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The Gas (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

SCHEDULES

Article 4(5).

SCHEDULE 1THE DIRECTOR GENERAL OF GAS FOR NORTHERN IRELAND

Remuneration, pensions, etc.

1.—(1) There shall be paid to the Director such remuneration, and such travelling and other allowances, as the Department may determine.

(2) In the case of any such holder of the office of the Director as may be determined by the Department, there shall be paid such pension, allowance or gratuity to or in respect of him, or such contributions or payments towards provision for such a pension, allowance or gratuity, as may be so determined.

(3) If, when any person ceases to hold office as the Director, the Department determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be determined by the Department.

(4) The approval of the Department of Finance and Personnel shall be required for the making of a determination under this paragraph.

Staff

2.  The Director may, with the approval of the Department of Finance and Personnel as to numbers, terms and conditions of service, remuneration, pensions and other allowances (if any), appoint such staff as he may determine.

Expenses of the Director and his staff

3.  There shall be paid out of money appropriated by Measure—

(a)the remuneration of, and any pension, gratuity, travelling or other allowances payable under this Order to or in respect of, the Director and any staff of the Director;

(b)any sums payable under this Order to or in respect of the Director; and

(c)any expenses duly incurred by the Director or by any of his staff in consequence of the provisions of this Order.

Official seal

4.  The Director shall have an official seal for the authentication of documents required for the purposes of his functions.

Performance of functions

5.  Anything authorised or required by or under this Order or any other statutory provision to be done by the Director, other than the making of a statutory instrument (within the meaning of section 1 of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954), may be done by any member of the staff of the Director who is authorised generally or specially in that behalf by the Director.

Rule-making authority

6.  In the [1979 NI 12.] Statutory Rules (Northern Ireland) Order 1979, in Schedule 1 (authorities who are rule-making authorities), in the Part headed “Other authorities” there shall be inserted (at the appropriate place) the following entry—

The Director General of Gas for Northern Ireland..

The Northern Ireland Parliamentary Commissioner

7.  In the [1969 c. 10 (N.I.).] Parliamentary Commissioner Act (Northern Ireland) 1969, in Schedule 1 (departments and authorities subject to investigation), at the end there shall be added the following entry—

Office of the Director General of Gas for Northern Ireland..

Assembly disqualification

8.  In the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices), there shall be inserted (at the appropriate place) the following entry—

Director General of Gas for Northern Ireland..

Article 13(1).

SCHEDULE 2COMPULSORY ACQUISITION OF LAND

PART ICOMPULSORY ACQUISITION OF LAND BY LICENCE HOLDERS

1.  –

(1) Where a licence holder proposes to acquire, otherwise than by agreement, any land required for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, he may apply to the Department for an order (“a vesting order”) vesting that land in him and the Department shall have power to make a vesting order.

(2) The power of acquiring land compulsorily under this paragraph includes power to acquire, by the creation of a new right, an easement or other right over land.

2.—(1) No application shall be made under paragraph 1 for a vesting order in respect of land belonging to another licence holder except with the consent of the Director.

(2) The Director shall not give his consent under this paragraph if—

(a)the land is being used by the licence holder to whom it belongs for the purposes of an installation necessary for the carrying on of the activities which he is authorised by his licence to carry on; or

(b)it appears to the Director that the land will be so used and that the use will commence, or any necessary planning permission under Part IV of the [1991 NI 11.] Planning (Northern Ireland) Order 1991 will be applied for, within the period of 5 years from the date of the application for his consent.

(3) The Department may, by order, provide that sub-paragraph (2) shall have effect as if for the period mentioned in head (b) there were substituted such other period as may be specified in the order.

(4) A consent under this paragraph which is not acted on within the period of 6 months from the day on which it is granted shall cease to have effect at the end of that period.

3.—(1) The power to make a vesting order under paragraph 1 in respect of land—

(a)which is the property of any public body which has power under any statutory provision to acquire land compulsorily; or

(b)which is declared by or under any statutory provision to be inalienable;

shall not, where representations objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal for making the order has been approved by a resolution of the Assembly.

(2) In this paragraph “public body” means a body established by or under any statutory provision.

4.—(1) Nothing in this Schedule shall authorise the acquisition, without the consent of the Department of the Environment, of any land on or in which there is, to the knowledge of the Department, any historic monument or archaeological object.

(2) In this paragraph “historic monument” and “archaeological object” have the same meanings as in the [1995 NI 9.] Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995.

5.—(1) Where a licence holder has acquired any land under paragraph 1, he shall not dispose of it except with the consent of the Director.

(2) A consent under this paragraph may be subject to such conditions as appear to the Director to be requisite or expedient.

6.  Schedule 6 to the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972 shall apply for the purposes of the acquisition of land by means of a vesting order made under paragraph 1 in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act subject to the following modifications—

(a)for any reference to the council there shall be substituted a reference to the licence holder;

(b)for any reference to the Department concerned there shall be substituted a reference to the Department;

(c)for any reference to that Act there shall be substituted a reference to this Order;

(d)in paragraph 6(2) for the words from “the fund” onwards there shall be substituted “funds of the licence holder (in this Schedule referred to as “the compensation fund”), and shall be discharged by payments made by the licence holder”; and

(e)in paragraph 12(2) for “the clerk of the council” there shall be substituted “such person as may be designated for the purposes of this Schedule by the licence holder”.

PART IILICENCE HOLDERS' LAND EXCLUDED FROM COMPULSORY ACQUISITION

7.  Where—

(a)an application for a vesting order is made by a person with power to acquire land otherwise than by agreement (other than a licence holder) in respect of land which includes land belonging to a licence holder and used for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on; and

(b)that licence holder has made a representation to the Department concerned before the expiration of one month from the date of the last publication of the notice mentioned in paragraph 2(a) of Schedule 6 to the Local Government Act (Northern Ireland) 1972,

the Department concerned shall not make the vesting order unless the Department has certified—

(i)that the land can be purchased and not replaced without serious detriment to the carrying on of those activities; or

(ii)that, if purchased, the land can be replaced by other land belonging to, or available for acquisition by, the licence holder without serious detriment to the carrying on of those activities.

Article 13(1).

