PART IINTRODUCTORY
Citation and commencement1
1
This Order may be cited as the Gas (Northern Ireland) Order 1996.
2
This Order shall come into operation on such day or days as the Head of the Department may by order appointF1.
3
An order under paragraph (2) may contain such transitional or saving provisions as appear to the Head of the Department to be necessary or expedient.
Interpretation ‐ general2
1
The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
2
In this Order—
F2“the CMA” means the Competition and Markets Authority;
“construction”, in relation to a pipe-line, includes placing;
“the Department” means the Department of Economic Development;
Definition rep. by 2003 NI 6
“government department” means a department of the Government of the United Kingdom or a Northern Ireland department;
“modifications” includes additions, omissions, amendments and substitutions;
“notice” means notice in writing;
“pipe-line” means a pipe (together with any apparatus and works associated therewith), or system of pipes (together with any apparatus and works associated therewith) for the conveyance of gas, not being—
- a
a pipe or system of pipes constituting or comprised in apparatus for heating or cooling or for domestic purposes; or
- b
a pipe or system of pipes wholly situated—
- i
within the site of any apparatus or works to which certain provisions of the [1965 c. 20 (N.I.).] Factories Act (Northern Ireland) 1965 apply by virtue of section 125(1) of that Act (building operations and works of engineering construction);
- ii
within the boundaries of any land occupied as a unit for purposes of agriculture (within the meaning of the [1949 c. 2 (N.I.).] Agriculture Act (Northern Ireland) 1949), where the pipe or system of pipes is designed for use for purposes of agriculture; or
- iii
in premises used for the purposes of education or research;
- i
- a
“premises” includes any land, building or structure;
“prescribed” means prescribed by regulations;
“regulations” (except in Articles 22, 35 and 37) means regulations made by the Department;
“statutory provision” has the meaning assigned to it by section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954.
3
For the purposes of this Order the following apparatus and works, and no other, shall be treated as being associated with a pipe, or system of pipes, namely,—
a
apparatus for inducing or facilitating the flow of gas through, or through a part of, the pipe or system;
b
valves, valve chambers, manholes, inspection pits and similar works, being works annexed to, or incorporated in the course of, the pipe or system;
c
apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in sub-paragraph (a) or (b);
d
apparatus for the transmission of information for the operation of the pipe or system;
e
apparatus for affording cathodic protection to the pipe or system;
f
a structure for the exclusive support of a part of the pipe or system.
4
For the purposes of this Order the length of a pipe-line shall be taken to be the total length of pipe comprised in it; but where, in a system of pipes, a number of adjacent parallel lengths of pipe serve the same purpose as would be served by a single pipe of a diameter greater than that of any of those lengths, that number shall be taken to constitute a single pipe.
5
For the purposes of this Order the execution of works in land for the purpose of determining whether or not it is suitable for the placing in it of a pipe-line and the carrying out of surveying operations for the purpose of settling the route of a proposed pipe-line shall be deemed not to constitute the execution of works for the construction of a pipe-line.