- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
The Gas (Northern Ireland) Order 1996, Section 37 is up to date with all changes known to be in force on or before 01 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
37.—(1) Any person who executes works for the construction of a gas storage facility—
(a)without the consent of the [F2Authority] granted under this Article; or
(b)otherwise than in accordance with the conditions subject to which the consent of the [F2Authority] is granted under this Article,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) For the purposes of this Article the execution of works in land for the purpose of determining whether or not it is suitable as the location of a gas storage facility and the carrying out of surveying operations for that purpose shall be deemed not to constitute the execution of works for the construction of a gas storage facility.
(3) An application for the consent of the [F3Authority] under this Article shall—
(a)specify the location and capacity of the proposed gas storage facility;
(b)be in such form, contain such other information and be accompanied by such fee as may be prescribed by regulations made by the [F3Authority].
(4) An applicant for a consent under this Article shall provide the [F3Authority] with such other information relevant to the application as the [F3Authority] may require.
(5) As soon as practicable after making an application for a consent under this Article, the applicant shall publish notice of that fact in such manner as the [F3Authority] may require and such notice shall—
(a)name a place where a copy of the application may be inspected free of charge, and copies thereof may be obtained on payment of a reasonable charge, at all reasonable hours; and
(b)specify a time within which representations concerning the application may be made to the [F3Authority].
(6) After considering any such representations duly made to [F4it, the Authority] may grant consent under this Article to the applicant or may refuse such consent.
(7) A consent granted under this Article—
(a)shall remain in force for such period as may be specified in or determined under the consent; and
(b)may be granted subject to such conditions (to be specified therein) as the [F5Authority] thinks fit.
(8) Without prejudice to the generality of paragraph (7)(b), a consent under this Article may be granted subject to conditions—
(a)as to the ownership and operation of the gas storage facility;
(b)requiring works for the construction of the facility to be substantially commenced within a specified period;
(c)requiring the facility to be so constructed as to be capable of storing specified quantities of gas.
(9) Paragraph (10) applies where—
(a)representations concerning an application are duly made to the [F6Authority] under paragraph (5); and
(b)a consent granted in pursuance of that application indicates that specified conditions are, or are to a specified extent, attributable solely to such representations;
and references in paragraphs (10) and (11) to “additional conditions” are references to conditions specified under sub-paragraph (b) or (as the case may be) to such conditions to the extent so specified.
(10) Where this paragraph applies, the consent—
(a)shall specify the sums or the method of determining the sums which the [F6Authority] considers should be paid to the applicant by such of the persons who made representations to the [F6Authority] as are specified, for the purpose of defraying so much of the cost of constructing the gas storage facility as is attributable to the additional conditions;
(b)shall specify the arrangements which the [F6Authority] considers should be made by each of those persons, within a specified period, for the purpose of securing that those sums will be paid to the applicant if he constructs the gas storage facility in accordance with the additional conditions.
(11) Where it appears to the [F6Authority] that arrangements specified under paragraph (10)(b) have not been made by any person within the period so specified, the [F6Authority] may amend the consent so as to eliminate the additional conditions so far as attributable to the representations made by that person.
(12) In paragraphs (8) to (11) “specified” means specified in the consent.
(13) Sums received by the [F7Authority] under this Article shall be paid into the Consolidated Fund.
[F8(14) In this Article any reference to a “gas storage facility” does not include such a facility (wholly or in part) in, under or over the territorial sea adjacent to Northern Ireland.]
F1Word in art. 37 heading substituted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 4(7)(a)
F2Word in art. 37(1) substituted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 4(7)(a)(i)
F3Word in art. 37(3)-(5) substituted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 4(7)(a)(ii)
F4Words in art. 37(6) substituted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 4(7)(b)
F5Word in art. 37(7) substituted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 4(7)(a)(iii)
F6Word in art. 37(9)-(11) substituted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 4(7)(a)(iv)
F7Word in art. 37(13) substituted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 4(7)(a)(v)
F8Art. 37(14) added (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 8
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.