Part I Gas Supply

F1Gas transmission and the operation of gas interconnectors: independence

8QInterpretation

(1)

In sections 8C to 8P and this section—

“control”, in relation to one person having control over another, has the meaning given by Article 2(36) of the Gas Directive (but in determining whether one person (“person A”) has control over another (“person B”) no account is to be taken of any unexercised contractual or other right which would, if exercised, give person A control over person B and which was conferred as a condition of the provision of either financial support or a guarantee (or both), by person A in relation to the business of person B); and references to one person controlling another are to be interpreted accordingly;

“certified” means F2certified by the Authority under section 8F; and “certify” and “certification” are to be interpreted accordingly;

“certification grounds” has the meaning given by section 8G(2);

“person from a F3country outside the United Kingdom” means a person the Authority thinks is from a F3country outside the United Kingdom;

“shareholder right” means a right, conferred by the holding of a share in the company’s share capital—

(a)

to vote at general meetings of the company; or

(b)

to appoint or remove a member of the company’s board of directors;

F4...

(2)

In this Part “gas undertaking” means a person who—

(a)

gets natural gas from its natural condition in strata otherwise than as an unintended consequence of the storage of gas, and requires a licence under section 3 of the Petroleum Act 1998 (licences to search and bore for and get petroleum) to do so or would require such a licence if getting the gas in Great Britain;

(b)

produces any other gas, including in particular biomethane, which is suitable for conveyance through pipes to premises in accordance with a licence under section 7;

(c)

supplies to any premises gas which has been conveyed to those premises through pipes;

(d)

arranges with a gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that transporter; or

(e)

otherwise sells gas.

(3)

In this Part “relevant producer or supplier”, in relation to an applicant for certification or a certified person, means a person who falls within each of subsections (4) and (5).

(4)

A person falls within this subsection if the person—

(a)

is a gas undertaking;

(b)

generates electricity for the purpose of giving a supply to any premises or enabling a supply to be so given;

(c)

supplies electricity to any premises; or

(d)

otherwise generates or sells electricity,

and terms used in paragraphs (b) and (c) of this subsection have the same meanings in those paragraphs as in Part 1 of the Electricity Act 1989.

F5(5)

A person falls within this subsection if—

(a)

the person requires a licence under section 7A of this Act or section 6 of the Electricity Act 1989 (licences authorising supply, etc) to carry out the activity by virtue of which the person falls within subsection (4);

(b)

where the person does not carry out the activity in Great Britain, the person would, in the Authority’s opinion, require such a licence if carrying out the activity in Great Britain; or

(c)

the person has a relationship with the applicant or certified person which the Authority thinks might lead the applicant or certified person to discriminate in favour of the person.