SCHEDULE 3OTHER POWERS ETC., OF LICENCE HOLDERS

Interpretation

1.—(1) In this Schedule—

“controlled works” means any such works as are mentioned in paragraph 2(1) being works done under the right conferred by that paragraph;

“electrical plant” and “electric line” have the same meaning as in the [1992 NI 1.] Electricity (Northern Ireland) Order 1992;

“electricity licence holder” means the holder of a licence granted under Article 10 of the Electricity (Northern Ireland) Order 1992;

“emergency works” means—

(a)

in relation to a licence holder, work arising from faults in any gas apparatus;

(b)

in relation to an electricity licence holder for the purpose of paragraph 4, work arising from faults in any electric lines or electrical plant;

(c)

in relation to a government department for the purpose of paragraph 4, work requisite to put an end to, or prevent, the arising of circumstances which are likely to cause—

(i)

danger to persons or property, or

(ii)

interference with the exercise of any functions conferred on that department;

(d)

in relation to a public telecommunications operator for the purpose of paragraph 4, work requisite to put an end to, or prevent, the arising of circumstances which are likely to cause—

(i)

danger to persons or property, or

(ii)

the interruption of any service provided by the telecommunication system of the operator;

“gas apparatus” means—

(a)

pipes and other conduits for the conveyance of gas;

(b)

pressure governors, ventilators and other apparatus used for, or in connection with, the conveyance or supply of gas;

“in”, in a context referring to works or apparatus in a street or land, includes a reference to works or apparatus under, over, across, along or upon it;

“plan” includes section;

“planning permission” means planning permission under Part IV of the [1991 NI 11.] Planning (Northern Ireland) Order 1991;

“public telecommunications operator” has the same meaning as in the [1984 c. 12.] Telecommunications Act 1984;

“sewer” means a sewer as defined in the [1973 NI 2.] Water and Sewerage Services (Northern Ireland) Order 1973;

“street” has the same meaning as in the [1995 NI.] Street Works (Northern Ireland) Order 1995;

“telecommunication apparatus” and “telecommunication system” have the same meaning as in the Telecommunications Act 1984;

“telecommunications code” means the code contained in Schedule 2 to the Telecommunications Act 1984.

(2) In this Schedule, references to the alteration of any apparatus include references to the moving, removal or replacement of the apparatus.

(3) References in this Schedule to arbitration are to arbitration by an arbitrator appointed by agreement between the parties concerned or, in default of agreement, by the President of the Institution of Civil Engineers.

Works involving breaking up streets

2.—(1) Subject to the Street Works (Northern Ireland) Order 1995 and to the following provisions of this paragraph, for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, a licence holder may execute—

(a)the following kinds of works, that is to say, installing in any street and inspecting, maintaining, adjusting, repairing or altering—

(i)any gas apparatus; and

(ii)any structures for housing or covering any such apparatus; and

(b)any works requisite for or incidental to the purposes of any works falling within head (a), including for those purposes—

(i)opening or breaking up any street or any sewers, drains or tunnels in any street;

(ii)tunnelling or boring in any street; and

(iii)removing or using all earth and materials in any street.

(2) Nothing in this paragraph shall empower a licence holder to lay down or place any gas apparatus into, through or against any building, or in any land not dedicated to the public use, without the consent of the owners and occupiers thereof; but a licence holder may alter, repair or replace any existing apparatus in any land where the apparatus has been placed under this Order or any other statutory provision.

Alteration of apparatus, etc., under streets

3.—(1) Subject to sub-paragraph (2), a licence holder may, subject to and in accordance with the provisions of this paragraph unless otherwise agreed upon between the parties, alter the position of—

(a)any gas apparatus under the control of another licence holder;

(b)any electric line or electrical plant under the control of an electricity licence holder;

(c)any telecommunication apparatus used for the purposes of a telecommunication system which is operated by a person to whom the telecommunications code applies; or

(d)any other apparatus (except any pipe forming part of any sewer),

in any street which interferes with the exercise of his powers under this Schedule.

(2) In the case of an alteration under this paragraph of any telecommunication apparatus used for the purposes of a telecommunication system which is operated by a person to whom the telecommunications code applies, paragraph 23 of the telecommunications code shall apply instead of sub-paragraphs (3) to (13).

(3) One month before commencing the alterations, except where the alterations are emergency works, the licence holder shall—

(a)serve a notice on the person for the time being entitled to the gas apparatus, electric line, electrical plant, telecommunication apparatus or other apparatus (in this paragraph referred to as “the owners”) describing the proposed alterations; and

(b)give any further information required by the owners.

(4) The notice mentioned in sub-paragraph (3) shall contain a plan showing the manner in which it is intended that the alterations shall be made.

(5) Within 3 weeks from the service of the notice mentioned in sub-paragraph (3) upon any owners, the owners may require, by requisition served on the licence holder, that any question arising upon the notice as to the works, or to compensation in respect thereof, or any other question shall, in default of agreement, be determined by arbitration.

(6) Where—

(a)no requisition is served on the licence holder; or

(b)after any requisition has been served, any question required to be determined by arbitration has been so determined,

the licence holder may, upon paying or securing any compensation which he may be required to pay or secure, carry out the alterations specified in the notice, but subject in all respects to the provisions of this Schedule, and only in accordance with the notice served by him or such modifications thereof as may have been determined by arbitration, or as may be agreed upon between the parties.

(7) At any time before the licence holder is entitled to commence any such alterations, the owners may serve a notice on the licence holder, stating that they desire to execute the alterations, and where any such notice has been served on the licence holder, he shall not be entitled to execute the alterations, except—

(a)where the licence holder has required the owners to execute the alterations, and the owners have refused or neglected to comply; or

(b)where the alterations are emergency works.

(8) Where a notice such as is mentioned in sub-paragraph (7) has been served on the licence holder, he shall, not more than 48 hours and not less than 24 hours before the execution of the alterations is required to be commenced, serve on the owners a requisition stating the time when the alterations are required to be commenced, and the manner in which the alterations are required to be made.

(9) Upon receipt of any requisition, the owners may execute the alterations as required by the licence holder, subject to the restrictions and conditions, so far as they are applicable, to which the licence holder would be subject in executing the alterations.

(10) If the owners decline or, for 24 hours after the time when any such alterations are required to be commenced, neglect to comply with the requisition, the licence holder may execute the alterations in like manner as he might have done if notice had not been served on him under sub-paragraph (7) by the owners.

(11) Where any alterations are emergency works the licence holder may execute them without serving any requisition on the owners; but in that case the licence holder shall, within 24 hours after commencing to execute the alterations, give notice thereof to the owners.

(12) All expenses properly incurred by any owners in complying with any requisition of the licence holder under sub-paragraph (8) shall be a debt recoverable summarily by them from the licence holder.

(13) If the licence holder commences the execution of any work in contravention of sub-paragraph (3)(a), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Alteration of gas apparatus under streets

4.—(1) An electricity licence holder, government department, public telecommunications operator, or other person (not being another licence holder) authorised under any statutory provision to exercise functions in relation to a street may, subject to and in accordance with the provisions of this paragraph unless otherwise agreed upon between the parties, alter the position of any gas apparatus under the control of a licence holder under that street which interferes with the exercise of those functions.

(2) Sub-paragraphs (3) to (12) of paragraph 3 shall apply for the purposes of sub-paragraph (1) of this paragraph as if—

(a)any reference to the licence holder were a reference to the electricity licence holder, government department, public telecommunications operator or other person, as the case may require; and

(b)any reference to the owners were a reference to the licence holder.

