Gas Regulation Act 2013

I gCúinne Géar

Baineann an dlí seo le hathchóiriú oibríochtaí tarchurtha agus dáileacháin gáis agus gnó fuinnimh Bhord Gáis Éireann, lena n-áirítear bunú fochuideachtaí. Cinntíonn sé go bhfanfaidh líonraí gáis nádúrtha faoi úinéireacht phoiblí agus go gcuirfear Treoir 2009/73/CE i bhfeidhm tuilleadh.

Cad a Rialálann sé

Athchóiriú ar oibríochtaí tarchurtha agus dáileacháin gáis Bhord Gáis Éireann.
Bunú fochuideachtaí de chuid Bord Gáis Éireann.
Úinéireacht phoiblí leanúnach ar líonraí gáis nádúrtha.
Díol gnó fuinnimh Bhord Gáis Éireann agus athchóiriú ar úinéireacht Bhord Gáis Éireann.

Cé lena mbaineann sé

Bord Gáis Éireann (BGÉ) agus a fhochuideachtaí.
An tAire Cumarsáide, Fuinnimh agus Acmhainní Nádúrtha.

Príomhphointí

Ní mór do BGÉ cuideachta líonra a bhunú agus a chlárú faoi na hAchtanna Cuideachtaí.
Ní mór do BGÉ agus Gaslink plean aistrithe líonra a ullmhú.
Ní mór don Aire aon phlean aistrithe líonra a cheadú.
Ní mór don Aire tuarascáil ar oibriú an Achta a leagan os comhair gach Tí den Oireachtas tráth nach déanaí ná bliain amháin tar éis theacht i bhfeidhm na Coda seo.

Legal text

Obsah (6)

Article 2 Article 4 Article 5 Article 6 Article 7 Article 25

Regulation Act 2013 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

section 7B

(2)(inserted by section 16 of the Act of 2006) the following: “

(2)(

a)The Board may, in accordance with an approved scheme, make available to employees of the Board, or trustees on their behalf, up to 5 per cent of any capital stock in return for transformations in the company of at least equal value carried out by the employees of the Board. (
b)The Board shall issue 5 per cent of any capital stock to the Minister without payment and the said capital stock shall be treated as fully paid up. (
c)The Board shall issue 5 per cent of any capital stock to the Minister for Public Expenditure and Reform without payment and the said capital stock shall be treated as fully paid up. (
d)The Board shall issue the remainder of any capital stock to the majority-shareholding Minister appointed under paragraph (
e)without payment and the said capital stock shall be treated as fully paid up. (
e)The Government may from time to time, for the purposes of implementing Directive 2009/73/EC of the European Parliament and of the Council of 13 July 20093 , by order appoint a Minister of the Government (other than the Minister or the Minister for Public Expenditure and Reform) to be the majority-shareholding Minister.”, (d)

section 7C (inserted by section 16 of the Act of 2006) the following: “Exercise of powers by Ministers in respect of capital stock 7C.

(1)Subject to the provisions of this Act, the majority-shareholding Minister, the Minister and the Minister for Public Expenditure and Reform may each, in respect of the capital stock held by him or her, exercise all the rights or powers of a holder of such capital stock and, where such right or power is exercisable by attorney, exercise it by his or her attorney.

(2)The Minister and the Minister for Public Expenditure and Reform, in respect of the capital stock held by each of them, shall not directly or indirectly exercise control over the Board in carrying out its functions under section 8 and in particular shall not be entitled to appoint a member of the Board or to exercise voting rights in respect of the Board.

(3)The majority-shareholding Minister, the Minister and the Minister for Public Expenditure and Reform shall not sell, exchange, surrender or otherwise dispose of all or any of the capital stock held by him or her under section 7B without the prior consent of the Government.”, (e) in section 7E (inserted by section 16 of the Act of 2006),

subsection

(1)the following: “

(1)The Board may make a scheme (in this section referred to as a ‘capital stock scheme’) as respects— (

a)the terms and conditions relating to the creation of capital stock, and (
b)the rights and obligations attaching to the capital stock, and any such capital stock scheme shall be subject to the prior written consent of the majority-shareholding Minister given (where the majority-shareholding Minister is not the Minister for Finance, with the approval of the Minister for Finance) having consulted with the Minister, the Minister for Public Expenditure and Reform and any other Minister of the Government who, in the opinion of the majority- shareholding Minister having regard to the functions of that other Minister, ought to be consulted.”, (f)

section 7G (inserted by section 16 of the Act of 2006) the following: “7G. All amounts representing dividends or other money received by a Minister of the Government (including the majority-shareholding Minister) in respect of capital stock held by that Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance thinks fit.”, (g) in section 8A (inserted by section 8 of the Energy (Miscellaneous Provisions) Act 1995 ),

subsection

(6)the following: “

(6)The exercise by the Board of any power conferred on it by this section shall be subject to the prior written consent of the majority-shareholding Minister after consultation with any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted.

