S.I. No. 196/2003 - Gas (Amendment) Act 1987 (Section 2) (Distribution) Order 2003

The Commission for Energy Regulation considering it appropriate that functions corresponding to certain functions of the Dublin Gas Company be conferred on the Irish Gas Board and, in respect of each of certain other functions, being of the appropriate opinion as specified in paragraph (b) or (c) of section 2 (1) of the Gas (Amendment) Act 1987 (No. 9 of 1987), hereby, in exercise of the powers conferred on it by the said section 2(1), order as follows:

Citation.

1.

Commencement.

2.

Interpretation.

3.

“the Act of 1976” means the Gas Act 1976 (No. 30 of 1976);

“the Act of 1987” means the Gas (Amendment) Act 1987 (No. 9 of 1987);

“the Act of 2002” means the Gas (Interim) (Regulation) Act 2002 (No. 10 of 2002);

“authorised distributor” means any person other than the Board in respect of which an order has been made under Section 2(1) of the Act of 1987 conferring functions in relation to gas distribution in a relevant area;

“the Board” has the same meaning as it has in the Act of 1976; 1976.

“building” includes a dwelling and any part of a building which is self-contained but does not include the exterior walls of any building which abut land;

“Commission” means the Commission for Energy Regulation;

“distribution system” means a system made up of distribution pipelines in accordance with such criteria as may be specified by the Commission from time to time pursuant to the Act of 2002;

“final customers” shall have the meaning given to it by the Act of 2002;

“functions” includes powers, duties, rights and obligations and references to the performance of functions include, as respects powers, duties, rights and obligations, references to the exercise of the powers and rights and the carrying out of the duties and obligations;

“gas connection” means pipeline(s) or any part thereof connecting the gas main to a gas point for the purposes of the supply of gas (whether or not gas is so supplied);

“gas fitting” means any appliance, apparatus or other thing including associated flueing and ventilation equipment which is used in connection with the consumption or use of gas whether the gas fitting is the property of the Board or of some other person;

“gas point” means the point at which gas is offtaken from the distribution system for the purposes of supply direct to a particular final customer's premises;

“land” includes roads, land covered with water and the exterior walls of any building which abut land but does not otherwise include land covered by buildings;

“owner” in relation to land or buildings, means a person other than a mortgagee not in possession, who, whether in his own right or as a trustee or agent for any other person, is entitled to receive the rack rent of the land or building, as the case may be, or, where the land or building is not let at a rack rent, would be so entitled if it were so let;

“pipeline” means a pipeline used or intended to be used for the transmission or distribution of gas by the Board by virtue of the Act of 1987 and/or the supply or sale of gas by a supplier and includes any part of a pipeline, gas main, service pipe, installation pipe and any apparatus, equipment or other thing which is ancillary to such a pipeline including a gas meter;

“public holiday” shall be construed in accordance with the Schedule to the Organisation of Working Time Act 1997 (No. 20 of 1997);

“regulatory requirements” means any applicable provisions of the Gas Acts 1976-2002, any secondary legislation made thereunder, any licence granted to the Board pursuant to any such legislation, any code of operations to which the Board is subject (whether its own or that of another holder of a licence under Section 16(1) of the Act of 2002), any obligation, direction or requirement (howsoever designated) imposed on or given to the Board pursuant to any such legislation, licence or code and any requirements of the Commission pursuant to this Order;

“relevant area”, in relation to a function, means any area specified in the first column of the Schedule to this Order in respect of which a reference to the function is specified in the second column of that Schedule opposite the area so specified;

“road” includes a street, pathway, verge, or bridge;

“road authority” means the council of a county, the corporation of a county or other borough, or the council of an urban district;

“supplier” means a person which supplies or sells gas to any person within a relevant area pursuant to an order made under Section 2(1) of the Act of 1987 or a supply licence (including pursuant to a supplier of last resort direction as defined in such supply licence);

“supply licence” means a licence granted by the Commission under Section 16(1)(a) of the Act of 2002;

“transmission system” means a system made up of transmission pipelines in accordance with such criteria as may be specified by the Commission from time to time under the Act of 2002; and

“working day” means a day other than a Saturday, Sunday or a day that is a public holiday.

