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terim) (Regulation) Act, 2002 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory

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terim) (Regulation) Act, 2002 Gas (

terim) (Regulation) Act, 2002 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 10 of 2002 GAS (

TERIM) (REGULATION) ACT, 2002 ARRANGEMENT OF SECTIONS Section 1. Short title, collective citation and construction. 2.

terpretation.

1. Appointed day.
2. Laying of regulations and orders.
3. Commission for Energy Regulation.
4. Functions of Commission.
5. Transfer of functions from Minister to Commission.
6. Code of conduct.
7. Declaration of

terests. 10. Disclosure of

terests.

1. Functions of Board Gáis Éireann.
2. Construction of pipelines.
3. Code of operations.
4. Transmission of natural gas by pipeline operators on behalf of other persons.
5. Directives as to profits and financial objectives of Board Gáis Éireann.
6. Natural gas licences.
7. Unbundling of accounts of natural gas undertakings.
8. Authorised officers.
9. Gas capacity statement.
10. Provision of

formation.

1. Public service obligations.
2. Funding of Commission.
3. Miscellaneous amendments.
4. Revocation. SCHEDULE Functions under Acts transferred from Minister to Commission Acts Referred to Companies Acts, 1963 to 2001 Continental Shelf Act, 1968 1968, No. 14 Electricity Regulation Act, 1999 1999, No. 23 Electricity Regulation Acts, 1999 and 2000 Energy (Miscellaneous Provisions) Act, 1995 1995, No. 35 Freedom of

formation Act, 1997 1997, No. 13 Gas Act, 1976 1976, No. 30 Gas Acts, 1976 to 2000 Gas (Amendment) Acts, 1987 1987, No. 9 Gas (Amendment) Act, 1993 1993, No. 7 Gas (Amendment) Acts, 2000 2000, No. 26 Harbours Act, 1946 1946, No. 9 Harbours Act, 1996 1996, No. 11 Petroleum and Other Minerals Development Act, 1960 1960, No. 7 Number 10 of 2002 GAS (

TERIM) (REGULATION) ACT, 2002 AN ACT TO PROVIDE FOR THE REGULATION OF THE GAS SECTOR

THE STATE BY THE COMMISSION FOR ENERGY REGULATION AND FOR THAT PURPOSE TO TRANSFER TO IT CERTAIN FUNCTIONS OF THE MINISTER FOR PUBLIC ENTERPRISE, TO PROVIDE FOR THE CHANGE OF NAME OF THE COMMISSION FOR ELECTRICITY REGULATION, TO AMEND AND EXTEND THE GAS ACTS, 1976 TO 2000, THE ELECTRICITY REGULATION ACTS, 1999 AND 2000, AND TO GIVE EFFECT TO DIRECTIVE 98/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 22 JUNE 1998 AND TO PROVIDE FOR RELATED MATTERS. [10th April, 2002] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Short title, collective citation and construction. 1.—

terim) (Regulation) Act, 2002.

terpretation. 2.—

this Act— “Act of 1993” means Gas (Amendment) Act, 1993 ; “Act of 1995” means Energy (Miscellaneous Provisions) Act, 1995 ; “Act of 1999” means Electricity Regulation Act, 1999 : “Act of 2000” means Gas (Amendment) Act, 2000 ; “appointed day” means the day appointed by the Minister for the purposes of this Act; “Board” means Board Gáis Éireann; “Commission” means Commission for Energy Regulation; “customer”

relation to natural gas, means wholesale or final customers of natural gas and natural gas undertakings which purchase natural gas; “Directive” means Directive 98/30/EC of the European Parliament and of the Council of 22 June 19981 concerning the

ternal market

natural gas; “distribution”

relation to natural gas, means the transport of natural gas through local or regional pipelines with a view to its delivery to customers; “distribution pipeline” means a pipeline used or

tended to be used for the distribution of natural gas

accordance with such criteria as may be specified by the Commission, from time to time, and

cludes part of such a pipeline, and

cludes any apparatus, equipment or other thing which is ancillary to such a pipeline; “final customer”

relation to natural gas, means a consumer purchasing natural gas for his or her own use; “functions”

cludes powers and duties; “Minister” means Minister for Public Enterprise; “natural gas licence” means a licence granted under section 16 ; “natural gas system” means the system of pipelines and liquefied natural gas and storage facilities, excluding upstream pipelines, used for the transmission, distribution, storage and supply of natural gas to, from or within the State; “natural gas undertaking” has the same meaning as

section 2

section 2 (as amended by section 23 ) of the Gas Act, 1976 ; “shipping”

relation to natural gas, means the

troduction

to, the conveyance by means of, or take off from the natural gas system of natural gas by persons other than the operator of the relevant pipeline or facility being used for the purpose of

troducing, conveying or taking off the natural gas; “storage”

relation to natural gas, means the stocking of natural gas by a natural gas undertaking but does not

clude any natural gas

a pipeline under the control of that undertaking; “supply”

relation to natural gas, means the delivery or sale of natural gas,

cluding liquefied natural gas, to customers and

cludes shipping; “transmission”

relation to natural gas, means the transport of natural gas through a high pressure pipeline, other than an upstream pipeline, with a view to its delivery to customers; “transmission pipeline” means a pipeline used or

tended to be used for the transmission of natural gas

accordance with such criteria as may be specified by the Commission, from time to time, and

cludes part of such a pipeline, and

cludes any apparatus, equipment or other thing which is ancillary to such a pipeline; “upstream pipeline” means any pipeline operated or constructed as part of a gas production project, or used to convey natural gas from one or more such projects to a processing plant or terminal or final coastal landing terminal.

this Act— (a) a reference to a section is a reference to a section of this Act, unless it is

dicated that reference to some other enactment is

tended, (b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision

which the reference occurs, unless it is

dicated that reference to some other provision is

tended, and (c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment,

cluding this Act. Appointed day. 3.—The Minister shall by order appoint a day to be the appointed day for the purposes of this Act. Laying of regulations and orders. 4.—Every order (other than an order made under section 3 ) or regulation made under this Act shall be laid by the Minister,

the case of orders or regulations made by the Minister, or by the Commission,

the case of orders or regulations made by the Commission, before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Commission for Energy Regulation. 5.—The Commission for Electricity Regulation (established by section 8 of the Act of 1999) shall, on the appointed day, be known as the Commission for Energy Regulation or

the Irish language as An Coimisiún um Rialáil Fuinnimh and references

that Act, any other Act of the Oireachtas, any

strument made under any Act of the Oireachtas, any legal proceedings and any document to the Commission for Electricity Regulation shall from that day be construed as references to the Commission for Energy Regulation. Functions of Commission. 6.—Section 9 of the Act of 1999 is amended on the appointed day— (a)

subsection

dustries, as appropriate, and on the exercise of the functions of the Minister under this Act.”, (b) by the substitution for subsection

a manner which— (a)

relation to electricity, does not discriminate unfairly between holders of licences, authorisations and the Board or between applicants for authorisations or licences, (b)

relation to gas, does not discriminate unfairly between holders of licences, consents and Bord Gáis Éireann or between applicants for consents or licences, and (c) the Minister or the Commission, as the case may be, considers protects the

terests of final customers of electricity or gas or both, as the case may be.”, and (c)

subsection

the generation and supply of electricity and

the supply of natural gas

accordance with this Act;”, and (

1. ii)by the substitution for paragraphs (
2. d)to (
3. f)of the following paragraphs: “(
4. d)to promote safety and efficiency on the part of electricity and natural gas undertakings; (
5. e)to promote the continuity, security and quality of supplies of electricity; (
6. f)to promote the use of renewable, sustainable or alternative forms of energy; (
7. g)to secure that there is sufficient capacity

the natural gas system to enable reasonable expectations of demand to be met; and (h) to secure the continuity, security and quality of supplies of natural gas.”. Transfer of functions from Minister to Commission. 7.—

connection with the exercise, performance or execution of any of the functions transferred by subsection

the Minister by or under each of the provisions mentioned

column

column

so far as it relates to functions transferred by this Act, be carried on or completed on or after that day by or under the authority of the Commission.