(7)Without prejudice to the exercise by the Board of any of its functions, a subsidiary of the Board formed or established under this section or under any enactment may exercise such and so many of the Board’s functions as are provided for in the memorandum and articles of association of the subsidiary.”, (h) in section 13

(3), by substituting “majority-shareholding Minister” for “Minister”, (

i)in section 14, by substituting “majority-shareholding Minister” for “Minister” in each place that it occurs, (
j)in section 20

(3)(

a)by substituting “the majority-shareholding Minister” for “the Minister”, (
k)in section 23— (
i)in subsection

(1)(as amended by section 9 (a) of the Energy (Miscellaneous Provisions) Act 1995 by substituting “with the prior consent of the majority-shareholding Minister, given where the majority-shareholding Minister is not the Minister for Finance with the approval of the Minister for Finance” for “with the prior consent of the Minister given with the approval of the Minister for Finance”, and (ii)

subsection

(3)the following: “

(3)The Board shall not borrow money under this section except with the prior consent of the majority-shareholding Minister given (where the majority-shareholding Minister is not the Minister for Finance, with the approval of the Minister for Finance) having consulted with the Minister, the Minister for Public Expenditure and Reform and any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted.”, (l)

section 24 the following: “24. The Board may, with the consent of the majority-shareholding Minister given (where the majority-shareholding Minister is not the Minister for Finance, with the approval of the Minister for Finance) having consulted with the Minister, the Minister for Public Expenditure and Reform and any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted, borrow temporarily either by arrangement with bankers or otherwise such sums as it may require for the purpose of providing for current expenditure.”, (m) in section 29,

subsection

(1)the following: “

(1)Notwithstanding anything otherwise contained in this Act, the Board shall sell, let, lease or demise or otherwise dispose of or grant a licence or right in respect of any right of working minerals which is vested in the Board (whether exclusive of any other person or otherwise) only with the consent of the majority-shareholding Minister given (where the majority-shareholding Minister is not the Minister for Finance, with the approval of the Minister for Finance) after having consulted with the Minister, the Minister for Public Expenditure and Reform and any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted.”, and (n) in section 38

(1), by substituting “transmitted or distributed” for “supplied”. Functions of Board 33. The Act of 1976 is amended

section 8 (as amended by the European Communities (Internal Market in Natural Gas) (BGÉ) Regulations 2005 ( S.I. No. 760 of 2005 ) the following: “8.

(1)(

a)The Board shall own, operate, develop and maintain a system for the transmission and distribution of natural gas being a system that is both economical and efficient and appears to the Board to be requisite for the time being. (
b)Nothing in paragraph (
a)shall be construed as imposing on the Board, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

(2)The Board shall carry out its obligations under this Act in accordance with Directive 2009/73/EC of the European Parliament and of the Council of 13 July 20094 and having regard to the need to ensure the safety and security of the transmission, distribution and supply of natural gas.

(3)Without prejudice to the generality of subsection

(1)or to any provision of this Act apart from this section, within or outside the State, and subject to any requirements of law the Board may— (

a)transmit and distribute natural gas (whether or not such gas has been prepared, processed or treated), (
b)liquify or otherwise prepare, process or treat natural gas, (
c)fix, make and recover charges for any service or facility provided or thing undertaken pursuant to this section by the Board, or fix and accept subscriptions for any service or facility so provided, (
d)attach such terms and conditions as the Board shall think fit to any service or facility provided by it, (
e)provide, operate or maintain, or provide, operate and maintain, whether for use by the Board or any other person, such pipelines, terminals, pressure-reducing stations, off-take stations, vessels, vehicles, works, services, facilities or other things as are necessary or expedient in relation to, or ancillary to, the provision, development or maintenance of a gas transmission system and a distribution system, (
f)provide any or all of the following services and facilities relating to the development, transmission or distribution of gas, namely, advice or assistance, research services or research or training facilities, (
g)subject to subsection

(4), subscribe or guarantee money for charitable or benevolent objects or to, or for, any institution or for any public, general or useful object, (

h)draw, make, accept, endorse, discount, negotiate or issue bills of exchange, promissory notes or other negotiable or transferable instruments, (
i)subject to subsection

(5), accept a gift of money, land or other property upon such trusts and conditions (if any) as may be specified by the person making the gift, (j) carry on any activity which appears to the Board to be requisite, advantageous or incidental to, or which appears to the Board to facilitate, the performance by the Board of any function under this Act.

(4)In case the Board pursuant to subsection

(3)(g)— (

a)gives a subscription exceeding €2,000, or (
b)in any particular year gives for, or to, a particular object or institution two or more subscriptions the aggregate of which exceeds €2,000, the subscription or subscriptions, as may be appropriate, together with the object or institution to which it or they relate shall be specified in the accounts kept by the Board pursuant to this Act.