• (2) In this Order, unless the context otherwise requires, references to cutting off a gas connection or analogous references shall include a reference to any such means of physical isolation of the gas connection in order to prevent gas flows to the meter as the Board acting reasonably shall consider appropriate in the circumstances.

• (3) References in this Order to an enactment shall include any modification or re-enactment thereof or any successor or replacement enactment therefor.

Conferment of functions on Board.

4.

• (2) Notwithstanding the provisions of paragraph (1) of this Article and the areas specified in the first column of the Schedule to this Order, where the functions set out in Article 13, 14 (in so far as it relates to the said Article 13) or 17 of this Order apply in a relevant area by virtue of the provisions as aforesaid, then those functions shall also apply up to 400 metres outside the relavant area.

Power to transmit and distribute gas.

5.

• (2) The Board shall give notice in writing to the Commission (in this Article referred to a “gas connection notification”) before:

• (a) entering, or offering to enter, into any contractual commitment to provide, or to provide any gas transportation services to; or

• (b) entering into negotiations (save for the purposes of obtaining any information required to complete a gas connection notification), or undertaking any financial commitment, in relation to, or

• (c) providing,

any gas connection or any group of related gas connections pursuant to the Board's functions under this Order which meet such criteria as may be notified in writing by the Commission to the Board from time to time (in this Article referred to as “relevant gas connection(s)”).

• (3) A gas connection notification must contain the following information:

• (a) the name and address of the party or parties who require the relevant gas connection(s);

• (b) the approximate number and type of the relevant gas connection(s);

• (c) the location and distance of each relevant gas connection from the existing gas main;

• (d) the Board's estimate of the date when construction work on the relevant gas connection(s) is due to start;

• (e) the date on which the relevant gas connection(s) are required to be operative; and

• (f) any such other information regarding the relevant gas connection(s) as the Commission may request.

• (4) Any contract entered into by the Board to provide relevant gas connection(s) or to provide gas transportation services to relevant gas connection(s) (in this Article referred to as a “relevant gas contract”) shall include a term entitling any party to the relevant gas contract other than the Board to terminate the relevant gas contract without penalty at any time on or before the relevant date provided that on or following such termination the terminating party of parties shall enter into a contract with an authorised distributor to provide the relevant gas connection(s) or to provide gas transportation services to the relevant gas connection(s). This paragraph (4) shall not prevent the Board from including a term in any relevant gas contract entitling the Board to recover from the terminating party or parties its reasonable costs incurred in relation to the relevant gas connection(s) up to the date of the termination. In this paragraph “relevant date” shall mean one month before the later of the date referred to in subparagraph (d) of paragraph (3) and the date on which construction work on the relevant gas connection(s) is due to start.

• (5) The Board shall comply with the regulatory requirements in carrying out its functions under this Order.

Use of meters, etc.

6.

• (2) The Board shall provide such metering and data services to suppliers as may be required by the regulatory requirements.

• (3) Where the gas is delivered through a meter the register of that meter shall be prima facie evidence of the quantity of gas delivered and in respect of which a charge is made, and sought to be recovered, by the Board.

• (4) The Board shall provide daily metering at each point where gas is offtaken from the transmission system for the purposes of delivery to a relevant area and shall use of the resultant data in processes (including nomination, allocation and balancing) in accordance with such requirements in relation with such provision and use as the Commission may from time to time specify in writing.

Power to sell, hire, install, repair, etc., gas fittings.

7.

• (2) In this Article, the words “hire-purchase agreement” and “credit-sale agreement” shall each be construed in accordance with the Consumer Credit Act 1995.

General safety.

8.

• (2) Where the Board is of the opinion that the provision of a new gas connection or the continuation of an existing gas connection would give rise to an abnormal risk affecting the safety of persons, land, buildings or other property, then the Board shall refuse, as appropriate, to provide the new gas connection or to continue to provide the existing gas connection.

• (3) The Board shall at all times exercise the practices and standards of a prudent gas undertaking including, but not confined to, the following:

• (a) adequate emergency and repair facilities,

• (b) adequate training of staff,

• (c) adequate odorisation of gas,

and shall have regard to relevant international standards and practices.

