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The Gas (Northern Ireland) Order 1996
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The Gas (Northern Ireland) Order 1996, Section 38 is up to date with all changes known to be in force on or before 03 March 2025. 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.
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Changes and effects yet to be applied to Article 38:
- Instrument am. (pt.prosp.) by 1998 c. 41 s.66(5) Sch.10 Pt.III para.8
- Instrument amended by 1998 c. 41 s.66(5) Sch.10 Pt.V para.18
- Instrument rev. in pt. (prosp.) by 1998 c. 41 ss.66(5),74(3), Sch.10, Pt.V, para.18, Sch.14, Pt.II
Increase of capacity of gas storage facilityN.I.
38.—(1) If in the case of a gas storage facility operated by a person holding a licence under Article 8(1)(b) ( “the operator”) it appears to the [F1Authority], on the application of a person other than the operator, that the gas storage facility can and should be modified to increase the capacity of that facility, then, subject to paragraph (2), the [F1Authority] may, after giving to the operator an opportunity of being heard about the matter, give directions to the operator in consequence of the application.
(2) Paragraphs (2) to (7) of Article 36 apply in relation to directions under paragraph (1) of this Article as they apply in relation to directions under paragraph (1) of that Article.
[F2(3) 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. 38(1) substituted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 4(8)
F2Art. 38(3) added (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 9
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