The Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 1996

Regulation 4

SCHEDULE 2 DOCUMENTS AND OTHER INFORMATION TO ACCOMPANY AN APPLI CATION(1)

Financial Information

1.  If the applicant is a company, where available, the documents specified in sub-paragraph (1) and, if the applicant is a subsidiary undertaking, also those specified in sub-paragraphs (2) and, if applicable, (3) below.

(1) Copies of—

(a) the most recent annual accounts of the applicant in respect of which an auditors' report has been prepared, together with that report;

(b) the annual accounts of the applicant for the two financial years preceding that to which the accounts referred to in sub-paragraph (a) above relate, together with the appropriate auditors' reports; and

(c) such interim accounts (whether audited or not) as may have been prepared in respect of a period more recent than that covered by any of the documents specified in sub-paragraphs (a) and (b) above.

(2) Copies of—

(a) the most recent group accounts in respect of the group of which the subsidiary undertaking forms part and in respect of which an auditors' report has been prepared, together with that report;

(b) the group accounts in respect of that group for the two financial years preceding that to which the accounts referred to in sub-paragraph (a) above relate, together with the appropriate auditors' reports; and

(c) such interim accounts for that group (whether audited or not) as may have been prepared in respect of a period more recent than that covered by any of the documents specified in sub-paragraphs (a) and (b) above.

(3) If the documents specified in sub-paragraph (2) above do not include the consolidated accounts for any parent undertaking of the applicant established outside Great Britain, copies of such accounts, together with any auditors' reports, as indicate the financial state of affairs of the group in question—

(a) at the time of the application; and

(b) at the end of each of the three financial years preceding that time.

2.  Where the applicant is not a company, such accounts and other information as indicate the financial state of affairs of the applicant, and of any person in whom effective control of the applicant resides—

(a) at the time of the application; and

(b) at the end of each of the three financial years preceding that time.

3.  Where any of the documents mentioned in paragraph 1 or, where applicable, paragraph 2 above is not supplied, an explanation of why it is not supplied together with such financial information to the like effect as can reasonably be supplied.

4.  A statement giving such further particulars (if any), whether by way of financial projections, sources of finance or otherwise, as will, in conjunction with such information and documents as is provided in accordance with paragraphs 1, 2, or 3 above, indicate whether the applicant would be likely to be able to finance the activities authorised by its licence if the application were granted.

Size of proposed business

5.  If the application is for a licence or an extension of a licence, an estimate, in respect of each of the three years (if the application is in respect of a gas supplier or shipper licence) or five years (if it is in respect of a public gas transporter licence) following the grant of the application, of—

(a) the amount of gas, in therms, expected to be supplied, shipped or conveyed (as the case may be) in pursuance of the licence or, as the case may be, the extension, separately identifying any amount to be supplied, shipped or conveyed to domestic premises; and

(b) the number of premises (if any) to which gas is expected to be supplied, shipped or conveyed (as the case may be) in pursuance of the licence or, as the case may be, the extension, separately giving the number of any such premises that are expected to be domestic premises.

Expertise of applicant

6.  A statement giving such particulars of the applicant, and of any sub-contractors or other persons on whose expertise the applicant proposes to rely, as may indicate whether the applicant has or will acquire the necessary skills to undertake the activities in respect of which the application is made.

Interpretation

7.  In this Schedule—

“the 1985 Act” means the Companies Act 1985(2);

“annual accounts” has the meaning given by section 262(1) of the 1985 Act and shall be confined in accordance with section 261(2) of that Act(3);

“auditors' report” means a report prepared under section 235(1) of the 1985 Act(4);

“company” means

(i)

a company within the meaning of section 735 of the 1985 Act; or

(ii)

a body corporate, incorporated in and having a principal place of business in Great Britain, other than a body corporate mentioned in section 718(2) of the 1985 Act;

“group” has the meaning given by section 262 of the 1985 Act(5);

“group accounts” means such accounts as are required to be prepared by section 227 of the 1985 Act, or, as the case may be, delivered under section 228(2)(e) of that Act, together with any accounts required to be delivered in accordance with section 243(2) of that Act(6);

“parent undertaking” and “subsidiary undertaking” have the meanings given by section 258 of the 1985 Act(7).

(1)

In paragraphs 1 to 4 and 6 below, if the application is for an extension or restriction of a licence, information and documents need only be given in so far as, in any material respect, they differ from or add to the most recent information or documents which were provided in relation to the same requirement—

(a)

with an application made by the applicant in accordance with these Regulations; or

(b)

subsequent to such an application in pursuance of a condition of the applicant’s licence.

(2)

1985 c. 6.

(3)

Sections 261 and 262 were inserted by section 22 of the Companies Act 1989 (c. 40).

(4)

Section 235 was inserted by section 9 of the Companies Act 1989.

(5)

Section 262 was inserted by section 22 of the Companies Act 1989.

(6)

Section 227, 228 and 243 were inserted by sections 5(1), 5(3) and 11 of the Companies Act 1989 respectively.

(7)

Section 258 was inserted by section 21(1) of the Companies Act 1989.