(5)The Board shall not accept a gift pursuant to subsection

(3)(i) if the trusts and conditions attached by the donor to its acceptance are inconsistent with the functions of the Board.

(6)Where the Board proposes to transfer to another person an interest in a pipeline or a part thereof that has been constructed by it pursuant to and in accordance with a consent given under this Act the Board shall obtain the prior consent of the majority-shareholding Minister, given with the approval of the Government, for such a transfer and the majority-shareholding Minister may attach such conditions as he or she deems appropriate to such a prior consent.

(7)In subsection

(6)— ‘interest’ means any estate, right, title or other interest, legal or equitable and includes a licence; ‘transfer’ includes grant, demise and assign or, as appropriate, a grant, demise and an assignment.”. Conferring of additional functions on Board 34. The Act of 1976 is amended

section 9 (as amended by section 57 of the Ministers and Secretaries (Amendment) Act 2011 ) the following: “9.

(1)The majority-shareholding Minister may, with the approval of the Government, by order confer on the Board such functions, being related to the ownership, operation, maintenance and development of a gas transmission and distribution system, as the majority-shareholding Minister thinks proper and specifies in the order, and any such order may provide for the performance of the function subject to conditions specified in the order and may contain such incidental and supplementary provisions as the majority-shareholding Minister thinks necessary or expedient for giving full effect to the order.

(2)The majority-shareholding Minister may, with the approval of the Government, revoke or amend an order under this section (including an order under this subsection).

(3)When an order under this section is proposed to be made by the majority-shareholding Minister, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.”. Directions as to profits and financial objectives of Board 35. The Act of 1976 is amended

section 11 (inserted by section 15 of the Act of 2002) the following: “11.

(1)(

a)The majority-shareholding Minister (with, where the majority- shareholding Minister is not the Minister for Finance, the approval of the Minister for Finance) having consulted with the Minister, the Minister for Public Expenditure and Reform and any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted may, from time to time, give the Board such general directives concerning the financial objectives of the Board as he or she considers appropriate. (
b)The majority-shareholding Minister (with, where the majority-shareholding Minister is not the Minister for Finance, the approval of the Minister for Finance) having consulted with the Minister, the Minister for Public Expenditure and Reform and any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted may, from time to time, direct that the profits of the Board in a year specified in the direction shall be applied in such manner (including application for the benefit of the Exchequer) as is specified in the direction.

(2)In performing its functions the Board shall— (

a)comply with any direction under this section, and (
b)have regard to any directive under this section concerning its financial objectives.”. Accounts and audits 36. The Act of 1976 is amended

section 15 (as amended by section 15 of the Water Services Act 2013 ) the following: “15.

(1)The Board shall keep in such form as may be approved by the majority-shareholding Minister (with, where the majority-shareholding Minister is not the Minister for Finance, the approval of the Minister for Finance) having consulted with the Minister, the Minister for Public Expenditure and Reform and any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted all proper and usual accounts of all moneys received or expended by it.

(2)Accounts kept in pursuance of this section shall be submitted for audit by the Board to an auditor appointed by the Board with the approval of the majority-shareholding Minister to audit the accounts which, when so audited, shall be presented by the Board to the majority- shareholding Minister who shall cause copies thereof to be laid before both Houses of the Oireachtas.

(3)The fees of an auditor duly appointed by the Board under this section shall be paid by the Board out of moneys at its disposal.

(4)The Board shall, if so required by the majority-shareholding Minister, furnish the majority-shareholding Minister with such information as he or she may require regarding any account submitted by the Board under this section.”. Staff of Board 37. The Act of 1976 is amended

section 16 the following: “16.

(1)The Board shall appoint such and so many persons to be officers and servants of the Board as the Board from time to time thinks proper.

(2)An officer or servant of the Board shall hold his or her office or employment on such terms and conditions as the Board from time to time determines.

(3)There shall be paid by the Board to its officers and servants such remuneration and allowances for expenses as the Board thinks fit, subject to, in the case of its chief officer (whether that officer is described as the Chief Officer or otherwise), the approval of the majority-shareholding Minister given (where the majority-shareholding Minister is not the Minister for Finance, with the approval of the Minister for Finance) having consulted with the Minister, the Minister for Public Expenditure and Reform and any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted.

