The Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2019

Interpretation

3.—(1) In these Regulations—

“the 2000 Act” means the Utilities Act 2000(1)

“the 2004 Act” means the Energy Act 2004(2);

“the Act” means the Gas Act 1986;

“application” means an application for a licence, an application for an extension of a licence or an application for a restriction of a licence under the Act and references to an application in respect of a licence shall be construed accordingly;

“the Authority” means the Gas and Electricity Markets Authority established by section 1 of the 2000 Act;

“domestic premises” means premises used wholly or mainly for domestic purposes;

“extension”, in relation to a transporter licence, means an extension of the licence under section 7(4) of the Act(3) and, in relation to a supplier licence or a shipper licence, means an extension of the licence under section 7A(4) of the Act(4);

“interconnector licence” means a licence granted or to be granted under section 7ZA(1) of the Act(5);

“principal undertaking” means an undertaking within the meaning of section 1161 of the Companies Act 2006(6);)

“related person” means

(a)

in relation to an applicant who is the principal undertaking, a parent or subsidiary undertaking of the principal undertaking or a subsidiary undertaking of the parent undertaking of the principal undertaking, in each case within the meaning of section 1162 and Schedule 7 of the Companies Act 2006; and

(b)

in relation to any applicant (including such an undertaking), a connected person of the applicant within the meaning of section 286 of the Taxation of Chargeable Gains Act 1992(7);

“restriction”, in relation to a transporter licence, means a restriction of the licence under section 7(4A) of the Act(8) and, in relation to a supplier licence or a shipper licence, means a restriction of the licence under section 7A(6) of the Act;

“shares”, in relation to an applicant with share capital, means allotted shares; in relation to an applicant with capital but no share capital, means rights to share in the capital of the applicant; and in relation to an applicant without share capital, means interests (i) conferring any right to share in the profits or liability to contribute to the losses of the applicant; and (ii) giving rise to an obligation to contribute to the debts or expenses of the applicant in the event of winding up;

“shipper licence” means a licence granted or to be granted under section 7A(2) of the Act;

“signed” includes signed in a manner which would for the purposes of section 7 of the Electronic Communications Act 2000(9) be an electronic signature;

“significant managerial responsibility or influence” means where a person plays a role in—

(a)

the making of decisions about how the whole or a substantial part of an undertaking’s activities are to be managed or organised, or

(b)

the actual managing or organising of the whole or a substantial part of those activities;

“supplier licence” means a licence granted or to be granted under section 7A(1) of the Act;

“Supplier of Last Resort event” means when a direction is issued by the Authority pursuant to standard condition 8 of either a gas supply licence granted under section 7A(1) of the Act or an electricity supply licence granted under section 6(1)(d) of the Electricity Act 1989(10);

“transporter licence” means a licence granted or to be granted under section 7 of the Act; and

“ultimate holding company” means a holding company (within the meaning of sections 1159 and 1160 of the Companies Act 2006(11)) of the applicant which is not itself a subsidiary of another company, which is in the position to control, or exercise significant influence over, a policy of the applicant by virtue of rights under contractual arrangements or rights of ownership which are held by the company or of which the company is a beneficiary.

(2) In these Regulations, unless the context otherwise requires, a reference to a standard condition is a reference, —

(a) in relation to a shipper licence, a supplier licence or a transporter licence, to a standard condition which is determined under section 81(2) of the 2000 Act(12); or

(b) in relation to an interconnector licence, to a standard condition which is determined under section 150(1) of the 2004 Act,

subject to any modifications of the standard conditions made under Part I of the Act, the 2000 Act, or the 2004 Act, after the determination under those sections.

(3) In these Regulations —

(a) any reference to the Schedule is a reference to the Schedule of these Regulations; and

(b) any reference to a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference occurs.

(4) These Regulations do not apply to applications in respect of a “smart meter communication licence” as defined by section 7AB(1) of the Act.

(1)

2000 c.27.

(2)

2004 c.20.

(3)

section 7 was substituted by section 5 of the Gas Act 1995 (c.45).

(4)

section 7A was inserted by section 6 of the Gas Act 1995.

(5)

section 7ZA was inserted by section 149 of the Energy Act 2004.

(6)

2006 c.46.

(7)

1992 c.12

(8)

section 7(4A) was inserted by section 76(4) of the Utilities Act 2000.

(9)

2000 c.7.

(10)

1989 c.29.

(11)

2006 c.46.

(12)

section 81(2) was amended by section 168(10) of the Energy Act 2004.