• (4) The Board shall carry out any such other functions in relation to gas safety as may be required by the regulatory requirements.

General provisions relating to pipelines on land, etc.

9.

• (a) open and break up any land for the purpose of placing pipelines in or under any land and for any of the purposes set out in paragraph (3) of this Article, and

• (b) do all other acts in relation to pipelines on land which, in the opinion of the Board, are necessary for the safe and efficient transmission, distribution and supply of gas.

• (2) In relation to the placing or laying down of any pipeline in or under any land for the first time, nothing in this Article shall be construed as authorising the Board to lay down or place such pipeline otherwise than in accordance with all relevant statutory requirements and, except in the case where land is comprised of a road the responsibility for the maintenance of which rests with a road authority, unless either—

• (a) consent thereto is given—

• (i) where the land is occupied, by the occupier of that land where he appears to the Board to be legally entitled to give the relevant consent in respect of that land or, where the occupier does not so appear, by such person as appears to the Board to be legally entitled to give the relevant consent,

• (ii) where the land is occupied by the owner of that land,

or

• (3)

• (a) A person duly authorised by the Board in that behalf may enter any land, at any reasonable time and with such equipment as may be appropriate in the circumstances, for the purpose of inspecting, testing, maintaining, repairing, altering, replacing or removing any pipeline which has already been laid down and which is the responsibility of the Board (including for the purposes of carrying out any functions pursuant to Article 8 of this Order).

• (b) Nothing in this paragraph shall be construed as authorising the Board to open and break up any land which consists of an exterior wall of a building unless, in repsect of the wall, either—

• (i) consent to the opening or breaking up is given by the person who could so consent, under paragraph (2) of this Article, were a pipeline being laid down or placed there for the first time, or

• (ii) a right is acquired by the Board in accordance with sections 31 and 32 of the Act of 1976.

• (4) Nothing in this Article shall be construed as affecting any relevant statutory requirement concerning consent to the opening and breaking up of any land.

Notices, etc., in respect of opening and breaking up of land.

10.

• (a) in every case other than in an emergency—

• (i) give not less than 5 working days' notice to the appropriate person of its intention to open and break up such land, and

• (ii) comply with any reasonable requirement of the appropriate person,

and

• (b) in the case of an emergency, notify the appropriate person not later than the next working day after the commencement of the opening and breaking up of such land and, where the work is not completed by that day, comply with any reasonable requirement of the appropriate person.

• (2) When the Board causes any land to be opened or broken up, it shall, as soon as is practicable and subject to the need to ensure (as far as is practicable) the safety of mpersons and property, cause the following to be done, that is to say—

• (a) the completion of the work,

• (b) the reinstatement or making good of the land, and

• (c) the removal of the spoil and rubbish occasioned by the work.

• (3) Nothing in this Article shall be construed as affecting any other relevant statutory requirement concerning the giving of notice to any other person.

• (4) In this Article “appropriate person” means—

• (a) where the land is comprised of a road the responsibility for the maintenance of which lies with a road authority, the road authority,

• (b) in any other case—

• (i) where the land is occupied, the occupier of that land where he appears to the Board to be legally entitled to be given the relevant notice in respect of that land or, where the occupier does not so appear, such person as appears to the Board to be legally entitled to be given the relevant notice,

• (ii) where the land is unoccupied, the owner of that land.

Entry of buildings on behalf of Board.

11.

• (a) for inspecting or testing any pipeline or gas fitting in the building,

• (b) for maintaining, repairing, installing, altering, replacing or removing any pipeline or gas fitting which is the property of the Board or to the extent that the Board otherwise has obligations under the regulatory requirements in respect thereof for the purposes of fulfilling those obligations,

• (c) for ascertaining from any meter the quantity of gas consumed from or supplied by a supplier and for the purposes of carrying out any metering and data services as described in Article 6 of this Order,

• (d) for collecting money from any prepayment meter for gas consumed from or supplied by a supplier,

• (e) for cutting off the gas connection in accordance with this Order,

• (f) if the gas connection has been duly cut off, for ensuring that the gas connection has not been reconnected otherwise than with the approval of the Board or the relevant supplier as the case may be,

• (g) for doing any other thing reasonably incidental to the foregoing provisions of this Article or necessitated by this Order.