(4)In determining the remuneration or allowances for expenses to be paid to its officers or servants or the terms or conditions subject to which such officers or servants hold or are to hold their employment, the Board shall have regard either to Government or nationally agreed guidelines which are for the time being extant, or to Government policy concerning remuneration and conditions of employment which is so extant, and, in addition to the foregoing, the Board shall comply with any directives with regard to such remuneration, allowances, terms or conditions which the majority-shareholding Minister may give from time to time to the Board (where, the majority-shareholding Minister is not the Minister for Finance, with the approval of the Minister for Finance) having consulted with the Minister, the Minister for Public Expenditure and Reform and any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted.”. Amendment of section 18 of Act of 1976 — Superannuation of officers and servants of Board 38. Section 18 of the Act of 1976 is amended— (a) subject to paragraph (b), by substituting “majority-shareholding Minister” for “Minister” in each place that it occurs, (b) in subsections

(3)and

(4), by substituting “having consulted with the Minister for Public Expenditure and Reform” for “with the concurrence of the Minister for the Public Service” in each place where it occurs, (c)

subsection

(6)the following: “

(6)If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the majority-shareholding Minister who shall, having consulted with the Minister for Public Expenditure and Reform, decide on the matter and this decision shall be final.”, and (d)

subsection (7A) (inserted by section 4 of the Act of 1987) the following: “(7A) In this section— ‘officers or servants of the Board’ and ‘officer or servant of the Board’ each includes the following: (

a)persons who are, or were at any time, an officer or servant of the Dublin Gas Company, a company that is, or was at any time, a subsidiary (within the meaning of the Companies Act 1963 ) of the Dublin Gas Company or a company whose assets are acquired at any time by the Board; (
b)persons who are employees of Gaslink Independent System Operator Ltd., being the company formed pursuant to Regulation 5 of the European Communities (Internal Market in Natural Gas) (BGÉ) Regulations 2005 ( S.I. No. 760 of 2005 ); (
c)persons who are at any time prior to the disposal date in relation to an energy company (each within the meaning of the Gas Regulation Act 2013) employees of that energy company; and (
d)persons who are employees of the network company (within the meaning of the Gas Regulation Act 2013), ‘on retirement or death’ includes in respect of retirement or death, and ‘on the resignation, retirement or death’ includes in respect of the resignation, retirement or death.”. Board’s capital commitments 39. The Act of 1976 is amended

section 21 (as amended by section 23

(1)(c) of the Act of 2002) the following: “21.

(1)The Board shall not, without the consent of the majority-shareholding Minister given (where the majority-shareholding Minister is not the Minister for Finance, with the approval of the Minister for Finance) having consulted with the Minister, the Minister for Public Expenditure and Reform and any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted enter into a capital commitment the amount of which exceeds an amount specified for the time being for the purpose of this section and relating to the commitment.

(2)The majority-shareholding Minister may from time to time (with, where the majority-shareholding Minister is not the Minister for Finance, the approval of the Minister for Finance) having consulted with the Minister, the Minister for Public Expenditure and Reform and any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted, specify amounts for the purposes of this section and such an amount may be so specified in relation to capital commitments generally or in relation to capital commitments of a particular class or description.

(3)Notwithstanding the generality of subsection

(1)and for the avoidance of doubt, the Board shall not construct a pipeline without the prior consent of the majority-shareholding Minister given (where the majority-shareholding Minister is not the Minister for Finance, with the approval of the Minister for Finance) having consulted with the Minister, the Minister for Public Expenditure and Reform and any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted.

(4)The majority-shareholding Minister may, by notice in writing delivered to the Board, declare that subsection

(3)shall not apply to the construction of pipelines or specified pipelines or classes of pipelines in a specified area and, whenever a notice under this subsection is in force, subsection

(3)shall not apply in relation to the construction of pipelines, or those pipelines or classes of pipelines specified in the notice, in the area specified in the notice.

(5)In determining whether or not to give consent for the construction of a pipeline the majority-shareholding Minister shall have regard to— (

a)requirements of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 20095 , (
b)whether the construction of the pipeline has been approved by the Commission, and (
c)the energy policy objectives which the construction of the proposed pipeline is intended to achieve.

(6)Where the majority-shareholding Minister proposes to refuse his or her consent under this section for the construction of a pipeline, he or she shall consult the Minister, the Commission and the Board and where the majority-shareholding Minister refuses consent, he or she shall provide reasons for the refusal.”. Amendment of First Schedule to Act of 1976 40. The First Schedule to the Act of 1976 is amended— (a)

Article 2(inserted by section 6 of the Act of 1987) the following: “2.

The Board shall consist of a chairman and such number of other members, not being more than 8, as the majority-shareholding Minister may determine. 2A. A person may not be appointed or act as a member of the Board if he or she is a director or an officer of a company or other body corporate which engages, within or outside the State, in— (a) the supply of natural gas, (b) the shipping of natural gas, (c) the production of natural gas, (d) the supply of electricity, or (e) the generation of electricity.”, (b)

Article 4the following: “4.

(1)The majority-shareholding Minister shall, with the approval of the Government, from time to time as occasion requires appoint a member of the Board to be chairman thereof.

