Search Legislation

The Gas (Third Party Access) Regulations 2004

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

This sectionnoteType=Explanatory Memorandum has no associated

4.  In section 19D (acquisition of rights to use LNG facilities)—

(a)in subsection (1) for “The owner of an LNG facility” substitute “Subject to subsection (2A), the owner of an LNG import facility”;

(b)in subsection (1)(a) for “at least once in every year” substitute “prior to their entry into force”, and for “LNG” substitute “liquid gas”;

(c)subsection (2) shall cease to have effect;

(d)after subsection (2) insert—

(2A) The cost or the method of determining the cost of acquiring the right to have liquid gas treated in a relevant facility and any changes thereto must be approved by the Authority prior to their publication; and such approval may be given on condition that certain modifications are made to the cost or methodology.

(2B) Before the owner of a relevant facility seeks approval under subsection (2A) he must carry out such consultation as the Authority may require.;

(e)in subsections (3) and (4) for “LNG” substitute “liquid gas”;

(f)in subsection (6) paragraph (a) shall cease to have effect;

(g)in subsection (6)(b) and (c) for “LNG” substitute “liquid gas”;

(h)for subsection (7) substitute—

(7) The owner shall notify the applicant of his decision giving reasons for any refusal.;

(i)in subsection (8) for the words “and the applicant do not reach any such agreement” substitute “refuses the application”;

(j)subsection (9) shall cease to have effect;

(k)in subsection (10) for the words from “Where” to “shall—” substitute “Where a person applies to the Authority under subsection (8), the Authority shall—”;

(l)for subsection (10)(a) substitute—

(a)decide whether to give directions under subsection (11), to consider the application further or to reject the application;

(m)for subsection (10)(c) substitute—

(c)in the case of a decision that the application is to be considered further—

(i)give to the owner of the facility, the Health and Safety Executive and any person who has a right to have liquid gas treated in the facility notice that the application is to be so considered and an opportunity of being heard about the matter; and

(ii)after so considering the matter, decide whether to give directions under subsection (11) or to reject the application and give notice of its decision to the applicant.

(n)in subsection (11) for “LNG”, in each place where it occurs, substitute “liquid gas”;

(o)in subsection (12)(a)(i)—

(i)omit the words “for the period specified in the directions”; and

(ii)for “LNG” substitute “liquid gas”;

(p)in subsection (12)(a)(iii) for “LNG” substitute “liquid gas”; and

(q)in subsection (12)(a)(iv) omit the words from “(which” to the end.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources