http://www.legislation.gov.uk/nisi/1996/275/contents

The Gas (Northern Ireland) Order 1996

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Statute Law Database

2024-01-16

Expert Participation

2024-01-01

The Gas (Northern Ireland) Order 1996

art. 18(1A)(a)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 24

reg. 1(1)

The Gas (Northern Ireland) Order 1996

art. 18(1A)(aa)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 24

reg. 1(1)

The Gas (Northern Ireland) Order 1996

art. 23(3)(a)

The Competition (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 7(2)

Sch. 4

para. 7

reg. 1(1)

The Gas (Northern Ireland) Order 1996

art. 23(3)(a)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 24

reg. 1(1)

The Gas (Northern Ireland) Order 1996

art. 23(3)(c)

(d)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 24

reg. 1(1)

The Gas (Northern Ireland) Order 1996

art. 23(3)(c)

The Competition (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 7(3)

Sch. 4

para. 7

reg. 1(1)

The Gas (Northern Ireland) Order 1996

art. 23(3)(d)

The Competition (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 7(3)

Sch. 4

para. 7

reg. 1(1)

The Gas (Northern Ireland) Order 1996

Sch. 6

Planning Act (Northern Ireland) 2011

Sch. 7

s. 211

s. 254(1)

(2)

art. 3

Sch. 1

Sch. 2

The Gas (Northern Ireland) Order 1996

Sch. 6

The Water and Sewerage Services (Northern Ireland) Order 2006

Sch. 13

art. 8(8)

121(3)

307

art. 1(2)

art. 2(2)

Sch.

Pt. 2

Sch. 2

The Gas (Northern Ireland) Order 1996

Instrument

Competition Act 1998

ss.66(5),74(3), Sch.10, Pt.V, para.18, Sch.14, Pt.II

The Gas (Northern Ireland) Order 1996

Instrument

Competition Act 1998

s.66(5)

Sch.10 Pt.III

para.8

The Gas (Northern Ireland) Order 1996

Instrument

Competition Act 1998

s.66(5)

Sch.10 Pt.V

para.18

The Gas (Northern Ireland) Order 1996

Sch. 6

Rates (Amendment) Act (Northern Ireland) 2009

Sch. 2

s. 19(1)

art. 2

Sch.

The Gas (Northern Ireland) Order 1996

Sch.6

Postal Services Act 2000

s.127(6)

Sch 9

The Gas (Northern Ireland) Order 1996

arts.15

The Competition Act 1998 (Competition Commission) Transitional, Consequential and Supplemental Provisions Order 1999

art.44

The Gas (Northern Ireland) Order 1996

PART IINTRODUCTORY

1Citation and commencement

2Interpretation ‐ general

PART IIGAS SUPPLY AND ASSOCIATED ACTIVITIES

Interpretation

3Interpretation of Part II

Arts. 4‐5 rep. by 2003 NI 6

Licensing of supply of gas and associated activities

6Prohibition on unlicensed supply of gas and associated activities

7Exemptions from Article 6

7AClosed distribution systems

7B(1) Any condition specified in an order under Article 7(1)(c)...

7C(1) If, after a system has been classified as a...

7D(1) In Article 7A to 7C— “ charging statement ”...

8Licences authorising supply, etc.

8ALicences under Article 8(1)(a)

8BThe conveyance of gas: requirement to be certified as independent

8CApplication for certification

8DReport where applicant connected with a country outside the United Kingdom

8ECertification

8FGrounds for certification

8GThe ownership unbundling requirement

8HDesignation for the purposes of the Gas Regulation

8IMonitoring and review of certification

8JReport as to any connection of a certified person with a country outside the United Kingdom

8KContinuation or withdrawal of certification

8LInterpretation

9Exclusive licences under Article 8(1)(a) or (c)

9AThe prohibition in Article 9(3) does not apply to the...

