SCHEDULE 2AMENDMENTS TO GAS ACT 1986
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.