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.