(3) If the electricity licence holder, public telecommunications operator or, as the case may be, the other person commences the execution of any work in contravention of paragraph 3(3)(a) as applied by sub-paragraph (2) of this paragraph, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Controlled works in a street near to apparatus

5.—(1) The following provisions of this paragraph apply where a licence holder requires to carry out any controlled works in a street near to—

(a)any gas apparatus of any other licence holder;

(b)any electric lines or electrical plant of any electricity licence holder; or

(c)any telecommunication apparatus which is operated by a person to whom the telecommunications code applies; or

(d)any other apparatus belonging to or under the jurisdiction or control of a government department or other person (not being a licence holder).

(2) Where the licence holder finds it necessary to undermine but not alter the position of any gas apparatus, electric line, electrical plant, telecommunication apparatus or other apparatus he shall temporarily support it in position during the execution of the works, and before completion provide a suitable and proper foundation for it where so undermined.

(3) Any question arising under this paragraph shall, in default of agreement, be determined by arbitration.

Works in a street near to gas apparatus

6.—(1) The following provisions of this paragraph apply where an electricity licence holder, government department, public telecommunications operator or other person (not being a licence holder) requires to carry out any works in a street for laying down or constructing any electrical plant or electric lines or any telecommunications apparatus or other apparatus near to any gas apparatus of a licence holder.

(2) Where the electricity licence holder, government department, public telecommunications operator or other person finds it necessary to undermine but not alter the position of any gas apparatus he or it shall temporarily support the apparatus in position during the execution of the works, and before completion provide a suitable and proper foundation for it where so undermined.

(3) Where the electricity licence holder, government department, public telecommunications operator or other person lays any electric line crossing or liable to touch any gas apparatus belonging to the licence holder, the conducting portion of the electric line shall be effectively insulated in a manner approved by the Department, and the electricity licence holder, government department, public telecommunications operator or other person shall not, except with the consent of the licence holder and the Department—

(a)lay the electric lines so as to come into contact with the gas apparatus; or

(b)use the gas apparatus in connection with the supply of electricity.

(4) Any question arising under this paragraph shall, in default of agreement, be determined by arbitration.

Emergency works

7.—(1) Where any person would be required to serve any notice in respect of any works under paragraph 3 or 4 if the works were not emergency works, that person shall serve a notice in respect of the emergency works as soon as practicable after commencing the works.

(2) Failure to serve the notice required by sub-paragraph (1) shall be treated as a contravention of a requirement of the paragraph under which a notice would be required if the works were not emergency works.

Protection from interference

8.—(1) Subject to sub-paragraph (2), a licence holder who carries out any controlled works shall take all reasonable precautions for securing that those works do not interfere with the operation of any telecommunication apparatus which—

(a)is under the control of a person to whom the telecommunications code applies; and

(b)is not unusually sensitive to interference with its operation.

(2) In the case of any telecommunication apparatus which is subsequently installed or altered or whose mode of operation is subsequently changed, the duty imposed by sub-paragraph (1) shall not apply in relation to—

(a)any momentary interference with its operation; or

(b)where it is installed in unreasonably close proximity to the gas apparatus, any other interference with its operation.

(3) Subject to sub-paragraph (4), a person to whom the telecommunications code applies who installs or alters, or changes the mode of operation of, any telecommunications apparatus shall take all reasonable precautions for securing that the operation of that apparatus does not interfere with the operation of any gas apparatus which—

(a)is under the control of a licence holder; and

(b)is not unusually sensitive to interference with its operation.

(4) In the case of any gas apparatus which is subsequently installed or altered or whose mode of operation is subsequently changed, the duty imposed by sub-paragraph (3) shall not apply in relation to—

(a)any momentary interference with its operation; or

(b)where it is installed in unreasonably close proximity to the telecommunications apparatus, any other interference with its operation.

(5) Any difference arising under this paragraph between a licence holder and a person to whom the telecommunications code applies shall be determined by arbitration.

(6) In this paragraph “momentary interference” means any interference of momentary duration which is not a regular occurrence (whether caused by physical contact or otherwise).

Modification of paragraphs 2 to 8

9.  The provisions of paragraphs 2 to 8 may be modified by regulations.

Acquisition of wayleaves

10.—(1) This paragraph applies where—

(a)for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, it is necessary or expedient for a licence holder to install and keep installed any gas apparatus in any land; and

(b)the owner or occupier of the land, having been given a notice under sub-paragraph (3),—

(i)has failed to give-the necessary wayleave before the end of the period specified in that notice; or

(ii)has given the wayleave subject to terms and conditions to which the licence holder objects;

and in this paragraph as it so applies “the necessary wayleave” means consent for the licence holder to install and keep installed the gas apparatus in the land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing or altering the apparatus,

(2) This paragraph also applies where—

(a)for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, it is necessary or expedient for a licence holder to keep any gas apparatus installed in any land; and

(b)the owner or occupier of the land has given notice to the licence holder under paragraph 12(2) requiring him to remove the apparatus;

and in this paragraph as it so applies “the necessary wayleave” means consent for the licence holder to keep the gas apparatus installed in the land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing or altering the apparatus.

(3) The notice referred to in sub-paragraph (1)(b) shall—

(a)state the licence holder’s intention to install gas apparatus;

(b)give a description of the nature of the apparatus and of the position and manner in which it is intended to be installed; and

(c)require the owner or occupier of the land to give the necessary wayleave within a period (not being less than 21 days) specified in the notice.

(4) Subject to sub-paragraphs (5) to (7), the Department may, on the application of the licence holder, grant the necessary wayleave subject to such terms and conditions as the Department thinks fit; and a necessary wayleave so granted shall, unless previously terminated in accordance with a term contained in the wayleave, continue in force for such period as may be specified in the wayleave.

(5) The Department shall not grant a wayleave under sub-paragraph (4) in any case where the land in which the apparatus is to be installed is covered by a dwelling, or will be so covered on the assumption that any planning permission which is in force is acted on.

(6) Sub-paragraph (5) shall not apply to any land in respect of which a wayleave has been granted before the coming into operation of that sub-paragraph.

(7) Before granting a necessary wayleave, the Department shall afford—

(a)the occupier of the land; and

(b)where the occupier is not also the owner of the land, the owner,

an opportunity of being heard by a person appointed by the Department.

(8) A necessary wayleave granted under this paragraph shall bind any person who is at any time the owner or occupier of the land.

(9) Where in pursuance of a necessary wayleave granted under this paragraph a licence holder has erected on any land supports for any gas apparatus, he shall be deemed to have an estate in that land for the purposes of section 40 of the [1969 c. 35 (N.I.).] Mineral Development Act (Northern Ireland) 1969.

(10) In this paragraph “dwelling” means a building or part of a building occupied, or (if not occupied) last occupied or intended to be occupied, as a private dwelling and includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part.