10Conditions of licences

10ALicences: further conditions

10AALicensing and energy efficiency

10BExemption from requirement for system access

11Standard conditions of licences

12Assignment of licences

13Powers of licence holders

Modification of licences

14Modification of conditions of licences

14AModification of conditions under Article 14: supplementary

15Modification references to Competition and Markets Authority

15AReferences under Article 15: time limits

15BReferences under Article 15: powers of investigation

16Reports on modification references

17Modification following report

17ACMA's power to veto modifications following report

18Modification by order under other statutory provisions

Art. 18A rep. by 2003 NI 6

Arts. 19‐21 rep. by 2003 NI 6

Appeal from decisions of the Authority

14BAppeal to the CMA

14CProcedure on appeal to CMA

14DDetermination by CMA of appeal

14ECMA's powers on allowing appeal

14FTime limits for CMA to determine an appeal

14GDetermination of appeal by CMA: supplementary

Meters

21AIndividual meters

22Meter testing and stamping

Consumer protection: miscellaneous

23Functions with respect to competition

24Fixing of maximum charges for reselling gas

24ASuppliers of Last Resort

24ABilling disputes: gas

24BBilling disputes

Arts. 25, 26 rep. by 2003 NI 6

Other functions of Director

27General functions

27ADispute resolution

Art. 28 rep. by 2003 NI 6

29Keeping of register

30Power to require information, etc.

Art. 31 rep. by 2003 NI 6

32Annual and other reports

Provisions with respect to the General Consumer Council

Art. 33 rep. by 2003 NI 6

34Reports of the General Consumer Council

Major pipe-lines, gas storage facilities and gas processing facilities

35Consent of Authority for construction of major pipe-line

36Increase of capacity, etc. of pipe-line

37Consent of Authority for construction of gas storage facility

37AConsent of Department for construction of LNG facility

38Increase of capacity of gas storage facility

38ARequirements for major pipe-lines etc

38BIncrease of capacity of LNG facility

39Acquisition of rights to use gas processing facilities

39A(1) A person who is or expects to be the...

39BIf the Authority gives, or refuses to give, an exemption...

Miscellaneous

40Directions for preserving security of gas supplies, etc.

41Exclusion of certain agreements from Restrictive Trade Practices Act 1976

42Disposal of assets of former gas undertaker to require consent of Department

43Transfer to licence holder of assets and liabilities of former gas undertaker

Art. 44 rep. by 2003 NI 6

45Directions restricting the use of certain information

46Making of false statements, etc.

Supplemental

47Concurrent proceedings

48Public inquiries

PART IIISAFETY

Interpretation

49Interpretation of Part III

Safety of pipe-lines

Arts. 50‐54 rep. by SR 1997/193

55Prohibition by Department of use or testing of pipe-line

Arts. 56‐58 rep. by SR 1997/193

Information, hearings and notices

59Notification of abandonment, cesser of use and beginning or resumption of use of pipe-lines or lengths thereof

60Fire authority, police, etc., to he notified of certain pipe-line accidents and to he furnished with information

61Notification of change of ownership of pipe-line

62Regulations as to hearings under this Part

63Provisions as to requirements and prohibitions imposed under this Part

Miscellaneous

Art. 64 rep. by SR 1997/195

68Application to Crown land

69Regulations and orders

70Directions

71Amendments, transitional provisions, savings and repeals

SCHEDULES

SCHEDULE 2COMPULSORY ACQUISITION OF LAND

PART ICOMPULSORY ACQUISITION OF LAND BY LICENCE HOLDERS

1(1) Where a licence holder proposes to acquire, otherwise than...

2(1) No application shall be made under paragraph 1 for...

3(1) The power to make a vesting order under paragraph...

4(1) Nothing in this Schedule shall authorise the acquisition, without...

5(1) Where a licence holder has acquired any land under...

6Schedule 6 to the Local Government Act (Northern Ireland) 1972...

PART IILICENCE HOLDERS' LAND EXCLUDED FROM COMPULSORY ACQUISITION

7Where— (a) an application for a vesting order is made...

SCHEDULE 3OTHER POWERS ETC., OF LICENCE HOLDERS

Interpretation (1) In this Schedule— “controlled works” means any such works...

