Introductory Text

PART I INTRODUCTORY

1.Citation and commencement
2.Interpretation ‐ general

PART II GAS SUPPLY AND ASSOCIATED ACTIVITIES

Interpretation

3.Interpretation of Part II
Arts. 4‐5 rep. by 2003 NI 6

Licensing of supply of gas and associated activities

6.Prohibition on unlicensed supply of gas and associated activities
7.Exemptions from Article 6
7A.Closed distribution systems
7B.(1) Any condition specified in an order under Article 7(1)(c)...
7C.(1) If, after a system has been classified as a...
7D.(1) In Article 7A to 7C— “ charging statement ”...
8.Licences authorising supply, etc.
8A.Licences under Article 8(1)(a)
8B.The conveyance of gas: requirement to be certified as independent
8C.Application for certification
8D.Report where applicant connected with a country outside the European Economic Area
8E.Certification
8F.Grounds for certification
8G.The ownership unbundling requirement
8H.Designation for the purposes of EU gas legislation
8I.Monitoring and review of certification
8J.Report as to any connection of a certified person with a country outside the European Economic Area
8K.Continuation or withdrawal of certification
8L.Interpretation
9.Exclusive licences under Article 8(1)(a) or (c)
9A.Limitation of rights under exclusive licences
10.Conditions of licences
10A.Compliance with Community obligations
10B.Exemption from requirement for system access
11.Standard conditions of licences
12.Assignment of licences
13.Powers of licence holders

Modification of licences

14.Modification by agreement
15.Modification references to Monopolies Commission
15A.References under Article 15: time limits
15B.References under Article 15: powers of investigation
16.Reports on modification references
17.Modification following report
17A.Competition Commission's power to veto modifications following report
18.Modification by order under other statutory provisions
Art. 18A rep. by 2003 NI 6
Arts. 19‐21 rep. by 2003 NI 6

Meters
22.Meter testing and stamping

Consumer protection: miscellaneous

23.Functions with respect to competition
24.Fixing of maximum charges for reselling gas
24A.Suppliers of Last Resort
24A.Billing disputes: gas
Arts. 25, 26 rep. by 2003 NI 6

Other functions of Director

27.General functions
27A.Dispute resolution
Art. 28 rep. by 2003 NI 6
29.Keeping of register
30.Power to require information, etc.
Art. 31 rep. by 2003 NI 6
32.Annual and other reports

Provisions with respect to the General Consumer Council

Art. 33 rep. by 2003 NI 6
34.Reports of the General Consumer Council

Major pipe-lines, gas storage facilities and gas processing facilities

35.Consent of Director for construction of major pipe-line
36.Increase of capacity, etc. of pipe-line
37.Consent of Director for construction of gas storage facility
37A.Consent of Department for construction of LNG facility
38.Increase of capacity of gas storage facility
38A.Requirements for major pipelines etc
38B.Increase of capacity of LNG facility
39.Acquisition of rights to use gas processing facilities
39A.(1) A person who is or expects to be the...
39B.If the Authority gives, or refuses to give, an exemption...

Miscellaneous

40.Directions for preserving security of gas supplies, etc.
41.Exclusion of certain agreements from Restrictive Trade Practices Act 1976
42.Disposal of assets of former gas undertaker to require consent of Department
43.Transfer to licence holder of assets and liabilities of former gas undertaker
Art. 44 rep. by 2003 NI 6
45.Directions restricting the use of certain information
46.Making of false statements, etc.

Supplemental

47.Concurrent proceedings
48.Public inquiries

PART III SAFETY

Interpretation
49.Interpretation of Part III

Safety of pipe-lines

Arts. 50‐54 rep. by SR 1997/193
55.Prohibition by Department of use or testing of pipe-line
Arts. 56‐58 rep. by SR 1997/193

Information, hearings and notices

59.Notification of abandonment, cesser of use and beginning or resumption of use of pipe-lines or lengths thereof
60.Fire authority, police, etc., to he notified of certain pipe-line accidents and to he furnished with information
61.Notification of change of ownership of pipe-line
62.Regulations as to hearings under this Part
63.Provisions as to requirements and prohibitions imposed under this Part

