without the consent of the F9Authority granted under this Article; or

otherwise than in accordance with the conditions subject to which the consent of the F9Authority is granted under this Article,

will exceed 7 kilometres in length; and

will have a design operating pressure exceeding 7 bar gauge.

specify the points between which the proposed pipe-line is to run and be accompanied by a map on which is delineated the route which it is proposed to take;

specify the length, diameter and capacity of the proposed pipe-line;

be in such form, contain such other information and be accompanied by such fee as may be prescribed by regulations made by the F10Authority.

name a place where a copy of the application (and the map accompanying it) may be inspected free of charge, and copies thereof may be obtained on payment of a reasonable charge, at all reasonable hours; and

specify a time within which representations concerning the application may be made to the F10Authority.

shall remain in force for such period as may be specified in or determined under the consent; and

may be granted subject to such conditions (to be specified therein) as the F11Authority thinks fit.

as to the route which the pipe-line is to take (subject to such limits of lateral deviation as may be specified);

as to the ownership and operation of the pipe-line;

requiring works for the construction of the pipe-line to be substantially commenced within a specified period;

requiring the pipe-line, or any specified length of it, to be so constructed as to be capable of conveying specified quantities of gas.

representations concerning an application are duly made to the F12Authority under paragraph (6); and

a consent granted in pursuance of that application indicates that specified conditions are, or are to a specified extent, attributable solely to such representations;

shall specify the sums or the method of determining the sums which the F12Authority considers should be paid to the applicant by such of the persons who made representations to the F12Authority as are specified, for the purpose of defraying so much of the cost of constructing the pipe-line as is attributable to the additional conditions;

shall specify the arrangements which the F12Authority considers should be made by each of those persons, within a specified period, for the purpose of securing that those sums will be paid to the applicant if he constructs the pipe-line in accordance with the additional conditions.

by installing in it a junction through which another pipe-line may be connected to it; or

by modifying apparatus and works associated with a high pressure pipe-line so as to increase the capacity of the pipe-line,

specify the modifications which the F16Authority considers should be made in consequence of the application;

specify the sums or the methods of determining the sums which the F16Authority considers should be paid to theF1 operator by the applicant for the purpose of defraying the cost of the modifications;

specify the arrangements which the F16Authority considers should be made by the applicant, within a period specified in the directions, for the purpose of securing that those sums will be paid to theF1 operator if he carries out the modifications;

require theF1 operator, if the applicant makes those arrangements within the period specified under sub-paragraph (c), to carry out the modifications within a period specified in the directions.

has a design operating pressure exceeding 7 bar gauge; or

is of a class specified by order made by the Department.

without the consent of the F20Authority granted under this Article; or

otherwise than in accordance with the conditions subject to which the consent of the F20Authority is granted under this Article,

specify the location and capacity of the proposed gas storage facility;

be in such form, contain such other information and be accompanied by such fee as may be prescribed by regulations made by the F21Authority.

name a place where a copy of the application may be inspected free of charge, and copies thereof may be obtained on payment of a reasonable charge, at all reasonable hours; and

specify a time within which representations concerning the application may be made to the F21Authority.

shall remain in force for such period as may be specified in or determined under the consent; and

may be granted subject to such conditions (to be specified therein) as the F22Authority thinks fit.

as to the ownership and operation of the gas storage facility;

requiring works for the construction of the facility to be substantially commenced within a specified period;

requiring the facility to be so constructed as to be capable of storing specified quantities of gas.

representations concerning an application are duly made to the F23Authority under paragraph (5); and

a consent granted in pursuance of that application indicates that specified conditions are, or are to a specified extent, attributable solely to such representations;

shall specify the sums or the method of determining the sums which the F23Authority considers should be paid to the applicant by such of the persons who made representations to the F23Authority as are specified, for the purpose of defraying so much of the cost of constructing the gas storage facility as is attributable to the additional conditions;

shall specify the arrangements which the F23Authority considers should be made by each of those persons, within a specified period, for the purpose of securing that those sums will be paid to the applicant if he constructs the gas storage facility in accordance with the additional conditions.

without the consent of the Department granted under this Article; or

otherwise in accordance with the conditions subject to which the consent of the Department is granted under this Article,

specify the location and capacity of the proposed LNG facility;

be in such form, contain such other information and be accompanied by such fee as may be specified by the Department.

name the place where a copy of the application may be inspected free of charge, and copies thereof may be obtained on payment of a reasonable charge, at all reasonable hours; and

specify a time within which representations concerning the application may be made to the Department.

shall remain in force for such period as may be specified in or determined under the consent; and

may be granted subject to such conditions (to be specified therein) as the Department thinks fit.

as to the ownership and operation of the LNG facility;

requiring works for the construction of the facility to be substantially commenced within a specified period;

requiring the facility to be so constructed as to be capable of dealing with specified quantities of gas.

representations concerning an application are duly made to the Department under paragraph (4); and

a consent granted in pursuance of that application indicates that specified conditions are, or are to a specified extent, attributable solely to such representations,

shall specify the sums or the methods of determining the sums which the Department considers should be paid to the applicant by such persons who made such representations to the Department as are specified, for the purpose of defraying so much of the cost of constructing the LNG facility as is attributable to the additional conditions;

shall specify the arrangements which the Department considers should be made by each of those persons, within a specified period, for the purpose of securing that those sums will be paid to the applicant if he constructs the LNG facility in accordance with the additional conditions.

