European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008.
(2) The European Communities (Internal Market in Electricity) Regulations 2000 and 2005 and these Regulations may be cited together as the European Communities (Internal Market in Electricity) Regulations 2000 to 2008 and shall be construed together as one.
(3) Part 5 comes into operation on the transfer date.
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paragraphs: (1) In these Regulations, except where the context otherwise requires—
(2) A word or expression used in these Regulations and in the Electricity Market Directive has, unless the contrary intention appears, the same meaning in these Regulations as in the Electricity Market Directive.
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paragraphs: (1) As soon as practicable after the coming into operation of this Regulation or not later than a date fixed by the Minister, the Board shall form a company that complies with this Regulation.
(2) The company formed under paragraph (1) shall be a private company limited by shares. At least one of the members of the company shall be the Board.
(3) The members of the company are to have such shares in the company as are specified in the company’s memorandum of association, but the Board is required to hold more than half in nominal value of the equity share capital of the company.
(4) The Board shall ensure—
(a) that the memorandum of association of the company specifies that the objects of the company are, or include, responsibility for operating the distribution system in a manner consistent with the provisions of the Electricity Market Directive,
(b) that either the memorandum of association or the articles of association of the company provides for the basis of the relationship between the company and the Board and between the company and the Minister in a manner consistent with those provisions, and
(c) that the articles of association of the company provide for the appointment of no fewer than 4 directors of the company.
(5) As soon as practicable after the company has been formed, the Board shall arrange for the company to be registered under the Companies Acts.
(6) The memorandum and articles of association of the company may not be lodged for registration under the Companies Acts unless they have been approved by the Minister, with the concurrence of the Minister for Finance.
(7) In relation to the company formed pursuant to this Regulation, section 2 of the Electricity (Supply) Amendment Act 1988 (No. 17 of 1988) shall have effect subject to these Regulations.
(8) In this Regulation, “equity share capital” has the same meaning as in section 155 of the Companies Act 1963 (No. 33 of 1963).
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paragraphs: Notwithstanding anything contained in the Companies Acts, an alteration of the memorandum or articles of association of the subsidiary company does not take effect until it is approved by the Minister, with the concurrence of the Minister for Finance.
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paragraphs: Notwithstanding anything contained in the Companies Acts, the appointment of a person as a director of the subsidiary company and the termination of such an appointment do not take effect until approved by the Minister, with the concurrence of the Minister for Finance.
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paragraphs: (1) As soon as practicable after the formation and registration of the subsidiary company in accordance with Regulation 3, the Board and the subsidiary company shall enter into negotiations in good faith with a view to entering into one or more agreements providing for the following matters:
(a) the terms on which each of them will fulfil its functions with respect to the distribution system;
(b) the terms on which the Board will provide the subsidiary company with the resources (including financial resources) and services necessary to enable that company to fulfil its responsibility with respect to the operation of the distribution system.
(2) An agreement made between the Board and the subsidiary company under paragraph (1) is subject to approval by the Commission.
(3) An agreement entered into, or taken to have been entered into, under this Regulation shall take effect from the transfer date.
(4) The Board and the subsidiary company may, from time to time, and subject to the approval of the Commission, vary an agreement entered into, or taken to have been entered into, under this Regulation.
(5) (a) A variation of an agreement entered into, or taken to have been entered into, under this Regulation may provide for the variation, or any particular provisions of the variation, to take effect from a specified date (which may be the transfer date).
(b) A specific date referred to in subparagraph (a) does not take effect unless approved by the Commission, which may substitute another date if it considers it appropriate to do so.
(6) If either the Board or the subsidiary company wishes to vary an agreement entered into, or taken to have been entered into, under this Regulation, the party whose agreement has been sought shall enter into negotiations in good faith with a view to concluding such a variation.
(7) An agreement entered into, or taken to have been entered into, under this Regulation (or the agreement as varied under paragraph 4) shall have effect only as far as it is consistent with the provisions of the Electricity Market Directive.
(8) In this Regulation, “vary”, in relation to an agreement, includes substituting the agreement with another agreement that deals with the same matters.
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paragraphs: (1) As soon as practicable after the registration of the subsidiary company under the Companies Acts, the Board shall, subject to paragraphs (3) and (4), prepare and submit to the Commission for approval a plan for the transfer to the subsidiary company of—
(a) such assets, rights and liabilities of the Board specified in the plan, and
(b) such employees of the Board designated in the plan,
(2) If the Commission considers that the plan—
(a) includes information other than that specified in paragraph (1), or
(b) is not adequate to enable the subsidiary company to carry out its responsibilities,
(3) The transfer plan shall clearly designate—
(a) those assets of the Board the ownership of which is to be transferred to the subsidiary company, and
(b) that part or those parts of the distribution system owned by the Board the operation of which will be the responsibility of the subsidiary company.
(4) Nothing in these Regulations or in any document made under these Regulations requires the Board to transfer to the subsidiary company any part of any distribution system owned by the Board.
(5) The Board may designate employees for transfer to the subsidiary company only after consultation with relevant trade unions and with the concurrence of the employees concerned.
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paragraphs: (1) As soon as practicable after the transfer plan has been approved by the Commission in accordance with Regulation 7, the Minister shall by declaration, notice of which is published in the Iris OifigiÃºil, fix a transfer date for the plan to be implemented.
(2) A declaration under paragraph (1) is subject to such terms and conditions as are specified in the declaration.
(3) Terms and conditions specified under paragraph (2) are valid only in so far as they are consistent with the provisions of the Electricity Market Directive.
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paragraphs: (1) With effect from the transfer date, responsibility for the operation of the distribution system in accordance with these Regulations shall be vested in the subsidiary company.
(2) Where the subsidiary company determines that, for the purpose of ensuring its continued efficient and effective operation of the distribution system, specified works need to be carried out, then the subsidiary company shall, in writing, require the Board to have those works carried out.
(3) The Board shall comply with a requirement under paragraph (2).
(4) Subject to the transfer plan, on the transfer date—