S.I. No. 264/2002 - Gas (Interim)(Regulation) Act 2002 (Criteria For Determination of Consents) Regulations 2002


I, Joe Jacob, Minister of State at the Department of Public Enterprise, in exercise of the powers conferred on me by section 12 (3)(a) of the Gas (Interim)(Regulation) Act 2002 (No. 10 of 2002) and the Public Enterprise (Delegation of Functions) (No. 2 Order 2002 hereby make the following regulations:

1.   These regulations may be cited as the Gas (Interim)(Regulation) Act 2002 (Criteria for Determination of Consents) Regulations 2002.

2.   The criteria in accordance with which an application for a consent given under section 39A(1) (inserted by section 12 (1)(a) of the Gas (Interim)(Regulation Act 2002 ) of the Gas Act 1976 may be determined by the Commission are that the Commission is satisfied that -

a)   if it grants the consent, no activity carried out under it will adversely affect the safety and security of the natural gas systems,

b)   the applicant will comply with any code of operations in so far as it is applicable to the applicant and, at the relevant times, will have the capability of doing so,

c)   the applicant has complied with the requirements of section 40A (as amended by section 12(1)(c) of the Gas (Interim)(Regulation) Act 2001) of the Gas Act 1976 in relation to the proposed construction of the pipeline to which the application relates,

d)   the pipeline to which the application relates will be constructed and commissioned within a period which the Commission shall specify in relation to the application.

e)   the pipeline to which the application relates will be capable of interoperating in a secure, safe and efficient manner with the natural gas system,

f)    the applicant is a fit and proper person to be granted a consent and has the financial capacity and technical skills to carry out the activities to which the application relates and to comply with the consent, if granted, and

g)   the applicant will be capable of paying any levy charged by the Commission.

/images/seal.jpg

GIVEN under my hand,

 4 June, 2002.

JOE JACOB, T.D.

Minister of State at the

Department of Public Enterprise

Explanatory Note

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

These regulations set out the criteria in accordance with an application for consent to construct or upgrade a pipeline may be determined by the Commission for Energy Regulation.