(2)The chairman of the Board shall, unless he sooner dies, resigns the office of chairman or ceases to be chairman under paragraph

(4)of this Article, hold office until the expiration of his period of office as a member of the Board.

(3)The chairman of the Board may at any time resign his office as chairman by letter sent to the majority-shareholding Minister, and the resignation shall, unless it is previously withdrawn in writing, take effect at the commencement of the meeting of the Board held next after the Board has been informed by the majority-shareholding Minister of the resignation.

(4)Where the chairman of the Board ceases during his term of office as chairman to be a member of the Board, he shall also then cease to be chairman of the Board.”, (c)

Article 5the following: “5.

Each member of the Board shall be appointed by the majority-shareholding Minister with the approval of the Government and the majority-shareholding Minister when making the appointment shall fix such member’s term of office which shall not exceed five years and, subject to the foregoing and to Articles 7 and 9

(2)of this Schedule, such member shall hold office on such terms and conditions as the majority-shareholding Minister, having consulted with the Minister for Public Expenditure and Reform, determines.”, (d)

Article 6the following: “6.

A member of the Board shall be paid by the Board out of moneys at its disposal such remuneration (if any) and allowances for expenses as the majority-shareholding Minister, having consulted with the Minister for Public Expenditure and Reform, determines.”, (e)

Article 7the following: “7.

The majority-shareholding Minister may, having consulted with the Minister for Public Expenditure and Reform, remove from office any member of the Board who has become incapable through ill-health of effectively performing his duties, or who has committed stated misbehaviour, or whose removal appears to the majority-shareholding Minister to be necessary for the effective performance by the Board of its functions.”, (f) in Articles 8, 11 and 13, by substituting “majority-shareholding Minister” for “Minister” in each place where it occurs, and (g)

Article 25the following: “25.

(1)The majority-shareholding Minister may, having consulted with the Minister for Public Expenditure and Reform, make a scheme for the granting of pensions, gratuities or other allowances to or in respect of the chairman and other members of the Board, being members whose duties as such are wholetime, ceasing to hold office, other than persons in respect of whom an award under the Superannuation Acts 1834 to 1963 may be made.

(2)A scheme under this Article may provide that the termination of the appointment of the chairman or of a member of the Board during that person’s term of office shall not preclude the award to him under the scheme of a pension, gratuity or other allowance.

(3)The majority-shareholding Minister may, having consulted with the Minister for Public Expenditure and Reform, amend a scheme made by him under this Article.

(4)If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this Article, such dispute shall be submitted to the majority-shareholding Minister who shall, having consulted with the Minister for Public Expenditure and Reform, decide on the matter and this decision shall be final.

(5)A scheme made under this Article shall be carried out by the Board in accordance with its terms.

(6)Every scheme made by the majority-shareholding Minister under this Article shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(7)Where an established civil servant is definitively transferred to the Board as a member thereof, the superannuation benefits to be granted to him shall, if the majority-shareholding Minister, having consulted with the Minister for Public Expenditure and Reform, in his discretion so directs, be calculated in accordance with the provisions of the Superannuation Acts 1834 to 1963 as if, during the period of his service as a wholetime member of the Board subsequent to his transfer, he had been an established civil servant and had been paid during that period out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act 1859 .”. PART 5 Miscellaneous Transfer of certain capital stock issued by BGÉ under section 7B

(2)of the Act of 1976 41. On the date on which the Government first appoints a Minister of the Government to be the majority-shareholding Minister by order under section 7B

(2)(

e)of the Act of 1976— (
a)any capital stock referred to in section 7B

(2)(c) of the Act of 1976 that has been issued to the Minister for Public Expenditure and Reform or which stands transferred to that Minister pursuant to section 16

(4)of the Ministers and Secretaries (Amendment) Act 2011 stands transferred to the majority-shareholding Minister, and (b) half of any capital stock referred to in section 7B

(2)(b) of the Act of 1976 that has been issued to the Minister stands transferred to the Minister for Public Expenditure and Reform. Functions of majority-shareholding Minister in relation to network company 42. A reference in section 6 , 7 or 10

(5)(a) to the Minister shall, from the date on which the Government first appoints a Minister of the Government to be the majority-shareholding Minister by order pursuant to section 7B

(2)(e) of the Act of 1976, be construed as a reference to the majority-shareholding Minister. Amendment of section 2 of Act of 1987 43. The Act of 1987 is amended

section 2 (as amended by section 23 of the Act of 2002) the following: “2.

