No. 15/1940:

GAS REGULATION (SPECIAL ORDERS) RULES, 1940.

GAS REGULATION (SPECIAL ORDERS) RULES, 1940.

WHEREAS it is enacted by sub-section (1) of Section 16 of the Gas Regulation Act, 1920, as adapted by or under subsequent enactments, that the Minister for Industry and Commerce may make rules in relation to applications and other proceedings under the said Act and to the payments to be made in respect thereof, and to the publication and service of notices and the publication of advertisements, and the manner in which and the time within which representations or objections with reference to any application or other proceeding are to be made, and to the holding of inquiries in such cases as he may think it advisable and to the costs of such inquiries, and to any other matters arising in relation to his powers and duties under the said Act:

NOW, the Minister for Industry and Commerce, in exercise of the powers conferred on him by Section 16 of the Gas Regulation Act, 1920 as adapted by or under subsequent enactments, and of every and any other power him in this behalf enabling, hereby makes the following rules:—

1. These Rules may be cited as the Gas Regulation (Special Orders) Rules, 1940.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Rules.

3. In these Rules—

the expression "the Minister" means the Minister for Industry and Commerce,

the expression "special order" means a special order under Section 10 of the Gas Regulation Act, 1920,

the expression "the applicants" means the applicants for a special order,

the expression "the draft order" means the draft of a special order prepared by the applicants under Rule 4 of these Rules,

the expression "the relevant maps" means the map or maps prepared by the applicants under Rule 4 of these Rules,

the expression "the advertisement" means the advertisement published by the applicants under Rule 5 of these Rules,

the expression "local authority" means any council of a county, corporation or council of a county or other borough, or council of an urban district,

the word "occupier" includes the following (and no other persons), that is to say:—

(a) any person paying rates in respect of the relevant dwelling-house, and

(b) any person having an interest in the relevant dwelling-house not less than that of yearly tenant.

4. The applicants shall prepare—.

(a) a draft of the special order which they require,

(b) where the applicants desire to be authorised by such order—

(i) to use any lands for the manufacture or storage of gas or the manufacture or conversion of residual products, or

(ii) to supply gas in any area in which they are not already authorised to supply gas, an ordnance map on a scale of not less than one inch to the mile showing the situation of the proposed works and of the existing works (if any) of the applicants and the boundaries of the proposed area of supply of gas and of the area (if any) in which the applicants are already authorised to supply gas.

(c) where the applicants desire that the use of any land for the construction of works should be authorised by such order, an ordnance map on the scale of twenty-five inches to the mile showing the situation of such land.

5.—(1) As soon as conveniently may be after the preparation of the draft order, the applicants shall publish an advertisement of their intended application once in a newspaper circulating in the area to which the application relates and once in Iris Oifigiúil.

(2) The advertisement shall contain—

(a) the description and address of the applicants,

(b) a statement of the objects of the application, including a description of any proposed new area of supply, any proposed new works, and any land which it is proposed to use for the purpose of gas works,

(c) a statement of the address of the office at which and the date until which a copy of the draft order together with the relevant maps (if any) will be available for public inspection,

(d) an intimation that copies of the draft order will be on sale at the said address and of the price at which they will be on sale, and

(e) a statement to the effect of Rule 9 of these Rules and as nearly as possible in the terms of that Rule,

6.—(1) On or before the date on which the publication of the advertisement is completed, the applicants shall—

(a) send by prepaid registered post a copy of the advertisement and a copy of the draft order to—

(i) the Secretary, Department of Local Government and Public Health, Dublin,

(ii) the Secretary, Department of Posts and Telegraphs, Dublin,

(iii) the Secretary, Commissioners of Public Works, Dublin,

(iv) every local authority whose functional area is wholly or partly within the existing and any proposed area of supply of gas by the applicants,

(v) every authority, company, or person supplying or authorised to supply gas within any proposed area of supply of gas by the applicants, and

(vi) the Secretary, Electricity Supply Board, Dublin,

(b) deliver or send by prepared registered post a copy of the advertisement to—

(i) every owner, reputed owner, lessee, and occupier of every dwelling-house situate within three hundred yards of any land proposed to be used by the applicants for the construction of works, for the manufacture or storage of gas, or the manufacture of residual products, and

(ii) every owner and lessee of every railway, tramway, or canal along or across which it is proposed to lay any pipes or which it is proposed otherwise to affect or interfere with,

(c) deposit for public inspection at an office situate within the existing or proposed area of supply of gas a copy of the draft order and the relevant maps (if any), and

(d) deposit at the said office a sufficient number of copies of the draft order for sale to the public

(2) Until a date not earlier than thirty days after the date on which the publication of the advertisement is completed, the applicants shall—

(a) keep the copy of the draft order and the relevant maps (if any) deposited under this Rule open for public inspection at the office where such deposit was made,

(b) keep at the said office a sufficient number of copies of the draft order for sale to the public at a price not exceeding one shilling for each copy.

