The Gas (Northern Ireland) Order 1996PART IINTRODUCTORY1Citation and commencement2Interpretation ‐ generalPART IIGAS SUPPLY AND ASSOCIATED ACTIVITIESInterpretation3Interpretation of Part IIArts. 4‐5 rep. by 2003 NI 6 Licensing of supply of gas and associated activities6Prohibition on unlicensed supply of gas and associated activities7Exemptions from Article 67AClosed distribution systems7B(1) Any condition specified in an order under Article 7(1)(c)...7C(1) If, after a system has been classified as a...7D(1) In Article 7A to 7C— “ charging statement ”...8Licences authorising supply, etc.8ALicences under Article 8(1)(a)8BThe conveyance of gas: requirement to be certified as independent8CApplication for certification8DReport where applicant connected with a country outside the United Kingdom 8ECertification8FGrounds for certification8GThe ownership unbundling requirement8HDesignation for the purposes of the Gas Regulation 8IMonitoring and review of certification8JReport as to any connection of a certified person with a country outside the United Kingdom 8KContinuation or withdrawal of certification8LInterpretation9Exclusive licences under Article 8(1)(a) or (c)9AThe prohibition in Article 9(3) does not apply to the...10Conditions of licences10ALicences: further conditions10AALicensing and energy efficiency10BExemption from requirement for system access11Standard conditions of licences12Assignment of licences13Powers of licence holdersModification of licences14Modification of conditions of licences14AModification of conditions under Article 14: supplementary15Modification references to Competition and Markets Authority15AReferences under Article 15: time limits15BReferences under Article 15: powers of investigation16Reports on modification references17Modification following report17ACMA's power to veto modifications following report18Modification by order under other statutory provisionsArt. 18A rep. by 2003 NI 6 Arts. 19‐21 rep. by 2003 NI 6 Appeal from decisions of the Authority14BAppeal to the CMA14CProcedure on appeal to CMA14DDetermination by CMA of appeal14ECMA's powers on allowing appeal14FTime limits for CMA to determine an appeal14GDetermination of appeal by CMA: supplementaryMeters21AIndividual meters22Meter testing and stampingConsumer protection: miscellaneous23Functions with respect to competition24Fixing of maximum charges for reselling gas24ASuppliers of Last Resort24ABilling disputes: gas24BBilling disputesArts. 25, 26 rep. by 2003 NI 6 Other functions of Director27General functions27ADispute resolutionArt. 28 rep. by 2003 NI 6 29Keeping of register30Power to require information, etc.Art. 31 rep. by 2003 NI 6 32Annual and other reportsProvisions with respect to the General Consumer CouncilArt. 33 rep. by 2003 NI 6 34Reports of the General Consumer CouncilMajor pipe-lines, gas storage facilities and gas processing facilities35Consent of Authority for construction of major pipe-line36Increase of capacity, etc. of pipe-line37Consent of Authority for construction of gas storage facility37AConsent of Department for construction of LNG facility38Increase of capacity of gas storage facility38ARequirements for major pipe-lines etc38BIncrease of capacity of LNG facility39Acquisition of rights to use gas processing facilities39A(1) A person who is or expects to be the...39BIf the Authority gives, or refuses to give, an exemption...Miscellaneous40Directions for preserving security of gas supplies, etc.41Exclusion of certain agreements from Restrictive Trade Practices Act 197642Disposal of assets of former gas undertaker to require consent of Department43Transfer to licence holder of assets and liabilities of former gas undertakerArt. 44 rep. by 2003 NI 6 45Directions restricting the use of certain information46Making of false statements, etc.Supplemental47Concurrent proceedings48Public inquiriesPART IIISAFETYInterpretation49Interpretation of Part IIISafety of pipe-linesArts. 50‐54 rep. by SR 1997/193 55Prohibition by Department of use or testing of pipe-lineArts. 56‐58 rep. by SR 1997/193 Information, hearings and notices59Notification of abandonment, cesser of use and beginning or resumption of use of pipe-lines or lengths thereof60Fire authority, police, etc., to he notified of certain pipe-line accidents and to he furnished with information61Notification of change of ownership of pipe-line62Regulations as to hearings under this Part63Provisions as to requirements and prohibitions imposed under this PartMiscellaneousArt. 