S.I. No. 73/1978 - European Communities (Natural Gas in Power Stations) Regulations, 1978.

S.I. No. 73 of 1978.

EUROPEAN COMMUNITIES (NATURAL GAS IN POWER STATIONS) REGULATIONS, 1978.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Energy, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 75/404/EEC *, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Natural Gas in Power Stations) Regulations, 1978, and shall come into operation on the 2nd day of March 1978.

2. (1) In these Regulations—

"authorised officer" means an officer of the Minister authorised in writing by the Minister for the purposes of these Regulations;

"the Directive" means Council Directive No. 75/404/EEC ^*;

" the Minister" means the Minister for Industry, Commerce and Energy;

"natural gas" means any gas derived from natural strata, whether or not it has been subjected to liquefaction or any other process of treatment.

(2) A word or expression used in these Regulations and also used in the Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Directive.

3. The conclusion of contracts for the supply of natural gas to power stations, the extension of such contracts on expiry and the construction of new power stations using natural gas shall be subject to prior authorisation by the Minister.

4. An authorisation under these Regulations may be granted only in the cases specified in paragraphs 2, 3 and 4 of Article I of the Directive.

5. (1) A person who in contravention of Regulation 3 of these Regulations concludes or extends a contract or causes the construction of a new power station, or who obstructs or interferes with an authorised officer of the Minister who is exercising or proposing to exercise a power conferred on him by Regulation 6 of these Regulations, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding six months or both.

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* OJ No. L 178/24, 9.7. 1975, p.p. 24 and 15.

(2) Where an offence under these Regulations committed by a body corporate or an unincorporated body of persons is proved to have been committed with the consent or connivance of any person who is a director, manager, secretary, member of the committee of management or other controlling authority of the body or any other similar officer of the body, or to be attributable to neglect on the part of such a person, that person shall also be guilty of that offence.

(3) A prosecution for an offence under these Regulations may be brought by the Minister.

6. (1) An authorised officer may at any reasonable time enter any power station or other building or premises for the purpose of ascertaining whether or not these Regulations are being complied with and may for that purpose carry out in the station, building or premises any investigation or examination, or inspect or take copies of any document found in the station, building or premises and relating to a contract, proposed contract, extended contract or proposed extended contract for which the prior authorisation of the Minister is required by these Regulations.

(2) The Minister shall furnish an authorised officer with a certificate of his appointment and, when exercising any powers conferred by these Regulations, the officer shall, if required by any person affected, produce the certificate to that person.

GIVEN under my Official Seal, this 2nd day of March, 1978.

DESMOND O'MALLEY,

Minister for Industry, Commerce and Energy.

EXPLANATORY NOTE.

These regulations give effect to Council Directive of the European Communities of 13 February 1975 (75/404/EEC). The regulations require that the conclusion of contracts for the supply of natural gas to power stations, the extension of such contracts on expiry and the construction of new power stations using natural gas shall be subject to prior authorisation by the Minister for Industry, Commerce and Energy.