The Gas Act 1995 (Transitional Provisions and Savings) (No. 2) Order 1996

Acquisition of rights to use pipe-lines

4.—(1) Paragraph (2) below applies where before the appointed day a person has given notice to a public gas supplier in accordance with section 19(1) of the 1986 Act (acquisition of rights to use pipe-lines) but has not made an ensuing application.

(2) Where this paragraph applies, the new section 19 shall have effect on and after the appointed day as if the notice had been given in accordance with subsection (1) of that section to the public gas supplier’s transport successor on the day on which it was given to the public gas supplier.

(3) Paragraph (4) below applies where before the appointed day a person has made an application (an “outstanding application”) to the Director under section 19(1) of the 1986 Act but the Director has not informed that person whether he proposes to give directions under section 19 as a result of the application.

(4) Where this paragraph applies, then on and after the appointed day:—

(a) the new section 19 shall have effect as if the outstanding application had been made under subsection (1) of that section;

(b) any decision taken or notice given by the Director before the appointed day under section 19(2)(a) or (b) shall have effect as if taken or, as the case may be, given, in relation to the outstanding application under the new section 19(2)(a) or (b);

(c) any notice given by the Director before the appointed day under section 19(2)(c) to a public gas supplier shall have effect as if given under the new section 19(2)(c) to the public gas supplier’s transport successor; and

(d) any subsequent representations made to the Director before the appointed day by that supplier shall have effect as if made by that successor.

(5) The obligation mentioned in the new section 19(2)(c) to give notice that the application is being considered further, and an opportunity of being heard, to the Health and Safety Executive and to any person who has a right to have gas conveyed by the pipe-line system in question shall not apply where a notice has effect as mentioned in paragraph (4)(c) above.

(6) On and after the appointed day, a direction given, or having effect as if given, to a public gas supplier under section 19 in relation to the conveyance of gas by a pipe-line belonging to the supplier shall, except to the extent that it includes any terms for the purpose specified in section 19(4)(a)(iv) (terms of supply), have effect under the new section 19 as if it had been given to the public gas supplier’s transport successor in respect of the pipe-line system operated by the successor which consists of or includes the pipe-line to which the direction applies.

(7) In this article, references to the new section 19 are references to section 19 of the 1986 Act as substituted by paragraph 16 of Schedule 3 to the 1995 Act.