(1)The Commission may by order confer, or may refuse to confer, on one or more persons, including the Board— (

a)functions corresponding to the functions, or such of them as the Commission considers appropriate, that are conferred on the Company by the Alliance and Dublin Gas Acts 1866 to 1909, in relation to the transmission and distribution of gas and the provision, maintenance, repair and replacement for those purposes of pipelines and the sale, hire, leasing, provision by means of hire-purchase or credit-sale, installation, repair and maintenance of gas appliances, (
b)any functions that, in the opinion of the Commission are incidental or ancillary to any functions conferred on the Board or the relevant person under paragraph (
a)or that, in the opinion of the Commission, are requisite or advantageous to, or facilitate, the performance by the Board of any such functions, and (
c)any functions that, in the opinion of the Commission, are necessary or expedient for ensuring that, in the performance by the Board or the relevant person of the functions conferred on it under paragraphs (
a)and (b), the safety of the public and property is, as far as is practicable, secured.

(2)Without prejudice to the generality of paragraph (c) of subsection

(1), an order under that subsection may confer on the Board or the relevant person, and members of the staff of the Board or the relevant person, duly authorised by the Board or the relevant person in that behalf, power to enter and inspect any premises and there to take such measures as they consider appropriate (including the evacuation of persons found on those premises) for the purpose of ensuring that, in the performance by the Board or the relevant person of functions conferred under paragraphs (a) and (b) of subsection

(1), the safety of the public and property is, as far as is practicable, secured.

(3)An order under subsection

(1)may make provision for such incidental or ancillary matters as the Commission considers necessary or expedient and may include a provision that obstruction of, or interference with, the Board or the relevant person or members of staff in the performance of functions under this section, or failure, or refusal to comply with directions given by the Board or the relevant person or members of staff in the performance of functions under subsection

(1)(c) shall be offences punishable on summary conviction by such penalties specified in the order as the court may impose.

(4)Functions conferred on the Board or the relevant person by an order under subsection

(1)may be performed only in such areas as may be specified in the order and such an order may confer on the Board or the relevant person different functions in relation to different areas.

(5)Without prejudice to the generality of subsection

(1), the Commission may refuse to make an order under that subsection conferring functions in relation to the provision of pipelines in a particular area where it determines that the capacity of existing or proposed distribution or transmission pipelines in that area provided or proposed to be provided by any person, including the Board, who is subject to an existing order under that subsection in relation to that area, represents adequate provision for reasonable expectation of demand.

(6)(

a)Subject to paragraph (
b)and notwithstanding subsection

(1), section 39A

(1)of the Principal Act shall apply to the construction of a pipeline pursuant to and in accordance with a function conferred on the Board or the relevant person under this section as it applies to the construction of a pipeline pursuant to and in accordance with a function conferred on the Board or the relevant person by that Act. (b) The Commission may by notice in writing delivered to the Board or the relevant person declare that the said section 39A

(1)shall not apply to the construction pursuant to and in accordance with a function conferred on the Board or the relevant person under subsection

(1)of pipelines or specified pipelines or classes of pipelines in an area in which functions conferred by an order under subsection

(1)may be performed, or a specified part of that area and, whenever a notice under this paragraph is in force, the said section 39A

(1)shall not apply in relation to the construction of pipelines, or those pipelines or classes of pipelines specified in the notice, in the area specified in the notice. (

c)The Commission may specify in a notice under paragraph (
b)such conditions (if any) as it thinks desirable in relation to the construction, maintenance, repair or replacement of the pipelines or classes of pipelines to which the notice relates and the Board or the relevant person shall comply with any conditions so specified. (
d)The Commission may, by notice in writing delivered to the Board or the relevant person, amend or revoke a notice under this subsection (including a notice under this paragraph).

(7)(

a)The Commission may, from time to time, examine charges, and the costs underlying such charges, or any proposals to alter such charges, for natural gas supplied to customers by the holder of a supply licence granted under section 16 of the Gas (Interim) (Regulation) Act 2002 . (
b)Where it considers it necessary following an examination under paragraph (a), the Commission shall issue a direction to the holder of a supply licence granted under section 16 of the Gas (Interim) (Regulation) Act 2002 in relation to either or both the nature and the amount of any charge or proposed charge referred to in that paragraph and the holder of the supply licence shall comply with such a direction.

(8)The Commission may, by order under this subsection, revoke or amend an order under this section (including an order under this subsection).

(9)An order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”. Amendment of section 17 of Gas (Amendment) Act 2000 44. Section 17 of the Gas (Amendment) Act 2000 is amended

subsection

(1)the following: “

(1)The Board may, with the approval of the majority-shareholding Minister given with the consent of the Minister for Public Expenditure and Reform, engage in any business activity, either alone or in conjunction with other persons, and either within or outside the State, that it considers to be advantageous to the Board save where to do so would contravene Directive 2009/73/EC of the European Parliament and of the Council of 13 July 20096 .”. Amendment of section 16 of the Gas (Interim) (Regulation) Act 2002 45. Section 16 of the Gas (Interim) (Regulation) Act 2002 is amended in subsections

(14)(a),

(15),

(16)(b) and

(17)(b) by substituting “section 8

(6)” for “section 8

(7)” in each place where it occurs. Amendment of section 16 of the Water Services Act 2013 46. The Water Services Act 2013 is amended

section 16 the following: “16.

