Gas (Interim) (Regulation) Act 2002

Interpretation.

2

2. —(1) In this Act—

“Act of 1993” means Gas (Amendment) Act, 1993;

“Act of 1995” means Energy (Miscellaneous Provisions) Act, 1995;

“Act of 1999” means Electricity Regulation Act, 1999:

“Act of 2000” means Gas (Amendment) Act, 2000;

“appointed day” means the day appointed by the Minister for the purposes of this Act;

“Board” means Board Gáis Éireann;

“Commission” means Commission for Energy Regulation;

“customer” in relation to natural gas, means wholesale or final customers of natural gas and natural gas undertakings which purchase natural gas;

F1[Directive means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 20092 as amended by Directive (EU) 2019/692 of the European Parliament and of the Council of 17 April 20191;]

“distribution” in relation to natural gas, means the transport of natural gas through local or regional pipelines with a view to its delivery to customers;

“distribution pipeline” means a pipeline used or intended to be used for the distribution of natural gas in accordance with such criteria as may be specified by the Commission, from time to time, and includes part of such a pipeline, and includes any apparatus, equipment or other thing which is ancillary to such a pipeline;

F2[distribution system, in relation to natural gas, means a system for the transport of natural gas through local or regional pipelines with a view to its delivery to customers;]

“final customer” in relation to natural gas, means a consumer purchasing natural gas for his or her own use;

“functions” includes powers and duties;

F3[]

F4[LNG means liquefied natural gas;]

F2[ LNG facility has the meaning assigned to it in point 11 of Article 2 of the Natural Gas Directive;]

“Minister” means Minister for Public Enterprise;

F5[National Gas Emergency Manager means the person appointed under section 19B(5);]

F5[Natural Gas Emergency Plan means the plan referred to in section 19B(1) as amended from time to time;]

“natural gas licence” means a licence granted under section 16 ;

F6[Natural Gas Regulation means Regulation 715/2009 of the European Parliament and of the Council of 13 July 20094;]

“natural gas system” means the system of pipelines and liquefied natural gas and storage facilities, excluding upstream pipelines, used for the transmission, distribution, storage and supply of natural gas to, from or within the State;

F7[natural gas undertaking has the same meaning as in the Directive;]

“pipeline” has the same meaning as in section 2 (as amended by section 23 ) of the Gas Act, 1976;

“shipping” in relation to natural gas, means the introduction into, the conveyance by means of, or take off from the natural gas system of natural gas by persons other than the operator of the relevant pipeline or facility being used for the purpose of introducing, conveying or taking off the natural gas;

“storage” in relation to natural gas, means the stocking of natural gas by a natural gas undertaking but does not include any natural gas in a pipeline under the control of that undertaking;

“supply” in relation to natural gas, means the delivery or sale of natural gas, including liquefied natural gas, to customers and includes shipping;

F7[transmission in relation to natural gas, means the transport of natural gas through a high pressure pipeline, other than an upstream pipeline with a view to delivering the gas to customers;]

“transmission pipeline” means a pipeline used or intended to be used for the transmission of natural gas in accordance with such criteria as may be specified by the Commission, from time to time, and includes part of such a pipeline, and includes any apparatus, equipment or other thing which is ancillary to such a pipeline;

F2[transmission system, in relation to natural gas, means a system for the transport of natural gas through a high pressure pipeline, other than an upstream pipeline, with a view to delivering natural gas to customers;]

“upstream pipeline” means any pipeline operated or constructed as part of a gas production project, or used to convey natural gas from one or more such projects to a processing plant or terminal or final coastal landing terminal.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act.

Annotations:

Amendments:

F1

Substituted (13.03.2020) by European Union (Internal Market in Natural Gas) Regulations 2020 (S.I. No. 83 of 2020), reg. 10.

F2

Inserted (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 27(a)(ii), (iii), (iv).

F3

Deleted (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 27(a)(i).

F4

Inserted (20.07.2004) by European Communities (Internal Market in Natural Gas) (No. 2) Regulations 2004 (S.I. No. 452 of 2004), reg. 4(2)(a).

F5

Inserted (17.10.2007) by European Communities (Security of Natural Gas Supply) Regulations 2007 (S.I. No. 697 of 2007), reg. 2.

F6

Inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 41(a)(ii).

F7

Substituted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 41(a)(iv), (v).

Editorial Notes:

E1

Previous affecting provision: definition of "directive" substituted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 41(a)(iii); substituted (13.03.2020) as per F-note above.

E2

Previous affecting provision: definition of "ITO" inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 41(a)(i); deleted (19.01.2015) as per F-note above.

E3

Previous affecting provision: definition of "directive" substituted (20.07.2004) by European Communities (Internal Market in Natural Gas) (No. 2) Regulations 2004 (S.I. No. 452 of 2004), reg. 4(2)(b); substituted (1.12.2011) as per E-note above.