• (2) Before an authorised person enters a building for any of the purposes set out in paragraph (1) of this Article he shall either—

• (a) obtain the consent of a person who he reasonably believes is entitled to consent to such entry, or

• (b) give to the occupier of the building (where it is occupied) or to the owner thereof (where it is unoccupied) not less than 14 days notice in writing of his intention to make the entry for a specified purpose.

• (3) A person to whom a notice of intention to enter the building for a specified purpose has been given under this Article by an authorised person may, not later than 14 days after the giving of such notice, apply, on notice to the Board, to the Judge of the District Court having jurisdiction in the district court district in which the building is situate for an order prohibiting the entry for that purpose, and, upon the hearing of the application, the Judge may, if he so thinks proper, either wholly prohibit the entry for that purpose or specify conditions to be observed by the authorised person making the entry.

• (4) Where a Judge of the District Court prohibits under this Article a proposed entry of the building, it shall not be lawful for any person to enter under paragraph (1) of this Article into the building by virtue of, and for the purpose specified in, the notice unless the occupier or the owner concerned (as the case may be) subsequently consents, and where a Judge of the District Court specifies under this paragraph conditions to be observed by persons entering the building, every person who enters that building by virtue of those conditions shall observe them.

• (5) Nothing in paragraph (1)(b) of this Article shall be construed as authorising the removal from any building concerned of any of the Board's property to which the said paragraph (1)(b) relates and which is subject to the provisions of the Consumer Credit Act 1995 otherwise than in accordance with that Act.

Cutting off of gas connection, etc.

12.

• (2) Where gas is being supplied to any building, the Board shall promptly cause the gas connection to such building to be cut off if the supplier of gas to such building instructs the Board in writing to do so in accordance with the terms of the order under Section 2(1) of the Act of 1987 conferring functions on that supplier in relation to the sale or supply of gas.

• (3) Where gas is being supplied to any building, the Board may cause the gas connection to such building to be cut off:

• (a) at any time without notice when a peson duly authorised by the Board in that behalf is of the opinion that the continued supply of gas to such building would be likely to give rise to an abnormal risk affecting the safety of any person, land, building or other property or that it is otherwise necessary to cause such gas connection to be cut off in order for the Board to fulfil its functions pursuant to Article 8, or

• (b) whenever such gas connection has been reconnected without the Board's approval after having been duly cut off in accordance with this Article 12(3), or

• (c) whenever entry (being entry to such building or any land within the curtilage of such building in accordance with, and for the purposes of, an applicable provision in any other Article of this Order) is refused to a person duly authorised by the Board to make such an entry.

• (4) Where the circumstances of a case are such that the provisions of subparagraph (c) of paragraph (3) of this Article apply thereto but the provisions of paragraph (2) of this Article and subparagraphs (a) and (b) of paragraph (3) of this Article, or any of them, do not also apply to the case, then, except where Article 13 of this Order applies to the case, the Board shall not cut off the gas connection to the building concerned until a person authorised by the Board in accordance with and for the purposes of Article 11 would be entitled by virtue of that Article to enter that building.

• (5) Where the gas connection to a building has been cut off in accordance with paragraph (2) of this Article the Board shall be entitled to recover from the relevant supplier the cost to the Board of cutting off that gas connection.

• (6) Where the gas connection to a building has been cut off in accordance with this Article the Board shall promptly inform the relevant supplier that the gas connection has been cut off and if the gas connection has been cut off pursuant to paragraph (3) of this Article of the circumstances in which the gas connection has been cut off.

Exercise of powers in relation to safety of public or property.

13.

Provided that the authorised person may only so enter, inspect and take such measures as aforesaid where he is of the opinion that there is or may be a danger to any person, land, building or other property arising from the use, misuse or leakage of gas or defects in any pipeline or gas fitting.

