Gas Regulation Act, 1957
What is this act about?
This law allows for the regulation of gas charges, primarily by setting maximum prices for gas, and removes previous limits on contributions by gas providers to a gas fund. It also addresses other related matters concerning gas supply and distribution.
Who it applies to: Gas undertakers, specifically those listed as "scheduled undertakers."; The Minister for Industry and Commerce.
At a glance
- Country
- Ireland
- Area of law
- Energy and network industries
- Articles
- 20
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The establishment and functions of Gas Charges Advisory Committees.
- The fixing of maximum charges for gas by gas undertakers.
- Government declarations of a state of emergency affecting gas supply or distribution.
- Penalties for offenses related to the contravention of orders and disclosure of information.
Who does this act apply to?
- Gas undertakers, specifically those listed as "scheduled undertakers."
- The Minister for Industry and Commerce.
- Members of Gas Charges Advisory Committees.
What are the key points?
- The Minister can establish Gas Charges Advisory Committees to investigate and report on gas charges.
- Maximum gas charges can be fixed by the Minister if an Advisory Committee reports that charges are unduly high due to causes within the undertakers' control or undue labour costs.
- The Government can declare a state of emergency affecting gas supply or distribution for periods not exceeding six months, which can be continued by further orders.
- During a declared state of emergency, the Minister can fix maximum gas charges for all or specific gas undertakers.
- Unauthorised disclosure of information from private Advisory Committee meetings is an offence.
- Contravention of orders made under this Act is an offence, punishable by a fine not exceeding one hundred pounds or imprisonment not exceeding twelve months, or both.
Energy and network industries
Legal text
Legal text
Gas Regulation Act, 1957 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 Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1957 Gas Regulation Act, 1957 Gas Regulation Act, 1957 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 Print Full ActPriontáil an tAcht Iomlán Number 26 of 1957.
GAS REGULATION ACT, 1957.
ARRANGEMENT OF SECTIONS Section
Section 1
Definitions.
Section 2
Constitution of Gas Charges Advisory Committees.
Section 3
Functions of Advisory Committee.
Section 4
Dissolution of Advisory Committee.
Section 5
Notice of constitution of Advisory Committee.
Section 6
Fixing of maximum charges consequential on report of Advisory Committee.
Section 7
Declaration by Government of existence of state of emergency affecting supply or distribution of gas.
Section 8
Fixing of maximum charges consequential on declaration of state of emergency.
Section 9
Provisions in relation to orders made by Minister.
Section 10
Prohibition on disclosure of information.
Section 11
Contravention of orders.
Section 12
Penalties for offences.
Section 13
Offences in relation to bodies corporate and unincorporated bodies.
Section 14
Prosecution of offences.
Section 15
Removal of limit on contributions to gas fund by gas undertakers.
Section 16
Cesser of certain existing restrictions and requirements.
Section 17
Laying of orders before Houses of the Oireachtas.
Section 18
Expenses.
Section 19
Saver.
Section 20
Short title and commencement.
FIRST SCHEDULE.
The Scheduled Gas Undertakers SECOND SCHEDULE.
Gas Charges Advisory Committees Act Referred to Gas Regulation Act, 1928 No. 24 of 1928 Number 26 of 1957.
GAS REGULATION ACT, 1957.
AN ACT TO PROVIDE FOR FIXING MAXIMUM CHARGES FOR GAS, TO REMOVE THE LIMIT ON CONTRIBUTIONS BY GAS UNDERTAKERS TO THE GAS FUND AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [17th December, 1957.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions.
1.—In this Act— “the Act of 1920” means the Gas Regulation Act, 1920 ; “the Act of 1928” means the Gas Regulation Act, 1928 (No. 24 of 1928); “Advisory Committee” means a Gas Charges Advisory Committee constituted under section 2 of this Act; “gas undertakers” has the same meaning as in the Act of 1920, as amended by section 3 of the Act of 1928; “the Minister” means the Minister for Industry and Commerce; “the scheduled undertakers” means the gas undertakers specified in the First Schedule to this Act.
Constitution of Gas Charges Advisory Committees.
2.—(1) The Minister may from time to time by warrant under his hand constitute a body of persons which shall be called a Gas Charges Advisory Committee and is in this Act referred to as an Advisory Committee.
Functions of Advisory Committee.
3.—(1) The functions of an Advisory Committee shall be to enquire into, and report to the Minister upon, charges made for gas by such one or more of the scheduled undertakers as may be specified in the warrant constituting it.
Dissolution of Advisory Committee.
4.—(1) Where the warrant constituting an Advisory Committee provides for the date of its dissolution, it shall stand dissolved on that date unless it has prior thereto furnished its report to the Minister, in which case it shall stand dissolved immediately after furnishing its report.
Notice of constitution of Advisory Committee.
5.—Where the Minister constitutes an Advisory Committee, he shall cause to be published, in such manner as he thinks fit, notice of its constitution and of the matters into which it is to enquire.