Provisions supplementary to paragraph 10

11.—(1) Where a wayleave is granted to a licence holder under paragraph 10—

(a)the occupier of the land; and

(b)where the occupier is not also the owner of the land, the owner,

may recover from the licence holder compensation in respect of the grant.

(2) Where in the exercise of any right conferred by such a wayleave any damage is caused to property, the licence holder shall make good or pay compensation in respect of that damage; and where in consequence of the exercise of such a right a person is disturbed in his enjoyment of any property the licence holder shall pay compensation in respect of that disturbance.

(3) Compensation under this paragraph may be recovered as a lump sum or by periodical payments or partly in one way and partly in the other.

Temporary continuation of wayleaves

12.—(1) This paragraph applies where at any time such a wayleave as is mentioned in paragraph 10 (whether granted under that paragraph or by agreement between the parties or otherwise)—

(a)is determined by the expiration of a period specified in the wayleave;

(b)is terminated by the owner or occupier of the land in accordance with a term contained in the wayleave; or

(c)by reason of a change in the ownership or occupation of the land after the granting of the wayleave, ceases to be binding on the owner or occupier of the land.

(2) The owner or occupier of the land may—

(a)in a case falling within sub-paragraph (1)(a), at any time after or within 3 months before the end of the period specified in the wayleave;

(b)in a case falling within sub-paragraph (1)(b), at any time after the wayleave has been terminated by him; or

(c)in a case falling within sub-paragraph (1)(c), at any time after becoming the owner or occupier of the land by virtue of such a change in the ownership or occupation of the land as is mentioned in that sub-paragraph,

give to the licence holder a notice requiring him to remove the gas apparatus from the land; but the licence holder shall not be obliged to comply with such a notice except in the circumstances and to the extent provided by the following provisions of this paragraph.

(3) Where within the period of 3 months from the date of the notice under sub-paragraph (2) the licence holder makes neither—

(a)an application for the grant of the necessary wayleave under paragraph 10; nor

(b)an application for a vesting order under paragraph 1 of Schedule 2 in respect of the land,

the licence holder shall comply with the notice at the end of that period.

(4) Where—

(a)within the period mentioned in sub-paragraph (3) the licence holder makes an application for the grant of the necessary wayleave under paragraph 10; and

(b)that application is refused by the Department,

the licence holder shall comply with the notice under sub-paragraph (2) at the end of the period of one month from the date of the Department’s decision or such longer period as the Department may specify.

(5) Where—

(a)within the period mentioned in sub-paragraph (3) the licence holder makes an application for a vesting order under paragraph 1 of Schedule 2 in respect of the land; and

(b)that order is not made by the Department,

the licence holder shall comply with the notice under sub-paragraph (2) at the end of the period of one month from the date of the Department’s decision or such longer period as the Department may specify.

Felling and lopping of trees, etc.

13.—(1) This paragraph applies where any tree is or will be in such close proximity to gas apparatus which is kept installed or is being or is to be installed by a licence holder as—

(a)to obstruct or interfere with the installation, maintenance or working of the apparatus; or

(b)to constitute an unacceptable source of danger (whether to children or to other persons);

and in this paragraph “the land” means the land on which the tree is growing.

(2) The licence holder may give notice to the occupier of the land requiring him to fell or lop the tree or cut back its roots so as to prevent it from having the effect mentioned in sub-paragraph (1)(a) or (b), subject to the payment to him by the licence holder of the expenses reasonably incurred by him in complying with the notice.

(3) Where the occupier is not also the owner of the land, a copy of any notice under sub-paragraph (2) shall also be served on the owner.

(4) If within 21 days from the giving of a notice under sub-paragraph (2t

(a)the requirements of the notice are not complied with; and

(b)neither the owner nor occupier of the land gives a counter notice under sub-paragraph (5),

the licence holder may cause the tree to be felled or lopped or its roots to be cut back so as to prevent it from having the effect mentioned in sub-paragraph (1)(a) or (b).

(5) If, within 21 days from the giving of a notice under sub-paragraph (2), the owner or occupier of the land gives a counter notice to the licence holder objecting to the requirements of the notice, the matter shall, unless the counter notice is withdrawn, be referred to the Department.

(6) On a reference under sub-paragraph (5), the Department after giving the parties an opportunity of being heard by a person appointed by the Department, may make such order as the Department thinks just, and any such order—

(a)may empower the licence holder (after giving such notice to any person by whom a counter notice was given of the commencement of the work as the order may direct) to cause the tree to be felled or lopped or its roots to be cut back so as to prevent it from having the effect mentioned in sub-paragraph (1)(a) or (b); and

(b)may determine any question as to what expenses (if any) are to be paid.

(7) Where the licence holder exercises any powers conferred under sub-paragraph (4) or (6), he shall—

(a)cause trees to be felled or lopped or their roots to be cut back in accordance with good arboricultural practice and so as to do as little damage as possible to trees, fences, hedges and growing crops;

(b)cause felled trees, lopped boughs or root cuttings to be removed in accordance with the directions of the owner or occupier.

(8) In this paragraph “tree” includes any shrub and references to felling or lopping, felled trees or lopped boughs shall be construed accordingly.

Entry on land for purposes of exploration

14.—(1) Subject to the following provisions of this paragraph and without prejudice to any other right of entry, for the purpose of ascertaining whether the land would be suitable for use for any purpose connected with the carrying on of the activities which the licence holder is authorised by his licence to carry on, a person authorised in writing by a licence holder may, at any reasonable time, enter the land for the purpose of survey and valuation.

(2) A person authorised to enter upon any land under this paragraph shall not demand to do so as of right unless—

(a)14 days' notice of the intended entry has been given to the occupier; and

(b)if required to do so, he has produced evidence of his authority.

(3) The powers conferred by this paragraph shall not be exercisable in relation to—

(a)land which is covered by a dwelling or will be so covered on the assumption that any planning permission which is in force is acted on; or

(b)land which is covered by a building (other than a dwelling) or will be so covered on the assumption that any planning permission which is in force is acted on except—

(i)with consent given by or on behalf of the occupier of the land; or

(ii)where the occupier has refused his consent, with the consent of the Department.

(4) The power to survey land conferred by this paragraph includes power to search and both for the purpose of ascertaining the nature of the subsoil; but works may not be carried out on the land for this purpose unless—

(a)notice of the proposed works is included in the notice given under sub-paragraph (2); and

(b)where land is held by statutory undertakers who object to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, with the consent of the Department.

(5) Where it is proposed to search or bore in pursuance of this paragraph in a street within the meaning of the Street Works (Northern Ireland) Order 1995—

(a)Article 15 of that Order (notice of starting date of works), so far as it requires notice to be given to a person having apparatus in the street which is likely to be affected by the works,

(b)Article 29 of that Order (requirements to be complied with where works likely to affect another person’s apparatus in the street), and

(c)Article 42 of that Order (liability for damage or loss caused),

have effect in relation to the searching or boring as if they were street works within the meaning of that Order.

