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The Gas (Northern Ireland) Order 1996
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The Gas (Northern Ireland) Order 1996, Section 42 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 42:
- Instrument am. (pt.prosp.) by 1998 c. 41 s.66(5) Sch.10 Pt.III para.8
- Instrument amended by 1998 c. 41 s.66(5) Sch.10 Pt.V para.18
- Instrument rev. in pt. (prosp.) by 1998 c. 41 ss.66(5),74(3), Sch.10, Pt.V, para.18, Sch.14, Pt.II
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 18(1A)(aa) inserted by S.I. 2019/93, Sch. 1 para. 7(2)(b) (as substituted) by S.I. 2019/1245 reg. 24 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
Disposal of assets of former gas undertaker to require consent of DepartmentN.I.
42.—(1) A former gas undertaker shall not, after the coming into operation of this Article, dispose of any assets to which this paragraph applies without the consent of the Department; and any purported disposal by a former gas undertaker of any such assets after the coming into operation of this Article shall be void.
(2) Paragraph (1) applies to assets which—
(a)are vested in the former gas undertaker immediately before the coming into operation of this Article; and
(b)subsist, either wholly or mainly, for the purposes of, or in connection with, or are otherwise attributable to, the functions exercised by the former gas undertaker in its capacity as such.
(3) In this Article “former gas undertaker” means a gas undertaker which has entered into an agreement with the Department under Article 3 of the [1985 NI 14.] Gas (Northern Ireland) Order 1985 for the run-down and closure of its gas undertaking.
(4) For the purposes of paragraph (1) a person disposes of any asset if (whether for valuable consideration or not)—
(a)he transfers or assigns any interest in, or right in respect of, that asset to another person;
(b)he grants to any other person any right of possession, occupation or use of that asset;
(c)he mortgages or charges that asset or creates any other encumbrance in respect of it; or
(d)he deals in any other way with that asset so as to transfer or assign to, or create for the benefit of, any other person any interest in, or right in respect of, the asset.
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