Miscellaneous

Art. 64 rep. by SR 1997/195
65.Powers of entry

PART IV SUPPLEMENTAL

66.Repayment of fees
67.Compensation
68.Application to Crown land
69.Regulations and orders
70.Directions
71.Amendments, transitional provisions, savings and repeals

SCHEDULES

Schedule 1 rep. by 2003 NI 6

SCHEDULE 2
COMPULSORY ACQUISITION OF LAND

PART I COMPULSORY ACQUISITION OF LAND BY LICENCE HOLDERS

1.(1) Where a licence holder proposes to acquire, otherwise than...
2.(1) No application shall be made under paragraph 1 for...
3.(1) The power to make a vesting order under paragraph...
4.(1) Nothing in this Schedule shall authorise the acquisition, without...
5.(1) Where a licence holder has acquired any land under...
6.Schedule 6 to the Local Government Act (Northern Ireland) 1972...

PART II LICENCE HOLDERS' LAND EXCLUDED FROM COMPULSORY ACQUISITION
7.Where— (a) an application for a vesting order is made...

SCHEDULE 3
OTHER POWERS ETC., OF LICENCE HOLDERS

Interpretation (1) In this Schedule— “controlled works” means any such works...

Interpretation
1.(1) In this Schedule— “controlled works” means any such works...

Works involving breaking up streets
2.(1) Subject to the Street Works (Northern Ireland) Order 1995...

Alteration of apparatus, etc., under streets
3.(1) Subject to sub-paragraph (2), a licence holder may, subject...

Alteration of gas apparatus under streets
4.(1) An electricity licence holder, government department, electronic communications code...

Controlled works in a street near to apparatus
5.(1) The following provisions of this paragraph apply where a...

Works in a street near to gas apparatus
6.(1) The following provisions of this paragraph apply where an...

Emergency works
7.(1) Where any person would be required to serve any...

Protection from interference
8.(1) Subject to sub-paragraph (2), a licence holder who carries...

Modification of paragraphs 2 to 8
9.The provisions of paragraphs 2 to 8 may be modified...

Acquisition of wayleaves
10.(1) This paragraph applies where— (a) for any purpose connected...

Assignment of necessary wayleave
10A.(1) Subject to the following provisions of this paragraph, a...

Provisions supplementary to paragraph 10
11.(1) Where a wayleave is granted to a licence holder...

Temporary continuation of wayleaves
12.(1) This paragraph applies where at any time such a...

Felling and lopping of trees, etc.
13.(1) This paragraph applies where any tree is or will...

Entry on land for purposes of exploration
14.(1) Subject to the following provisions of this paragraph and...

Provisions supplementary to paragraphs 13 and 14
15.(1) Any person who intentionally obstructs a person acting in...

Schedule 4 rep. by SR 1997/193

SCHEDULE 5
POWERS OF ENTRY, ETC.

Interpretation In this Schedule— “gas fittings” means any fittings, apparatus and...

Interpretation
1.In this Schedule— “gas fittings” means any fittings, apparatus and...

Powers of entry, etc.

2.(1) The Department may by regulations make provision for empowering...
3.(1) The Department may by regulations make provision—
4.(1) Any person authorised by a relevant licence holder may...

Exercise of powers of entry
5.(1) A power of entry conferred by or under this...

Warrant to authorise entry
6.(1) Where a justice of the peace is satisfied by...

Premises to be left secure and damage to be made good
7.Where, under any powers conferred by or under this Schedule,...

Penalty for obstruction
8.If any person intentionally obstructs any person exercising powers of...

Schedule 6—Amendments

SCHEDULE 7
TRANSITIONAL AND SAVING PROVISIONS

Interpretation (1) In this Schedule— “appointed day”, in any provision, means...

Interpretation
1.(1) In this Schedule— “appointed day”, in any provision, means...

Rundown and closure of former gas undertakers
2.Except as provided by Articles 42 and 43, this Order...

Transitional arrangements for former gas undertakers becoming licence holders under this Order
3.(1) This paragraph applies to a person who—

Power to make further transitional provisions
4.Without prejudice to Article 1(3), the Department may at any...

Schedule 8—Repeals