Gas (Northern Ireland) Order 1996
| Jurisdiction | UK Non-devolved |
1996 No. 275 (N.I. 2)
NORTHERN IRELAND
The Gas (Northern Ireland) Order 1996
Made 14th February 1996
Coming into operation on days to be appointed under Article 1(2)
At the Court at Buckingham Palace, the 14th day of February 1996
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the1Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I
INTRODUCTORY
Citation and commencement
1.—(1) This Order may be cited as the Gas (Northern Ireland) Order 1996.
(2) This Order shall come into operation on such day or days as the Head of the Department may by order appoint.
(3) An order under paragraph (2) may contain such transitional or saving provisions as appear to the Head of the Department to be necessary or expedient.
Interpretation – general
2.—(1) The 2Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“construction”, in relation to a pipe-line, includes placing;
“the Department” means the Department of Economic Development;
“the Director” means the Director General of Gas for Northern Ireland;
“government department” means a department of the Government of the United Kingdom or a Northern Ireland department;
“modifications” includes additions, omissions, amendments and substitutions;
“notice” means notice in writing;
“pipe-line” means a pipe (together with any apparatus and works associated therewith), or system of pipes (together with any apparatus and works associated therewith) for the conveyance of gas, not being—
(a) a pipe or system of pipes constituting or comprised in apparatus for heating or cooling or for domestic purposes; or
(b) a pipe or system of pipes wholly situated—
(i) within the site of any apparatus or works to which certain provisions of the3Factories Act (Northern Ireland) 1965 apply by virtue of section 125(1) of that Act (building operations and works of engineering construction);
(ii) within the boundaries of any land occupied as a unit for purposes of agriculture (within the meaning of the4Agriculture Act (Northern Ireland) 1949), where the pipe or system of pipes is designed for use for purposes of agriculture; or
(iii) in premises used for the purposes of education or research;
“premises” includes any land, building or structure;
“prescribed” means prescribed by regulations;
“regulations” (except in Articles 22, 35 and 37) means regulations made by the Department;
“statutory provision” has the meaning assigned to it by section 1(f) of the5Interpretation Act (Northern Ireland) 1954.
(3) For the purposes of this Order the following apparatus and works, and no other, shall be treated as being associated with a pipe, or system of pipes, namely,—
(a)
(a) apparatus for inducing or facilitating the flow of gas through, or through a part of, the pipe or system;
(b)
(b) valves, valve chambers, manholes, inspection pits and similar works, being works annexed to, or incorporated in the course of, the pipe or system;
(c)
(c) apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in sub-paragraph (a) or (b);
(d)
(d) apparatus for the transmission of information for the operation of the pipe or system;
(e)
(e) apparatus for affording cathodic protection to the pipe or system;
(f)
(f) a structure for the exclusive support of a part of the pipe or system.
(4) For the purposes of this Order the length of a pipe-line shall be taken to be the total length of pipe comprised in it; but where, in a system of pipes, a number of adjacent parallel lengths of pipe serve the same purpose as would be served by a single pipe of a diameter greater than that of any of those lengths, that number shall be taken to constitute a single pipe.
(5) For the purposes of this Order the execution of works in land for the purpose of determining whether or not it is suitable for the placing in it of a pipe-line and the carrying out of surveying operations for the purpose of settling the route of a proposed pipe-line shall be deemed not to constitute the execution of works for the construction of a pipe-line.
PART II
GAS SUPPLY AND ASSOCIATED ACTIVITIES
Interpretation
Interpretation of Part II
3.—(1) In this Part—
“the 1973 Act” means the6Fair Trading Act 1973;
“the 1980 Act” means the7Competition Act 1980;
“exemption” means an exemption under Article 7;
“gas plant” includes any plant, equipment, pipe-line or apparatus used for, or for purposes connected with, the conveyance, storage or supply of gas;
“gas storage facility” means any facility designed or adapted for the storage of gas in bulk (whether in a liquid state or not), not being a pipe or other conduit for the conveyance of gas;
“the General Consumer Council” means the General Consumer Council for Northern Ireland;
“information” includes accounts, estimates and returns;
“licence” means a licence granted under Article 8;
“licence holder” means the holder of a licence granted under Article 8;
“the Monopolies Commission” means the Monopolies and Mergers Commission.
(2) In this Part “gas” means any substance which is in a gaseous state at a temperature of 15°C and a pressure of 1013.25 millibars and—
(a)
(a) consists wholly or mainly of methane; or
(b)
(b) is specified in an order made by the Department; or
(c)
(c) consists wholly or mainly of—
(i) a mixture of two or more substances falling within sub-paragraph (a) or (b); or
(ii) a combustible mixture of one or more such substances and air.
(3) This Part applies only in relation to gas supplied, or intended to be supplied, through pipes; and references in this Part to gas shall be construed accordingly.
Introductory
The Director General of Gas for Northern Ireland
4.—(1) The Department shall appoint a person to be known as the Director General of Gas for Northern Ireland (“the Director”) for the purpose of carrying out the functions assigned to him by this Order.
(2) An appointment of a person to hold office as the Director shall be for a term not exceeding 5 years; but previous appointment to that office shall not affect eligibility for re-appointment.
(3) The Director may at any time resign his office as the Director by reasonable notice addressed to the Department; and the Department may remove any person from that office on the ground of incapacity or misbehaviour.
(4) Subject to paragraphs (2) and (3), the Director shall hold and vacate office as such in accordance with the terms of his appointment.
(5) The provisions of Schedule 1 shall have effect with respect to the Director.
General duties of the Department and Director
5.—(1) It shall be the duty of the Department and the Director to exercise their functions under this Part in accordance with the following provisions of this Article.
(2) It shall be the duty of the Department and the Director to exercise their functions under this Part in the manner which the Department or the Director considers is best calculated—
(a)
(a) to promote the development and maintenance of an efficient, economic and co-ordinated gas industry in Northern Ireland; and
(b)
(b) to secure that licence holders are able to finance the carrying on of the activities which they are authorised or required by their licences to carry on.
(3) Subject to paragraph (2), it shall be the duty of the Department and the Director to exercise their functions under this Part in the manner which the Department or the Director considers is best calculated—
(a)
(a) to protect the interests of consumers of gas supplied by persons authorised by licences to supply gas in respect of—
(i) the prices charged and the other terms of supply;
(ii) the continuity of supply; and
(iii) the quality of the gas supply services provided;
(b)
(b) to protect the interests of licence holders in respect of the prices at which, and the other terms on which, any services are provided by one licence holder to another;
(c)
(c) to promote the efficient use of gas supplied to consumers;
(d)
(d) to protect the public from dangers arising from the conveyance, storage, supply or use of gas; and
(e)
(e) to facilitate competition between persons whose activities consist of or include conveying, storing or supplying gas;
and to take into account, in exercising those functions, the effect on the environment (whether by way of pollution or otherwise) of activities connected with the conveyance, storage or supply of gas.
(4) In performing the duty under paragraph (3)(a)(iii), the Department or Director shall take into account, in particular, the interests of those who are chronically sick, disabled or of pensionable age.
(5) A person is of pensionable age for the purposes of paragraph (4) if—
(a)
(a) he has attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 2 to the8Pensions (Northern Ireland) Order 1995); or
(b)
(b) in the case of a man born before 6th April 1955, he is the same age as a woman who has attained pensionable age (within the meaning so given).
Licensing of supply of gas and associated activities
Prohibition on unlicensed supply of gas and associated activities
6.—(1) Subject to Article 7, a person who—
(a)
(a) conveys gas from one place to...
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