(6) In this paragraph—

  • “building”, except in the definition of “dwelling”, includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with a building;

  • “dwelling” means a building or part of a building occupied, or (if not occupied) last occupied or intended to be occupied, as a private dwelling;

  • “statutory undertakers” has the same meaning as in the [1991 NI 11.] Planning (Northern Ireland) Order 1991.

Provisions supplementary to paragraphs 13 and 14

15.—(1) Any person who intentionally obstructs a person acting in the exercise of any power conferred by or under paragraph 13 or 14 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Where in the exercise of any power conferred by or under paragraph 13 or 14 any damage is caused to property the licence holder shall make good or pay compensation in respect of that damage; and where in consequence of the exercise of such a power a person is disturbed in his enjoyment of any property the licence holder shall pay compensation in respect of that disturbance.

Article 56.

SCHEDULE 4ORDERS UNDER ARTICLE 56

Operation and effect of demolition orders

1.—(1) A demolition order made under Article 56(3) in respect of any building or structure shall become operative upon the service of a copy thereof on the owner of the building or structure.

(2) The owner of any building in respect of which a demolition order is made shall carry out the demolition provided for by the order—

(a)before the expiration of 6 weeks from the date on which the order becomes operative; or

(b)if the building, or such part of the building as is required to be vacated, is not vacated until after that date, before the expiration of 6 weeks from the date on which it is vacated,

or (in either case) before the expiration of such longer period as in the circumstances the Department deems reasonable.

(3) The owner of any structure in respect of which a demolition order is made shall carry out the demolition provided for by the order before the expiration of 6 weeks from the date on which the order becomes operative or before the expiration of such longer period as in the circumstances the Department deems reasonable.

(4) If the demolition is not carried out within the time allowed under sub-paragraph (2) or (3) the Department—

(a)may enter and carry out the demolition; and

(b)if it does so, shall sell the materials rendered available by the demolition.

(5) Any expenses incurred by the Department under sub-paragraph (4), after giving credit for any amount realised by the sale of materials, may be recovered by it from the owner of the building or structure, or if there is more than one owner, from the owners thereof in such shares as the court may determine to be just and equitable.

(6) An owner of a building or structure who pays to the Department the full amount of its claim may recover from any other owner of the building or structure such contribution, if any, as the court may determine to be just and equitable.

(7) Any surplus in the hands of the Department shall be paid by it to the owner of the building or structure or, if there is more than one owner, shall be paid as those owners may agree or may, in default of agreement, be paid into the county court and may be paid out to the owners by order of the court in such shares as the court may determine to be just and equitable.

Recovery of possession of buildings subject to demolition order

2.—(1) Where a demolition order becomes operative, the Department shall serve on the occupier of the building to which the order relates a notice—

(a)stating the effect of the order,

(b)specifying the date by which the building is to be vacated, and

(c)requiring him to quit the building before the said date or before the expiration of 28 days from the service of the notice, whichever may be the later.

(2) If, at any time after the date on which a notice under sub-paragraph (1) requires a building to be vacated, any person is in occupation of the building, the Department or any owner of the building may bring proceedings in the same manner as ejectment proceedings under Part VI of the Magistrates' Courts (Northern Ireland) Order 1981 and the court shall, on proof of the service of the notice and of such occupation, order vacant possession of the building to be given to the Department or owner, but, in doing so, shall stay the issue of the decree for possession for a period of not less than 2 weeks or more than 4 weeks from the date of the order.

(3) Any person who, knowing that a demolition order is in operation in relation to any building, enters into occupation of that building or of any part thereof after the date by which the order requires that building to be vacated or after the date on which the building is in fact vacated, whichever is the earlier, or permits any other person to enter into such occupation after that date, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £10 for every day or part of a day on which the occupation continues after conviction.

Execution of remedial works by Department in default of compliance with order under Article 56(4) or (5)

3.—(1) If a person on whom an order under Article 56(4) or (5) is served fails, before the expiration of 6 weeks from the date on which the order was served, or such longer period as the Department may on his application allow, to execute the works specified in the order, the Department may enter and execute the works.

(2) Where works for the safeguarding of a pipe-line are executed—

(a)in pursuance of sub-paragraph (1) in default of compliance with such an order as is therein mentioned, or

(b)in compliance with an order under Article 56(5),

the expenses reasonably incurred by the Department or owner of the pipe-line, as the case may be, in executing the works may be recovered from the owner of the building or structure the erection or construction of which was the cause of the making of the order or, if there is more than one owner, from the owners thereof in such shares as the court may determine to be just and equitable.

(3) An owner of a building or structure who pays to the Department or owner of a pipe-line the full amount of any claim may recover from any other owner of the building or structure such contribution, if any, as the court may determine to be just and equitable.

Jurisdiction of county court under this Schedule

4.—(1) The county court within whose jurisdiction the building or structure is situated shall have jurisdiction to hear and determine any proceedings under this Schedule.

(2) In determining for the purposes of this Schedule, the shares in which any expenses shall be paid or contributed by two or more owners of any building or structure, a county court shall have regard to their respective interests in the building or structure and all the other circumstances of the case.

Article 65.

SCHEDULE 5POWERS OF ENTRY, ETC.

Interpretation

1.  In this Schedule—

“gas fittings” means any fittings, apparatus and appliances designed for use by consumers of gas for heating, cooking, lighting, motive power and other purposes for which gas can be used;

“gas system”, in relation to any premises, means any service pipe or other apparatus (not being a gas fitting) which is on the premises and is used for the conveyance or supply of gas to the premises or is connected with a gas main;

“relevant authority”—

(a)

in relation to dangers arising from the conveyance of gas by a relevant licence holder, or from the use of gas conveyed by such a licence holder, means that licence holder or the Department; and

(b)

in relation to dangers arising from the conveyance of gas by a person other than a relevant licence holder, or from the use of gas conveyed by such a person, means that person or the Department;

“relevant licence holder” means the holder of a licence under Article 8(1)(a);

“service pipe” means a pipe which is connected with a gas main for the purpose of conveying gas from that main to any premises.

Powers of entry, etc.

2.—(1) The Department may by regulations make provision for empowering any person authorised by the relevant authority—

(a)to enter any premises in which there is a service pipe connected with a gas main for the purpose of inspecting any gas fitting on the premises, any flue or means of ventilation used in connection with any such gas fitting or any part of the gas system on the premises;

(b)where he so enters any such premises, to examine or apply any test to any such object as is mentioned in head (a) and (where the object is a gas fitting) to verify what supply of air is available for it; and

(c)where in his opinion it is necessary to do so for the purpose of averting danger to life or property, and notwithstanding any contract previously existing, to disconnect and seal off any gas fitting or any part of the gas system on the premises, or cut off the supply of gas to the premises.