64 rep. by SR 1997/195 65Powers of entryPART IVSUPPLEMENTAL66Repayment of fees67Compensation68Application to Crown land69Regulations and orders70Directions71Amendments, transitional provisions, savings and repealsSCHEDULESSCHEDULE 2COMPULSORY ACQUISITION OF LANDPART ICOMPULSORY ACQUISITION OF LAND BY LICENCE HOLDERS1(1) Where a licence holder proposes to acquire, otherwise than...2(1) No application shall be made under paragraph 1 for...3(1) The power to make a vesting order under paragraph...4(1) Nothing in this Schedule shall authorise the acquisition, without...5(1) Where a licence holder has acquired any land under...6Schedule 6 to the Local Government Act (Northern Ireland) 1972...PART IILICENCE HOLDERS' LAND EXCLUDED FROM COMPULSORY ACQUISITION7Where— (a) an application for a vesting order is made...SCHEDULE 3OTHER POWERS ETC., OF LICENCE HOLDERSInterpretation (1) In this Schedule— “controlled works” means any such works...Interpretation1(1) In this Schedule— “controlled works” means any such works...Works involving breaking up streets2(1) Subject to the Street Works (Northern Ireland) Order 1995...Alteration of apparatus, etc., under streets3(1) Subject to sub-paragraph (2), a licence holder may, subject...Alteration of gas apparatus under streets4(1) An electricity licence holder, government department, electronic communications code...Controlled works in a street near to apparatus5(1) The following provisions of this paragraph apply where a...Works in a street near to gas apparatus6(1) The following provisions of this paragraph apply where an...Emergency works7(1) Where any person would be required to serve any...Protection from interference8(1) Subject to sub-paragraph (2), a licence holder who carries...Modification of paragraphs 2 to 89The provisions of paragraphs 2 to 8 may be modified...Acquisition of wayleaves10(1) This paragraph applies where— (a) for any purpose connected...Assignment of necessary wayleave10A(1) Subject to the following provisions of this paragraph, a...Provisions supplementary to paragraph 1011(1) Where a wayleave is granted to a licence holder...Temporary continuation of wayleaves12(1) This paragraph applies where at any time such a...Felling and lopping of trees, etc.13(1) This paragraph applies where any tree is or will...Entry on land for purposes of exploration14(1) Subject to the following provisions of this paragraph and...Provisions supplementary to paragraphs 13 and 1415(1) Any person who intentionally obstructs a person acting in...SCHEDULE 3AProcedure for appeals under Article 14BApplication for permission to bring appeal1(1) An application for permission to bring an appeal may...Suspension of decision2(1) The CMA may direct that, pending the determination of...Time limit for representations and observations by the Authority3(1) Sub-paragraph (2) applies where the Authority wishes to make...Consideration and determination of appeal by group4(1) A group constituted by the chair of the CMA...Matters to be considered on appeal5(1) The CMA, if it thinks it necessary to do...Production of documents etc.6(1) For the purposes of this Schedule, the CMA may,...Oral hearings7(1) For the purposes of this Schedule an oral hearing...Written statements8(1) The CMA may, by notice, require a person to...Expert advice9Where permission to bring an appeal is granted under paragraph...Defaults in relation to evidence10(1) If a person (“ the defaulter ”)— Appeal rules11(1) The CMA Board may make rules of procedure regulating...Costs12(1) A group that determines an appeal must make an...Interpretation of Schedule13(1) In this Schedule— “ appeal ” means an appeal...SCHEDULE 5POWERS OF ENTRY, ETC.Interpretation In this Schedule— “gas fittings” means any fittings, apparatus and...Interpretation1In this Schedule— “gas fittings” means any fittings, apparatus and...Powers of entry, etc.2(1) The Department may by regulations make provision for empowering...3(1) The Department may by regulations make provision— 4(1) Any person authorised by a relevant licence holder may...Exercise of powers of entry5(1) A power of entry conferred by or under this...Warrant to authorise entry6(1) Where a justice of the peace is satisfied by...Premises to be left secure and damage to be made good7Where, under any powers conferred by or under this Schedule,...Penalty for obstruction8If any person intentionally obstructs any person exercising powers of...SCHEDULE 7TRANSITIONAL AND SAVING PROVISIONSInterpretation (1) In this Schedule— “appointed day”, in any provision, means...Interpretation1(1) In this Schedule— “appointed day”, in any provision, means...Rundown and closure of former gas undertakers2Except as provided by Articles 42 and 43, this Order...Transitional arrangements for former gas undertakers becoming licence holders under this Order3(1) This paragraph applies to a person who— Power to make further transitional provisions4Without prejudice to Article 1(3), the Department may at any...Statutory Instruments1996 No. 275 (N.I. 2)The Gas (Northern Ireland) Order 199614th February 1996