S.I. No. 443 of 2004

Gas (Amendment) Act 1987 (Section 2) (Supply) (No. 2) Order 2004

Published by the Stationery Office, Dublin

S.I. No. 443 of 2004

GAS (AMENDMENT) ACT 1987 (SECTION 2) (SUPPLY) (NO. 2) ORDER 2004

ARRANGEMENT OF ARTICLES

S.I. No. 443 of 2004

GAS (AMENDMENT) ACT 1987 (SECTION 2) (SUPPLY) (NO.2) ORDER 2004

The Commission for Energy Regulation, considering it appropriate that functions corresponding to certain functions of the Dublin Gas Company be conferred on Flogas Natural Gas Limited 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 the Gas (Amendment) Act 1987 (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) (Supply) (No. 2) Order 2004.

Commencement and expiry

2.    This Order shall come into operation on the 5^th day of August 2004 and shall expire and cease to be of any effect upon revocation by the Commission for Energy Regulation, pursuant to the Act of 1987.

Interpretation.

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

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

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

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

“the Board” means the body established by Section 7 of the Act of 1976 (acting through its Transmission and Distribution division);

“building” includes a dwelling and any part of a building which is self-contained but does not include the exterior walls of any building which abut land;

“Commission” means the Commission for Energy Regulation;

“the Company” means Flogas Natural Gas Limited;

“distribution system” means a system made up of distribution pipelines in accordance with such criteria as may be specified by the Commission from time to time pursuant to the Act of 2002;

“eligible customers” means all persons of a type mentioned in subsection (1) of Section 10A of the Act of 1976;

“final customer” has the meaning that it has in the Act of 2002;

“functions” includes powers, duties, rights and obligations and references to the performance of functions include, as respects powers, duties, rights and obligations, references to the exercise of the powers and rights and the carrying out of the duties and obligations;

“gas connection” means pipeline(s) or any part thereof connecting the gas main to a gas point for the purposes of the supply of gas (whether or not gas is so supplied);

“gas point” means the point at which gas is offtaken from the distribution system for the purpose of supply direct to a particular final customer's premises;

“land” includes roads, land covered with water and the exterior walls of any building which about land but does not otherwise include land covered by buildings;

“pipeline” means a pipeline used or intended to be used for the transmission or distribution of gas by the Board by virtue of the Act of 1987 and/or the supply or sale of gas by a supplier and includes any part of a pipeline, gas main, service pipe, installation pipe and any apparatus, equipment or other thing which is ancillary to such a pipeline including a gas meter;

“public holiday” shall be construed in accordance with the Schedule to the Organisation of Working Time Act 1997 (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 Company pursuant to any such legislation, any code of operations to which the Company is subject (whether its own or that of another holder of a licence under Section 16(1) of the Act of 2002) or any agreement between the Company and the Commission and any obligation, direction or requirement (howsoever designated) imposed on or given to the Company pursuant to any such legislation, licence, code or agreement;

“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;

“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; and

“working day” means a day other than a Saturday, Sunday or a day that is a public holiday.

(2)  In this Order, unless the context otherwise requires references to cutting off a gas connection or analogous references shall include a reference to any such means of physical isolation of the gas connection in order to prevent gas flows to the meter as the Board acting reasonably shall consider appropriate in the circumstances.

(3) References in this Order to an enactment shall include any modification or re-enactment thereof or any successor or replacement enactment therefor.

Conferment of functions on the Company.

4.    (1) The functions hereinafter set out in this Order are, in respect of each of the areas specified in the first column of the Schedule to this Order, hereby conferred on the Company to the extent specified in the second column of that Schedule opposite the area specified in the said first column.

Power to supply, and sell gas.

5.    (1) The Company may supply and sell gas within a relevant area.

(2) The Company shall comply with the regulatory requirements in carrying out its functions under this Order.

Use of meters, etc.

6.    (1) The Company shall require that any consumer of gas supplied by it shall take such supply through a gas meter.

(2) Where gas is supplied through a meter the register of that meter shall be prima facie evidence of the quantity of gas supplied and in respect of which a charge is made, and sought to be recovered, by the Company.

General safety.

7.    (1) The Company shall at all times apply the practices applied by, and achieve the standards achieved by, a prudent natural gas undertaking in carrying out a supply business, including but not confined to:

(a)      the provision of measures to ensure the supply of gas of adequate quantity and quality;

(b)      the provision of measures for the control and management of supply emergencies and co-operation with the Board in such emergencies; and

(c)      adequate training and competence of staff.

