Gas Order 1996 (Amendment) Regulations (Northern Ireland) 2006

Licences

5.—(1) After Article 8(4) there shall be inserted the following paragraph—

“(4A) A licence shall not be granted or extended unless the applicant therefor and, if appropriate, the construction or operation of any pipeline, facility or associated apparatus used or to be used in connection with any activity carried out under the licence meets the published criteria.”.

(2) After Article 8(7) there shall be inserted the following paragraphs—

“(7A) Where the Department or the Authority refuses to grant to any applicant a licence or an extension, the Department or Authority, as the case may be, shall by notice in writing—

(a) inform the person making the application of the fact;

(b) give him the reasons for that refusal; and

(c) inform him of any right to challenge the refusal.

(7B) In paragraph (4A) “published criteria” means the criteria determined by the Department from time to time for the purposes of and in accordance with—

(a) Article 4(2) of the Directive; or

(b) in relation to the construction or operation of a direct line (within the meaning of the Directive), Article 24(2) of the Directive,

and published by it.

(7C) Paragraph (4A) shall not apply in relation to any—

(a) direct line used for a supply of gas to which Article 1 of the Commission Decision for the time being applies; or

(b) direct line, pipeline or facility used for a supply of gas to which Article 2 of the Commission Decision for the time being applies.”.