STATUTORY INSTRUMENTS.

S.I. No. 196 of 2003 .

GAS (AMENDMENT) ACT 1987 (SECTION 2) (DISTRIBUTION) ORDER 2003.

S.I. No. 196 of 2003 .

GAS (AMENDMENT) ACT 1987 (SECTION 2) (DISTRIBUTION) ORDER 2003.

The Commission for Energy Regulation considering it appropriate that functions corresponding to certain functions of the Dublin Gas Company be conferred on the Irish Gas Board and, in respect of each of certain other functions, being of the appropriate opinion as specified in paragraph (b) or (c) of section 2(1) of No. 9 of 1987 ), hereby, in exercise of the powers conferred on it by the said section 2(1), order as follows:

Citation.

1.  This Order may be cited as the Gas (Amendment) Act 1987 (Section 2) (Distribution) Order 2003.

Commencement.

2.  This Order shall come into operation on the 20th day of May 2003.

Interpretation.

3.  (1)  In this Order, unless the context otherwise requires--

“the Act of 1976” means No. 30 of 1976 );

“the Act of 1987” means No. 9 of 1987 );

“the Act of 2002” means the Gas (Interim) (Regulation) Act 2002 ( No. 10 of 2002 );

“authorised distributor” means any person other than the Board in respect of which an order has been made under Section 2(1) of the Act of 1987 conferring functions in relation to gas distribution in a relevant area;

“the Board” has the same meaning as it has in the Act of 1976.

other thing which is ancillary to such a pipeline including a gas meter;

“public holiday” shall be construed in accordance with the Schedule to No. 20 of 1997 );

“regulatory requirements” means any applicable provisions of the Gas Acts 1976-2002, any secondary legislation made thereunder, any licence granted to the Board pursuant to any such legislation, any code of operations to which the Board is subject (whether its own or that of another holder of a licence under Section 16(1) of the Act of 2002), any obligation, direction or requirement (howsoever designated) imposed on or given to the Board pursuant to any such legislation, licence or code and any requirements of the Commission pursuant to this Order;

“relevant area”, in relation to a function, means any area specified in the first column of the Schedule to this Order in respect of which a reference to the function is specified in the second column of that Schedule opposite the area so specified;

“road” includes a street, pathway, verge, or bridge;

“road authority” means the council of a county, the corporation of a county or other borough, or the council of an urban district;

“supplier” means a person which supplies or sells gas to any person within a relevant area pursuant to an order made under Section 2(1) of the Act of 1987 or a supply licence (including pursuant to a supplier of last resort direction as defined in such supply licence);

“supply licence” means a licence granted by the Commission under Section 16(1)(a) of the Act of 2002;

any gas connection or any group of related gas connections pursuant to the Board's functions under this Order which meet such criteria as may be notified in writing by the Commission to the Board from time to time (in this Article referred to as “relevant gas connection(s)”).

(3)  A gas connection notification must contain the following information:

(a)  the name and address of the party or parties who require the relevant gas connection(s);

(b)  the approximate number and type of the relevant gas connection(s);

(c)  the location and distance of each relevant gas connection from the existing gas main;

(d)  the Board's estimate of the date when construction work on the relevant gas connection(s) is due to start;

(e)  the date on which the relevant gas connection(s) are required to be operative; and

(f)  any such other information regarding the relevant gas connection(s) as the Commission may request.

(4)  Any contract entered into by the Board to provide relevant gas connection(s) or to provide gas transportation services to relevant gas connection(s) (in this Article referred to as a “relevant gas contract”) shall include a term entitling any party to the relevant gas contract other than the Board to terminate the relevant gas contract without penalty at any time on or before the relevant date provided that on or following such termination the terminating party of parties shall enter into a contract with an authorised distributor to provide the relevant gas connection(s) or to provide gas transportation services to the relevant gas relation to such service which the Commission may, from time to time, specify by notice in writing to the Board for the purposes of this Article.