so far as the proceedings relate to any functions transferred by this Act, be substituted

those proceedings for that of the Minister, or added

those proceedings as may be appropriate, and those proceedings shall not abate by reason of such substitution.

those proceedings notwithstanding the transfer of functions under this Act.

cluding any licence or consent) made, granted or given

the exercise of a function transferred by this Act shall, if and

so far as it was operative immediately before the appointed day, have effect on and after that day as if it had been made, granted or given by the Commission.

an Act or an

strument (

cluding a licence granted or consent given thereunder) relating to any functions transferred by this Act to the Commission shall be construed, on and after the appointed day, as references to the Commission. Code of conduct. 8.—

respect of controls on the

terests and ethical behaviour to apply to each member of the Commission and member of the staff of the Commission.

terests. 9.—

writing of his or her

terests to the Minister,

such form as the Minister, following consultation with the Minister for Finance, may specify.

terests

writing to the Commission and, within one month of such declaration, the Commission shall, on request, provide the details of all such declarations to the Minister.

terests

respect of any changes

the

terests held by the person.

terests declared under subsection

cluded

the next report prepared

accordance with paragraph 25(c) of the Schedule to the Act of 1999 following the making of the declaration and any subsequent change

a declaration shall also be

cluded

a statement

the next available report. (b) The form and content of the statement to be

cluded

such report shall be agreed between the Commission, the Minister and the Minister for Finance. (c) Notwithstanding paragraph (b), it shall not be necessary to specify

a statement

such report the amount of monetary value of any

terest, or the remuneration of any trade, profession or employment

cluded

the statement.

accordance with that subsection, the Minister shall decide the appropriate action (

cluding removal from office) to be taken.

accordance with that subsection, the Commission shall decide the appropriate action (

cluding removal from office or termination of contract) to be taken.

this section— “employment”

cludes— (

1. a)full-time employment, (
2. b)part-time paid employment, where such employment is ongoing

the year of appointment or which arises

subsequent years, (c) temporary paid employment, being for a period of 16 weeks or more

the year of appointment or

subsequent years, or (d) being retained under contract, directly or

directly,

any capacity as an adviser, consultant or lobbyist, or for the provision of services; “

terests”

cludes— (a) shares

, bonds or debentures of, or other like

vestments

any undertaking related to the gas or electricity

dustries, where the aggregate of such holdings exceeds €12,500, (b) a directorship or shadow directorship (within the meaning of the Companies Acts, 1963 to 2001),

such an undertaking, held currently or during the previous two years, or (c) gifts of travel, holidays, transport, money (

excess of €650) or other benefits,

cluding benefits from any beneficial

terest

or connected with such an undertaking, during the previous two years which were received by the person being appointed or by his or her spouse. Disclosure of

terests. 10.—

terest or other beneficial

terest

, or material to, any matter which falls to be considered by the Commission, he or she shall— (a) disclose to the Commission, or where there is only one member of the Commission, that member shall disclose to the Minister, the nature of his or her

terest

advance of any considerations of the matter, (b) neither

fluence nor seek to

fluence a decision

relation to the matter, (c) take no part

any consideration of the matter, (d) if he or she is a member of the Commission or a member of the staff of the Commission, withdraw from the meeting for so long as the matter is being discussed or considered by the Commission, and shall not vote or otherwise act as such member

relation to the matter.

terest if— (a) he or she or any member of his or her household, or any nominee of his or her's or any member of his or her household, is a member of a company or any other body which has a beneficial

terest

, or material to, a matter referred to

that subsection, or (b) he or she or any member of his or her household is

partnership with or is

the employment of a person who has a beneficial

terest

, or material to, such a matter, or (c) he or she or any member of his or her household is

the process of acquiring land or property to which such a matter relates.

terest

, or material to, any matter, by reason only of an

terest of his or her's or of any company or of any other body or person mentioned

subsection

significant that it cannot reasonably be regarded as likely to

fluence a person

considering, discussing or

voting on, any question with respect to the matter, or

performing any function

relation to that matter.

the case of that member, by the Minister.

the minutes of any meeting concerned.

this section fails to make a disclosure

accordance with this section, the Commission shall decide the appropriate action (

cluding removal from office or termination of contract) to be taken.

accordance with this section, the Minister shall decide the appropriate action (

cluding removal from office) to be taken. Functions of Bord Gáis Éireann. 11.—The Gas Act, 1976 , is amended, on the appointed day, by the substitution for section 8 of the following section: “8.—

relation to customers other than persons of the type mentioned

paragraphs (a), (b), (

1. c)or (
2. d)of subsection

paragraph (a) of this subsection shall be construed as imposing on the Board, either directly or

directly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

discharging the duties imposed on it under this Act, the Board shall have regard to the sources of supply of natural gas which are available for the time being to the Board and such safety requirements as,

the opinion of the Board, are necessary

relation to the transmission and distribution of such gas.

relation to, or ancillary to, the provision, development or maintenance of a system of gas supply, (g) for or on behalf of the owner of a pipeline used or

tended to be used to supply gas to the Board, provide, operate or maintain, or provide, operate and maintain, anything which is a thing mentioned

paragraph (

1. f)of this subsection, (
2. h)provide for any other person any or all of the following services and facilities relating to the development or supply of gas, namely, advice or assistance, research services or research or training facilities, (
3. i)subject to subsection

stitution or for any public, general or useful object, (j) draw, make, accept, endorse, discount, negotiate or issue bills of exchange, promissory notes or other negotiable or transferable

struments, (k) subject to subsection

cidental to, or which appears to the Board to facilitate, the performance by the Board of any function under this Act.

case the Board pursuant to subsection

any particular year gives for or to a particular object or

stitution two or more subscriptions the aggregate of which exceeds €2,000, the subscription or subscriptions, as may be appropriate, together with the object or

stitution to which it or they relate shall be specified

the accounts kept by the Board pursuant to this Act.

consistent with the functions of the Board.

terest

a pipeline or a part thereof that has been constructed by it pursuant to and

accordance with a consent given by the Minister or the Commission under this Act, the Board shall obtain the prior consent of the Minister given with the approval of the Minister for Finance for such a transfer and the Minister may attach such conditions as he or she deems appropriate to such a prior consent.

