Gas Regulation Act, 1982

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Enabling applications.

10.—(1) Where, apart from this section—

(a) a local authority to which this section applies or an undertaker has not power to—

(i) obtain a supply of gas in bulk from any source whether situated within or without their or its authorised limits of supply;

(ii) give a separate supply of gas for industrial purposes within their or its authorised limits of supply or give such a supply of gas for such purposes outside such limits of supply;

(b) an undertaker has not power to—

(i) establish a superannuation, pension or other like scheme;

(ii) raise capital or borrow for any of the purposes aforesaid;

(iii) alter the number of directors of the undertaker,

the local authority or the undertaker may make an application in that behalf to the Minister.

(2) (a) Where the Minister receives an application under this section, he may when determining the application allow it with or without modification (including the imposition of terms and conditions) or refuse the application.

(b) Where the Minister allows an application under this section with modification, when determining the application he shall specify in his decision the modification subject to which the application is allowed.

(c) A determination by the Minister under this section may contain such supplementary and incidental provisions as appear to the Minister necessary to give the determination effect.

(3) Where an application under this section is allowed, the determination made by the Minister as regards the application shall operate to permit the relevant local authority or undertaker to obtain or provide a supply of gas, establish a superannuation or other scheme, raise capital, borrow, or appoint directors, as may be appropriate, in accordance with the determination and subject to such terms and conditions (if any) as are specified therein.

(4) This section applies to any local authority which is engaged in the business of supplying gas by means of gas mains.