Gas (Interim) (Regulation) Act 2002

Number 10 of 2002

GAS (INTERIM) (REGULATION) ACT 2002

REVISED

Updated to 6 June 2023

This Revised Act is an administrative consolidation of the Gas (Interim) (Regulation) Act 2002. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Regulated Professions (Health and Social Care) (Amendment) Act 2023 (14/2023), enacted 6 June 2023, and all statutory instruments up to and including the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) (Amendment) Regulations 2023 (S.I. No. 305 of 2023), made 6 June 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 10 of 2002


GAS (INTERIM) (REGULATION) ACT 2002

REVISED

Updated to 6 June 2023


ARRANGEMENT OF SECTIONS

Section

1.

Short title, collective citation and construction.

2.

Interpretation.

3.

Appointed day.

4.

Laying of regulations and orders.

5.

Commission for Energy Regulation.

6.

Functions of Commission.

7.

Transfer of functions from Minister to Commission.

8.

Code of conduct.

9.

Declaration of interests.

10.

Disclosure of interests.

11.

Functions of Board Gáis Éireann.

12.

Construction of pipelines.

13.

Code of operations.

14.

Transmission of natural gas by pipeline operators on behalf of other persons.

15.

Directives as to profits and financial objectives of Board Gáis Éireann.

16.

Natural gas licences.

17.

Unbundling of accounts of natural gas undertakings.

18.

Authorised officers.

19.

Gas capacity statement.

19A.

Security of Supply.

19B.

National security measures for natural gas.

20.

Provision of information.

21.

Public service obligations.

21A.

Supplier of last resort.

21B.

Shipper of last resort.

21C.

Consumer Protection. (Repealed)

21D.

Resolution of Disputes. (Repealed)

22.

Funding of Commission.

23.

Miscellaneous amendments.

24.

Revocation.

SCHEDULE

Functions under Acts transferred from Minister to Commission


Acts Referred to

Companies Acts, 1963 to 2001

Continental Shelf Act, 1968

1968, No. 14

Electricity Regulation Act, 1999

1999, No. 23

Electricity Regulation Acts, 1999 and 2000

Energy (Miscellaneous Provisions) Act, 1995

1995, No. 35

Freedom of Information Act, 1997

1997, No. 13

Gas Act, 1976

1976, No. 30

Gas Acts, 1976 to 2000

Gas (Amendment) Acts, 1987

1987, No. 9

Gas (Amendment) Act, 1993

1993, No. 7

Gas (Amendment) Acts, 2000

2000, No. 26

Harbours Act, 1946

1946, No. 9

Harbours Act, 1996

1996, No. 11

Petroleum and Other Minerals Development Act, 1960

1960, No. 7


Number 10 of 2002


GAS (INTERIM) (REGULATION) ACT 2002

REVISED

Updated to 6 June 2023


AN ACT TO PROVIDE FOR THE REGULATION OF THE GAS SECTOR IN THE STATE BY THE COMMISSION FOR ENERGY REGULATION AND FOR THAT PURPOSE TO TRANSFER TO IT CERTAIN FUNCTIONS OF THE MINISTER FOR PUBLIC ENTERPRISE, TO PROVIDE FOR THE CHANGE OF NAME OF THE COMMISSION FOR ELECTRICITY REGULATION, TO AMEND AND EXTEND THE GAS ACTS, 1976 TO 2000, THE ELECTRICITY REGULATION ACTS, 1999 AND 2000, AND TO GIVE EFFECT TO DIRECTIVE 98/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 22 JUNE 1998 AND TO PROVIDE FOR RELATED MATTERS. [10th April, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Application of Act restricted (29.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

...

...

...

10

2002

Gas (Interim) (Regulation) Act 2002

...

...

...

C2

An authorisation, application etc. issued under Act continued in force (20.07.2004) by European Communities (Internal Market in Natural Gas) (No. 2) Regulations 2004 (S.I. No. 452 of 2004), reg. 3.

Saver

3. An authorisation, application, licence, designation, decision, determination, direction, consent, notice, notification, order or regulation made, granted or issued under the Gas Act 1976, the Act of 1999 or the Act of 2002 in force immediately before the making of these Regulations continues in force after such making as if made, granted or issued under the Act concerned as amended by these Regulations.