subsection

terest’ means any estate, right, title or other

terest, legal or equitable and

cludes a licence; ‘transfer’

cludes grant, demise and assign or, as appropriate, a grant, demise and an assignment.”. Construction of pipelines. 12.—

sertion after section 39 of the following section: “39A.—

terim) (Regulation) Act, 2002, a person,

cluding the Board, shall not, without the consent of the Commission, construct a pipeline, other than an upstream pipeline, on, over or under the surface of land or of any sea bed that is situate

the territorial seas of the State or a designated area.

accordance with the consent.

terim) (Regulation) Act, 2002, are the procedures to be followed

giving consents under subsection

cluding conditions analogous to all or any of the requirements of subsection

relation to the giving of a consent under subsection

case the holder of a consent given under subsection

juring the amenities of the area and,

particular, and without prejudice to the generality of the foregoing, the holder shall while constructing the pipeline take all reasonable steps to prevent

jury to any building, site, flora, fauna, feature or other thing which is of particular architectural, historic, archaeological, geological or natural

terest, and when selecting the route for the pipeline the holder shall have regard to any representations made to the holder as regards the route of such pipeline by any local authority within whose functional area a proposed route, or any part of such a route would, if the pipeline were constructed, be situate, or any of the following on,

or over whose land such route or part would

such circumstances be situate, namely— (

1. a)a harbour authority (within the meaning of the Harbours Act, 1946 ), (
2. b)a company (within the meaning of the Harbours Act, 1996 ), (
3. c)the Electricity Supply Board or any other electricity undertaker, (
4. d)Córas Iompair Éireann or any other railway undertaker, or (
5. e)a natural gas undertaking (other than the holder).

serted by section 19 of the Act of 2000) of the following section— “40.—

cluding the Board, shall not, without the consent of the Minister for the Marine and Natural Resources, construct or operate an upstream pipeline on, over or under the surface of land or of any sea bed that is situate

the territorial seas of the State or a designated area.

accordance with the consent.

cluding conditions analogous to all or any of the requirements of subsection

case the holder of a consent given under subsection

juring the amenities of the area and,

particular, and without prejudice to the generality of the foregoing, the holder shall while constructing the upstream pipeline take all reasonable steps to prevent

jury to any building, site, flora, fauna, feature or other thing which is of particular architectural, historic, archaeological, geological or natural

terest, and when selecting the route for the upstream pipeline the holder shall have regard to any representations made to the holder as regards the route of such upstream pipeline by any local authority within whose functional area a proposed route, or any part of such a route would, if the upstream pipeline were constructed, be situate, or any of the following on,

or over whose land such route or part would

such circumstances be situate, namely— (

1. a)a harbour authority (within the meaning of the Harbours Act, 1946 ), (
2. b)a company (within the meaning of the Harbours Act, 1996 ), (
3. c)the Electricity Supply Board or any other electricity undertaker, (
4. d)Córas Iompair Éireann or any other railway undertaker, or (
5. e)a natural gas undertaking (other than the holder).

section 40A (

serted by Article 20 of the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ))— (i)

subsection

serted by section 19

this section referred to as an ‘environmental impact statement’) of a proposed pipeline of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), or under any provision amending or replacing the said Article 24 shall be submitted with, or within a reasonable time after the making of, an application to— (i) the Commission by a person,

cluding the Board, for its consent under section 39A

relation to the proposed construction of a pipeline other than an upstream pipeline, or (ii) the Minister for the Marine and Natural Resources by a person,

cluding the Board, for his or her consent under section 40

relation to the proposed construction of an upstream pipeline.”, and (ii) other than

subsection

serted by this paragraph), by the substitution for “the Minister” of “the Commission or the Minister for the Marine and Natural Resources, as the case may be,”

each place where it occurs, (iii) by the substitution for subsection

accordance with a requirement of or under subsection

another Member State of the European Communities or a state which is party to the Transboundary Convention or where the other state concerned considers that the said pipeline would be likely to have the said effects and so requests, he or she shall, as soon as possible, send to that state— (i) a description of the proposed pipeline and any available

formation on its possible effects on the environment

that state, and (ii)

formation on the nature of the decision which may be taken, and shall give that state a reasonable time to

dicate whether it wishes to furnish views on the said effects. (b) Where a Member State of the European Communities or a state which is party to the Transboundary Convention which has received

formation pursuant to paragraph (a) of this subsection

dicates that it wishes to furnish views on the likely effects on the environment of the proposed pipeline, the Minister shall, if he or she has not already done so, send to that state— (i) a copy of the environmental impact statement, and (ii) relevant

formation about the procedure for making a decision on the application or notice concerned. (c) The Minister shall enter

to consultations with a Member State of the European Communities or a state which is party to the Transboundary Convention to which

formation was sent pursuant to paragraph (b) of this subsection regarding the potential effects of the proposed pipeline on the environment

that state and the measures envisaged to reduce or eliminate such effects. (d) The Minister shall notify a Member State of the European Communities or a state which is party to the Transboundary Convention to which

formation was sent pursuant to paragraph (b) of this subsection of his or her decision on the application or notice concerned. (e)

this section ‘Transboundary Convention’ means the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment

a Transboundary Context done at Espoo, Finland on 25 February, 1991.”, and (iv)

subsection

serted by this section) of the Gas Act, 1976 , shall not apply

relation to the construction of pipelines or those classes of pipelines, and (b) such conditions as the Commission deems desirable

relation to the construction of the pipelines or classes of pipelines to which the regulations relate.

accordance with which an application for a consent given under section 39A

cluding the technical and financial qualifications of the applicant, and (iv) any other criteria specified under subsection

a particular geographical area, as specified by the Commission, represents adequate provision for reasonable expectation of demand, it may refuse to give its consent under section 39A

that particular area.

regulations made under section 39A

serted by this section) of the Gas Act, 1976 , the Commission shall, where it considers it appropriate, or at the request of the Minister, conduct a competitive process for the purpose of selecting an applicant from whom an application for consent shall be considered for the construction of a pipeline

a particular area or for a particular purpose. (b) The Commission may make regulations relating to the conduct of such a competitive process, and such regulations may

clude— (i) the period of time allowed for the submission of expressions of

terest by prospective applicants, (

1. ii)the criteria for the pre-qualification of applicants, (iii) the period of time allowed for the submission of applications, (
2. iv)the criteria by which applications will be adjudicated, (
3. v)the terms and conditions that may be applied

relation to the successful applicant, (

1. vi)the lodging of a bond (if any) by the successful applicant, and (vii) any other matter which the Commission considers appropriate and necessary for the holding of a competitive process under paragraph (a). (
2. c)Before holding a competitive process under paragraph (a), the Commission shall undertake such preliminary examinations, as it considers appropriate or the Minister requests,

cluding the carrying out of economic and technical feasibility studies of a proposed pipeline or pipeline routes. (d) Where a competitive process is conducted under this subsection, the Commission shall not be obliged to select an applicant where it considers that no applicant is suitable.

this section “proposed distribution or transmission”

relation to a pipeline, means a pipeline, whether under construction or not, for which an application for consent has been made to the Commission under section 39A

accordance with the procedures for the giving of consents for the construction of pipelines set out

regulations made under section 39A

serted by this section) of the Gas Act, 1976 . Code of operations. 13.—

cluding publication by electronic means, subject to the approval of the Commission, a code (“code of operations”)

respect of all technical design, operational and other requirements relating to connection to and operation of the facilities

respect of which the holder has been granted the licence.

