[F1Requirements for major pipelines etcN.I.
38A.—(1) Any grant of a consent under—
(a)Article 35 in relation to the construction of a major pipeline; or
(b)Article 37 in relation to the construction of a gas storage facility,
shall be made subject to such conditions as appear to the Director to be necessary or expedient to ensure that the pipeline or facility, as the case may be, meets the specified criteria.
(2) Any direction given under Article 36 in relation to the modification of a pipeline shall include such requirements as appear to the Director to be necessary or expedient to ensure that the modifications meet the specified criteria.
(3) Any direction given under Article 37 in relation to an increase in the capacity of a gas storage facility shall include such requirements as appear to the Director to be necessary or expedient to ensure that the facility meets the specified criteria.
(4) Where the Director refuses to grant an application for a consent under Article 35 or 37 or a direction under Article 36 or 38 the Director shall by notice in writing—
(a)inform the person making the application of the fact;
(b)give him the reasons for that refusal; and
(c)inform him of any right to challenge the refusal.
(5) In this Article “specified criteria” means the criteria specified by the Department from time to time for the purposes of and in accordance with Article 4(2) of the Directive and published by it.]
F1SR 2002/291