• (2) Without prejudice to the generality of paragraph (1) of this Article, an authorised person may, in exercising powers under that paragraph—

• (a) by direction, order persons to evacuate premises,

• (b) by direction, order persons to perform, or refrain from performing any act if, in his opinion, the performance or non-performance of such act (as the case may be) is necessary in order to alleviate, or prevent the escalation of, the danger,

• (c) search for gas leaks or escaped gas,

• (d) carry out any works necessary to avert, mitigate or eliminate the danger, and

• (e) cut off the gas connection without notice.

Security of land or building entered.

14.

Reports on safety, etc., to Commission.

15.

• (a) a general description of the conditions of pipelines in each of the relevant areas to which this Article relates,

• (b) details of extensions and repairs to, and replacements of, those pipelines,

• (c) details of the number, causes and types of gas leaks reported to or detected by or on behalf of the Board from those pipelines or from gas fittings in each of the relevant areas, and

• (d) such other matters relating to safety in respect of those pipelines or gas fittings as the Commission may, from time to time, require to be included in such a report or which, in the opinion of the Board, ought to be so included,

and the report shall be so submitted as soon as possible after the relevant period.

• (2) The Board shall, in respect of the exercise of any functions for the purposes of this Order, supply the Commission with such information relating to safety as it may from time to time request.

Safety investigations for Commission.

16.

Incidents, reports, investigations, etc.

17.

• (a) the death of any person, or

• (b) injury to any person which requires medical attention to be given to such person in hospital other than as an out-patient, or

• (c) loss or damage to any building, land or other property, where in the opinion of the Board the aggregate value of such loss or damage is in excess of €6,348.69,

then the Board shall report the incident to the Commission as soon as possible thereafter and, where the Commission has indicated to the Board the form in which any such report is to be, the report shall be in that form.

• (2) Where an incident occurs to which paragraph (1) of this Article applies, the Board may, and where the Commission so directs shall, appoint (with the consent of the Commission) one or more than one person (in this Article referred to as “an investigator”), who by virtue of experience, qualifications and independent standing, appears to be suitable, to carry out an investigation into, and to report to the Commission on the causes of, the incident and make such recommendations as appear to him to be necessary in the circumstances.

• (3) The Board shall co-operate fully with an investigator and shall make available to him all relevant records, items and evidence in its possession or under its control as he may request.

• (4) Where an incident occurs to which paragraph (1) of this Article applies and in respect of the indcident—

• (a) before the appointment of an investigator, the Board or the Commission, or

• (b) after the appointment of an investigator, the investigator,

is of the opinion that any building, land or other property (or any part thereof) in respect of which the incident occurred ought to be preserved for the purposes of an investigation under this Article and, in a case to which the opinion of the Commission or the investigator relates, the Board has been informed of that opinion, then a person authorised by the Board in that behalf (in this Article referred to as “an authorised person”) shall, as far as is practicable, take all the necessary measures to preserve such building, land or other property (or any part thereof as aforesaid) for such length of time as is appropriate in the circumstances for the purposes of the investigation.

• (5) Without prejudice to the generality of paragraph (4) of this Article, an authorised person may, in exercising powers under that paragraph, by direction order persons (including the owner and, where appropriate, the occupier of the property concerned) to perform or refrain from performing any act if, in his opinion, the performance or non-performance of such act (as the case may be) is necessary in order to preserve the property concerned.

• (6) The Board may at any time submit a report to the Commission on any incident or series of incidents involving gas which has been transmitted or distributed by virtue of this Order and to which paragraphs (1) to (5) of this Article do not apply where, in the opinion of the Board, it is desirable that such a report be submitted to the Commission.

• (7) Where the Commission is of the opinion that it requires—

• (a) in the case of an incident involving gas to which paragraph (2) of this Article relates, an interim report thereon, or

• (b) in the case of an incident or series of incidents involving gas to which the said paragraph (2) does not relate, a report thereon,

as a matter of urgency because of the nature of the incident or incidents concerned, then the Board shall, upon being informed of that opinion, immediately prepare or cause to be immediately prepared such an interim report or report, as the case may be, and shall submit it to the Commission without delay.

