The Gas (Applications for Licences and Extensions) (Amendment) Regulations (Northern Ireland) 2013

Made: 7th February 2013

Coming into operation: 11th March 2013

The Department of Enterprise, Trade and Investment[^f00001] makes the following Regulations in exercise of the powers conferred by Article 8(3) of the Gas (Northern Ireland) Order 1996[^f00002].

Citation and commencement

1

These Regulations may be cited as the Gas (Applications for Licences and Extensions) (Amendment) Regulations (Northern Ireland) 2013 and come into operation on 11th March 2013.

Amendment of the Gas (Applications for Licences and Extensions) Regulations (Northern Ireland) 1996

2

• (1) The Gas (Applications for Licences and Extensions) Regulations (Northern Ireland) 1996[^f00003] are amended in accordance with paragraphs (2) to (8).

• (2) In regulation 5(b) (lodgement of applications)—

• (a) omit “to the Department or”; and

• (b) for “the Director at his principal office” substitute “the Authority at its principal office”.

• (3) In regulation 6 (manner of publishing applications)—

• (a) in paragraph (2)—

• (i) omit “the offices of the Department or” and “, as the case may be,”; and

• (ii) for “the Director” substitute “the Authority”.

• (b) in paragraph (3)—

• (i) omit “to the Department or” and “, as appropriate”; and

• (ii) for “the Director at his principal office” substitute “the Authority at its principal office”.

• (4) In regulation 7 (fees payable with applications)—

• (a) in paragraph (1) for “£800” substitute “£2000”;

• (b) in paragraph (2) for “£500” substitute “£2000”;

• (c) in paragraph (3) for “£500” substitute “£750”;

• (d) in paragraph (4) for “£200” substitute “£300”.

• (5) In Schedule 1 (form of application) in paragraph 4 omit “resident”.

• (6) In Part 1 of Schedule 2 (documents and other particulars to accompany an application for a gas conveyance licence or extension), in paragraph 17 (interpretation)—

• (a) omit the definition of “the 1986 Order”;

• (b) at the appropriate place insert—

• “the 2006 Act” means the Companies Act 2006;

[^f00004];

• (c) in the definition of “annual accounts” for “Article 270 of the 1986 Order” substitute “section 471 of the 2006 Act”;

• (d) in the definition of “auditors’ report” for “Article 243 of the 1986 Order” substitute “section 495 of the 2006 Act”;

• (e) for the definition of “company” substitute—

• “company” has the meaning given by section 1 of the 2006 Act;

• (f) in the definition of “group” for “Article 270 of the 1986 Order” substitute “section 474(1) of the 2006 Act”;

• (g) for the definition of “group accounts” substitute—

• “group accounts” means such accounts as are required to be prepared by section 399 of the 2006 Act;

• (h) in the definitions of “parent undertaking” and “subsidiary undertaking” for “Article 266 of the 1986 Order” substitute “section 1162 of the 2006 Act”.

• (7) In Part II of Schedule 2 (documents and other particulars to accompany an application for a gas storage licence or extension), in paragraph 13 (interpretation)—

• (a) omit the definition of “the 1986 Order”;

• (b) at the appropriate place insert—

• “the 2006 Act” means the Companies Act 2006;

• (c) in the definition of “annual accounts” for “Article 270 of the 1986 Order” substitute “section 471 of the 2006 Act”;

• (d) in the definition of “auditors’ report” for “Article 243 of the 1986 Order” substitute “section 495 of the 2006 Act”;

• (e) for the definition of “company” substitute—

• “company” has the meaning given by section 1 of the 2006 Act;

• (f) in the definition of “group” for “Article 270 of the 1986 Order” substitute “section 474(1) of the 2006 Act”;

• (g) for the definition of “group accounts” substitute—

• “group accounts” means such accounts as are required to be prepared by section 399 of the 2006 Act;

• (h) in the definitions of “parent undertaking” and “subsidiary undertaking” for “Article 266 of the 1986 Order” substitute “section 1162 of the 2006 Act”.

• (8) In Part III of Schedule 2 (documents and other particulars to accompany an application for a gas supply licence or extension), in paragraph 18 (interpretation)—

• (a) omit the definition of “the 1986 Order”;

• (b) at the appropriate place insert—

• “the 2006 Act” means the Companies Act 2006;

• (c) in the definition of “annual accounts” for “Article 270 of the 1986 Order” substitute “section 471 of the 2006 Act”;

• (d) in the definition of “auditors’ report” for “Article 243 of the 1986 Order” substitute “section 495 of the 2006 Act”;

• (e) for the definition of “company” substitute—

• “company” has the meaning given by section 1 of the 2006 Act;

• (f) in the definition of “group” for “Article 270 of the 1986 Order” substitute “section 474 (1) of the 2006 Act”;

• (g) for the definition of “group accounts” substitute—

• “group accounts” means such accounts as are required to be prepared by section 399 of the 2006 Act;

• (h) in the definitions of “parent undertaking” and “subsidiary undertaking” for “Article 266 of the 1986 Order” substitute “section 1162 of the 2006 Act”.

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 7thFebruary 2013.

A F Hepper — A senior officer of the — Department of Enterprise, Trade and Investment

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Gas (Applications for Licences and Extensions) Regulations (Northern Ireland) 1996.

The Regulations provide for—

• (i) an increase in the fees payable upon application for a gas conveyance, storage and supply licences or for an extension to an existing licence;

• (ii) the correction of a minor drafting error in relation to the earlier amendment of paragraph 4 of Schedule 1;

• (iii) the updating of references to provisions in the Companies (Northern Ireland) Order 1986 which has been replaced by the Companies Act 2006;

• (iv) the updating of references to “the Director” to “the Authority” to reflect the current name for the Northern Ireland Authority for Utility Regulation; and

• (v) amendments to the process for lodging and publishing gas licence applications in line with the removal of the Department’s consenting role in the gas licence application process following implementation of the Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011.

Footnotes

[^f00001]: The Department of Economic Development was renamed the Department of Enterprise, Trade and Investment by Article 3(5) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I.1))

[^f00002]: S.I. 1996/275 (N.I.2), there are no relevant amendments

[^f00003]: S.R. 1996 No. 447, as amended by S.R. 2010 No. 326

[^f00004]: 2006 c.46