Energy (Miscellaneous Provisions) Act, 1995
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Transmission of gas by Bord Gáis Éireann on behalf of other persons. |
2.—(1) The following section is hereby inserted after section 10 of the Act of 1976: | |
“10A. (1) Where a person requests the Board to make an offer to him to transmit on his behalf through pipelines under the control of the Board gas, at an annual rate that is not less than the rate of 25 million standard cubic metres per annum, to a single meter installation for consumption by a single customer, the Board may make such an offer to that person, including an offer to transmit gas at a rate that is greater or less than the rate to which the request relates (but not less than the annual rate aforesaid). | ||
(2) (a) An offer referred to in subsection (1) of this section shall be made on such terms as the Board considers reasonable and specifies in the offer. | ||
(b) If any dispute arises between a person and the Board as to the reasonableness of terms on which the Board has made an offer aforesaid to that person, the dispute shall be referred to the Minister and, if the Minister, or a person nominated by him for the purpose (‘the nominee’), considers those terms or any of them to be unreasonable, the Minister or the nominee, as the case may be, shall give a direction to the Board requiring the Board to make a further offer of the kind referred to in subsection (1) of this section to the first-mentioned person on such terms as the Minister or the nominee specifies in the direction and the Board shall comply with such a direction. | ||
(c) For the purpose of considering a dispute referred to the Minister under this subsection, the Minister or the nominee may request the Board or the person who requested the making of the offer concerned to supply to him such information relating to the dispute as he considers necessary, and the Board or the said person, as the case may be, shall comply with such a request. | ||
(d) The reference in paragraph (b) of this subsection to the terms on which the Board has made, or may be required to make, an offer shall be construed as including a reference to the specification in the offer of the rate at which gas is to be transmitted on behalf of the person concerned. | ||
(3) An agreement entered into by the Board in consequence of an offer made by it under this section (including such an agreement as subsequently varied by any lawful means) may be carried into effect by the Board in accordance with its terms. | ||
(4) This section is without prejudice to the powers of the Minister under section 11 (1) of this Act.”. | ||
(2) Section 11 of the Act of 1976 is hereby amended— | ||
(a) by the substitution of the following subsection for subsection (1): | ||
“(1) (a) The Minister may, from time to time, give the Board such general directives concerning the transmission on behalf of another person by the Board of gas through pipelines under its control as he considers appropriate (other than as respects the pricing policy of the Board in relation to that matter). | ||
(b) The Minister may, from time to time, with the consent of the Minister for Finance, give the Board such general directives concerning— | ||
(i) the pricing policy of the Board as to the sale or supply of gas or the transmission on behalf of another person by the Board of gas through pipelines under its control, or | ||
(ii) the financial objectives of the Board, as he considers appropriate.”, | ||
(b) by the substitution of the following subsection for subsection (3): | ||
“(3) In performing its functions the Board shall— | ||
(a) comply with any direction under this section, | ||
(b) comply with any directive under this section concerning— | ||
(i) the transmission on behalf of another person by it of gas through pipelines under its control (including any such directive concerning its pricing policy in relation to that matter), or | ||
(ii) its pricing policy as to the sale or supply of gas, | ||
(c) have regard to any directive under this section concerning its financial objectives.”, | ||
(c) by the insertion in subsection (4) after “a particular case” of “or in relation to the transmission on behalf of another person by the Board of gas through pipelines under its control in a particular case”, | ||
and the said subsection (4), as so amended, is set out in the Table to this section. | ||
TABLE | ||
(4) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to a price to be charged by the Board in a particular case or in relation to the transmission on behalf of another person by the Board of gas through pipelines under its control in a particular case. |