The Gas (Northern Ireland) Order 1996

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Citation and commencement

    2. 2.Interpretation ‐ general

  3. PART II GAS SUPPLY AND ASSOCIATED ACTIVITIES

    1. Interpretation

      1. 3.Interpretation of Part II

      2. Arts. 4‐5 rep. by 2003 NI 6

    2. Licensing of supply of gas and associated activities

      1. 6.Prohibition on unlicensed supply of gas and associated activities

      2. 7.Exemptions from Article 6

      3. 7A.Closed distribution systems

      4. 7B.(1) Any condition specified in an order under Article 7(1)(c)...

      5. 7C.(1) If, after a system has been classified as a...

      6. 7D.(1) In Article 7A to 7C— “ charging statement ”...

      7. 8.Licences authorising supply, etc.

      8. 8A.Licences under Article 8(1)(a)

      9. 8B.The conveyance of gas: requirement to be certified as independent

      10. 8C.Application for certification

      11. 8D.Report where applicant connected with a country outside the European Economic Area

      12. 8E.Certification

      13. 8F.Grounds for certification

      14. 8G.The ownership unbundling requirement

      15. 8H.Designation for the purposes of EU gas legislation

      16. 8I.Monitoring and review of certification

      17. 8J.Report as to any connection of a certified person with a country outside the European Economic Area

      18. 8K.Continuation or withdrawal of certification

      19. 8L.Interpretation

      20. 9.Exclusive licences under Article 8(1)(a) or (c)

      21. 9A.Limitation of rights under exclusive licences

      22. 10.Conditions of licences

      23. 10A.Compliance with Community obligations

      24. 10AA.Licensing and Energy Efficiency

      25. 10B.Exemption from requirement for system access

      26. 11.Standard conditions of licences

      27. 12.Assignment of licences

      28. 13.Powers of licence holders

    3. Modification of licences

      1. 14.Modification by agreement

      2. 14A.Modification of conditions under Article 14: supplementary

      3. 15.Modification references to Competition and Markets Authority

      4. 15A.References under Article 15: time limits

      5. 15B.References under Article 15: powers of investigation

      6. 16.Reports on modification references

      7. 17.Modification following report

      8. 17A.CMA's power to veto modifications following report

      9. 18.Modification by order under other statutory provisions

      10. Art. 18A rep. by 2003 NI 6

      11. Arts. 19‐21 rep. by 2003 NI 6

    4. Appeal from decisions of the Authority

      1. 14B.Appeal to the CMA

      2. 14C.Procedure on appeal to CMA

      3. 14D.Determination by CMA of appeal

      4. 14E.CMA's powers on allowing appeal

      5. 14F.Time limits for CMA to determine an appeal

      6. 14G.Determination of appeal by CMA: supplementary

    5. Meters

      1. 21A.Individual meters

      2. 22.Meter testing and stamping

    6. Consumer protection: miscellaneous

      1. 23.Functions with respect to competition

      2. 24.Fixing of maximum charges for reselling gas

      3. 24A.Suppliers of Last Resort

      4. 24A.Billing disputes: gas

      5. 24B.Billing disputes

      6. Arts. 25, 26 rep. by 2003 NI 6

    7. Other functions of Director

      1. 27.General functions

      2. 27A.Dispute resolution

      3. Art. 28 rep. by 2003 NI 6

      4. 29.Keeping of register

      5. 30.Power to require information, etc.

      6. Art. 31 rep. by 2003 NI 6

      7. 32.Annual and other reports

    8. Provisions with respect to the General Consumer Council

      1. Art. 33 rep. by 2003 NI 6

      2. 34.Reports of the General Consumer Council

    9. Major pipe-lines, gas storage facilities and gas processing facilities

      1. 35.Consent of Director for construction of major pipe-line

      2. 36.Increase of capacity, etc. of pipe-line

      3. 37.Consent of Director for construction of gas storage facility

      4. 37A.Consent of Department for construction of LNG facility

      5. 38.Increase of capacity of gas storage facility

      6. 38A.Requirements for major pipelines etc

      7. 38B.Increase of capacity of LNG facility

      8. 39.Acquisition of rights to use gas processing facilities

      9. 39A.(1) A person who is or expects to be the...

