C1 Part I Gas Supply

Annotations:
Modifications etc. (not altering text)
C1

Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(b), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(e) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Pt. I applied (1.3.1996) by 1995 c. 45, s. 6(7); S.I. 1996/218, art. 2

Pt. I applied (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 1; S.I. 1996/218, art. 2

F1 Use by other persons of public gas transporter’s pipe-line systems

Annotations:
Amendments (Textual)
F1

S. 19 and preceding cross-heading substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 16; S.I. 1996/218, art. 2

19DF2 Acquisition of rights to use LNG facilities.

1

F22Subject to subsection (2A), the owner of an LNG import facility to which this section applies (a “relevant facility”)—

a

shall publish F16prior to their entry into force the main commercial conditions relating to the grant to another person of a right to have F16liquid gas treated in the facility on that person’s behalf; and

b

shall publish any changes to the published conditions as soon as they become effective.

F152

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92A

The cost or the method of determining the cost of acquiring the right to have liquid gas treated in a relevant facility and any changes thereto must be approved by the Authority prior to their publication; and such approval may be given on condition that certain modifications are made to the cost or methodology.

2B

Before the owner of a relevant facility seeks approval under subsection (2A) he must carry out such consultation as the Authority may require.

3

The owner of a relevant facility shall ensure that the conditions which he is required to publish under subsection (1) do not discriminate against any applicants or descriptions of applicants, or any potential applicants or descriptions of potential applicants, for a right to have F17liquid gas treated in the facility.

4

Any person who seeks a right to have F20liquid gas treated on his behalf in a relevant facility (“the applicant”) shall, before making an application to the Director under subsection (8), apply to the owner of the facility for the right.

5

An application under subsection (4) shall be made by giving notice to the owner specifying what is being sought.

6

Such a notice shall, in particular, specify—

F11a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the kind of F21liquid gas to be treated (which must be of, or similar to, the kind which the facility is designed to treat); and

c

the quantities of F12liquid gas to be treated.

F187

The owner shall notify the applicant of his decision giving reasons for any refusal.

8

If the owner F4refuses the application , the applicant may apply to the Director for directions under subsection (11) which would secure to the applicant the right specified in the notice under subsection (5).

F149

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

F6Where a person applies to the Authority under subsection (8), the Authority shall—

F10a

decide whether to give directions under subsection (11), to consider the application further or to reject the application

b

give notice of his decision to the applicant; and

F13c

in the case of a decision that the application is to be considered further—

i

give to the owner of the facility, the Health and Safety Executive and any person who has a right to have liquid gas treated in the facility notice that the application is to be so considered and an opportunity of being heard about the matter; and

ii

after so considering the matter, decide whether to give directions under subsection (11) or to reject the application and give notice of its decision to the applicant.

11

Where, after considering an application under subsection (8), the Director is satisfied that the giving of directions under this subsection would not prejudice the efficient operation of the facility, or the treatment in the facility of—

a

the quantities of F7liquid gas which the owner of the facility requires or may reasonably be expected to require to be treated in the facility; and

b

the quantities of F7liquid gas which any person who has a right to have F7liquid gas treated in the facility is entitled to require to be so treated in the exercise of that right;

the Director may give such directions to the owner of the facility.

12

Directions under subsection (11) may—

a

specify the terms on which the Director considers the owner of the facility should enter into an agreement with the applicant for all or any of the following purposes—

i

for securing to the applicant the right to have treated in the facility, F3... and in the quantities so specified or determined by or under the directions, F8liquid gas which is of a kind so specified;

ii

for securing that the exercise of that right is not prevented or impeded;

iii

for regulating the charges which may be made for the treatment of F5liquid gas by virtue of that right;

iv

for securing to the applicant such ancillary or incidental rights as the Director considers necessary or expedient F19...;

b

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

c

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.