(2)  Where the Board is of the opinion that the provision of a new gas connection or the continuation of an existing gas connection would give rise to an abnormal risk affecting the safety of persons, land, buildings or other property, then the Board shall refuse, as appropriate, to provide the new gas connection or to continue to provide the existing gas connection.

(3)  The Board shall at all times exercise the practices and standards of a prudent gas undertaking including, but not confined to, the following:

(a)  adequate emergency and repair facilities,

(b)  adequate training of staff,

(c)  adequate odorisation of gas,

and shall have regard to relevant international standards and practices.

(4)  The Board shall carry out any such other functions in relation to gas safety as may be required by the regulatory requirements.

General provisions relating to pipelines on land, etc.

9. (1)  The Board may--

(a)  open and break up any land for the purpose of placing pipelines in or under any land and for any of the purposes set out in paragraph (3) of this Article, and

(b)  do all other acts in relation to pipelines on land which, in the opinion of the Board, are necessary for the safe and efficient transmission, distri-[illegible]

(4)  Nothing in this Article shall be construed as affecting any relevant statutory requirement concerning consent to the opening and breaking up of any land.

Notices, etc., in respect of opening and breaking up of land.

10. (1)  In connection with the opening and breaking up of any land for the purposes of this Order, the Board shall--

(a) in every case other than in an emergency--

(i)  give not less than 5 working days' notice to the appropriate person of its intention to open and break up such land, and

(ii) comply with any reasonable requirement of the appropriate person,

and

(b) in the case of an emergency, notify the appropriate person not later than the next working day after the commencement of the opening and breaking up of such land and, where the work is not completed by that day, comply with any reasonable requirement of the appropriate person.

(2)  When the Board causes any land to be opened or broken up, it shall, as soon as is practicable and subject to the need to ensure (as far as is practicable) the safety of persons and property, cause the following to be done, that is to say--

(a)  the completion of the work,

(b)  the reinstatement or making good of the land, and

(c)  the removal of the spoil and rubbish occasioned by the work.

(3)  Nothing in this Article shall be construed as affecting any other relevant statutory requirement concerning the giv-[illegible] ensuring that the gas connection has not been reconnected otherwise than with the approval of the Board or the relevant supplier as the case may be,

(g)  for doing any other thing reasonably incidental to the foregoing provisions of this Article or necessitated by this Order.

(2)  Before an authorised person enters a building for any of the purposes set out in paragraph (1) of this Article he shall either--

(a)  obtain the consent of a person who he reasonably believes is entitled to consent to such entry, or

(b)  give to the occupier of the building (where it is occupied) or to the owner thereof (where it is unoccupied) not less than 14 days notice in writing of his intention to make the entry for a specified purpose.

(3)  A person to whom a notice of intention to enter the building for a specified purpose has been given under this Article by an authorised person may, not later than 14 days after the giving of such notice, apply, on notice to the Board, to the Judge of the District Court having jurisdiction in the district court district in which the building is situate for an order prohibiting the entry for that purpose, and, upon the hearing of the application, the Judge may, if he so thinks proper, either wholly prohibit the entry for that purpose or specify conditions to be observed by the authorised person making the entry.

(4)  Where a Judge of the District Court prohibits under this Article a proposed entry of the building, it shall not be lawful for any person to enter under paragraph (1) of this Article into the building by virtue of, and for the purpose [illegible]

(4)  Where the circumstances of a case are such that the provisions of subparagraph (c) of paragraph (3) of this Article apply thereto but the provisions of paragraph (2) of this Article and subparagraphs (a) and (b) of paragraph (3) of this Article, or any of them, do not also apply to the case, then, except where Article 13 of this Order applies to the case, the Board shall not cut off the gas connection to the building concerned until a person authorised by the Board in accordance with and for the purposes of Article 11 would be entitled by virtue of that Article to enter that building.

(5)  Where the gas connection to a building has been cut off in accordance with paragraph (2) of this Article the Board shall be entitled to recover from the relevant supplier the cost to the Board of cutting off that gas connection.

