PART IIN.I.GAS SUPPLY AND ASSOCIATED ACTIVITIES

InterpretationN.I.

Interpretation of Part IIN.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;

  • [F5“LNG” means liquid gas, and gas which has been, or is to be, treated in an LNG facility;

  • “LNG facility” means a terminal which is used for the liquefication of natural gas or the importation, offloading and regasification of LNG, and includes ancillary services and temporary storage necessary for the regasification process and subsequent delivery to a gas transmission system, but does not include any part of an LNG terminal used for storage;]

  • “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 [F6;]

  • [F7“operate” in relation to an LNG facility includes the carrying out of the functions of liquefication of natural gas or the importation, offloading and regasification of LNG;]

  • [F8“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.

F4Art. 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))

F6Art. 3(1): in the definition of "the Monopolies Commission" at the end "semicolon" substituted for "full stop"(12.4.2013) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013 (S.R. 2013/92), reg. 12(b)

F8Art. 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)

Arts. 4‐5 rep. by 2003 NI 6