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.

Annotations:
Amendments (Textual)
F1

fully exercised by SR 1996/216

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—

    1. a

      a pipe or system of pipes constituting or comprised in apparatus for heating or cooling or for domestic purposes; or

    2. b

      a pipe or system of pipes wholly situated—

      1. 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);

      2. 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

      3. iii

        in premises used for the purposes of education or research;

  • “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.