Article 35 in relation to the construction of a major F30pipe-line; F32...

Article 37 in relation to the construction of a gas storage facility F33; or

Article 37A in relation to the construction of an LNG facility,

inform the person making the application of the fact;

give him the reasons for that refusal; and

inform him of any right to challenge the refusal.

inform the person making the application (“the applicant”) of the fact;

give the applicant the reasons for that refusal; and

inform the applicant of any right to challenge the refusal.

is of a kind so specified; and

is of, or of a kind similar to, the kind which the facility is designed to process.

to decide whether the application is to be adjourned (so as to enable negotiations or further negotiations to take place), considered further or rejected;

to give notice of its decision to the applicant; and

in the case of a decision that the application is to be considered further, to give to the owner of the facility and to any person who has a right to have gas processed by the facility notice that the application is to be so considered and an opportunity of being heard about the matter.

the quantities of gas which the owner of the facility or any associate of the owner requires or may reasonably be expected to require to be processed by the facility for the purposes of any business carried on by him; and

the quantities of gas which any person who is not such an associate and has a right to have gas processed by the facility is entitled to require to be so processed in the exercise of that right,

specify the sums or the method of determining the sums which the Department considers should be paid by way of consideration for any such right; and

require the owner, if the applicant pays or agrees to pay those sums within a period specified in that behalf in the directions, to enter into an agreement with him on the terms so specified.

both of them are companies; and

one of the companies has control of the other, or both are under the control of the same person or persons;

in the case of an applicant who conveys or intends to convey gas through a gas transmission F42pipe-line, and who holds or expects to hold a licence under Article 8(1)(a), the requirement under Article 8B that he be certified at all times when he acts under the authority of the licence;

any condition specified in an order under Article 7(1)(c) or included in a licence under Article 10A insofar as it relates to compliance F49with provisions corresponding to those set out in Articles 32, 33 or 34 of the Directive; and

any conditions specified in an order under Article 7(1)(c) or included in a licence under Article 10A insofar as it relates to the determination of tariffs or methods for the determination of tariffs for connection and access to F44pipe-lines or facilities or the provision of balancing services,

the reference to Article 32 of the Directive is to be read as a reference to that Article with the modifications set out in Article 10A(4) of this Order;

the reference to Article 33 of the Directive is to be read as a reference to that Article with the modifications set out in Article 10A(15)(b) of this Order;

the reference to the internal market in natural gas were a reference to the market in gas in Northern Ireland; and

the reference to security of supply of natural gas in the Union were a reference to security of supply of gas in the United Kingdom.

terms specifying the period of the exemption or specifying how that period is to be determined;

terms on whether the exemption applies to all of the F43pipe-line or facility to which the application relates or only a specified part thereof;

terms requiring charges to be imposed on users of the F43pipe-line or facility and for specifying or determining the amount of those charges;

terms which ensure that the exemption is not detrimental to competition or the effective functioning of the market in gas in Northern Ireland or to the achievement of the objectives or the discharge of the general duties of the Authority and the Department under Part III of the Energy (Northern Ireland) Order 2003; and

such terms regarding non discriminatory access to the F43pipe-line or facility in question as the Authority considers appropriate.

it is to be modified so as to provide for a significant increase in its capacity or to enable development of a new source of gas supply;

the exemption has effect only in relation to that modification; and

no previous exemption has been given in respect of that modification.

if its construction or, as the case may be, the making of the modification to which the exemption relates has not been started within the 2 years beginning with the relevant date; or

if it, or (as the case may be) the modification to which the exemption relates, is not operational within 5 years beginning on the relevant date.

if F55before IP completion day the European Commission notified the Authority that it approved the exemption and terms as copied to it under paragraph (1) F56(as it then had effect), the date of that notification;

if F57before IP completion day, in accordance with Article 36(9) of the Directive, the European Commission required the Authority to modify the terms, the date of that requirement; or

if the decision to give the exemption was published under Article 39A(12) on or after IP completion day, the date on which the decision was published under Article 39A(12).

in accordance with the provisions of the exemption; or

by giving the owner of the F46pipe-line or facility in question a notice of a revocation at least 4 months before the revocation takes effect.