National and regional gas transportation hereditaments
9.—(1) Where Transco occupies or, if it is unoccupied, owns what would, apart from these Regulations, be more than one hereditament, and each of those hereditaments satisfies the conditions set out in paragraph (4), those hereditaments shall be treated as one hereditament.
(2) Subject to paragraph (3), where a company which is a designated person by virtue of regulation 3(1) and Part 4 of the Schedule occupies or, if it is unoccupied, owns what would, apart from these Regulations, be more than one hereditament, and each of those hereditaments satisfies the conditions set out in paragraph (4), those hereditaments shall be treated as one hereditament.
(3) Paragraph (2) shall not apply where the hereditament is occupied or if unoccupied, owned by Transco.
(4) The conditions are that each of the hereditaments is—
(a)used wholly or mainly for the purposes of the designated person acting as a gas transporter; and
(b)not an excepted hereditament.
(5) In this regulation and Part 4 of the Schedule—
“excepted hereditament” means—
a hereditament to which regulation 11 applies; and
a hereditament consisting of or comprising one or more of the following—
premises used wholly or mainly as office premises, where those premises are not situated on operational land of the designated person;
premises used wholly or mainly for the manufacture of plant or gas fittings;
premises used wholly or mainly as storage facilities, being underground storage cavities, liquefied natural gas storage facilities and facilities used or available for use in connection with off-shore storage;
“gas transporter” has the meaning given by section 7 of the Gas Act 1986(1);
“Transco” means Transco plc and each subsidiary of National Grid Transco plc existing on 1st March 2005; and
“subsidiary” has the meaning given by section 736 of the Companies Act 1985(2).
(6) The hereditament described in paragraph (1) shall be treated as occupied by Transco.
(7) The hereditament described in paragraph (2) shall be treated as occupied by the relevant designated person.
1986 c. 44. Relevant amendments made by section76 of the Utilities Act 2000 (c. 27).
1985 c. 6.Substituted, together with section 736A, for section 736 as originally enacted, by section 144(1) of the Companies Act 1989 (c. 40).