The Gas Act 1986 (Exemption from the Requirement for an Interconnector Licence) Order 2006

Statutory Instruments

2006 No. 2000

GAS

The Gas Act 1986 (Exemption from the Requirement for an Interconnector Licence) Order 2006

Made

21st July 2006

Laid before Parliament

24th July 2006

Coming into force

14th August 2006

The Secretary of State makes the following Order in exercise of the powers conferred by section 6A(1) of the Gas Act 1986(1).

In accordance with section 6A(1A) of that Act he has given notice of the proposal to make the Order. No representations were made in respect of that proposal.

Citation and commencement

1.—(1) This Order may be cited as the Gas Act 1986 (Exemption from the Requirement for an Interconnector Licence) Order 2006.

(2) This Order shall come into force on 14th August 2006.

Interpretation

2.  In this Order—

“exempt gas interconnector” means a gas interconnector(2) that does not subsist (whether in whole or in part) for the purpose of the conveyance of gas (whether in both directions or in only one) between a gas transportation system situated in Great Britain and a gas transportation system situated in another country or territory; and

“gas transportation system” means a pipe-line system (including any associated apparatus) which subsists wholly or primarily for the purpose of the conveyance of gas through pipes with a view to its supply to consumers situated within the same country or territory as that pipe-line system.

Exemption

3.  An exemption is hereby granted from section 5(1)(aa) of the Gas Act 1986 (which prohibits unlicensed participation in the operation of a gas interconnector)(3) to any person who participates in the operation of an exempt gas interconnector.

Jim Fitzpatrick

Parliamentary Under Secretary of State for Employment Relations and Postal Services

Department of Trade and Industry

21st July 2006

Explanatory Note

(This note is not part of the Order)

This Order grants exemption from section 5(1)(aa) of the Gas Act 1986 (which prohibits participation in the operation of a gas interconnector without a licence) to any person who participates in the operation of a gas interconnector that does not subsist wholly or partly to connect a gas transportation system in Great Britain to an equivalent system in another country or territory. This category is intended to cover gas interconnectors which transport gas from production facilities outside Great Britain to terminals and processing facilities in Great Britain.

No regulatory impact assessment has been prepared in respect of this Order as it does not have significant cost implications or impact on business.

(1)

1986 c. 44. Section 6A was inserted by section 4 of the Gas Act 1995 (c. 45) and amended by section 86 of the Utilities Act 2000 (c. 27). It is further amended by section 149(4) of the Energy Act 2004 (c. 20) from 14th August 2006: see the Energy Act 2004 (Commencement No. 7) Order 2006 (S.I. 2006/1964 (c.66)).

(2)

The definition of gas interconnector was inserted in section 5 of the Gas Act 1986 by section 149(3) of the Energy Act 2004 (c. 20). Section 149(3) was commenced on 1st December 2004 by S.I. 2004/2575.

(3)

1986 c. 44. Section 5(1)(aa) is inserted by section 149(2)(b) of the Energy Act 2004 (c. 20) from 14th August 2006: see the Energy Act 2004 (Commencement No. 7) Order 2006 (S.I. 2006/1964 (c.66)).