Gas (Interim) (Regulation) Act, 2002

Functions of Bord Gáis Éireann.

11.—The Gas Act, 1976 , is amended, on the appointed day, by the substitution for section 8 of the following section:

“8.—(1) (a) The Board shall, in relation to customers other than persons of the type mentioned in paragraphs (a), (b), (c) or (d) of subsection (1) of section 10A of this Act, develop and maintain a system for the supply of natural gas to such customers being a system which is both economical and efficient and which appears to the Board to be requisite for the time being.

(b) Nothing in paragraph (a) of this subsection shall be construed as imposing on the Board, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

(2) In discharging the duties imposed on it under this Act, the Board shall have regard to the sources of supply of natural gas which are available for the time being to the Board and such safety requirements as, in the opinion of the Board, are necessary in relation to the transmission and distribution of such gas.

(3) Without prejudice to the generality of subsection (1) of this section or to any provision of this Act apart from this section within or outside the State, and subject to any requirements of law the Board may—

(a) transmit and distribute natural gas and sell and supply natural gas acquired by it (whether or not such gas has been prepared, processed or treated),

(b) purchase or otherwise acquire natural gas from any source,

(c) liquify or otherwise prepare, process or treat natural gas,

(d) fix, make and recover charges for any gas sold or any gas supply or service or facility provided or thing undertaken pursuant to this section by the Board, or fix and accept subscriptions for any service or facility so provided,

(e) attach such other terms and conditions as the Board shall think fit, to any sale of gas or as regards any gas supply or service or facility, provided by it,

(f) provide, operate or maintain, or provide, operate and maintain, whether for use by the Board or by a person other than, the Board, such pipelines, terminals, pressure-reducing stations, off-take stations, vessels, vehicles, works, services, facilities or other things as are necessary or expedient in relation to, or ancillary to, the provision, development or maintenance of a system of gas supply,

(g) for or on behalf of the owner of a pipeline used or intended to be used to supply gas to the Board, provide, operate or maintain, or provide, operate and maintain, anything which is a thing mentioned in paragraph (f) of this subsection,

(h) provide for any other person any or all of the following services and facilities relating to the development or supply of gas, namely, advice or assistance, research services or research or training facilities,

(i) subject to subsection (4) of this section, subscribe or guarantee money for charitable or benevolent objects or to or for any institution or for any public, general or useful object,

(j) draw, make, accept, endorse, discount, negotiate or issue bills of exchange, promissory notes or other negotiable or transferable instruments,

(k) subject to subsection (5) of this section, accept a gift of money, land or other property upon such trusts and conditions (if any) as may be specified by the person making the gift,

(l) carry on any activity which appears to the Board to be requisite, advantageous or incidental to, or which appears to the Board to facilitate, the performance by the Board of any function under this Act.

(4) In case the Board pursuant to subsection (3)(i) of this section—

(a) gives a subscription exceeding €2,000, or

(b) in any particular year gives for or to a particular object or institution two or more subscriptions the aggregate of which exceeds €2,000,

the subscription or subscriptions, as may be appropriate, together with the object or institution to which it or they relate shall be specified in the accounts kept by the Board pursuant to this Act.

(5) The Board shall not accept any gift pursuant to subsection (3)(k) of this section if the trusts and conditions attached by the donor to its acceptance are inconsistent with the functions of the Board.

(6) Where the Board proposes to transfer to another person an interest in a pipeline or a part thereof that has been constructed by it pursuant to and in accordance with a consent given by the Minister or the Commission under this Act, the Board shall obtain the prior consent of the Minister given with the approval of the Minister for Finance for such a transfer and the Minister may attach such conditions as he or she deems appropriate to such a prior consent.

(7) In subsection (6) of this section—

‘interest’ means any estate, right, title or other interest, legal or equitable and includes a licence;

‘transfer’ includes grant, demise and assign or, as appropriate, a grant, demise and an assignment.”.