teroperability of systems.

respect of— (a) the matters to be specified

its code of operations, and (b) the review and revision by the holder from time to time of its code of operations.

serted by section 2

terim) (Regulation) Act, 2002, for the purpose of carrying out any activity for which the holder is licensed, (

1. b)the holder of a petroleum lease under section 13 of the Petroleum and Other Minerals Development Act, 1960 , for the purpose of carrying out any activity connected with the lease, (
2. c)a person,

cluding the Board,

respect of whom an order has been made under section 2

terim) (Regulation) Act, 2002), with an annual rate of consumption of not less than 2,000,000 standard cubic metres per annum (or such other rate as may stand prescribed for the time being) at a single meter

stallation for the purpose of delivery to that

stallation, to transport on his or her behalf through pipelines under the control of the pipeline operator natural gas, the pipeline operator shall offer to enter

to an agreement for the transportation of the natural gas on behalf of that person, subject to terms and conditions specified

regulations made by the Commission under subsection

clude an offer to transport natural gas at a rate that is greater or less than the rate to which the request relates (but, except

the case of an application made by a person mentioned

subsection

subsection

clude the terms for such a connection,

cluding any charges for connection, and details of all technical aspects relating to the connection that might be reasonably required by that person, and (ii) on request of the applicant, may be on the basis that the applicant constructs, or that either or both the applicant and the pipeline operator arranges to have constructed, the connection to the pipeline, and the ownership of any such connection constructed or arranged to be constructed by the applicant shall, subject to subsection

an agreement for transportation of the natural gas through the pipeline of the pipeline operator,

cluding terms and conditions relating to price; (b) the matters to be specified

an agreement for connection to the pipeline of the pipeline operator; (c) the terms and conditions,

cluding terms and conditions relating to price of the connection, upon which an offer for connection to the pipeline of the pipeline operator is made; (d) the methods for determining the proportion of the costs to be borne by the person making the application for connection to the pipeline of the pipeline operator and to be borne by the pipeline operator being costs which are directly or

directly

curred

carrying out works under an agreement or making a connection or modifying an existing connection; (

1. e)the terms and conditions upon which applications for an agreement are to be made and the period of time within which an offer or refusal pursuant to an application is to be made by the pipeline operator; and (
2. f)any other matters which the Commission considers necessary or expedient for the purpose of making an offer for the transportation of natural gas through a pipeline or connection to a pipeline.

the regulations.

paragraph (a), (b), (c), (

1. d)or (
2. e)of that subsection.

its pipeline, save where it is economical for the operator to make the necessary enhancements to the capacity of the pipeline, (b) on the basis of a lack of connection to that pipeline, save where the person making the request is willing to pay for such a connection

accordance with such conditions as may be specified by the Commission

regulations made under subsection

to an agreement under this section would be likely to

volve the pipeline operator

a contravention or a breach of— (i) this Act, the Electricity Regulation Act, 1999 , the Gas (Amendment) Act, 2000 , or the Gas (

terim) (Regulation) Act, 2002; (ii) regulations made under any of the aforesaid Acts; (iii) the conditions of any licence granted or consent given to the pipeline operator under this Act or the Gas (

terim) (Regulation) Act, 2002; (iv) the code of operations (within the meaning of section 13 of the Gas (

terim) (Regulation) Act, 2002) of the pipeline operator; or (v) a public service obligation imposed on the pipeline operator by an order made under section 21

terim) (Regulation) Act, 2002, or (d) the person making the application does not undertake to be bound by the terms of the aforesaid code of operations of the pipeline operator

so far as those terms are applicable to that person.

to an agreement under this section, the operator shall serve notice on the applicant of the reasons for such a refusal.

relation to a dispute concerning a distribution or transmission pipeline, part of which is situated

the territory of another state, on the seabed under the territorial seas of another state or on the continental shelf belonging to another state, the Commission shall consult the relevant authorities

that other state with respect to the application.

order to ensure compliance with a determination made under this section the Commission may apply

a summary manner on notice to the High Court for an order requiring a pipeline operator to comply with the determination.

the context of sales or purchases of natural gas by that operator or related undertakings, abuse commercially sensitive

formation obtained from third parties

the context of providing or negotiating access to a pipeline under the control of the pipeline operator.

this section ‘pipeline operator’ has the same meaning as

section 14 of the Gas (

terim) (Regulation) Act, 2002. 10B.—

terim) (Regulation) Act, 2002, for the purpose of carrying out any activity for which the holder is licensed, (

1. b)the holder of a petroleum lease under section 13 of the Petroleum and Other Minerals Development Act, 1960 , for the purpose of carrying out any activity connected with the lease, (
2. c)a person,

cluding the Board,

respect of whom an order has been made under section 2

terim) (Regulation) Act, 2002) with an annual rate of consumption of not less than 2,000,000 standard cubic metres per annum (or such other rate as may stand prescribed for the time being) at a single meter

stallation for the purpose of delivery to that

stallation, to transport on his or her behalf through pipelines under the control of the upstream pipeline operator natural gas, the upstream pipeline operator shall offer to enter

to an agreement for the transportation of the natural gas on behalf of that person, subject to terms and conditions specified

regulations made by the Minister for the Marine and Natural Resources under subsection

clude an offer to transport natural gas at a rate that is greater or less than the rate to which the request relates (but, except

the case of an application made by a person mentioned

subsection

subsection

clude the terms for such a connection,

cluding any charges for connection, and details of all technical aspects relating to the connection that might be reasonably required by that person, and (ii) on request of the applicant, may be on the basis that the applicant constructs, or that either or both the applicant and the upstream pipeline operator arranges to have constructed, the connection to the pipeline, and the ownership of any such connection constructed or arranged to be constructed by the applicant shall, subject to subsection

an agreement for transportation of the natural gas through the pipeline of the upstream pipeline operator,

cluding terms and conditions relating to price, (b) the matters to be specified

an agreement for connection to the pipeline of the pipeline operator, (c) the terms and conditions,

cluding terms and conditions relating to price of the connection, upon which an offer for connection to the pipeline of the pipeline operator is made, (d) the methods for determining the proportion of the costs to be borne by the person making the application for connection to the pipeline of the pipeline operator and to be borne by the pipeline operator being costs which are directly or

directly

curred

carrying out works under an agreement or making a connection or modifying an existing connection, (

1. e)the terms and conditions upon which applications for an agreement are to be made and the period of time within which an offer or refusal pursuant to an application is to be made by the upstream pipeline operator, and (
2. f)any other matters which the Minister for the Marine and Natural Resources considers necessary or expedient for the purpose of making an offer for the transportation of natural gas through a pipeline or connection to a pipeline.

the regulations.

paragraph (a), (b), (c), (

1. d)or (
2. e)of that subsection.

