “may constitute”,

(c) by substituting the following for subsection (4):

“(4) On consideration of any representations or objections, the Commission may give a direction to the holder of a licence or an authorisation—

(a) to take such measures as are necessary to cease the contravention or to prevent a future contravention, and

(b) where there has been a contravention, to undertake such remedial actions as are necessary to rectify the situation and to prevent a reoccurrence of the contravention concerned.”,

and

(d) in subsection (10)(a) by substituting “(where the direction or revocation concerned relates to the Single Electricity Market)” for “(where the proposed modification relates to the Single Electricity Market)”.”.

The provision makes minor amendments to section 24 of the Electricity Regulation Act 1999 to provide for the insertion of the phrase "has contravened" in section 24(1) and 24(2)(a), and the word "constitute" in subsection 24(2)(a) to clarify that the Commission for Energy Regulation, CER, may issue a direction under section 24 regarding a past contravention of a licence.

The insertion of a new line to the text at section 24(4)(b) is to enable CER give a direction in respect of a past contravention that the holder of a licence or authorisation undertakes whatever remedial action is necessary to rectify the situation and to prevent a recurrence of the contravention concerned.

The correction of a typographical error in section 24(10)(a) of the Electricity Regulation Act is to replace the reference to "modification" with a reference to "direction or revocation". These are three technical changes.