(6)  Where the gas connection to a building has been cut off in accordance with this Article the Board shall promptly inform the relevant supplier that the gas connection has been cut off and if the gas connection has been cut off pursuant to paragraph (3) of this Article of the circumstances in which the gas connection has been cut off.

Exercise of powers in relation to safety of public or property.

13. (1) A person appointed in writing by the Board to be an authorised person for the purpose of this Article (in this Article referred to “an authorised person”) may enter (without notice or consent, and by force, if necessary in the circumstances) and inspect any land or building and there take such measures as he considers appropriate for the purpose of ensuring that, in the performance of its other functions under this Order including any function pursuant to Article 8, the safety of the public and property is, as far as practicable, secured:

Provided that the authorised person may only so enter, inspect and take such measures as aforesaid where he is of the opinion that there is or may be a danger to any person, land, building or other property arising from the use, misuse[illegible] and the report shall be so submitted as soon as possible after the relevant period.

(2) The Board shall, in respect of the exercise of any functions for the purposes of this Order, supply the Commission with such information relating to safety as it may from time to time request.

Safety investigations for Commission.

16. Where the Commission appoints a person to conduct an investigation into the safety of the Board's pipelines and operating practices and procedures, the Board shall cooperate fully with the person and shall make available to him all relevant records, items and evidence in its possession or under its control as he may request.

Incidents, reports, investigations, etc.

17. (1)  Where an incident occurs involving gas which has been transmitted or distributed by virtue of this Order (whether the incident occurs inside or outside a building) and the incident causes, either directly or indirectly--

(a)  the death of any person, or

(b)  injury to any person which requires medical attention to be given to such person in hospital other than as an out-patient, or

(c)  loss or damage to any building, land or other property, where in the opinion of the Board the aggregate value of such loss or damage is in excess of €6,348.69,

then the Board shall report the incident to the Commission as soon as possible thereafter and, where the Commission has indicated to the Board the form in which any such report is to be, the report shall be in that form.

(2) Where an incident occurs to which paragraph (1) of

(7) Where the Commission is of the opinion that it requires--

(a)  in the case of an incident involving gas to which paragraph (2) of this Article relates, an interim report thereon, or

(b)  in the case of an incident or series of incidents involving gas to which the said paragraph (2) does not relate, a report thereon,

as a matter of urgency because of the nature of the incident or incidents concerned, then the Board shall, upon being informed of that opinion, immediately prepare or cause to be immediately prepared such an interim report or report, as the case may be, and shall submit it to the Commission without delay.

Codes of practice and standards.

18. (1)  The Board shall, in relation to all new installations, operations, replacements and repairs carried out by or on behalf of the Board, comply with the regulatory requirements and shall ensure as far as is practicable that any such installation, operation, replacement or repair complies with all relevant codes of practice and standards (or any part thereof) which the Commission may, from time to time, specify by notice in writing to the Board for the purpose of this Article.

(2)  Where the Board is of the opinion--

(a)  that any code of practice or standard (whether prepared by the Board or otherwise) ought to apply, with or without modification, to the Board for the purpose of paragraph (1) of this Article, or

(b)  that any notice under paragraph (1) of this Article, ought to be withdrawn, replaced, revised, supplemented or amended,

Offences

20. (1)  Any obstruction of or interference with the Board or members of its staff in the performance of their functions under this Order or failure or refusal to comply with directions given by the Board or members of its staff in the performance of their functions under Article 13 or 17 of this Order shall be an offence punishable on summary conviction, by a fine not exceeding €1,269.74 or, at the discretion of the Court, by a term of imprisonment not exceeding 12 months, or by both.

(2)  Where an offence under this Order is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer or any person purporting to act in such capacity shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order confers on Board Gáis éireann powers, duties, rights and obligations necessary to enable it to engage in the business of natural gas transmission and distribution in the areas specified in the Schedule.