The Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2001

Citation, commencement and transitional and saving provisions for applications lodged before 1st October 2001

1.—(1) These Regulations may be cited as the Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2001 and shall come into force on 1st October 2001.

(2) In relation to any application made before the date on which these Regulations come into force the Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 1996(1) shall continue to apply to the exclusion of these Regulations.

Revocation

2.  Subject to regulation 1, the Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 1996 are hereby revoked.

Interpretation

3.—(1) In these Regulations, unless the context otherwise requires—

“the 2000 Act” means the Utilities Act 2000;

“the Act” means the Gas Act 1986;

“application” means an application for a licence, an application for an extension of a licence or an application for a restriction of a licence under the Act; and references to an application in respect of a licence shall be construed accordingly;

“the Authority” means the Gas and Electricity Markets Authority established by section 1 of the 2000 Act;

“domestic premises” means premises used wholly or mainly for domestic purposes;

“extension”, in relation to a gas transporter licence, means an extension of the licence under section 7(4) of the Act and, in relation to a gas supplier licence or a gas shipper licence, means an extension of the licence under section 7A(4) of the Act;

“gas shipper licence” means a licence granted or to be granted under section 7A(2) of the Act;

“gas supplier licence” means a licence granted or to be granted under section 7A(1) of the Act;

“gas transporter licence” means a licence granted or to be granted under section 7 of the Act; and

“restriction”, in relation to a gas transporter licence, means a restriction of the licence under section 7(4A) of the Act and, in relation to a gas supplier licence or a gas shipper licence, means a restriction of the licence under section 7A(6) of the Act.

(2) In these Regulations, unless the context otherwise requires, a reference to a standard condition is a reference to a standard condition in relation to licences under section 7, 7A(1) or 7A(2) of the Act, as the case may be, which is determined under section 81(2) of the 2000 Act, subject to such modifications of the standard conditions made under Part I of the Act or the 2000 Act after the determination under that section.

(3) Unless the context otherwise requires, other expressions appearing in these Regulations shall have the same meaning, if any, as they have in Part I of the Act.

(4) In these Regulations, unless the context otherwise requires—

(a) any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations; and

(b) any reference to a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference occurs.

Manner of application

4.  An application shall be—

(a) made in writing, addressed to the Authority and delivered or sent by prepaid post to the Authority at its principal office; and

(b) signed and dated by or on behalf of the applicant, stating, where signed on behalf of the applicant, the capacity of the signatory.

Form of application

5.  An application shall be—

(a) in the form specified in Schedule 1 or a form to the like effect, and shall contain the information there specified; and

(b) accompanied by the information and documents specified in Schedule 2.

Additional information and documents to accompany application

6.—(1) Subject to paragraphs (2) and (3)—

(a) an application in respect of a gas supplier licence shall be accompanied by the information and documents specified in Part I of Schedule 3;

(b) an application in respect of a gas shipper licence shall be accompanied by the information and documents specified in Part II of Schedule 3; and

(c) an application in respect of a gas transporter licence shall be accompanied by the information and documents specified in Part III of Schedule 3.

(2) The obligation imposed by paragraph (1) shall, to the extent that information and documents are specified in Schedule 3 by reference to, or in relation to, a standard condition, apply—

(a) subject to paragraph (3), in the case of an application for a licence, other than for a gas supplier licence of the type described in section 8(2) of the Act, as if the standard condition in question were to be included and have effect in any licence granted as a result of the application;

(b) in the case of an application for an extension or restriction of a licence, in relation to such of the standard conditions in question as have been included and have effect in that licence.

(3) Where a modification to any standard condition is specified in accordance with paragraph 3(1) of Schedule 1, the obligation imposed by paragraph (2)(a) above shall be modified accordingly.

Application fees

7.—(1) Subject to paragraph (2), each application of the description specified in column 1 of Schedule 4 shall be accompanied by the corresponding fee specified in column 2 of that Schedule.

(2) Where more than one such fee would, apart from this paragraph, be payable in respect of a particular application, only the higher or highest such fee, as the case may be, shall be payable.

Notice of applications

8.—(1) The period prescribed for the purpose of section 7B(2) of the Act (notice of applications) is seven days.

(2) The notice of an application to be published within the prescribed period—

(a) in respect of an application for an extension of a gas transporter licence, shall be published—

(i) where the application relates solely to premises in any part of England and Wales, in the London Gazette; or

(ii) where the application relates solely to premises in any part of Scotland, in the Edinburgh Gazette; and

(b) in respect of any other notice of application, shall be published in the London and Edinburgh Gazettes.

(3) Notice of an application in respect of a gas supplier licence which would authorise, or authorises, the supply of gas to domestic premises to which gas is to be, or is, conveyed by a gas transporter shall also be published within the prescribed period—

(a) where the application relates to premises of a specified description and is not limited to premises situated in an area specified in the application, in such newspapers as are calculated to ensure that the notice is circulated throughout Great Britain;

(b) where the applications relates to premises situated in an area specified in the application, in such newspapers as are calculated to ensure that the notice is circulated throughout that area;

(c) where the application relates to particular premises, in such newspapers as are calculated to ensure that the notice is circulated throughout the area or areas in which those premises are situated.

(4) Notice of an application in respect of a gas transporter licence shall also be published within the prescribed period where the application relates to the conveyance of gas through pipes to premises in a specified area, in such newspapers as are calculated to ensure that the notice is circulated throughout that area.

(5) The applicant shall deliver, or send by prepaid post, a copy of the London and, if applicable, Edinburgh Gazettes and of each newspaper in which notice of the application is published in accordance with this regulation to the Authority at its principal office within seven days of their publication.

(6) In this regulation “the prescribed period” means the period referred to in paragraph (1).

The seal of the Gas and Electricity Markets Authority here affixed is authenticated by the signature of

L.S.

R. A. M. Ramsay,

A member of the Authority

28th September 2001