Interpretation

1(1) In this Schedule— “controlled works” means any such works...

Works involving breaking up streets

2(1) Subject to the Street Works (Northern Ireland) Order 1995...

Alteration of apparatus, etc., under streets

3(1) Subject to sub-paragraph (2), a licence holder may, subject...

Alteration of gas apparatus under streets

4(1) An electricity licence holder, government department, electronic communications code...

Controlled works in a street near to apparatus

5(1) The following provisions of this paragraph apply where a...

Works in a street near to gas apparatus

6(1) The following provisions of this paragraph apply where an...

Emergency works

7(1) Where any person would be required to serve any...

Protection from interference

8(1) Subject to sub-paragraph (2), a licence holder who carries...

Modification of paragraphs 2 to 8

9The provisions of paragraphs 2 to 8 may be modified...

Acquisition of wayleaves

10(1) This paragraph applies where— (a) for any purpose connected...

Assignment of necessary wayleave

10A(1) Subject to the following provisions of this paragraph, a...

Provisions supplementary to paragraph 10

11(1) Where a wayleave is granted to a licence holder...

Temporary continuation of wayleaves

12(1) This paragraph applies where at any time such a...

Felling and lopping of trees, etc.

13(1) This paragraph applies where any tree is or will...

Entry on land for purposes of exploration

14(1) Subject to the following provisions of this paragraph and...

Provisions supplementary to paragraphs 13 and 14

15(1) Any person who intentionally obstructs a person acting in...

SCHEDULE 3AProcedure for appeals under Article 14B

Application for permission to bring appeal

1(1) An application for permission to bring an appeal may...

Suspension of decision

2(1) The CMA may direct that, pending the determination of...

Time limit for representations and observations by the Authority

3(1) Sub-paragraph (2) applies where the Authority wishes to make...

Consideration and determination of appeal by group

4(1) A group constituted by the chair of the CMA...

Matters to be considered on appeal

5(1) The CMA, if it thinks it necessary to do...

Production of documents etc.

6(1) For the purposes of this Schedule, the CMA may,...

Oral hearings

7(1) For the purposes of this Schedule an oral hearing...

Written statements

8(1) The CMA may, by notice, require a person to...

Expert advice

9Where permission to bring an appeal is granted under paragraph...

Defaults in relation to evidence

10(1) If a person (“ the defaulter ”)—

Appeal rules

11(1) The CMA Board may make rules of procedure regulating...

Costs

12(1) A group that determines an appeal must make an...

Interpretation of Schedule

13(1) In this Schedule— “ appeal ” means an appeal...

SCHEDULE 5POWERS OF ENTRY, ETC.

Interpretation In this Schedule— “gas fittings” means any fittings, apparatus and...

Interpretation

1In this Schedule— “gas fittings” means any fittings, apparatus and...

Powers of entry, etc.

2(1) The Department may by regulations make provision for empowering...

3(1) The Department may by regulations make provision—

4(1) Any person authorised by a relevant licence holder may...

Exercise of powers of entry

5(1) A power of entry conferred by or under this...

Warrant to authorise entry

6(1) Where a justice of the peace is satisfied by...

Premises to be left secure and damage to be made good

7Where, under any powers conferred by or under this Schedule,...

Penalty for obstruction

8If any person intentionally obstructs any person exercising powers of...

SCHEDULE 7TRANSITIONAL AND SAVING PROVISIONS

Interpretation (1) In this Schedule— “appointed day”, in any provision, means...

Interpretation

1(1) In this Schedule— “appointed day”, in any provision, means...

Rundown and closure of former gas undertakers

2Except as provided by Articles 42 and 43, this Order...

Transitional arrangements for former gas undertakers becoming licence holders under this Order

3(1) This paragraph applies to a person who—

Power to make further transitional provisions

4Without prejudice to Article 1(3), the Department may at any...

1996 No. 275 (N.I. 2)

The Gas (Northern Ireland) Order 1996

14th February 1996