Citation, commencement, extent and interpretation

1. —(1) These Regulations may be cited as the Electricity Trading (Development of Technical Procedures) (Day-Ahead Market Timeframe) Regulations 2021 and come into force on the day after the day on which they are made.

(2) These Regulations extend to England and Wales and Scotland.

(3) In these Regulations—

“Annex 29” means Annex 29 (allocation of electricity interconnector capacity at the day-ahead market timeframe) to the Trade and Cooperation Agreement( 2 );

“the Authority” means the Gas and Electricity Markets Authority( 3 );

“electricity interconnector” has the meaning given by Article 300 of the Trade and Cooperation Agreement (definitions);

“GB transmission system operator” means—

and a reference to “GB transmission system operators” in paragraphs (1) to (3) and (7) of regulation 4 is a reference to those operators acting collectively;

“non-UK transmission system operator” means a person in a member State of the European Union who carries out the function of transmission or is responsible for operating, ensuring the maintenance of, and, if necessary, developing the electricity transmission system in a given area and, where applicable, its interconnections with other systems, and for ensuring the long-term ability of the system to meet reasonable demands for the transport of electricity;

“Northern Ireland Authority” means the Northern Ireland Authority for Utility Regulation( 5 );

“Northern Ireland transmission system operator” means a person who is designated as an electricity transmission system operator under Article 10H of the Electricity (Northern Ireland) Order 1992( 6 );

“relevant electricity market operator” means a person who, immediately before IP completion day, was designated under article 4 of Regulation (EU) No. 2015/1222 7 ) as a nominated electricity market operator and performed tasks in Great Britain related to single day-ahead or single intraday coupling;

“Specialised Committee on Energy” means the committee established under paragraph 1(l) of Article 8 of the Trade and Cooperation Agreement (committees);

“transmission” means the transport of electricity on the extra high-voltage and high-voltage system with a view to its delivery to customers or to distributors, but does not include supply.

Designation of regulatory authority

2. The Authority is designated as the regulatory authority for Great Britain for the purposes of Article 310 of the Trade and Cooperation Agreement.

Secretary of State power of direction

3. —(1) The Secretary of State must give directions, in writing, to—

(a) GB transmission system operators specifying, in each case, the day before which GB transmission system operators must comply with their obligations under paragraphs (2) (3) and (7) of regulation 4,

(b) the Authority, specifying the day before which the Authority must comply with its obligations under paragraph (4) of regulation 4.

(2) Directions given under this regulation may be varied or revoked by further directions given under this regulation.

Technical procedures for electricity trading at the day-ahead market timeframe

4. —(1) For the purposes of Article 311(1)(f), Article 312(1) and Article 317(1) of the Trade and Cooperation Agreement, GB transmission system operators must develop proposals setting out technical procedures for the allocation of electricity interconnector capacity at the day-ahead market timeframe in accordance with Annex 29 (“the technical procedures”).

(2)GB transmission system operators must send to the Authority and the Northern Ireland Authority the draft technical procedures before such day as the Secretary of State specifies by direction in accordance with regulation 3.

(3) In the event of a disagreement with non-UK transmission system operators regarding the development of the technical procedures, GB transmission system operators must seek the opinion of the Authority on that disagreement as soon as reasonably practicable and in any event before such day as the Secretary of State specifies by direction in accordance with regulation 3 for purposes of paragraph (2).

(4) Subject to paragraphs (5) and (6), the Authority must provide an opinion, in writing, to GB transmission system operators in respect of—

(a) the draft technical procedures sent to it under paragraph (2), and

(b) where appropriate, the disagreement on which its opinion is sought under paragraph (3),

before such day as the Secretary of State specifies by direction in accordance with regulation 3.

(5) Before providing an opinion referred to in paragraph (4), the Authority must—

(a) provide the Northern Ireland Authority with an opportunity to make representations in respect of the draft technical procedures and, where appropriate, in respect of a disagreement regarding the development of the procedures, and

(b) provide the Northern Ireland Authority with any relevant information in respect of the draft technical procedures and, where appropriate, a disagreement regarding the development of the procedures.

(6) The Authority must have regard to any representations made by the Northern Ireland Authority by virtue of paragraph (5) and ensure those representations are taken into account in the opinion as appropriate.

(7)GB transmission system operators must send the draft technical procedures together with the opinion from the Authority in respect of those procedures and, where appropriate, the opinion from the Authority in respect of a disagreement, to the Specialised Committee on Energy before such day as the Secretary of State specifies by direction in accordance with regulation 3.

(8) For the purposes of developing the technical procedures, GB transmission systems operators must—

(a) cooperate with—

(i) each other,

(ii) relevant electricity market operators,

(b) endeavour to cooperate with—

(i) Northern Ireland transmission system operators,

(ii) non-UK transmission system operators, and

(iii) the European Network of Transmission System Operators for Electricity governed in accordance with Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast)( 8 ).

(9)Relevant electricity market operators must co-operate with each other and with GB transmission system operators for the purposes of facilitating the development of the technical procedures.

Costs

5. —(1) The Authority is responsible for the allocation and recovery of costs relating to the development and implementation of the technical procedures to be apportioned in accordance with paragraph 6 of Annex 29 in so far as those costs apply to GB transmission system operators and relevant electricity market operators.

(2) The Authority may request from a GB transmission system operator or relevant electricity market operator any information it considers is necessary to facilitate the implementation or enforcement of the costs referred to in paragraph (1).

(3) Where the Authority makes a request in accordance with paragraph (2), a GB transmission system operator or relevant electricity market operator must, within three months of the notification of the request, provide to the Authority the information requested.

Secretary of State guidance

6. In complying with the duties imposed under these Regulations, GB transmission system operators, relevant electricity market operators and the Authority must have regard to any guidance issued by the Secretary of State.

Enforcement

7. —(1) The following requirements are enforceable by the Authority as if they were relevant requirements on a regulated person for the purpose of section 25 of the Electricity Act 1989( 9 )—

(a) any requirement to which a GB transmission system operator is subject under these Regulations,

(b) any requirement to which a relevant electricity market operator is subject under these Regulations.

(2) For the avoidance of doubt, paragraph (1) applies whether or not the person on whom a requirement is imposed is in fact a regulated person within the meaning of the Electricity Act 1989.