The Gas (Northern Ireland) Order 1996

General functions N.I.

27.—(1) It shall be the duty of the Director, so far as it appears to him practicable to do so—

(a) to keep under review the carrying on both in Northern Ireland and elsewhere of activities connected with the conveyance, storage and supply of gas; and

(b) to collect information with respect to those activities, and the persons by whom they are carried on, with a view to facilitating the exercise of his[F1 gas functions].

(2) The Department may [F2 issue guidance] indicating—

(a) considerations to which the Director should have particular regard in determining the order of priority in which matters are to be brought under review in performing his duty under paragraph (1)(a) or (b); and

(b) considerations to which, in cases where it appears to the Director that any of his[F1 gas functions] are exercisable, he should have particular regard in determining whether to exercise those functions.

(3) It shall be the duty of the Director, where either he considers it expedient or he is requested by the Department or[F3 the CMA] to do so, to give information, advice and assistance to the Department or[F3 the CMA] with respect to any matter in respect of which any[F1 of the gas functions of the Authority or the Department] is exercisable.

[F1 (3A) In this Article "gas functions" means—

(a) functions under this Part, and

(b) functions under the Energy (Northern Ireland) Order 2003 relating to gas.]

[F4 (3B) The activities to which paragraph (1) applies include, in particular, the matters specified in the following provisions of the Directive as matters to be monitored—

(a) Article 26(3);

(b) Article 41(1)(g) to (k), (m), (n) [F5 , (r) and] (t);

(c) where an independent system operator has been designated under Article 8H of this Order, Article 41(3)(a) and (b); and

F6 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Article 41(9).]

[F7 (3C) For the purposes of paragraph (3B)(c), the reference to Article 41(3)(a) is to be read as if the reference in that provision to Article 41 were a reference to Article 41 as implemented in Northern Ireland immediately before IP completion day.]

[F8 (3D) For the purposes of paragraph (3B)(e), the reference to Article 41(9) is to be read as if, in Article 41(9) of the Directive, the reference to interconnectors were a reference to any transmission line which crosses or spans the border—

(a) between Northern Ireland and Great Britain; or

(b) between Northern Ireland and a country or territory outside the United Kingdom.

(3E) In paragraph (3D) a “transmission line” means any pipe-line which is a high pressure pipe-line for the purposes of Article 36 (see Article 36(8)).]

Para. (4) rep. by 2003 NI 6

F1 2003 NI 6

F2 Words in art. 27(2) substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 67

F3 Words in art. 27(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 221(11) (with art. 3)

F4 Art. 27(3B) inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 69

F5 Words in art. 27(3B)(b) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 121(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 27(3B)(d) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 121(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 27(3C) added (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 121(3) (as amended by S.I. 2020/1016, regs. 1(2), 3(38)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 27(3D)(3E) inserted (31.12.2020) by The Gas (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/305), regs. 1(2), 4(2)