Gas Regulation Act, 1982

Enabling orders.

11.—(1) Subject to subsection (3) of this section, the Minister may—

(a) by order enable an undertaker to purchase or redeem (out of revenue or otherwise) and cancel debentures, debenture stock, mortgages, bonds, obsolete or unproductive capital or capital not represented by available assets,

(b) by order authorise a particular local authority, being a local authority which has power to supply gas within their functional area, to supply gas to any place which is outside such functional area and within an area specified in the order,

(c) by order alter the authorised limits of supply of an undertaker,

and in case the Minister makes an order under this section, then for so long as the order remains in force—

(d) in case the order is an order described in paragraph (a) of this subsection, it shall operate to authorise the undertaker to which it relates to purchase, redeem or cancel any debenture or other thing to which the order relates in such manner and subject to such conditions (if any) as are specified in the order,

(e) in case the order is an order described in paragraph (b) of this subsection, it shall operate to authorise the local authority to which it relates to supply gas to any place in the area specified in the order,

(f) in case the order is an order described in paragraph (c) of this subsection, the authorised limits of the undertaker to which the order applies shall be taken to be those limits as altered by the order.

(2) The Minister may by order, for the purpose of—

(a) enabling subsection (3) of section 10 of this Act to have full effect in relation to a determination under that section,

(b) providing for the proper and efficient performance by a particular undertaker of its functions,

in so far as is necessary repeal or amend any provision of any special Act or instrument made under any such Act to such extent as the provision applies to the undertaker concerned.

(3) An area specified in an order under this section shall not include any place which, immediately before the commencement of the order, is within the authorised limits of supply of the undertaker concerned.

(4) An order under this section may contain such incidental, supplemental or consequential provisions as the Minister considers necessary to enable the order to have full effect.

(5) Section 16 of the Gas Regulation Act, 1920 , shall be construed and have effect as if the reference therein to applications and other proceedings under that Act included a reference to an application for an order under this section.

(6) Where an order under this section is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.