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2002 No. 3129

ELECTRICITY

The Electricity (Approval of Pattern or Construction and Installation and Certification) (Amendment) Regulations 2002

  Made 12th December 2002 
  Coming into force 1st February 2003 

In exercise of the powers conferred on the Gas and Electricity Markets Authority[1] ("the Authority") by sections 31 and 60 of, and paragraphs 2 and 13 of Schedule 7 to, the Electricity Act 1989[2] ("the Act"), and with the consent of the Secretary of State in accordance with paragraph 13 of Schedule 7 to the Act, the Authority hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These regulations may be cited as the Electricity (Approval of Pattern or Construction and Installation and Certification) (Amendment) Regulations 2002 and shall come into force on 1st February 2003.

    (2) In these Regulations, unless the context otherwise requires - 

Amendment of Regulations
     2.  - (1) The Approval Regulations shall be amended in accordance with Part 1 of the Schedule to these Regulations.

    (2) The Certification Regulations shall be amended in accordance with Part II of the Schedule to these Regulations.

Transitional
    
3.  - (1) Persons who immediately before the coming into force of these Regulations were authorised for any of the purposes the Certification Regulations shall continue to be so authorised but, subject to paragraph (2), from the date on which these Regulations come into force, their authorisation shall be subject to the provisions of the Certification Regulations as amended by these Regulations and they shall carry out their functions under the Certification Regulations accordingly.

    (2) Amendments made by these Regulations in respect of fees shall have effect only in relation to submissions or requests for authorisation made on or after the date on which these Regulations come into force.



The seal of the Authority, authenticated by me,

L.S.


Callum McCarthy,
Chairman, Gas and Electricity Markets Authority

9th December 2002



I consent.


Brian Wilson,
Minister of State for Energy and Construction, Department of Trade and Industry

12th December 2002



SCHEDULE
Article 2



Part I

AMENDMENTS TO THE APPROVAL REGULATIONS

     1.  - (1) Amend regulation 2 as follows.

    (2) In paragraph (1), after "Regulations: - ", insert - 

    (3) In paragraph (1), after the definition of "meter examiner", insert - 

     2.  - (1) Amend regulation 4 as follows.

    (2) In paragraph (1)(a), after "person;", omit "and".

    (3) At the end of paragraph (1)(b), insert

     3.  - (1) Amend regulation 5 as follows.

    (2) In paragraph (1) after "(3)" insert "or (3A)"

    (3) After paragraph (3) insert - 

     4.  - (1) Amend regulation 10 as follows.

    (2) For paragraph (2), substitute - 



Part II

AMENDMENTS TO THE CERTIFICATION REGULATIONS

     5.  - (1) Amend regulation 2 as follows.

    (2) In paragraph (2), - 

     6. For regulation 3, substitute - 

     7.  - (1) For regulation 4, substitute - 

     8. For regulation 5, substitute - 

     9.  - (1) Amend regulation 6 as follows.

    (2) For paragraph (1), substitute - 

    (3) After paragraph (1), insert - 

     10. For regulation 11, substitute - 



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998 and the Meters (Certification) Regulations 1998 with the following effect.

The Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998 ("the Approval Regulations") are amended principally so as to provide that a meter examiner (appointed under paragraph 4 of Schedule 7 to the Electricity Act 1989) shall not, unless asked to do so by a person submitting a meter for approval, carry out examinations or tests on a meter submitted for approval of its pattern or construction or manner of installation if the report of a nominated laboratory on the meter enables the examiner to conclude that the specified requirement will be met. The requirement is that a meter of that pattern or construction or a meter installed in that manner will be capable of accurately recording the quantity of electricity for which the meter is intended to operate. The amendments also enable the Gas and Electricity Markets Authority ("the Authority") to use the services of a nominated laboratory in carrying out its functions under the Approval Regulations.

The Meters (Certification) Regulations 1998 ("the Certification Regulations") are amended principally so as: to enable the Authority to rely on a report prepared by a nominated laboratory to satisfy itself as to the fitness of a manufacturer or repairer of meters to be authorised; to amend the conditions that apply to an examiner authorised under the regulations; to facilitate the use by an authorised manufacturer or repairer of a nominated laboratory in the arrangements they make for audit of their apparatus, processes, systems and records; to enable a nominated laboratory to deploy authorised examiners employed by it; and to enable the Authority to use the services of a nominated laboratory in carrying out its functions under the Certification Regulations.

The way in which fees are charged for approval, authorisation and certification also changes for submissions or requests for authorisation made on or after the date on which these Regulations come into force to allow the Authority to recover the costs of using external resources in the carrying out of its functions.

A Regulatory Impact Assessment for this Instrument has been prepared and copies can be obtained from Ofgem, 9 Millbank, London, SWIP 3GE. A copy of the Regulatory Impact Assessment has been placed in the library of both Houses of Parliament.


Notes:

[1] The Gas and Electricity Markets Authority was established by section 1 of the Utilities Act 2000 (c. 27).back

[2] 1989 c. 29; the functions of the Director-General of Electricity Supply were transferred to the Authority by section 3 of the Utilities Act 2000. Section 3(2) provides for references to the Director in enactments to have effect as if they were references to the Authority.back

[3] S.I. 1998/1565.back

[4] S.I. 1998/1566.back

[5] The Gas and Electricity Markets Authority was established by section 1(1) of the Utilities Act 2000 (c. 27).back

[6] The Gas and Electricity Markets Authority was established by section 1(1) of the Utilities Act 2000 (c. 27).back

[7] Paragraph 5(4)(b) of Schedule 7 to the Act, which provides for regulations to determine the fees payable for examining, testing and certifying meters, is qualified by Part II of Schedule 1 and Schedule 2 to The Electricity Act 1989 (Fees) Order 1990, S.I. 1990/184, specifying, respectively, additional functions the costs of which are to be taken in account in determining the amount of a fee and additional matters to be taken into account in determining those costs.back

[8] Paragraph 5(5)(a) of Schedule 7 to the Act, which provides for regulations to determine the fees payable in respect of any authorisation under sub-paragraph (1) or (3) of that paragraph, is qualified by Part II of Schedule 1 and Schedule 2 to The Electricity Act 1989 (Fees) Order 1990, S.I. 1990/184, specifying, respectively, additional functions the costs of which are to be taken into account in determining the amount of a fee and additional matters to be taken into account in determining those costs.back



ISBN 0 11 044579 1


  Prepared 16 January 2003


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