(2) Regulations under this paragraph shall provide that the power of entry conferred by the regulations may only be exercised where the relevant authority has reasonable cause to suspect that there may be a danger to life or property in connection with the presence or use of gas on the premises in question.

(3) Where any regulations under this paragraph confer any power in accordance with sub-paragraph (1)(c), the regulations shall also include provision—

(a)for securing that, where any such power is exercised, the consumer will be notified as to the nature of the defect or other circumstances in consequence of which it has been exercised;

(b)for enabling any consumer so notified to appeal to the Department on the grounds that the defect or other circumstances in question did not constitute a danger such as to justify the action taken in the exercise of the power, or did not exist or have ceased to exist; and

(c)for enabling the Department to give such directions as may in accordance with the regulations be determined by it to be appropriate in consequence of any such appeal.

(4) Regulations made under this paragraph may make provision for prohibiting any persons, except with the consent of the relevant authority or in pursuance of any directions given by the Department as mentioned in sub-paragraph (3)(c) from—

(a)reconnecting any gas fitting or any part of any gas system which has been disconnected by or on behalf of the relevant authority in exercise of a power conferred by the regulations; or

(b)restoring the supply of gas to any premises where it has been cut off by or on behalf of the relevant authority in the exercise of any such power.

3.—(1) The Department may by regulations make provision—

(a)for empowering any person authorised by a relevant licence holder, where that licence holder has reasonable cause to suspect—

(i)that gas conveyed by him is escaping, or may escape, in any premises; or

(ii)that gas so conveyed which has escaped has entered, or may enter, any premises,

to enter the premises, to inspect the gas system and gas fittings, to carry out any work necessary to prevent the escape of gas and to take any other steps necessary to avert danger to life or property; and

(b)for empowering any person authorised by a relevant licence holder, where that licence holder has reasonable cause to suspect—

(i)that gas conveyed by some other person is escaping, or may escape, in any premises; or

(ii)that gas so conveyed which has escaped has entered, or may enter, any premises,

to enter the premises and to take any steps necessary to avert danger to life or property.

(2) As soon as reasonably practicable after any powers are exercised under sub-paragraph (b) of paragraph (1) by a person authorised by a relevant licence holder, that licence holder shall inform the other person referred to in head (i) of that sub-paragraph.

(3) The Department may by regulations make provision for empowering any person authorised by it, if it has reasonable cause to suspect—

(a)that gas conveyed by any person other than a relevant licence holder is escaping, or may escape, in any premises; or

(b)that gas so conveyed which has escaped has entered, or may enter, any premises,

to enter the premises, to inspect the gas system and gas fittings, to carry out any work necessary to prevent the escape of gas and to take any other steps necessary to avert danger to life or property.

4.—(1) Any person authorised by a relevant licence holder may at all reasonable times, on the production of some duly authenticated document showing his authority, enter any premises to which gas is conveyed by that licence holder for the purpose of—

(a)ensuring the safety of the gas system on those premises or of gas fittings; or

(b)carrying out any necessary works of maintenance, repair or renewal of any part of the gas system on those premises;

(c)in the case of premises where the relevant licence holder has reason to believe that a compressor or compressed air or extraneous gas is being used, inspecting the premises and ascertaining whether any safety requirements imposed by the relevant licence holder on the consumer are being complied with.

(2) In paragraph (1)—

“compressor” means an engine, gas compressor or other similar apparatus or any apparatus liable to produce in any main of the relevant licence holder a pressure less than atmospheric pressure;

“compressed air” means air at high pressure; and

“extraneous gas” means any gaseous substance not conveyed by the relevant licence holder.

(3) Any person authorised by a relevant licence holder, after 24 hours' notice to the owner of any unoccupied premises, may at all reasonable times, on production of some duly authenticated document showing his authority, enter those premises for the purpose of—

(a)disconnecting any gas fitting or any part of the gas system on the premises or cutting off the supply of gas to the premises; and

(b)removing any gas fitting or meter belonging to the licence holder.

(4) The notice required to be given by sub-paragraph (3) may, where the owner of the premises is unknown and cannot be ascertained after diligent inquiry, be given by affixing it upon a conspicuous part of the premises not less than 48 hours before the premises are entered.

(5) The powers conferred by this paragraph may only be exercised where the relevant licence holder has reasonable cause to suspect that there may be a danger to life or property in connection with the presence of gas on the premises in question.

Exercise of powers of entry

5.—(1) A power of entry conferred by or under this Schedule shall not be exercisable except—

(a)with consent given by or on behalf of the occupier of the premises; or

(b)under the authority of a warrant granted under paragraph 6;

so, however, that this sub-paragraph shall not apply where entry is sought in the case of emergency.

(2) Any person exercising powers of entry conferred by or under this Schedule may be accompanied by such other persons as may be necessary or expedient for the purpose for which the entry is made, or for the purposes of paragraph 7.

Warrant to authorise entry

6.—(1) Where a justice of the peace is satisfied by complaint on oath—

(a)that admission to premises is reasonably required for the purpose specified in the complaint; and

(b)that a duly authorised person would, apart from paragraph 5, be entitled for that purpose to exercise in respect of the premises a power of entry conferred by or under this Schedule; and

(c)that—

(i)the consent of the occupier has been refused or seeking that consent would defeat the object of the entry; or

(ii)the premises are unoccupied;

he may issue a warrant under his hand authorising that duly authorised person to enter the premises.

(2) A warrant granted under this paragraph shah continue in force until—

(a)the time when the purpose for which the entry is required is satisfied; or

(b)the end of the period of 28 days from the day on which the warrant is granted,

whichever is the earlier.

Premises to be left secure and damage to be made good

7.  Where, under any powers conferred by or under this Schedule, entry is made on any premises by a duly authorised person—

(a)he shall ensure that the premises are left no less secure by reason of the entry, and

(b)the relevant authority or the relevant licence holder (as the case may be) shall make good or pay compensation for any damage to property caused by that person, or by any person accompanying him in entering the premises, in taking any action in the premises authorised by or under this Schedule or in making the premises secure.

Penalty for obstruction

8.  If any person intentionally obstructs any person exercising powers of entry conferred by or under this Schedule, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Article 71(1).

SCHEDULE 6AMENDMENTS

The Post Office Act 1969 (c. 48)

In section 7(1A) after paragraph (cc) insert—

(cd)a person holding a licence under Article 8(1)(c) of the Gas (Northern Ireland) Order 1996;.

The Public Utilities (Emergency Powers) Act (Northern Ireland) 1972 (c. 2 (N.I.))

In section 1(2) for “undertakers as defined in Article 2(2) of the Gas (Northern Ireland) Order 1977” substitute “a licence holder within the meaning of Part II of the Gas (Northern Ireland) Order 1996”.

