Gas Act 1995

Applications for authorisation under section 7 E+W+S

15 (1) This paragraph applies where— E+W+S

(a) an application has been made to the Secretary of State under section 7 of the 1986 Act (authorisation of public gas suppliers) by any person (“the applicant”); and

(b) the application is not determined before the appointed day.

(2) Subject to the following provisions of this paragraph, the application shall have effect on and after the appointed day as if it were an application to the Director (in such terms as may be specified by the applicant for the purposes of this sub-paragraph) for—

(a) a licence under section 7 of the 1986 Act (licensing of public gas transporters) to be granted to one of the persons mentioned in sub-paragraph (3) below;

(b) a licence under subsection (1) of section 7A of that Act (licensing of gas suppliers) to be granted to the other of those persons; and

(c) a licence under subsection (2) of that section (licensing of gas shippers) to be granted to the person mentioned in paragraph (b) above.

(3) The persons referred to in sub-paragraph (2) above are—

(a) the applicant; and

(b) such one of his associates as may be nominated by him for the purposes of this sub-paragraph.

(4) Sections 7, 7A and 7B of the 1986 Act shall apply in relation to the application, and any licence granted or proposed to be granted on the application, as if subsections (5) and (6) of section 7, and subsections (1) and (2) of section 7B, were omitted.

(5) No licence shall be granted on the application except with the consent of the Secretary of State; and before giving his consent the Secretary of State shall consult—

(a) the Health and Safety Executive; and

(b) any public gas transporter whose authorised area includes the whole or any part of the area to which the application relates.

(6) For the purposes of this paragraph a company is an associate of the applicant if—

(a) the company is registered under the M1 Companies Act 1985 and is limited by shares; and

(b) either the company is wholly owned by the applicant or the applicant is wholly owned by the company.

(7) Any reference in this paragraph to a licence of any description includes a reference to an extension of such a licence.

Annotations:

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Marginal Citations

M1 1985 c. 6.