7. Within seven days after the completion of the publication of the advertisement, the applicants shall deliver or send by prepaid registered post their application in writing to the Secretary, Department of Industry and Commerce, Gas and Weights and Measures Section, Dublin, and such application shall be accompanied by—

(a) a copy of the issue of the newspaper and of the issue of Iris Oifigiúil containing the advertisement,

(b) a list of the persons, authorities, and companies (together with their addresses) to whom a copy of the advertisement and a copy of the draft order have been sent,

(c) a list of the owners, reputed owners, lessees, and occupiers (together with their addresses) to whom a copy of the advertisement has been delivered or sent,

(d) four copies of the draft order,

(e) one copy of each of the relevant maps (if any),

(f) where the applicants are a local authority and borrowing powers are sought—

(i) a statement of the amounts borrowed and authorised to be borrowed (if any) for the purposes of the gas undertaking of the applicants,

(ii) a statement showing under separate heads the purposes for which the borrowing powers are sought, and the amount required for each such purpose,

(g) where the applicants are not a local authority—

(i) a statement of the existing capital and borrowing powers (if any) showing the amounts authorised, raised, and expended, and

(ii) where capital or borrowing powers are sought, a statement showing under separate heads the purposes for which the capital or borrowing powers are sought and the amount required for each such purpose.

(h) where the applicants are a company applying for capital or borrowing powers or proposing to purchase or amalgamate with another undertaking—

(i) a copy of a resolution approving of the application passed at a general meeting of such company by shareholders or stockholders qualified to vote at ordinary meetings who were present (either in person or by proxy) at such general meeting and who held at least three-fourths of the paid up capital of such company represented by the votes at such general meeting, and

(ii) a copy of the notice convening such special meeting,

(i) a copy of the printed accounts of the gas undertaking of the applicants for the half-year or year next before the date of the application,

(j) where the applicants are a company incorporated under the Companies Acts, 1908 to 1924, a copy of the memorandum and articles of association of the company and of every registered special resolution of the company,

(k) a list of all Orders and private Acts relating to the gas undertakings of the applicants,

(l) a payment of thirty-five pounds in the form of a cheque for that amount payable to the Accountant, Department of Industry and Commerce.

8. The applicants shall, if required by the Minister so to do, prove their compliance with the foregoing of these Rules and shall attend for that purpose, if so required by the Minister, at the office of the Gas and Weights and Measures Section of the Department of Industry and Commerce, Dublin, on such day, not being less than six days, after notice thereof has been given to the applicants, as the Minister shall appoint.

9.—(1) Any local or other authority, company, or person may, on or before the date specified in that behalf in the advertisement, send by prepaid registered letter to the Secretary, Department of Industry and Commerce, Gas and Weights and Measures Section, Dublin, a written statement of their or his objection to the draft order.

(2) Every statement of objections under this Rule shall specify—

(a) the grounds of the objection, and

(b) the omissions from, additions to, or modifications in the draft order asked for by the objector.

(3) Where any objector sends a statement of objections under this Rule, such objector shall at the same time deliver or send by prepaid registered post a copy of such statement to the applicants.

10. As soon as practicable after the date on or before which objections to the draft order may be made under the immediately preceding Rule, the applicants shall—

(a) deliver or send by prepaid registered post to the Secretary, Department of Industry and Commerce, Gas and Weights and Measures Section, Dublin, their written replies to any objections to the draft order which have been made together with three copies of the draft order showing any alterations which the applicants desire should be made therein, and

(b) deliver or send by registered post to each of the objectors a copy of such of the said replies as relate to the objections of such objector.

11. Where the applicants propose to purchase or amalgamate with another undertaking, they shall furnish proof to the Minister that the purchase or amalgamation is approved of by the proprietors of the other undertaking concerned.

12. The applicants shall furnish the Minister with such information and documents as he may from time to time require in connection with their application and, in particular, where it is proposed that the use of any lands for the manufacture or storage of gas or the manufacture or conversion of residual products be authorised, the applicants shall, if required so to do, produce for inspection by the Minister the deed of conveyance to, lease to, or contract for purchase by the applicants of all lands to be so used.

13. In addition to the payment of thirty-five pounds mentioned in Rule 7 of these Rules, the applicants shall pay to the Minister any extraordinary expenses incurred by him in connection with their application whether in relation to any inquiry which may be held or otherwise.

14. The Gas Regulation Act (Special Orders) Rules, 1920, are hereby revoked.

Given under the Official Seal of the Minister for Industry and Commerce this 23rd day of January, 1940.

(Signed) R. C. FERGUSON,

Secretary,

Department of Industry and Commerce.