The Gas (Northern Ireland) Order 1996

Assignment of licences N.I.

12.—(1) A licence shall be capable of being assigned either generally or—

(a) in the case of a licence under Article 8(1)(a), so far as relating to the whole or any part of an authorised area;

(b) in the case of a licence under Article 8(1)(b), so far as relating to any specified gas storage facility;

(c) in the case of a licence under Article 8(1)(c), so far as relating to any specified persons or premises [F1 ;]

[F2 (d) in the case of a licence under Article 8(1)(d), so far as relating to any specified LNG facility,]

but only if it includes a condition authorising such assignment.

In this paragraph “specified” means specified in the licence, or of a class or description, or in an area, so specified.

(2) A licence shall not be capable of being assigned except with the consent of the Director.

(3) In deciding whether to give his consent under paragraph (2), the Director shall apply the same criteria as he would apply if—

(a) in the case of a general assignment, he were deciding whether to grant a corresponding licence to the assignee;

(b) in the case of any other assignment, he were deciding whether—

(i) to grant to the assignee a licence corresponding to so much of the licence as is proposed to be assigned; and

(ii) to grant to the assignor a licence corresponding to so much of the licence as is proposed to be retained.

(4) Subject to paragraph (5), a consent under paragraph (2) may be given subject to compliance with—

(a) such modification or other conditions as the Director considers necessary or expedient for the purpose of protecting the interests of consumers; and

(b) such incidental or consequential modification conditions as he considers necessary or expedient.

(5) The Director shall give the Department not less than 28 days' notice of any proposal of his to impose a modification condition; and if, before the expiry of the time specified in the notice, the Department directs the Director not to impose the condition, the Director shall comply with the direction.

(6) A licence may include conditions which must be complied with before the licence can be assigned.

(7) An assignment, or purported assignment, of a licence shall be void—

(a) if the licence is not capable of assignment;

(b) if the assignment, or purported assignment, is in breach of a condition of the licence; or

(c) if there has, before the assignment or purported assignment, been a contravention of a condition subject to compliance with which the consent required by paragraph (2) is given.

(8) A licence shall not be capable of being assigned under any other provision of this Part.

(9) In this Article—

• “assignment” includes any form of transfer;

• “modification condition” means a condition requiring or otherwise providing for the making of modifications to the conditions of a licence;

• and the reference in this paragraph to a licence includes (where applicable) a reference to so much of a licence as is retained by an assignor.

F1 Art. 12(1)(c): "semicolon" substituted for "comma" (12.4.2013) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013 (S.R. 2013/92), reg. 21

F2 Art. 12(1)(d) inserted (12.4.2013) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013 (S.R. 2013/92), reg. 21