(1)The subsidiary shall not, without the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, enter into a capital commitment the amount of which exceeds an amount specified for the time being for the purpose of this section and relating to the commitment.

(2)The Minister may from time to time, with the approval of the Minister for Public Expenditure and Reform, specify amounts for the purposes of this section and such an amount may be so specified in relation to capital commitments generally or in relation to capital commitments of a particular class or description.”. Further amendment of Water Services Act 2013 47. Part 2 of the Water Services Act 2013 is amended by inserting the following section after section 18: “Superannuation 18A.

(1)As soon as may be after the coming into operation of this section, the subsidiary shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of members of staff of the subsidiary.

(2)Every such scheme shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3)The subsidiary may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.

(4)A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by the subsidiary in accordance with its terms.

(5)Every scheme made under this section shall make provision for appeals.

(6)A superannuation benefit shall not be granted by the subsidiary to or in respect of any of its staff who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform.

(7)The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which that House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.

(8)In this section ‘superannuation benefit’ means a pension, gratuity or other allowance payable on resignation, retirement or death.”. SCHEDULE 1 Transfer of Assets, Licences, Rights and Liabilities of BGÉ, and of Gaslink, to Network Company Section 16 (a). Transfer of ownership of certain assets and licences of BGÉ, and of Gaslink, to network company 1.

(1)The ownership of those assets and licences of BGÉ, and of Gaslink, specified in the network transfer plan approved by the Minister under section14 is, by virtue of this paragraph, vested in the network company without the need for any conveyance, transfer, assignment or assurance.

(2)All legal proceedings relating to the assets and licences referred to in subparagraph

(1)begun before the network transfer date by or against BGÉ or by or against Gaslink and pending immediately before that date are taken to be legal proceedings pending by or against the network company.

(3)Any act, matter or thing done or omitted to be done in relation to the assets and licences referred to in subparagraph

(1)before the network transfer date by, to, or in respect of, BGÉ or Gaslink is (to the extent that that act, matter or thing has any effect) taken to have been done, or omitted to be done, by, to, or in respect of, the network company. Transfer of certain rights and liabilities of BGÉ, and of Gaslink, to network company 2.

(1)The rights and liabilities of BGÉ, and of Gaslink, specified in the transfer plan approved by the Minister under section 14 become the rights and liabilities of the network company.

(2)All legal proceedings relating to the rights or liabilities referred to in subparagraph

(1)begun before the transfer date by or against BGÉ or by or against Gaslink and pending immediately before that date are taken to be legal proceedings pending by or against the network company.

(3)Any act, matter or thing done or omitted to be done in relation to the rights or liabilities referred to in subparagraph

(1)before the transfer date by, to, or in respect of, BGÉ or Gaslink is (to the extent that that act, matter or thing has any effect) taken to have been done, or omitted to be done, by, to, or in respect of, the network company.

(4)A reference in any Act, statutory instrument or other document to BGÉ or Gaslink, to the extent that it relates to assets, licences, rights or liabilities that are vested in, or transferred to, the network company by the operation of section 16 and this Schedule, is to be read as, or as including, a reference to the network company. Change of ownership of asset not to be regarded as giving rise to remedy

Change in the legal or beneficial ownership of any asset, licence, right or liability because of the operation of this Act and this Schedule becomes binding on all persons even if, apart from this Act, the consent or concurrence of any other person would have been required. Such a change is not to be regarded as giving rise to any right or remedy by a party to any document. No attornment required in respect of certain leased land
If BGÉ or Gaslink is the lessor under any lease of land that becomes vested in the network company by virtue of this Schedule, the lessee is not required to attorn to the network company. Stamp duty not chargeable
Stamp duty under the Stamp Duties Consolidation Act 1999 is not chargeable in respect of the vesting or transfer of any asset, licence, right or liability by virtue of this Schedule. SCHEDULE 2 Transfer of Certain Employees of BGÉ, and of Gaslink, to Network Company Section 16 (b). Certain BGÉ employees and Gaslink employees transferred to network company on transfer date
The employment of those employees of BGÉ, and of Gaslink, who are specified in a transfer plan approved by the Minister under section 14 is transferred to the network company by virtue of this Schedule. This Schedule not to affect certain matters relating to staff members 2.

(1)Subject to this Schedule, each person whose employment is transferred in accordance with paragraph 1 is employed by the network company on terms and conditions no less favourable to that person than those on which the person was employed by BGÉ or by Gaslink immediately before the transfer date.

(2)Nothing in this Schedule has the effect of breaking a person’s contract of employment or continuity of employment for the purpose of applying to the person any other law relating to employment that would, apart from this Schedule, apply to the person. In particular, this Schedule does not affect a person’s accrued rights that the person had immediately before the transfer date in respect of any kind of leave. Variation of terms and conditions of transferred employees 3.