The Fair Trading Act 1973 (c. 41)

In section 16(1) after paragraph (c) add

or

(d)is carried on in connection only with the conveyance or supply of gas by a licence holder within the meaning of Part II of the Gas (Northern Ireland) Order 1996;.

In section 16(2B) after “1992” insert “or Part II of the Gas (Northern Ireland) Order 1996”.

In section 133(2)(a) after “the Director General of Electricity Supply for Northern Ireland” insert “or the Director General of Gas for Northern Ireland” and after “Electricity (Northern Ireland) Order 1992” insert “or the Gas (Northern Ireland) Order 1996”.

The Water and Sewerage Services (Northern Ireland) Order 1973 (NI 2)

In Article 57A(3) after sub-paragraph (bb) insert—

(bbb)any holder of a licence under Article 8(1) of the Gas (Northern Ireland) Order 1996..

The Consumer Credit Act 1974 (c. 39)

In section 174(3)(a) after “Electricity (Northern Ireland) Order 1992” insert “or the Gas (Northern Ireland) Order 1996” and after “Director General of Electricity Supply for Northern Ireland” insert “or the Director General of Gas for Northern Ireland”.

The Restrictive Trade Practices Act I976 (c. 34)

In section 41(1)(a) after “Director General of Electricity Supply for Northern Ireland” insert “or the Director General of Gas for Northern Ireland” and after “Electricity (Northern Ireland) Order 1992” insert “or the Gas (Northern Ireland) Order 1996”.

The Rates (Northern Ireland) Order 1977 (NI 28)

After Article 39C insert—

Rating of gas licence holders, etc.

39D.(1) The following powers are exercisable by the Department for the purposes of any valuation list in force on or after the coming into operation of Part II of the Gas (Northern Ireland) Order 1996.

(2) The Department may by order determine what property occupied by an authorised person is to be treated as a hereditament for the purposes of this Order, and an order under this paragraph may—

(a)determine that two or more separate properties occupied by an authorised person are to be treated for those purposes as a single hereditament; and

(b)make provision with respect to the apportionment of the amount of the net annual value of that single hereditament among the districts of district councils.

(3) The Department may by order determine the net annual value of the hereditaments occupied by an authorised person or make provision for the manner in which the net annual value of such hereditaments is to be, or may be, determined, and an order under this paragraph may—

(a)make provision with respect to the apportionment of the aggregate amount of the net annual value determined under the order among the districts of district councils;

(b)provide for determining the net annual value of any hereditament by the application of different methods of valuation to different parts of the hereditament.

(4) An order under paragraph (2) or (3)—

(a)may modify or repeal any provision of this Order;

(b)may contain such incidental, supplementary or consequential provisions as the Department considers necessary or expedient for the purposes of the order;

(c)shall be made only after consultation with such authorised persons, associations of district councils and district councils as the Department considers appropriate; and

(d)shall be subject to affirmative resolution.

(5) In this Article “authorised person” means the holder of a licence or an exemption under Part II of the Gas (Northern Ireland) Order 1996..

The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

In Article 24(1)—

(a)in sub-paragraph (a) for “or both” substitute “or gas”;

(b)in the words following sub-paragraph (c) for “or electricity” substitute “, electricity or gas”.

In Article 24(2) at the end add “or Part II of the Gas (Northern Ireland) Order 1996”.

The Estate Agents Act 1979 (c. 38)

In section 10(3)(a) after “Electricity (Northern Ireland) Order 1992” insert “or the Gas (Northern Ireland) Order 1996” and after “Director General of Electricity Supply for Northern Ireland” insert “or the Director General of Gas for Northern Ireland”.

The Competition Act 1980 (c. 21)

In section 19(2)(a) after “Director General of Electricity Supply for Northern Ireland” insert “or the Director General of Gas for Northern Ireland”.

In section 19(3) after paragraph (n) insert—

(nn)the Gas (Northern Ireland) Order 1996;.

The Telecommunications Act 1984 (c. 12)

In section 101(2)(b) after “Director General of Electricity Supply for Northern Ireland” insert “or the Director General of Gas for Northern Ireland”.

In section 101(3) after sub-paragraph (1) insert—

(11) The Gas (Northern Ireland) Order 1996;.

The Airports Act 1986 (c. 31)

In section 74(2)(a) after “Director General of Electricity Supply for Northern Ireland” insert “or the Director General of Gas for Northern Ireland”.

In section 74(3) after paragraph (m) insert—

(mm)the Gas (Northern Ireland) Order 1996;.

In section 62(2)(b) after “above” insert “or Article 8(1)(c) of the Gas (Northern Ireland) Order 1996”.

The Consumer Protection Act 1987 (c. 43)

In sections 10(7)(c) and 11(7)(c) at the end add “or under Article 8(1)(c) of the Gas (Northern Ireland) Order 1996”.

In section 38(3) after paragraph (n) insert—

(nn)the Gas (Northern Ireland) Order 1996;.

In section 38(6)(b) after “Director General of Electricity Supply for Northern Ireland” insert “or the Director General of Gas for Northern Ireland”.

The Consumer Protection (Northern Ireland) Order 1987 (NI 20)

In Article 29(3) after paragraph (m) insert—

(mm)the Gas (Northern Ireland) Order 1996;.

In Article 29(6)(b) after “Director General of Electricity Supply for Northern Ireland” insert “or the Director General of Gas for Northern Ireland”.

The Insolvency (Northern Ireland) Order 1989 (NI 19)

In Article 197(3) after sub-paragraph (a) insert—

(aa)a supply of gas by the holder of a licence under Article 8 of the Gas (Northern Ireland) Order 1996;.

In Article 343(4) after sub-paragraph (a) insert—

(aa)a supply of gas by a holder of a licence under Article 8 of the Gas (Northern Ireland) Order 1996;.

The Planning (Northern Ireland) Order 1991 (NI 11)

In Article 2(2) insert at the appropriate place in alphabetical order—

“gas undertaker” means a holder of a licence under Article 8 of the Gas (Northern Ireland) Order 1996;.

In Article 2(2) in the definition of “statutory undertaker” for “any undertaking for the supply of gas” substitute “a gas undertaker”.

In Article 22(2) after sub-paragraph (b) insert—

(c)by a gas undertaker to lay pipes for the conveyance or supply of gas;.

The Electricity (Northern Ireland) Order 1992 (NI 1)

In Article 61(2)(b) after head (xi) insert—

(xii)The Director General of Gas for Northern Ireland;.

In Article 61(3) at the end add—

(t)the Gas (Northern Ireland) Order 1996..

The Offshore, and Pipelines, Safety (Northern Ireland) Order 1992 (NI I7)

In Article 4(3) for sub-paragraph (a) substitute—

(a)in the Gas (Northern Ireland) Order 1996, Articles 50 to 54,56 to 58, 60.64 and 65, Part IV (so far as relating to any of those Articles) and Schedules 4 and 5;.

