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The Energy (Northern Ireland) Order 2003

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Investigations being carried out under the Gas OrderN.I.

6.—(1) This paragraph applies to any matter—N.I.

(a)being investigated by the Director General of Gas for Northern Ireland or the Council under Article 25 of the Gas Order (investigation of enforcement matters) immediately before the repeal by this Order of that Article,

(b)being investigated by the Council under Article 26 of that Order (investigation of certain other matters) immediately before the repeal by this Order of that Article.

(2) If the matter being investigated is a matter which appears to the Council to be a matter which is or amounts to a complaint to which Article 22 applies, the Council shall treat the matter as if it were a complaint referred to it under that Article.

(3) In any other case—

(a)if the matter was being investigated by the Council, the Council shall investigate the matter under Article 23;

(b)if the matter was being investigated by the Director General of Gas for Northern Ireland, the Authority shall either—

(i)agree with the Council that the Council is to investigate the matter under Article 23; or

(ii)make such further investigations of the matter, and take such action, as it considers appropriate.

(4) Where the Council or the Authority is required by virtue of sub-paragraph (2) or (3) to investigate a matter, it may treat anything done by the Director General of Gas for Northern Ireland in investigating that matter as if done for the purposes of its own investigation.

(5) The Director General of Gas for Northern Ireland shall give the Council such information or assistance as may be necessary to enable it to carry out its functions under this paragraph.

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