its pipeline, save where it is economical for the operator to make the necessary enhancements to the capacity of the pipeline, (b) on the basis of a lack of connection to that pipeline, save where the person making the request is willing to pay for such a connection

accordance with such conditions as may be specified by the Minister for the Marine and Natural Resources

regulations made under subsection

to an agreement under this section would be likely to

volve the upstream pipeline operator

a contravention or a breach of— (i) the Gas Acts, 1976 to 2002, the Electricity Regulation Act, 1999 , the Gas (Amendment) Act, 2000 , or the Gas (

terim) (Regulation) Act, 2002, (ii) regulations made under any of the aforesaid Acts, (iii) the conditions of any licence granted or consent given to the upstream pipeline operator under this Act or under the Gas (

terim) (Regulation) Act, 2002, (

1. iv)the conditions of any licence, lease or permit granted to the upstream pipeline operator under the Petroleum and Other Minerals Development Act, 1960 , or (
2. v)the upstream pipeline operator's code of operations, being a code, approved by the Minister for the Marine and Natural Resources,

respect of all technical design, operational and other requirements relating to operation of the upstream pipeline

respect of which the holder has been granted a consent by that Minister under section 40

so far as those terms are applicable to that person.

to an agreement under this section, the operator shall serve notice on the applicant of the reasons for such a refusal.

that behalf by the Minister, for the purposes of Article 21 of the Directive, shall be the competent authority (

this section referred to as the ‘competent authority’)

the State to settle expeditiously disputes concerning refusal of access to upstream pipelines within the scope of the Directive.

relation to a dispute concerning an upstream pipeline, part of which is situated

the territory of another state, on the seabed under the territorial seas of another state or on the continental shelf belonging to another state the competent authority shall, prior to considering the application, consult the relevant authorities

that other state with respect to the application.

subsection

formation, whether oral or written, requested from time to time, by the competent authority

the form and at the times specified by that authority, for the purpose of making a determination under subsection

making a determination under subsection

natural gas, and (iii) avoiding any abuse of a dominant position. (b)

applying the objectives under paragraph (

1. a)of this subsection, the competent authority shall take account of— (
2. i)security and regularity of supplies, (
3. ii)capacity which is or can reasonably be made available, (iii) environmental protection, and (
4. iv)the number of parties which may be

volved

negotiating access to upstream pipelines.

making a determination under subsection

to account the need— (a) to refuse access where there is an

compatibility which cannot be reasonably overcome between the technical specifications being proposed by the applicant and those applying to the pipeline of the upstream pipeline operator, (b) to avoid difficulties which cannot be reasonably overcome and could prejudice the efficient, current and planned future production of natural gas or other hydrocarbons,

cluding that from fields of marginal economic value, and (c) to respect the duly substantiated reasonable needs of the upstream pipeline operator for the transport and processing of gas and the

terests of all other users of the relevant upstream pipeline or processing or handling facilities who may be affected.

order to ensure compliance with a determination made under subsection

a summary manner on notice to the High Court for an order requiring an upstream pipeline operator to comply with the determination.

the context of sales or purchases of natural gas by that operator or related undertakings, abuse commercially sensitive

formation obtained from third parties

the context of providing or negotiating access to a pipeline under the control of the upstream pipeline operator.

respect of the basis for charges for the transportation of natural gas through, or connection to, a pipeline under the control of the upstream pipeline operator, and (

1. ii)specify by regulations the classes of upstream pipeline operator to whom paragraph (
2. a)of this subsection does not apply. (
3. c)Notwithstanding the generality of paragraph (
4. b)of this subsection, directions given by the Minister for the Marine and Natural Resources under this subsection may provide for— (
5. i)the methods of charging to be

cluded

the statement to be prepared by an upstream pipeline operator, (ii) the form and the extent of the

formation to be provided by an upstream pipeline operator to applicants, (iii) the form of charges and

formation about those charges to be

cluded

the statement to be prepared by an upstream pipeline operator, (iv) the procedure to be adopted

the submission by an upstream pipeline operator of a statement of charges and the approval by the Minister for the Marine and Natural Resources of such statement, and (v) the nature of

formation to be provided to applicants seeking the transportation of natural gas through, or connection to, a pipeline under the control of the upstream pipeline operator and its presentation and transparency. (

1. d)An upstream pipeline operator shall comply with directions given to it by the Minister for the Marine and Natural Resources under this subsection. (
2. e)A charge for the transportation of natural gas through, or connection to, a pipeline under the control of the upstream pipeline operator shall be calculated

accordance with directions given by the Minister for the Marine and Natural Resources under this section so as to enable the upstream pipeline operator to recover— (i) the appropriate proportion of the costs directly or

directly

curred

carrying out any necessary works, and (

1. ii)a reasonable rate of return on the capital represented by such costs. (
2. f)The Minister for the Marine and Natural Resources, solely, shall determine that which constitutes an ‘appropriate proportion’ referred to

paragraph (e)(i) of this subsection and a ‘reasonable rate of return’ referred to

paragraph (e)(ii) of this subsection.

accordance with subsection

this section referred to as the ‘statement’) and the statement, and

particular any charges referred to therein, shall not apply until such time as it has been approved of by the Minister for the Marine and Natural Resources, subject to such modifications, if any, as that Minister considers appropriate. (

1. b)The Minister for the Marine and Natural Resources shall consult with an upstream pipeline operator and have regard to any submission made by the upstream pipeline operator to the Minister for the Marine and Natural Resources prior to making a decision as to whether to approve of or not, as the case may be, a statement submitted by the upstream pipeline operator to the Minister for the Marine and Natural Resources for approval. (
2. c)Any charges imposed by an upstream pipeline operator on or before the coming

to operation of this section shall, subject to the approval of the Minister for the Marine and Natural Resources, continue

force until a statement has been approved of by that Minister under this section and thereafter all charges shall be

accordance with a statement approved of by that Minister.

this section— ‘Directive’ means Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning the

ternal market

natural gas; ‘pipeline’ means an upstream pipeline and

cludes facilities supplying technical services

cidental to acquiring access to such pipelines; ‘upstream pipeline operator’ means a person operating an upstream pipeline

accordance with a consent given by the Minister for the Marine and Natural Resources under section 40

the State to settle expeditiously disputes concerning refusal of access to distribution or transmission pipelines within the scope of the Directive.

respect of the basis for charges for the transportation of natural gas through, or connection to, the pipeline of the pipeline operator, and (

1. ii)specify by regulations those classes of pipeline operators to whom paragraph (
2. a)does not apply. (
3. c)Notwithstanding the generality of paragraph (b), directions given by the Commission under this subsection may provide for— (
4. i)the methods of charging to be

cluded

the statement to be prepared by a pipeline operator, (ii) the form and the extent of the

formation to be provided by a pipeline operator to applicants, (iii) the form of charges and

formation about those charges to be

cluded

the statement to be prepared by a pipeline operator, (iv) the procedure to be adopted

the submission by a pipeline operator of a statement of charges and the approval by the Commission of such statement, and (v) the nature of

formation to be provided to applicants seeking the transportation of natural gas through, or connection to, the pipeline of the pipeline operator and its presentation and transparency. (

