The Gas (Northern Ireland) Order 1996

PART IN.I.INTRODUCTORY

Citation and commencementN.I.

1.—(1) This Order may be cited as the Gas (Northern Ireland) Order 1996.

(2) This Order shall come into operation on such day or days as the Head of the Department may by order appointF1.

(3) An order under paragraph (2) may contain such transitional or saving provisions as appear to the Head of the Department to be necessary or expedient.

F1fully exercised by SR 1996/216

Interpretation ‐ generalN.I.

2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

[F2“the CMA” means the Competition and Markets Authority;]

“construction”, in relation to a pipe-line, includes placing;

“the Department” means the Department of Economic Development;

Definition rep. by 2003 NI 6

“government department” means a department of the Government of the United Kingdom or a Northern Ireland department;

“modifications” includes additions, omissions, amendments and substitutions;

“notice” means notice in writing;

“pipe-line” means a pipe (together with any apparatus and works associated therewith), or system of pipes (together with any apparatus and works associated therewith) for the conveyance of gas, not being—

(a)

a pipe or system of pipes constituting or comprised in apparatus for heating or cooling or for domestic purposes; or

(b)

a pipe or system of pipes wholly situated—

(i)

within the site of any apparatus or works to which certain provisions of the [1965 c. 20 (N.I.).] Factories Act (Northern Ireland) 1965 apply by virtue of section 125(1) of that Act (building operations and works of engineering construction);

(ii)

within the boundaries of any land occupied as a unit for purposes of agriculture (within the meaning of the [1949 c. 2 (N.I.).] Agriculture Act (Northern Ireland) 1949), where the pipe or system of pipes is designed for use for purposes of agriculture; or

(iii)

in premises used for the purposes of education or research;

“premises” includes any land, building or structure;

“prescribed” means prescribed by regulations;

“regulations” (except in Articles 22, 35 and 37) means regulations made by the Department;

“statutory provision” has the meaning assigned to it by section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954.

(3) For the purposes of this Order the following apparatus and works, and no other, shall be treated as being associated with a pipe, or system of pipes, namely,—

(a)apparatus for inducing or facilitating the flow of gas through, or through a part of, the pipe or system;

(b)valves, valve chambers, manholes, inspection pits and similar works, being works annexed to, or incorporated in the course of, the pipe or system;

(c)apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in sub-paragraph (a) or (b);

(d)apparatus for the transmission of information for the operation of the pipe or system;

(e)apparatus for affording cathodic protection to the pipe or system;

(f)a structure for the exclusive support of a part of the pipe or system.

(4) For the purposes of this Order the length of a pipe-line shall be taken to be the total length of pipe comprised in it; but where, in a system of pipes, a number of adjacent parallel lengths of pipe serve the same purpose as would be served by a single pipe of a diameter greater than that of any of those lengths, that number shall be taken to constitute a single pipe.

(5) For the purposes of this Order the execution of works in land for the purpose of determining whether or not it is suitable for the placing in it of a pipe-line and the carrying out of surveying operations for the purpose of settling the route of a proposed pipe-line shall be deemed not to constitute the execution of works for the construction of a pipe-line.