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The Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2009

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Regulation 5

SCHEDULE 1

Regulation 6

SCHEDULE 2

PART 1FURTHER INFORMATION AND DOCUMENTS TO ACCOMPANY AN APPLICATION IN RESPECT OF A SUPPLIER LICENCE

1.  A supplier licence may authorise the holder to supply gas—

(a)to any premises;

(b)only to premises specified in the licence, or to premises of a description so specified; or

(c)only to any premises situated in a specified area, or to premises of a specified description which are so situated, (section 7A(1) of the Act).

Please specify whether (a), (b) or (c) above is applicable. Specify or describe the premises and the location of the premises intended to be supplied, and, in the case of an application that relates to (c) above, also the specified area. Any description must be sufficient to enable the premises, location or areas concerned to be adequately and readily identified by map, or by other means. Also state whether the application relates to domestic premises.

2.  For all applications for supplier licences, or extensions of such licences, state whether the licence or extension is to authorise the supply of gas to premises to which it is conveyed by a gas transporter, and if not give details of any exemption under section 6A of the Act under which the gas is or will be conveyed.

RESTRICTION OF A SUPPLIER LICENCE

3.  If the application is for a restriction of a licence provide—

(a)an estimate of the total number of premises to which the applicant supplies gas at the time of the application and which the applicant would cease to supply gas if the application were acceded to; and

(b)unless there are, at the date of the application, no relevant consumers (within the meaning of section 7A(10) of the Act) in relation to the applicant, a description of the applicant’s proposed arrangements under section 7A(9) of the Act for—

(i)ensuring continuity of supply for all such relevant consumers; and

(ii)in the case of each such consumer who is supplied with gas in pursuance of a contract (within the meaning of that section), for ensuring that the terms are the same or as similar as possible to the terms in place between it and that consumer immediately before the restriction is to have effect.

PART 2FURTHER INFORMATION AND DOCUMENTS TO ACCOMPANY AN APPLICATION IN RESPECT OF A SHIPPER LICENCE

1.  A shipper licence may authorise the holder to—

(a)make arrangements generally with any gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipe‑line system operated by that transporter; or

(b)make such arrangements for purposes connected with the supply of gas to specified premises, being—

(i)any premises in a specified area;

(ii)any premises of a specified description (whether in a specified area or throughout Great Britain); or

(iii)particular premises, (section 7A(2) of the Act).

Specify or describe the premises, location of the premises and the specified area, if any, to which the application relates. The description should enable the premises, location or areas concerned to be adequately and readily identified by map, or by other means.

PART 3FURTHER INFORMATION AND DOCUMENTS TO ACCOMPANY AN APPLICATION IN RESPECT OF A TRANSPORTER LICENCE

1.  A transporter licence may authorise the holder to convey gas—

(a)to any premises; and/or

(b)to any pipe‑line system operated by another gas transporter—

(i)throughout Great Britain; or

(ii)within a specified area or areas.

Please specify which of (a) or (b) is, or both are, applicable, and, if (b) is applicable, which of (i) or (ii) is applicable, and in the case of (ii) provide a description specifying the area to which the application relates. The description should enable the areas concerned to be adequately and readily identified by map, or by other means. Also state whether the application relates to domestic premises. For applications within paragraph 1(b) above, also specify the description of the pipe-line system to which the application relates (stating, in particular, whether it relates only to any system which is designed to receive gas at an operating pressure not exceeding 7 bar gauge).

RESTRICTION OF A TRANSPORTER LICENCE

2.  If the application is for a restriction of a licence provide—

(a)an estimate of the total number of premises to which the applicant conveys gas at the time of the application and to which the applicant would cease to convey gas if the application were acceded to (“the relevant premises”);

(b)unless there are, at the date of the application, no relevant consumers (within the meaning set out in sub-paragraph (c) below) in relation to the applicant, a description of the applicant’s proposed arrangements to ensure compliance with section 10 of the Act (ensuring the connection of all such relevant consumers is maintained); and

(c)for the purposes of sub-paragraph (b), a person is a relevant consumer if—

(i)immediately before the restriction takes effect, he is connected to the pipe-line system of the holder of the licence; and

(ii)his premises are to be excluded from the licence by the restriction.

PART 4FURTHER INFORMATION AND DOCUMENTS TO ACCOMPANY AN APPLICATION IN RESPECT OF AN INTERCONNECTOR LICENCE

1.  An application in respect of an interconnector licence must specify the actual or proposed point of connection to a gas transportation or gas distribution network. Where the applicant is unable to specify a point of connection the applicant should provide Ordnance Survey Grid Reference co-ordinates for the proposed point of connection.

2.  In relation to an application for a licence in respect of an interconnector the construction of which was not completed by 3 August 2003, state whether the applicant seeks not to have applied to the licence any or all of the following standard licence conditions —

(a)conditions relating to the charging methodology to apply to third party access to the licensee’s interconnector;

(b)conditions relating to the requirement to offer terms to an applicant for access to the licensee’s interconnector.

3.  Where the applicant so seeks for any or all of the licence conditions relating to the matters referred to in paragraphs 2(a) and 2(b) above not to be in effect, the following additional information must be provided in respect of those licence conditions —

(a)the period of time for which the applicant seeks that the licence condition or conditions not be in effect;

(b)a statement setting out the evidence and reasoning as to why the applicant considers —

(i)the investment in the interconnector enhances competition in gas supply and enhances security of supply;

(ii)the level of risk attached to the investment to be made in relation to the interconnector is such that the investment would not be or would not have been made unless those licence conditions were not in effect;

(iii)that, should the licence conditions not be in effect for the period of time sought, this will not be detrimental to competition or the effective functioning of the internal gas market, or the efficient functioning of the regulated system to which the interconnector is connected; and

(c)a further statement that —

(i)the interconnector will be owned by a natural or legal person who is separate, at least in terms of its legal form, from the system operators in whose systems the interconnector to which this application relates will be built; and

(ii)charges will be levied on users of the interconnector.

Regulation 7

SCHEDULE 3APPLICATION FEES

Description of applicationFee payable £
Supplier
1.Application for licence including authorisation to supply gas to premises to which gas is, or is to be, conveyed by a gas transporter450
2. Application for licence including authorisation to supply gas to premises to which gas is, or is to be, conveyed otherwise than by a gas transporter350
3. Application for any extension or restriction450

Shipper

4. Any application350

Transporter

5. Application for a licence1050
6. Application for extension or restriction150

Interconnector

7. Application for a licence1050

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