Fixing of maximum charges consequential on report of Advisory Committee.
6.—Where the Minister, having considered a report of an Advisory Committee, is of opinion that the charges made for gas by any of the scheduled undertakers specified in the warrant constituting that Committee are excessive owing to causes within the control of those undertakers or to undue labour costs, the Minister may by order fix the maximum charges which may be made for gas by those undertakers.
Declaration by Government of existence of state of emergency affecting supply or distribution of gas.
7.—(1) Whenever and so often as the Government are of opinion that abnormal circumstances prevail or are likely to prevail in relation to the supply or distribution of gas, the Government may by order declare that a state of emergency affecting the supply or distribution of gas exists.
Fixing of maximum charges consequential on declaration of state of emergency.
8.—(1) Where there is for the time being in force an order under subsection (1) of section 7 of this Act declaring that a state of emergency affecting the supply or distribution of gas exists, the Minister may by order fix the maximum charges which may be made for gas by all or any one or more of the scheduled undertakers.
Provisions in relation to orders made by Minister.
9.—(1) An order made by the Minister under this Act may— (a) fix different maximum charges for different gas undertakers, (b) define the conditions by reference to which a maximum charge is fixed, and fix different maximum charges in relation to different conditions, (c) fix a maximum charge by specifying it or by setting out provisions by means of which it may be ascertained, (d) contain all such incidental or ancillary provisions as shall appear to the Minister to be necessary or expedient for giving full effect to any provision inserted in the order under the powers conferred on him by this Act or to secure compliance with the order.
Prohibition on disclosure of information.
10.—(1) No person shall disclose information available to him through being present at a meeting of an Advisory Committee held in private.
Contravention of orders.
11.—If any person contravenes, whether by act or omission, a provision of an order made under this Act, he shall be guilty of an offence.
Penalties for offences.
12.—Every person who commits an offence under this Act shall on summary conviction thereof be liable to a fine not exceeding one hundred pounds (together with, in the case of a continuing offence, a fine not exceeding ten pounds for every day on which the offence is continued) or, at the discretion of the Court, imprisonment for a term not exceeding twelve months or both such fine and such imprisonment.
Offences in relation to bodies corporate and unincorporated bodies.
13.—Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any person, being a director, member of the committee of management or other controlling authority thereof, or manager, secretary or other officer thereof, that person shall also be deemed to have committed an offence and shall be liable to be proceeded against and punished accordingly.
Prosecution of offences.
14.—(1) Proceedings in relation to an offence under this Act may be brought and prosecuted by the Minister.
Removal of limit on contributions to gas fund by gas undertakers.
15.—Subsection (3) of section 7 of the Act of 1920, as amended by paragraph (c) of subsection (1) of section 12 of the Act of 1928, is hereby further amended by the deletion of “not being at the rate of more than three shillings for each million cubic feet of gas sold by them in the preceding year.”
Cesser of certain existing restrictions and requirements.
16.—(1) Any provision of any Act passed before the passing of this Act or of any order made under any such Act shall cease to have effect in so far as it purports— (a) to fix the maximum or standard charges which may be made for gas by gas undertakers, or (b) to permit gas undertakers to increase or reduce the charges made by them above or below standard charges subject to a reduction or increase in the rate of dividend payable by the undertakers, or (c) to limit the rate of dividend which may be paid by gas undertakers, or (d) to require gas undertakers to establish or maintain a fund from undistributed profits which is capable of being used for the payment of dividends on the share capital of the undertakers.
Laying of orders before Houses of the Oireachtas.
17.—Every order made by the Government or the Minister under this Act 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 House within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Expenses.
18.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Saver.
19.—Nothing in this Act shall operate to relieve any gas undertakers from paying contributions under section 7 of the Act of 1920, as amended by section 12 of the Act of 1928.
Short title and commencement.
20.—(1) This Act may be cited as the Gas Regulation Act, 1957.
FIRST SCHEDULE.
The Scheduled Gas Undertakers.
Section 1
.
Alliance and Dublin Consumers' Gas Company.
Cobh Gas Company.
Cork Gas Consumers' Company.
Dundalk Gas Company.
Galway Gaslight Company, Limited.
Kilkenny Gas Lessees, Limited.
City of Waterford Gas Company.
Wexford Gas Consumers' Company, Limited.
SECOND SCHEDULE.
Gas Charges Advisory Committees.
Section 2
.
The Panel.
Membership of Advisory Committee.
Chairman of Advisory Committee.
Resignation of or removal from office of member of Advisory Committee.
Casual vacancies.
Remuneration and expenses of members of Advisory Committee.
Declaration of interest by member of Advisory Committee.
Officers and servants of Advisory Committee.
Appointment of person to assist Advisory Committee.
Procedure at meetings of Advisory Committee.
Power of chairman of Advisory Committee to summon witnesses, etc.
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