The Gas (Northern Ireland) Order 1996 No. 275 (NI. 2)

PART II N.I. GAS SUPPLY AND ASSOCIATED ACTIVITIES

Interpretation N.I.

Interpretation of Part II N.I.

3.—(1) In this Part—

• “the 1973 Act” means the [1973 c. 41.] Fair Trading Act 1973;

• “the 1980 Act” means the [1980 c. 21.] Competition Act 1980;

• [F1 “the 2011 Regulations” means The Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011;]

• [F2 “the Authority” means the Northern Ireland Authority for Utility Regulation;]

• [F3 “the Commission Decision” means Commission Decision PH (2005) 0791 granting a derogation from certain provisions of Directive 2003/55/EC of the European Parliament and of the Council in respect of Northern Ireland;]

• [F4 “the Directive” means European Parliament and Council Directive 2009/73/EC concerning common rules for the internal market in natural gas as amended by European Parliament and Council Directive 2019/692;]

• “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 F5 ... designed or adapted for the storage of gas in bulk (whether in a liquid state or not), [F6 but does not include—

  (a)

  a pipe or other conduit for the conveyance of gas; or

  (b)

  a facility that is an LNG facility;]

• “the General Consumer Council” means the General Consumer Council for Northern Ireland;

• “information” includes accounts, estimates and returns;

• [F7 “LNG” means liquid gas, and gas which has been, or is to be, treated in an LNG facility;

• “LNG facility” means a terminal which is used for the liquefication of natural gas or the importation, offloading and regasification of LNG, and includes ancillary services and temporary storage necessary for the regasification process and subsequent delivery to a gas transmission system, but does not include any part of an LNG terminal used for storage;]

• “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 [F8 ;]

• [F9 “operate” in relation to an LNG facility includes the carrying out of the functions of liquefication of natural gas or the importation, offloading and regasification of LNG;]

• [F10 “vertically integrated undertaking” has the meaning given in Article 2(20) of the Directive.]

(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) consists wholly or mainly of methane; or

(b) is specified in an order made by the Department; or

(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.

F1 Art. 3: definition of "the 2011 regulations" inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 85(c)

F2 Words in art. 3(1) inserted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 4(1)(a)

F3 Art. 3: definition of "the Commission Decision" substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 85(b)

F4 Words in art. 3(1) substituted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 4(1)(b)

F5 Words in art. 3(1) omitted (16.12.2020) by virtue of The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 4(1)(c)(i)

F6 Words in art. 3(1) substituted (16.12.2020) by The Gas (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/279), regs. 1, 4(1)(c)(ii)

F7 Art. 3(1): definitions of "LNG" and "LNG facility" inserted (12.4.2013) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013 (S.R. 2013/92), reg. 12(a)

F8 Art. 3(1): in the definition of "the Monopolies Commission" at the end "semicolon" substituted for "full stop"(12.4.2013) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013 (S.R. 2013/92), reg. 12(b)

F9 Art. 3(1): definition of "operate" inserted (12.4.2013) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013 (S.R. 2013/92), reg. 12(b)

F10 Art. 3: definition of "vertically integrated undertaking" inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 85(c)

Arts. 4‐5 rep. by 2003 NI 6