Gas Regulation Act, 1982

Charges.

6.—(1) Without prejudice to the generality of section 4 of this Act, where, were an undertaker a company, a charge to which section 99 of the Companies Act applies could be created by the undertaker, then a charge under this section may be created by the undertaker.

(2) Subject to subsection (4) of this section, Part IV of the Companies Act (including in particular sections 100 (3), 101 (2), 102 (2) and 107 (3), but not including section 103 or 112) together with the other provisions of the Companies Act shall, with the necessary modifications, apply to or in relation to the creation of charges under this section by an undertaker and to or in relation to a charge created by virtue of this section as they apply to or in relation to the creation of charges under section 99 of the Companies Act by a company and to or in relation to a charge to which the said section 99 applies, respectively.

(3) The undertaker concerned shall, for the purposes of this section, keep a register in the prescribed form of all charges requiring registration under Part IV of the Companies Act, as applied by this section, and shall enter in such register in relation to such charges—

(a) in the case of a charge to the benefit of which the holders of a series of debentures are entitled, such particulars as are specified in section 99 (8) of the Companies Act;

(b) in the case of any other charge—

(i) if the charge is a charge created by the undertaker, the date of its creation;

(ii) if the charge is a charge on property acquired by the undertaker, the date of the acquisition of the property;

(iii) if the charge is a judgement mortgage, the date of the creation of such judgement mortgage;

(iv) the amount secured by the charge;

(v) short particulars of the property charged;

(vi) the person entitled to the charge.

(4) In construing Part IV of the Companies Act, as applied by this section, each of the references therein to the registrar of companies shall be construed as a reference to the secretary of the undertaker concerned.

(5) The register kept in pursuance of this section shall be open to inspection at any reasonable time by any person on payment of such fee (if any) as may be prescribed.