Codes of practice and standards.

18.

• (2) Where the Board is of the opinion—

• (a) that any code of practice or standard (whether prepared by the Board or otherwise) ought to apply, with or without modification, to the Board for the purpose of paragraph (1) of this Article, or

• (b) that any notice under paragraph (1) of this Article, ought to be withdrawn, replaced, revised, supplemented or amended,

the Board shall advise the Commission accordingly in writing giving it all relevant details in respect of the matter.

• (3) Nothing in this Article shall be construed as affecting any obligation of the Board by virtue of the Industrial Research and Standards Act 1961.

Records, maps, etc.

19.

• (2) The Board shall for each relevant area to which this Article applies—

• (a) make and maintain maps showing the position of all pipelines (including any such pipeline which has been abandoned after the commencement of this Article),

• (b) in respect of any pipeline which was abandoned before the commencement of this Article and to which subparagraph (a) of this paragraph would apply had the pipeline not been so abandoned, maintain (where appropriate on the relevant map or maps to which the said subparagraph (a) relates) information on such pipeline which is contained in a map, or otherswise is or was, in the possession or under the control of the Board, and

• (c) make and maintain such other records of those pipelines as are necessary for the safe and efficient operation of a gas transmission system and a gas distribution system.

• (3) The Board shall ensure that all records (including maps) required to be made by virtue of this Article or otherwise are maintained in a form such that they may be conveniently retrieved for analysis by the Board or by any person appointed under Article 16 or 17 of this Order.

• (4) In respect of the maps made or maintained by the Board in accordance with paragraph (2) of this Article, a supplier, and any other person having a reasonable interest in knowing of the presence or otherwise of the pipelines within an area, shall be premitted by the Board to inspect the relevant map or maps, as the case may be.

• (5) The Commission shall determine any dispute as to whether a person has a reasonable interest for the purposes of paragraph (4) of this Article.

Offences

20.

• (2) Where an offence under this Order is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer or any person purporting to act in such capacity shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

SCHEDULE

Article 4 (1)

Area of application	Functions applicable
So much of the administrative county of Galway as lies within a radius of 10 km of Ceannt Station, Galway.	All functions contained in this Order.
So much of the administrative county of Galway as lies within a radius of 5 km of the An Post building, St. Michael Square, Ballinasloe (the "Ballinasloe Radius").	All functions contained in this Order.
So much of the administrative county of Westmeath and the administrative county of Galway as lies within a radius of 5 km of Town Bridge (over the Shannon), Athlone (the "Athlone Radius").	All functions contained in this Order.
So much of the administrative county of Offaly as lies within a radius of 5 km of Kilbeggan Bridge (over the Grand Canal), Tullamore (the "Tullamore Radius").	All functions contained in this Order.
So much of the administrative county of Offaly as lies within a 4 km radius of The Square, Clara (the "Clara Radius").	All functions contained in this Order.
So much of the administrative county of Westmeath as lies within a 5 km radius of Market House, Pearse Street, Mullingar (the "Mullingar Radius").	All functions contained in this Order.
The area of 1km on either side of the gas pipeline route between:	All functions contained in this Order.
	(a) the Board's above ground installation in the townland of Gaybrook Demesne, County Westmeath, west to the regional road R400 and north along the regional road R400, to the Mullingar Radius;
	(b) the Board's above ground installation in the townland of Ories, County Westmeath, west along the national road N6, to the Athlone Radius;
	(c) the Board's above ground installation in the townland of Ories, County Westmeath, west along the national road N6, to the Athlone Radius;
	(d) the Board's above ground installation in the townland of Donore Cross, County Westmeath, south along the regional road R391, to the Clara Radius; and
	(e) the Clara Radius to the Tullamore Radius along the national road N80.
---	---
	SEALED with the common seal of the Commission for Energy Regulation on the 20th day of May 2003.
	TOM REEVES, Member of Commission. EUGENE COUGHLAN, Member of Staff of Commission.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order confers on Board Gáis éireann powers, duties, rights and obligations necessary to enable it to engage in the business of natural gas transmission and distribution in the areas specified in the Schedule.