1. d)A pipeline operator shall comply with directions given to it by the Commission under this subsection. (
2. e)A charge for the transportation of natural gas through, or connection to, the pipeline of the pipeline operator shall be calculated

accordance with directions given by the Commission under this section so as to enable the pipeline operator to recover— (i) the appropriate proportion of the costs directly or

directly

curred

carrying out any necessary works, and (

1. ii)a reasonable rate of return on the capital represented by such costs. (
2. f)The Commission, solely, shall determine that which constitutes an “appropriate proportion” referred to

paragraph (e)(i) and a “reasonable rate of return” referred to

paragraph (e)(ii).

accordance with subsection

this section referred to as the “statement”) and the statement, and

particular any charges referred to therein, shall not apply until such time as it has been approved of by the Commission. (

1. b)The Commission shall consult with a pipeline operator and have regard to any submission made by the pipeline operator to the Commission prior to making a decision as to whether to approve of or not, as the case may be, a statement submitted by the pipeline operator to the Commission for approval. (
2. c)A statement and,

particular, charges referred to therein, shall not take effect until such time as it is approved of by the Commission, subject to such modifications, if any, as the Commission considers appropriate. (d) Any charges imposed by a pipeline operator on or before the appointed day shall, subject to the approval of the Commission, continue

force until a statement has been approved of by the Commission under this section and thereafter all charges shall be

accordance with a statement approved of by the Commission.

this section “pipeline operator” means— (a) the holder of a natural gas licence

respect of the operation of a distribution or transmission pipeline, or (b) subject to section 16

accordance with a consent given by the Minister, prior to the appointed day, under section 8

a year specified

the direction shall be applied

such manner (

cluding application for the benefit of the Exchequer) as is specified

the direction.

performing its functions the Board shall— (

1. a)comply with any direction under this section, and (
2. b)have regard to any directive under this section concerning its financial objectives.”. Natural gas licences. 16.—

the licence, or may refuse to grant, to any person a licence (a “natural gas licence”)

respect of any or all of the following activities— (a) the supply of natural gas to persons of a type mentioned

subsection

serted by section 14 ) of the Gas Act, 1976 , or to customers of a type mentioned

Article 19of the Directive. (b) the operation of a distribution or transmission pipeline, or (c) the storage of natural gas.

subsection

respect of the activity is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 3 months, or to both.

subsection

writing and be

such form and contain such

formation as the Commission may request, and (b) accompanied by such a fee, if any, as the Commission may determine to be appropriate, having regard to the application being made.

formation on such fees payable under subsection

accordance with which an application for a natural gas licence of any category referred to

paragraph (a), (

1. b)or (
2. c)of subsection

cluding the technical and financial qualifications of the applicant, and (d) any other criteria specified under subsection

subsection

subsection

serted by section 12 ) of the Gas Act, 1976 , and, where appropriate, for a natural gas licence and shall be dealt with accordingly.

favour of related undertakings, (c) provide any natural gas undertaking with sufficient

formation to ensure that transport or storage of natural gas may take place

a manner compatible with the safe, secure and efficient operation of the natural gas system, (d) without prejudice to any legal obligation to disclose

formation, preserve the confidentiality of commercially sensitive

formation obtained

the course of carrying out its business, and (e) provide all documents, records, accounts, estimates and other

formation, whether oral or written, requested from time to time by the Commission,

the form and at the times specified by the Commission, for the purpose of verifying that the holder of the licence is complying with the conditions of the licence, or as may be required by the Commission

the performance of its duties or functions imposed under this Act.

paragraph (b) have arisen or are likely to arise it may direct the holder of a natural gas licence, the holder of a consent given by the Minister, before the appointed day, under section 8

respect of whom an order has been made under section 2

regulations made by the Commission under subsection

paragraph (

1. a)are where the Commission is of the opinion that: (
2. i)immediate action is necessary to protect— (I) public health or safety or the environment, (II) the continuity of supplies of natural gas, or (III) the

terests of other holders of natural gas licences or consents given under the Gas Act, 1976 , or of other persons

respect of whom an order has been made under section 2

regulations made by the Commission under subsection

respect of whom an order has been made under section 2

respect of whom an order has been made under section 2

this subsection shall authorise the Commission to give directions relating to

dustrial disputes.

respect of whom an order has been made under section 2

this subsection and

subsections

serted by section 12 ) of the Gas Act, 1976 , or (iv) any duties or obligations conferred on a person by an order made under section 2

respect of whom an order has been made under section 2

accordance with sections 20 to 22 of the Act of 1999, and those sections shall, accordingly, be construed as

cluding references to a natural gas licence, consent or order as aforesaid, where appropriate.

sections 14

cluding a reference to a natural gas licence and an order made under section 2

sections 17

cluding a reference to a consent of a type mentioned

section 8

regard to an upstream pipeline. Unbundling of accounts of natural gas undertakings. 17.—

accordance with the requirements of those Acts, or (

1. b)where it is not required to publish annual accounts under the Companies Acts, 1963 to 2001, it shall cause its annual accounts to be audited as if it were a company to which paragraph (
2. a)applied and make available for

spection at its head or principal office

the State by any member of the public a copy of the accounts it would be obliged to publish if it were a company to which paragraph (a) applied.

tegrated natural gas undertakings shall,

their

ternal accounting— (

1. i)keep separate accounts for their transmission, distribution, storage and supply activities, (
2. ii)keep separate accounts for their supply business

regard to persons of the type mentioned

section 10A (

serted by section 14 ) of the Gas Act, 1976 , and (iii) where appropriate, consolidated accounts for other, non-natural gas activities, as they would be required to do if the activities

question were carried out by separate companies. (b)

preparing the accounts referred to

paragraph (a),

tegrated natural gas undertakings shall

clude a balance sheet and a profit and loss account for each activity to which that paragraph relates. (c)

tegrated natural gas undertakings shall specify

notes to the annual accounts the rules for the allocation of assets and liabilities and expenditure and

come which they follow

drawing up the separate accounts referred to

paragraphs (

1. a)and (b). (
2. d)The rules mentioned

paragraph (c) may be amended only with the approval of the Commission and any amendment to which this paragraph relates shall be mentioned and duly substantiated

the notes to the annual accounts. (e) The annual accounts of natural gas undertakings shall

dicate

notes to their annual accounts any transaction of a certain size (being a size which,

the opinion of the Commission, would have a significant commercial impact) conducted with related undertakings, within the meaning of Article 2.18 of the Directive. (f)

tegrated natural gas undertakings shall make available for

spection by the Commission accounts kept

accordance with this section.

addition to the requirements

subsection

its

ternal accounting, keep accounts for each of its separate business activities, and (b) provide all documents, records, accounts, estimates or other

formation, whether oral or written,

relation to such activities requested, from time to time, from the appointed day, by the Commission,

the form and at the times specified by the Commission, for the purpose for verifying that the Board (or a subsidiary of the Board) is complying with the conditions of any licence granted or any directive given to it by the Commission, or as may be required by the Commission

the performance of its functions under this Act.

accordance with this section of natural gas undertakings

whatever form may be required to discharge its functions under this Act.

