Gas Act 1976

Extinguishment of public right of way.


39. (1) F83[A person, including the Board, who has been given a consent under this Act] may, with the approval of the Minister given after consultation with the Minister for Local Government, by order extinguish a public right of way, but an order made under this section shall be published in the manner specified in regulations made by the Minister and the Minister shall not approve the order unless—

(a) he has caused an oral hearing to be held and has considered any objections to the order duly made within the period prescribed for the purposes of this subsection and not withdrawn and the report of the person who held the hearing, and

(b) he is satisfied that the extinguishment is necessary for the construction, maintenance, repair, replacement or safety of a pipeline or pipeline terminal.

(2) Subsection (1) of this section shall not apply to a public right of way over land acquired compulsorily by the Board F84[or any other person under this Act].




Substituted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 23(1)(i)(i), commenced on enactment.


Inserted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 23(1)(i)(ii), commenced on enactment.

Modifications (not altering text):


Functions transferred and references construed (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 7(1), (2), (7) and sch., commenced on enactment, subject to transitional provisions in subss. (3)-(6).

Transfer of functions from Minister to Commission.

7.—(1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred on the appointed day to the Commission.

(2) The functions vested in the Minister by or under each of the provisions mentioned in column (3) of the Schedule to this Act of the enactments mentioned in column (2) opposite the mention of that provision are transferred to the Commission on the appointed day.


(7) References to the Minister in an Act or an instrument (including a licence granted or consent given thereunder) relating to any functions transferred by this Act to the Commission shall be construed, on and after the appointed day, as references to the Commission.



Section 7.

Functions under Acts transferred from Minister to Commission

Number and Uear

Short Title





No. 30 of 1976

Gas Act 1976


Section 39 (insofar as the functions relate to the provision of distribution or transmission pipelines)





Editorial Notes:


Previous affecting provision: references to the "Board" construed as referring to the "ITO" (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 38(2)(a)(iv), in effect as per regs. 1(2) and 12; revoked (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 29(1)(d). Note: notice in accordance with European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 12 appears not to have been published.