- Latest available (Revised)
- Original (As made)
The Gas (Northern Ireland) Order 1996, Section 8 is up to date with all changes known to be in force on or before 23 August 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):
8.—(1) The [F1Authority] may grant a licence authorising any person to do all or any of the following, namely—
(a)to convey gas from one place to another in an area authorised by the licence;
(b)to store gas in a specified gas storage facility;
(c)to supply gas to specified persons or premises [F2;]
[F3(d)to operate an LNG facility.]
In this paragraph and paragraph (2) “specified” means specified in the licence, or of a class or description, or in an area, so specified.
(2) The [F4Authority] may—
(a)extend a licence granted under paragraph (1) (a) or (c) by increasing the area authorised by the licence; or
(b)extend a licence granted under paragraph (1)(b) by adding to the specified gas storage facilities;
(c)extend a licence granted under paragraph (1)(c) by adding to the specified persons or premises [F5;]
[F6(d)extend a licence granted under paragraph (1)(d) by adding to the specified LNG facility.]
(3) An application for a licence or extension shall be made in the prescribed manner and shall be accompanied by such fee (if any) as may be prescribed; and within 14 days from the making of such an application, the applicant shall publish a copy of the application in the prescribed manner.
(4) Before granting a licence or extension under this Article, [F7the Authority] shall give notice—
(a)stating that [F8the Authority] proposes to grant the licence or extension;
(b)stating the reasons why it is proposed to grant the licence or extension; and
(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed licence or extension may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
[F9(4A) A licence shall not be granted or extended unless the applicant therefor and, if appropriate, the construction or operation of any [F10pipe-line], facility or associated apparatus used or to be used in connection with any activity carried out under the licence meets the published criteria.]
(5) A licence or extension shall be in writing and, unless previously revoked in accordance with any term contained in it, a licence shall continue in force for such period as may be specified in or determined by or under the licence.
(6) As soon as practicable after granting or extending a licence, [F11the Authority] shall give notice stating that the licence or extension has been granted.
(7) A notice under paragraph (4) or (6) shall be given by publishing the notice in such manner as [F12the Authority] considers appropriate for bringing it to the attention of persons likely to be affected by the grant or extension of the licence.
[F13(7A) Where F14. . . the Authority refuses to grant to any applicant a licence or an extension, the F14. . . Authority F15. . . 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.
[F16(7B) In paragraph (4A) “published criteria” means criteria determined by the Department and published by it from time to time which are objective and non-discriminatory.]
(7C) Paragraph (4A) shall not apply in relation to any—
(a)direct line used for a supply of gas to which Article 1 of the Commission Decision for the time being applies; or
(b)direct line, [F17pipe-line] or facility used for a supply of gas to which Article 2 of the Commission Decision for the time being applies.]
(8) Neither the requirement to consult imposed by paragraph (1) nor paragraphs (3) and (4) shall apply to the granting of any licences which are granted in the period of 3 months beginning with the day on which this Article comes into operation.
(9) Any sums received by the Director under this Article shall be paid into the Consolidated Fund.
F1Words in art. 8(1) substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 58
F2Art. 8(1)(c): "semicolon" substituted for "full stop" (12.4.2013) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013 (S.R. 2013/92), reg. 17(1)
F3Art. 8(1)(d) added (12.4.2013) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013 (S.R. 2013/92), reg. 17(1)
F4Words in art. 8(2) substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 58
F5Art. 8(2): "semicolon" substituted for "full stop" (12.4.2013) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013 (S.R. 2013/92), reg. 17(2)
F6Art. 8(2)(d) added (12.4.2013) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013 (S.R. 2013/92), reg. 17(2)
F7Words in art. 8(4) substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 59(a)
F8Words in art. 8(4)(a) substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 59(b)
F9Art. 8(4A) inserted (1.10.2006) by Gas Order 1996 (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/358), reg. 5(1)
F10Word in art. 8(4A) substituted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 5(c)
F11Words in art. 8(6) substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 60
F12Words in art. 8(7) substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 61
F13Art. 8(7A) - (7C) inserted (1.10.2006) by Gas Order 1996 (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/358), reg. 5(2)
F14Words in art. 8(7A) omitted (15.4.2011) by virtue of Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 62
F15Words in art. 8(7A) omitted (15.4.2011) by virtue of Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 62
F16Art. 8(7B) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 106; 2020 c. 1, Sch. 5 para. 1(1)
F17Word in art. 8(7C) substituted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 5(c)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.