(1)It is a term of employment of each transferred employee that the terms and conditions of that employment may be varied to the extent to which, and in the manner in which, the terms and conditions of the employee’s employment could, immediately before the transfer date, be lawfully varied.

(2)Nothing in this Schedule prevents the terms and conditions of a transferred employee’s employment after the transfer date from being varied— (

a)in accordance with those terms and conditions, or (
b)by or under an applicable law or agreement.

(3)In this paragraph— “terms and conditions” includes a term existing because of subparagraph

(1); “vary”, in relation to terms and conditions, includes vary by— (

a)omitting any of those terms and conditions, (
b)adding to those terms and conditions, or (
c)substituting new terms or conditions for any of the first-mentioned terms and conditions. Superannuation arrangements 4. An officer or servant of BGÉ whose employment is transferred to the network company and who was immediately before the transfer, a member of a superannuation scheme established under section 18 of the Gas Act 1976 for officers or servants of BGÉ, is entitled to continue to be a member of the scheme in accordance with its terms as are in force from time to time. SCHEDULE 3 Transfer of Assets, Licences, Rights and Liabilities to Energy Company Section 26 (a). Transfer of ownership of certain assets and licences to energy company 1.

(1)The ownership of those assets and licences specified in the transfer plan approved by the Minister under section 24 is, by virtue of this paragraph, vested in the energy company without the need for any conveyance, transfer, assignment or assurance.

(2)All legal proceedings relating to the assets and licences referred to in subparagraph

(1)begun before the transfer date by or against BGÉ, a subsidiary of BGÉ or both and pending immediately before that date (save those expressly excluded in the transfer plan) are taken to be legal proceedings pending by or against the energy company. Transfer of certain rights and liabilities to energy company 2.

(1)The rights and liabilities specified in the transfer plan approved by the Minister under section 24 become the rights and liabilities of the energy company.

(2)All legal proceedings relating to the rights or liabilities referred to in subparagraph

(1)begun before the transfer date by or against BGÉ, a subsidiary of BGÉ or both and pending immediately before that date (save those expressly excluded in the transfer plan) are taken to be legal proceedings pending by or against the energy company. Change of ownership of asset not to be regarded as giving rise to remedy

Change in the legal or beneficial ownership of any asset, licence, right or liability because of the operation of this Act and this Schedule becomes binding on all persons even if, apart from this Act, the consent or concurrence of any other person would have been required. Such a change is not to be regarded as giving rise to any right or remedy by a party to any document. No provision of any contract shall operate or become exercisable or be contravened by reason of the enactment or operation of this Act. No attornment required in respect of certain leased land
If BGÉ or a subsidiary of BGÉ is the lessor under any lease of land that becomes vested in an energy company by virtue of this Schedule, the lessee is not required to attorn to the energy company. Stamp duty not chargeable
Stamp duty under the Stamp Duties Consolidation Act 1999 is not chargeable in respect of the vesting or transfer of any asset, licence, right or liability by virtue of this Schedule. SCHEDULE 4 Transfer of Certain Employees to Energy Company Section 26 (b).
The employment of those employees who are specified in a transfer plan approved by the Minister under section 24 is transferred to the energy company by virtue of this Schedule. This Schedule not to affect certain matters relating to staff members 2.

(1)Subject to this Schedule, each person whose employment is transferred in accordance with paragraph 1 is employed by the energy company on terms and conditions no less favourable to that person than those on which the person was employed immediately before the transfer date.

(2)Nothing in this Schedule prevents the terms and conditions of a transferred employee’s employment after the transfer date from being varied— (

a)in accordance with those terms and conditions, or (
b)by or under an applicable law or agreement.

(3)In this paragraph— “terms and conditions” includes a term existing because of subparagraph

(1); “vary”, in relation to terms and conditions, includes vary by— (

a)omitting any of those terms and conditions, (
b)adding to those terms and conditions, or (
c)substituting new terms or conditions for any of the first-mentioned terms and conditions. Superannuation arrangements 4. An officer or servant of BGÉ whose employment is transferred to an energy company and who was immediately before the transfer, a member of a superannuation scheme established under section 18 of the Gas Act 1976 for officers or servants of BGÉ, is entitled to continue to be a member of the scheme in accordance with its terms as in force from time to time, until the disposal date in relation to the energy company. 1 OJ No. L 211, 14.8.2009, p. 94. 2 OJ No. L 211, 14.8.2009, p. 94. 3 OJ No. L 211, 14.8.2009, p. 94. 4 OJ No. L 211, 14.8.2009, p. 94. 5 OJ No. L 211, 14.8.2009, p. 94. 6 OJ No. L 211, 14.8.2009, p. 94. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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