In Article 4(4) in the definition of “gas” for the words from “means” onwards substitute “has the same meaning as in Part III of the Gas (Northern Ireland) Order 1996”.

The Roads (Northern Ireland) Order 1993 (NI 15)

In Article 2(2) in the definition of “statutory undertaker” for paragraph (c) substitute—

(c)a holder of a licence under Article 8 of the Gas (Northern Ireland) Order 1996;.

The Airports (Northern Ireland) Order 1994 (NI 1)

In Article 49(2)(a) after “the Director General of Electricity Supply for Northern Ireland” insert “, the Director General of Gas for Northern Ireland”.

In Article 49(3) at the end add—

(q)the Gas (Northern Ireland) Order 1996..

Article 71(3).

SCHEDULE 7TRANSITIONAL AND SAVING PROVISIONS

Interpretation

1.—(1) In this Schedule—

  • “appointed day”, in any provision, means the day appointed under Article 1(2) for the coming into operation of that provision;

  • “the 1977 Order” means the Gas (Northern Ireland) Order 1977;

  • “gas undertaker” means an undertaker within the meaning of the 1977 Order and “gas undertaking” means the undertaking of such an undertaker.

(2) Expressions used in this Schedule which are used in Part II of this Order have the same meaning as in that Part.

Rundown and closure of former gas undertakers

2.  Except as provided by Articles 42 and 43, this Order does not affect the run-down and closure of any gas undertaking in accordance with an agreement entered into before the appointed day under Article 3 of the Gas (Northern Ireland) Order 1985; and the powers of the Department under Articles 5 and 6 of that Order shall continue to be exercisable in pursuance of such an agreement notwithstanding the repeal of the Order of 1985.

Transitional arrangements for former gas undertakers becoming licence holders under this Order

3.—(1) This paragraph applies to a person who—

(a)immediately before the appointed day is a gas undertaker; and

(b)before the end of the period of 3 months beginning with the appointed day, is granted a licence under Article 8.

(2) The 1977 Order shall, notwithstanding anything in this Order, continue to have effect in relation to a person to whom this paragraph applies until the day on which a licence is granted to him under Article 8.

(3) Where a person to whom this paragraph applies has, before the grant to him of a licence under Article 8, applied to the Department under Article 16 of the 1977 Order for an order vesting land in him, all proceedings under that Schedule in relation to that application may be continued and completed as if this Order had not been made.

(4) Any land compulsorily acquired by a person to whom this paragraph applies under Article 16 of the 1977 Order (whether by virtue of sub-paragraph (3) or otherwise) shall be treated for the purposes of this Order as compulsorily acquired under Part I of Schedule 2.

(5) Where, immediately before the grant to a person to whom this paragraph applies of a licence under Article 8, there is in force an agreement, deed, bond or other instrument which—

(a)confers or imposes on that person any rights or obligations; and

(b)refers (in whatever terms and whether expressly or by implication) to any provision of the 1977 Order, to that person’s status as a gas undertaker or to the statutory purposes of his undertaking,

the instrument shall have effect, in relation to anything falling to be done after the grant of that licence, as if that reference included or, as the case may require, were a reference to any corresponding provision of this Order, to his status as a licence holder or to purposes connected with the activities authorised by his licence.

(6) Anything which, immediately before the grant to a person to whom this paragraph applies of a licence under Article 8, is in course of being done—

(a)under the provisions relating to street works in Schedule 1 to the 1977 Order; or

(b)with a view to, or otherwise in connection with, the granting of a consent under Article 13 of the 1977 Order,

by, to or in relation to that person (including any legal proceedings to which that person is a party) may be continued and completed under the 1977 Order as if this Order had not been made.

(7) Any street works executed by a person to whom this paragraph applies under the 1977 Order (whether by virtue of sub-paragraph (6) or otherwise) shall be treated for the purposes of this Order as executed under Schedule 3 to this Order.

(8) Any consent granted to a person to whom this paragraph applies under Article 13 of the 1977 Order (whether by virtue of sub-paragraph (6) or otherwise) shall be treated for the purposes of this Order as granted under Schedule 3 to this Order.

Power to make further transitional provisions

4.  Without prejudice to Article 1(3), the Department may at any time by order make such further transitional provisions as seem to it to be necessary or expedient for the purposes of or in connection with the coming into operation (whether before or after the making of the order) of any provision of this Order.

Article 71(4).

SCHEDULE 8REPEALS

Chapter or NumberShort titleExtent of repeal
1847 c. 34.The Towns Improvement Clauses Act 1847.Sections 119 and 120.
1878 c. 52.The Public Health (Ireland) Act 1878.Sections 80 and 81.
1939 c. 15 (N.I.).The Civil Defence Act (Northern Ireland) 1939.In section 74(1) in the definition of “public utility undertakers” the words “gas” and “gas or”.
1970 c. 1.The Harbours Act (Northern Ireland) 1970.In section 26(5) in the definition of “public utility undertaking” the word “gas”.
1973 NI 2.The Water and Sewerage Services (Northern Ireland) Order 1973.In Article 57A(3)(a) the words “or any undertaking for the supply of gas”.
1977 NI 7.The Gas (Northern Ireland) Order 1977.The whole Order.
1977 NI 28.The Rates (Northern Ireland) Order 1977.In Article 2(2) the definition of “gas undertaking”.
Article 2(6) and (7).
In Schedule 11, entry 8.
In Part III of Schedule 12, in paragraph 3, in Class 5 the words “or a gas undertaking”.
Parts VII and VIII of Schedule 12.
1978 NI 19.The Pollution Control and Local Government (Northern Ireland) Order 1978.In Article 53(1) in the definition of “statutory undertakers” the words “or any undertaking for the supply of gas”.
1981 NI 6.The Judgments Enforcement (Northern Ireland) Order 1981.In Schedule 2, paragraph 24.
1981 NI 10.The Weights and Measures (Northern Ireland) Order 1981.Article 52.
1983 NI 18.The Access to the Countryside (Northern Ireland) Order 1983.In Article 2(2) in the definition of “statutory undertakers” the word “gas”.
1984 c. 12.The Telecommunications Act 1984.In Schedule 4, paragraph 68.
1984 NI 4.The Gas (Amendment) (Northern Ireland) Order 1984.The whole Order.
1985 NI 14.The Gas (Northern Ireland) Order 1985.The whole Order.
1986 NI 9.The Companies Consolidation (Consequential Provisions) (Northern Ireland) Order 1986.In Schedule 1, the entry relating to the Gas (Northern Ireland) Order 1977.
1990 NI 10.The Companies (No. 2) (Northern Ireland) Order 1990.In Schedule 3, paragraph 7.
1992 NI 17.The Offshore, and Pipelines, Safety (Northern Ireland) Order 1992.Article 5(3).
1995 NI 19.The Street Works (Northern Ireland) Order 1995.In Schedule 3, the amendments to the Gas (Northern Ireland) Order 1977.

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