      10. 39B.If the Authority gives, or refuses to give, an exemption...

    10. Miscellaneous

      1. 40.Directions for preserving security of gas supplies, etc.

      2. 41.Exclusion of certain agreements from Restrictive Trade Practices Act 1976

      3. 42.Disposal of assets of former gas undertaker to require consent of Department

      4. 43.Transfer to licence holder of assets and liabilities of former gas undertaker

      5. Art. 44 rep. by 2003 NI 6

      6. 45.Directions restricting the use of certain information

      7. 46.Making of false statements, etc.

    11. Supplemental

      1. 47.Concurrent proceedings

      2. 48.Public inquiries

  4. PART III SAFETY

    1. Interpretation

      1. 49.Interpretation of Part III

    2. Safety of pipe-lines

      1. Arts. 50‐54 rep. by SR 1997/193

      2. 55.Prohibition by Department of use or testing of pipe-line

      3. Arts. 56‐58 rep. by SR 1997/193

    3. Information, hearings and notices

      1. 59.Notification of abandonment, cesser of use and beginning or resumption of use of pipe-lines or lengths thereof

      2. 60.Fire authority, police, etc., to he notified of certain pipe-line accidents and to he furnished with information

      3. 61.Notification of change of ownership of pipe-line

      4. 62.Regulations as to hearings under this Part

      5. 63.Provisions as to requirements and prohibitions imposed under this Part

    4. Miscellaneous

      1. Art. 64 rep. by SR 1997/195

      2. 65.Powers of entry

  5. PART IV SUPPLEMENTAL

    1. 66.Repayment of fees

    2. 67.Compensation

    3. 68.Application to Crown land

    4. 69.Regulations and orders

    5. 70.Directions

    6. 71.Amendments, transitional provisions, savings and repeals

  6. SCHEDULES

    2. SCHEDULE 2

      COMPULSORY ACQUISITION OF LAND

      1. PART I COMPULSORY ACQUISITION OF LAND BY LICENCE HOLDERS

        1. 1.(1) Where a licence holder proposes to acquire, otherwise than...

        2. 2.(1) No application shall be made under paragraph 1 for...

        3. 3.(1) The power to make a vesting order under paragraph...

        4. 4.(1) Nothing in this Schedule shall authorise the acquisition, without...

        5. 5.(1) Where a licence holder has acquired any land under...

        6. 6.Schedule 6 to the Local Government Act (Northern Ireland) 1972...

      2. PART II LICENCE HOLDERS' LAND EXCLUDED FROM COMPULSORY ACQUISITION

        1. 7.Where— (a) an application for a vesting order is made...

    3. SCHEDULE 3

      OTHER POWERS ETC., OF LICENCE HOLDERS

      1. Interpretation (1) In this Schedule— “controlled works” means any such works...

        1. Interpretation

          1. 1.(1) In this Schedule— “controlled works” means any such works...

        2. Works involving breaking up streets

          1. 2.(1) Subject to the Street Works (Northern Ireland) Order 1995...

        3. Alteration of apparatus, etc., under streets

          1. 3.(1) Subject to sub-paragraph (2), a licence holder may, subject...

        4. Alteration of gas apparatus under streets

          1. 4.(1) An electricity licence holder, government department, electronic communications code...

        5. Controlled works in a street near to apparatus

          1. 5.(1) The following provisions of this paragraph apply where a...

        6. Works in a street near to gas apparatus

          1. 6.(1) The following provisions of this paragraph apply where an...

        7. Emergency works

          1. 7.(1) Where any person would be required to serve any...