this section— “horizontally

tegrated natural gas undertaking” means a natural gas undertaking performing at least one of the functions of transmission, distribution, supply or storage of natural gas, and a non-natural gas activity; “

tegrated natural gas undertaking” means a vertically or horizontally

tegrated natural gas undertaking; “vertically

tegrated natural gas undertaking” means a natural gas undertaking performing two or more of the tasks of transmission, distribution, supply or storage of natural gas. Authorised officers. 18.—The Act of 1999 is amended— (a)

section 11

sertion after “authorisation” of “or a natural gas licence granted under section 16 of the Gas (

terim) (Regulation) Act, 2002, or a consent given under the Gas Act, 1976 ”. (b)

section 11

the case of such

formation

a non-legible form to reproduce it

permanent legible form) which are

his or her power or control or to give him or her such

formation, whether oral or written, as the officer may reasonably require

relation to any entries

such records, (bb) require any such person to give to the officer any other

formation, whether oral or written, which the officer may reasonably require to determine whether this Act or the Gas (

terim) (Regulation) Act, 2002, are being complied with,”, (c)

section 12, by the

sertion after “authorisation” of “or a natural gas licence granted under section 16 of the Gas (

terim) (Regulation) Act, 2002, or a consent given by the Minister prior to the appointed day under section 8

cluding publication by electronic means, a statement (a “gas capacity statement”) of forecasts for the following period of 7 years following its publication

respect of capacity, forecast flows and customer demand on each part of the natural gas system together with such other

formation as the Commission may deem appropriate for the purposes of this subsection.

formation supplied on request to the Commission by natural gas undertakings and it shall be a duty of a natural gas undertaking to supply any

formation, whether oral or written, that the Commission might reasonably require for the preparation of a gas capacity statement to the extent and within the timescale requested by the Commission.

formation set out

and alter the form of each gas capacity statement.

formation of the type mentioned

section 13 of the Act of 1999. Provision of

formation. 20.—

relation to the provision of

formation by the Commission to such classes of person as the Minister considers appropriate,

cluding final customers of electricity and gas, concerning the rights of such classes of person, and any other

formation the Minister considers would be of benefit to such classes of person.

which such

formation should be provided,

cluding, where the Minister considers it appropriate, publication by electronic means.

subsection

relation to electricity, has the meaning assigned to it

section 2

terested parties as determined by the Minister, by order direct the Commission to impose on such classes of natural gas undertakings as may be specified

the order

the general economic

terest, public service obligations which may

clude security,

cluding security of supply and technical or public safety, regularity, quality and price of supplies, and to environmental protection.

relation to— (

1. a)the costs of delivery of natural gas, and (
2. b)any other costs as may be deemed appropriate from time to time by the Minister,

cluding a reasonable rate of return on the capital represented by such costs, where appropriate,

curred by natural gas undertakings

complying with an order under subsection

cluding costs

curred after the variation or revocation of such an order.

which it shall be apportioned to customers, (

1. b)the collection of levy from final customers by natural gas undertakings, (
2. c)the establishment and the administration by the Commission of a fund to be used for— (
3. i)the collection of payments made by natural gas undertakings, and (
4. ii)the disbursement of payments as provided under paragraph (e), (
5. d)the transfer, at such times specified

the order, of collected payments referred to

paragraph (

1. b)by natural gas undertakings to the fund, and (
2. e)the making, out of the fund, by the Commission of payments to natural gas undertakings for the achievement of the purpose of the fund.

formation or the affording of facilities for the examination and testing of meters or otherwise) on natural gas undertakings, (

1. b)provide for the times at which payments are to be made (whether payments by way of levy or payments to natural gas undertakings), and (
2. c)require the amount of any overpayment or underpayment which is made by or to any person to be set off against or added to any subsequent liability or entitlement of that person.

curred

the collection of levy, or of the Commission

the administration of the fund) to pay to natural gas undertakings the payment required to be made by the order.

cluding an order made under this subsection).

section 29

the case of a proposed modification of a natural gas licence or a consent given by the Minister prior to the appointed day under section 8

serted by section 12 ) of the Gas Act, 1976 , be taken to mean an order made under subsection

this section “public service obligation” means an obligation placed on natural gas undertakings which takes account of general social, economic and environmental factors. Funding of Commission. 22.—

section 2

sertion— (I) after the definition of “electricity undertaking” of the following definition: “‘energy undertaking’ means an electricity undertaking or a natural gas undertaking.”, and (II) after the definition of “Minister” of the following definition: “‘natural gas undertaking’ means a person engaged

the transmission, distribution, supply or storage of natural gas,

cluding any holder of a licence or a consent under this Act, or any person who has been granted a licence or given a consent under the Gas Acts, 1976 to 2002,”, (b)

paragraphs 16 and 17 of the Schedule by the substitution for “electricity undertakings” of “energy undertakings”

each place where it occurs, (c)

paragraph 16 of the Schedule after “

the order.” to

sert the following sentence: “Separate orders may be made under this paragraph

respect of electricity undertakings and natural gas undertakings.”, (d)

paragraph 20 of the Schedule after “to meet its expenses” by the

sertion of “

the following year and the levy for that year shall take

to account such excess”, and (e)

paragraph 25 of the Schedule by the substitution for subparagraph (a) of the following subparagraphs: “(a) keep

such form as may be approved by the Minister, with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it

cluding an

come and expenditure account and balance sheet, (aa) shall ensure, as far as is reasonably practicable, that such accounts identify separately

regard to the gas and electricity sectors all elements of cost and revenue, with the basis of their calculation and the detailed attribution methods used, related to the discharge of the Commission's functions under this Act,”.

taking steps to facilitate the Commission

the performance of its functions conferred on it by this Act, the Commission may make an order imposing a levy to be paid each year on such classes of energy undertaking as may be specified by the Commission

the order. Miscellaneous amendments. 23.—

section 2— (

1. i)by the substitution for the definition of “Commission” of the following definition: “‘the Commission’ means the Commission for Energy Regulation;”, (
2. ii)by the

sertion after the definition of “the Company” of the following definition: “‘customer’ means a wholesale or final customer of natural gas and natural gas undertakings who purchases natural gas;”, (iii) by the

sertion before the definition of “deviation limits” of the following definition: “‘designated area’ has the meaning assigned to it by the Continental Shelf Act, 1968 ;”, (iv)

the definition of “pipeline” by the substitution for “transmission” of “transportation”, and (v) by the

sertion after the definition of “seashore” of the following definition: “‘upstream pipeline’ has the meaning assigned to it by section 2 of the Gas (

terim) (Regulation) Act, 2002;”, (b)

section 20

section 21, by the

sertion after subsection

writing delivered to the Board declare that subsection

a specified area and, whenever a notice under this paragraph is

force, subsection

relation to the construction of pipelines, or those pipelines or classes of pipelines specified

the notice,

the area specified

the notice.”, (d)

section 26— (i)

subsection

sertion after subsection

paragraphs (

1. c)and (
2. d)of that subsection where— (a)

the case of a pipeline other than an upstream pipeline, the Board has notified the Commission

writing of its

tention to make an application for the Commission's consent under section 39A

relation to the construction of a pipeline and

respect of which notification the Commission provides a certificate to the Board, after having made such

quiries, if any, as the Commission thinks appropriate, stating that the notification demonstrates a bona fide

tention on the part of the Board to make such an application, or (b)

the case of an upstream pipeline, the Board has notified the Minister for the Marine and Natural Resources