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

Cutting off of gas connection, etc.

8.    (1) Subject to this Article and to the regulatory requirements the Company shall be under no obligation to any person to provide, or to continue to provide, a supply of gas to such person.

(2) Where gas is being supplied to any building, the Company may instruct the Board in writing to cause the gas connection to such building to be cut off -

(a)      whenever the Company has given 3 months notice in writing to the gas account holder concerned of its intention to do so and that notice period has expired, or

(b)      whenever the gas account holder ceases-

(i)         where he has been occupying such building, to occupy or otherwise be responsible for the building, or

(ii)        in any other case, to be responsible for such building,

and where no appropriate person is prepared and capable of entering into a contract with the Company for the supply of gas to the building, or

(c)      whenever any payment is overdue to the Company from the gas account holder concerned in respect of the supply of gas to the building or otherwise, or

(d)      whenever such gas connection has been reconnected without the Company's approval after having been duly cut off in accordance with this Article,

(3) For the purposes of paragraph (2) (c) of this Article, a payment shall be overdue when 30 days have elapsed since a bill was first issued by the Company to the gas account holder concerned in respect of the payment of an amount due to the Company by him and the full amount of that payment, as set out in the bill, has not been paid.

(4) Every bill to which paragraph (3) of this Article relates shall carry a notice setting out the subject matter of paragraphs (2) (c) and (3), and paragraph (6) (in so far as it relates to the said paragraph (2) (c)), of this Article.

(5) Where the gas connection to a building has been cut off in accordance with paragraph (2) of this Article, the Company shall pay to the Board the cost to the Board of cutting off that connection.

(6) Where the gas connection to a building has been cut off in accordance with subparagraph (c) or (d) of paragraph (2) of this Article, the Company shall be entitled to recover from the person concerned the amount paid to the Board pursuant to paragraph 5 of this Article.

(7) In paragraph (2) (b) of this Article, “appropriate person” means a person-

(a)      who is occupying or is otherwise responsible for the building concerned, and

(b)      in respect of whom the Company has no reason to believe that he would not pay the amounts due for gas if it were to be supplied to him under a contract to which the said paragraph (2) (b) would relate.

Safety investigations for Commission.

9.    Where the Commission appoints a person to conduct an investigation into the safety of the Company's operating practices and procedures, the Company shall co-operate 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.

Codes of practice and standards

10.   (1) The Company shall in relation to all new installations, operations, replacements and repairs carried out by or on behalf of the Company ensure 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 Company for the purpose of this Article.

(2) Where the Company is of the opinion

(a)      that any code of practice or standard (whether prepared by the Company or otherwise) ought to apply, with or without modification, to the Company 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,

the Company shall advise the Commission accordingly in writing giving it all relevant details in respect of the matter.

(3) Nothing in this Article shall be construed as affecting any obligation of the Company by virtue of the Industrial Research and Standards Act, 1961 .

Recovery of charges accruing for supply of gas.

11.   If the gas account holder ceases-

(a)      where he has been occupying the building concerned, to occupy or otherwise be responsible for that building, and

(b)      in any other case, to be responsible for the building concerned,

the Company shall be entitled to recover from him, all charges accruing for the supply of gas to that building up to-

(i)       where he has given at least 7 clear working days' notice in writing to the Company of the date of ceasing, that date if he so ceases thereon, or

(ii)      in any other case-

(I)        the next day after he so ceases on which the register of the meter in the building concerned is read by a person authorised by the Board to read that meter, or

(II)       the day on which any other person becomes the gas account holder for the building concerned,

whichever event occurs first.

Offences.

12.   (1) Any obstruction of or interference with the Company or members of its staff in the performance of their functions under 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 of connivance of or to be attributable to any neglect on the part of a director, manager, secretary, other officer of the body corporate or other person purporting to act in such capacity, the director, manager, secretary or other officer or 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.

SCHEDULE

Article 4(1)

Sealed with the common seal of the Commission for Energy Regulation on the 16^th day of July 2004.

EXPLANATORY NOTE.

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

This Order confers on Flogas Natural Gas Limited powers, duties, rights and obligations necessary to enable it to engage in the business of natural gas supply and sale in the areas specified in the Schedule for the period specified in Article 2 of the Order.