        8. Protection from interference

          1. 8.(1) Subject to sub-paragraph (2), a licence holder who carries...

        9. Modification of paragraphs 2 to 8

          1. 9.The provisions of paragraphs 2 to 8 may be modified...

        10. Acquisition of wayleaves

          1. 10.(1) This paragraph applies where— (a) for any purpose connected...

        11. Assignment of necessary wayleave

          1. 10A.(1) Subject to the following provisions of this paragraph, a...

        12. Provisions supplementary to paragraph 10

          1. 11.(1) Where a wayleave is granted to a licence holder...

        13. Temporary continuation of wayleaves

          1. 12.(1) This paragraph applies where at any time such a...

        14. Felling and lopping of trees, etc.

          1. 13.(1) This paragraph applies where any tree is or will...

        15. Entry on land for purposes of exploration

          1. 14.(1) Subject to the following provisions of this paragraph and...

        16. Provisions supplementary to paragraphs 13 and 14

          1. 15.(1) Any person who intentionally obstructs a person acting in...

    4. SCHEDULE 3A

      Procedure for appeals under Article 14B

      1. Application for permission to bring appeal

        1. 1.(1) An application for permission to bring an appeal may...

      2. Suspension of decision

        1. 2.(1) The CMA may direct that, pending the determination of...

      3. Time limit for representations and observations by the Authority

        1. 3.(1) Sub-paragraph (2) applies where the Authority wishes to make...

      4. Consideration and determination of appeal by group

        1. 4.(1) A group constituted by the chair of the CMA...

      5. Matters to be considered on appeal

        1. 5.(1) The CMA, if it thinks it necessary to do...

      6. Production of documents etc.

        1. 6.(1) For the purposes of this Schedule, the CMA may,...

      7. Oral hearings

        1. 7.(1) For the purposes of this Schedule an oral hearing...

      8. Written statements

        1. 8.(1) The CMA may, by notice, require a person to...

      9. Expert advice

        1. 9.Where permission to bring an appeal is granted under paragraph...

      10. Defaults in relation to evidence

        1. 10.(1) If a person (“ the defaulter ”)—

      11. Appeal rules

        1. 11.(1) The CMA Board may make rules of procedure regulating...

      12. Costs

        1. 12.(1) A group that determines an appeal must make an...

      13. Interpretation of Schedule

        1. 13.(1) In this Schedule— “ appeal ” means an appeal...

    6. SCHEDULE 5

      POWERS OF ENTRY, ETC.

      1. Interpretation In this Schedule— “gas fittings” means any fittings, apparatus and...

        1. Interpretation

          1. 1.In this Schedule— “gas fittings” means any fittings, apparatus and...

        2. Powers of entry, etc.

          1. 2.(1) The Department may by regulations make provision for empowering...

          2. 3.(1) The Department may by regulations make provision—

          3. 4.(1) Any person authorised by a relevant licence holder may...

        3. Exercise of powers of entry

          1. 5.(1) A power of entry conferred by or under this...

        4. Warrant to authorise entry

          1. 6.(1) Where a justice of the peace is satisfied by...

        5. Premises to be left secure and damage to be made good

          1. 7.Where, under any powers conferred by or under this Schedule,...

        6. Penalty for obstruction

          1. 8.If any person intentionally obstructs any person exercising powers of...

    8. SCHEDULE 7

      TRANSITIONAL AND SAVING PROVISIONS

      1. Interpretation (1) In this Schedule— “appointed day”, in any provision, means...

        1. Interpretation

          1. 1.(1) In this Schedule— “appointed day”, in any provision, means...

        2. Rundown and closure of former gas undertakers

          1. 2.Except as provided by Articles 42 and 43, this Order...

        3. Transitional arrangements for former gas undertakers becoming licence holders under this Order

          1. 3.(1) This paragraph applies to a person who—

        4. Power to make further transitional provisions

          1. 4.Without prejudice to Article 1(3), the Department may at any...