writing of its

tention to make an application for that Minister's consent under section 40

relation to the construction of a pipeline and

respect of which notification, that Minister provides a certificate to the Board, after having made such

quiries, if any, as that Minister thinks appropriate, stating that the notification demonstrates a bona fide

tention on the part of the Board to make such an application.”, (e)

section 27— (i)

subsection

subsection

each place where it occurs, and (iii)

subsection

section 30

section 32— (i) by the substitution for subsection (1A) (

serted by section 20 of the Act of 2000) of the following: “(1A) (a) A person may apply to the appropriate Minister of the Government for an order under this section (which order is

this Act also referred to as an ‘acquisition order’) to acquire compulsorily any land or right over land which is required by such person

connection with the construction or operation of a pipeline for which such person applies or has applied for a consent under section 39A or 40 of this Act, as the case may be, and, subject to the following provisions of this section, the appropriate Minister of the Government may make an acquisition order

relation to the land or right over the land. (b)

this subsection ‘appropriate Minister of the Government’ means— (i)

the case of an upstream pipeline, the Minister for the Marine and Natural Resources, and (ii)

any other case, the Minister.”, and (ii)

subsection

section 38

section 39— (i) by the substitution

subsection

cluding the Board, who has been given a consent under this Act”, and (ii) by the

sertion

subsection

section 42

respect of the pipeline, not being an upstream pipeline, or (ii) by the Minister for the Marine and Natural Resources under section 40

respect of the pipeline, being an upstream pipeline.”, and (k)

the Second Schedule— (i)

Article 3

relation to the provision of an upstream pipeline such fee (if any) as the Minister for the Marine and Natural Resources, with the consent of the Minister for Finance, may fix.”, (iii)

Article 11

, by the substitution for paragraph (

1. d)of the following paragraph: “(
2. d)where the Board acts

contravention (whether by commission or omission) of the order the Board shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000,”, (iv)

Article 11

(g), by the substitution for “Commission” of “Minister for Agriculture, Food and Rural Development”

each place where it occurs, and (v)

Article 11(h)— (I) by the substitution for “and provide that any person” of “and any person”, and (II) by the substitution for “£25” of “€500”.

section 1 by the

sertion before the definition of “the Company” of the following definition: “‘Commission’ means the Commission for Energy Regulation”, and (b)

section 2— (i)

subsection

cluding the Board, concurrently”, (ii)

subsection

sertion after “the Board” of “or the relevant person”,

each place where it occurs, (iii) by the deletion of subsection

sertion after subsection

relation to the provision of pipelines

a particular area where it determines that the capacity of existing or proposed distribution or transmission pipelines

that area provided or proposed to be provided by any person,

cluding the Board, who is subject to an existing order under that subsection

relation to that area, represents adequate provision for reasonable expectation of demand, (b) shall refuse to make an order under that subsection conferring functions on a person,

cluding the Board,

relation to the sale and supply of gas

a particular area

addition to an existing order conferring such functions on any other person,

cluding the Board,

regard to that area until such time as the annual rate prescribed

section 10A

paragraph (a) of this subsection.”, (v)

subsections

each place where it occurs, (vi)

subsections 6(b), (c) and (d), by the deletion of “,with the consent of the Minister for Finance,”,

each place where it occurs, and (vii) by the

sertion after subsection

cluding the Board,

accordance with functions conferred on that person or the Board, as the case may be, by an order under subsection

relation to either or both the nature and the amount of any charge or proposed charge referred to

that paragraph and the person or the Board, as the case may be, shall comply with such a direction.”, and (c) by the

sertion after section 2 of the following section: “2A.—

respect of whom an order under subsection

clude— (a) the period of time allowed for the submission of expressions of

terest by prospective applicants, (

1. b)the criteria for the pre-qualification of applicants, (
2. c)the period of time allowed for the submission of applications, (
3. d)the criteria by which applications will be adjudicated, (
4. e)the terms and conditions that may be applied

relation to the successful applicant, (

1. f)the lodging of a bond (if any) by the successful applicant, and (
2. g)any other matter which the Commission considers appropriate and necessary for the holding of a competitive process under subsection

sertion after “a direction given under” of “section 23

serted by section 14 of the Act of 2000) of the following subsection: “(1A)

subsection

the course of the performance by the Commission of its functions under this Act, the Gas (Amendment) Act, 2000 , or the Gas (

terim) (Regulation) Act, 2002.”.

formation Act, 1997 , is amended

the Third Schedule thereto by the addition to Part I at the end thereof— (a)

column

terim) (Regulation) Act, 2002.”, and (b)

column

section 1

section 20— (

1. i)the substitution for paragraph (
2. a)of the following paragraph: “(
3. a)save to the extent that this section has application to section 26 of the Principal Act, a person— (i)

respect of whom the Minister has, prior to the appointed day (within the meaning of section 2 of the Gas (

terim) (Regulation) Act, 2002), imposed a requirement under section 40

relation to the construction, or construction and operation of a pipeline, as the case may be,”, (

1. ii)the substitution for paragraph (
2. b)of the following paragraph: “(
3. b)to the extent that this section has application to the said section 26, a person— (
4. i)who, prior to the aforementioned day, has notified the Minister

writing of his or her

tention to give a notice or make an application for the Minister's consent under section 40

relation to the construction of a pipeline and

respect of which notification the Minister provides a certificate to the person, after having made such enquiries, if any, as the Minister thinks appropriate, stating that the notification demonstrates a bona fide

tention on the part of that person to give such a notice or make such an application, (ii) who, from the aforementioned day, has notified the Commission

writing of his or her

tention to make an application for the Commission's consent under section 39A

relation to the construction of a pipeline and

respect of which notification the Commission provides a certificate to the person, after having made such enquiries, if any, as the Commission thinks appropriate, stating that the notification demonstrates a bona fide

tention on the part of that person to give such a notice or make such an application, or (iii) who, from the aforementioned day, has notified the Minister for the Marine and Natural Resources

writing of his or her

tention to make an application for the consent of the Minister for the Marine and Natural Resources under section 40

relation to the construction of a pipeline and

respect of which notification the Minister for the Marine and Natural Resources provides a certificate to the person, after having made such enquiries, if any, as the Minister for the Marine and Natural Resources thinks appropriate, stating that the notification demonstrates a bona fide

tention on the part of that person to give such a notice or make such an application.”, and (iii)

subsection

sertion after “by a relevant person and those provisions” of “, other than section 26(1A),”. Revocation. 24.—The European Communities (

ternal Market

Natural Gas) (Compulsory Acquisition) Regulations 2001 ( S.I. No. 517 of 2001 ) are revoked. SCHEDULE Section 7. Functions under Acts transferred from Minister to Commission Number and Year Short Title Section

sofar as the functions relate to the provision of distribution and transmission pipelines) Section 31 (

sofar as the functions relate to the provision of distribution or transmission pipelines) Section 32 (

sofar as the functions relate to the provision of distribution or transmission pipelines) Section 39 (

sofar as the functions relate to the provision of distribution or transmission pipelines) Second Schedule (

sofar as the functions relate to the provision of distribution or transmission pipelines) No. 9 of 1987 Gas (Amendment) Act, 1987 Section 2

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