The Gas (Northern Ireland) Order 1996

Interpretation of Part II N.I.

3.—(1) In this Part—

• “the 1973 Act” means the [1973 c. 41.] Fair Trading Act 1973;

• “the 1980 Act” means the [1980 c. 21.] Competition Act 1980;

• [F1 “the 2011 Regulations” means The Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011;]

• [F2 “the Commission Decision” means Commission Decision PH (2005) 0791 granting a derogation from certain provisions of Directive 2003/55/EC of the European Parliament and of the Council in respect of Northern Ireland;]

• [F3 “the Directive” means European Parliament and Council Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC;]

• “exemption” means an exemption under Article 7;

• “gas plant” includes any plant, equipment, pipe-line or apparatus used for, or for purposes connected with, the conveyance, storage or supply of gas;

• “gas storage facility” means any facility [F4 (other than a facility in, under or over the territorial sea adjacent to Northern Ireland)] designed or adapted for the storage of gas in bulk (whether in a liquid state or not), not being a pipe or other conduit for the conveyance of gas;

• “the General Consumer Council” means the General Consumer Council for Northern Ireland;

• “information” includes accounts, estimates and returns;

• “licence” means a licence granted under Article 8;

• “licence holder” means the holder of a licence granted under Article 8;

• “the Monopolies Commission” means the Monopolies and Mergers Commission.

• [F5 “vertically integrated undertaking” has the meaning given in Article 2(20) of the Directive.]

(2) In this Part “gas” means any substance which is in a gaseous state at a temperature of 15°C and a pressure of 1013.25 millibars and—

(a) consists wholly or mainly of methane; or

(b) is specified in an order made by the Department; or

(c) consists wholly or mainly of—

(i) a mixture of two or more substances falling within sub-paragraph (a) or (b); or

(ii) a combustible mixture of one or more such substances and air.

(3) This Part applies only in relation to gas supplied, or intended to be supplied, through pipes; and references in this Part to gas shall be construed accordingly.

F1 Art. 3: definition of "the 2011 regulations" inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 85(c)

F2 Art. 3: definition of "the Commission Decision" substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 85(b)

F3 Art. 3: definition of "the Directive" substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 85(a)

F4 Art. 3(1): words in definition of "gas storage facility" inserted (13.11.2009 for certain purposes, otherwise prosp.) by Energy Act 2008 (c. 32), ss. 36, 110(2), Sch. 1 para. 5; S.I. 2009/2809, art. 2(1)(b) (subject to art. 2(2)(3))

F5 Art. 3: definition of "vertically integrated undertaking" inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 85(c)