Energy (Miscellaneous Provisions) Act 2006

Amendment of section 10A of Act of 1976.

17.— (1) Section 10A of the Gas Act 1976 is amended by the substitution for subsection (2) of the following subsection:

“(2) (a) Subject to subsection (7) and subject to such exemptions as may be granted in accordance with Article 22 of the Directive, where an application is received for third party access from or on behalf of an eligible customer in respect of a downstream facility operated by a person licensed under section 16 of the Gas (Interim) (Regulation) Act 2002 , the facility operator shall offer to enter into an agreement for such access, subject to terms and conditions specified in directions issued by the Commission under subsection (5).

(b) In paragraph (a), ‘ eligible customer ’ means—

(i) the holder of a natural gas licence under section 16 of the Gas (Interim) (Regulation) Act 2002 , for the purpose of carrying out any activity for which the holder is licensed,

(ii) the holder of a petroleum lease under section 13 of the Petroleum and Other Minerals Development Act 1960 , for the purpose of carrying out any activity connected with the lease,

(iii) a person in respect of whom an order has been made under section 2(1) of the Gas (Amendment) Act 1987 , for the purpose of carrying out the functions conferred on the person by the order,

(iv) a person who operates a gas-fired generating station, irrespective of its annual consumption level, for the purpose of providing energy for the generation of electricity at that station,

(v) a customer purchasing natural gas which is not exclusively for his or her household use, and

(vi) subject to the provisions of section 17 (2) of the Energy (Miscellaneous Provisions) Act 2006, with effect from the coming into operation of this paragraph, any person.”.

(2) (a) Subject to the provisions of this subsection, subparagraph (vi) of section 10A(2)(b) of the Gas Act 1976 (inserted by subsection (1)) shall come into operation on—

(i) such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different provisions or different purposes and in particular the Minister may in any such order under this section specify or delimit a geographical area as respects which the order is to apply, or

(ii) to the extent that subparagraph (vi) has not previously been commenced, the 1st day of July 2007,

whichever is the earlier.

(b) Before making an order under paragraph (a)(i) the Minister shall consult the Commission which shall indicate to the Minister whether, in its opinion, the making of such an order would be in the best interests of the natural gas market and natural gas consumers in the State generally or any part of the State.