Gas Act 1976

F39[Extension of powers of Bord Gáis Éireann to effect certain commercial transactions.

8A

8A. (1) In this section "company" means

(a) a company within the meaning of the Companies Act, 1963, or

(b) a body formed or established under the laws of a state other than the State and corresponding to a body referred to in paragraph (a) of this subsection.

(2) The Board may promote and take part in the formation or establishment of a company.

(3) The Board may acquire, hold and dispose of shares or other interests in a company and become a member of a company.

(4) The Board may exercise total or partial control of the composition of the board of directors of, or other authority, by whatever name called, that controls or manages a company.

(5) The Board may

(a) lend or advance money upon such terms and conditions as it may determine, and

(b) (i) guarantee in such form and manner and on such terms and conditions as it thinks fit, the due repayment by any person of the principal of any moneys (including moneys in a currency other than the currency of the State) borrowed by the person or the payment of interest on such moneys or both the repayment of the principal and the payment of the interest and any such guarantee may include a guarantee of payment of incidental expenses arising in connection with such borrowings and may be a guarantee of payment of a promissory note made by any person or a bill of exchange drawn or accepted by any person,

(ii) otherwise give guarantees or indemnities in respect of any obligation of, or contract entered into by, any person,

where such lending or advancing of money, or other activity aforesaid appears to the Board to be requisite, advantageous or incidental to, or appears to the Board to facilitate, the performance by it of any function under this Act.

F40[(6) The exercise by the Board of any power conferred on it by this section shall be subject to the prior written consent of the majority-shareholding Minister after consultation with any other Minister of the Government who, in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister, ought to be consulted.]]

F41[(7) Without prejudice to the exercise by the Board of any of its functions, a subsidiary of the Board formed or established under this section or under any enactment may exercise such and so many of the Board’s functions as are provided for in the memorandum and articles of association of the subsidiary.]

Annotations

Amendments:

F39

Inserted (3.07.1991) by Energy (Miscellaneous Provisions) Act 1995 (35/1995), s. 8(1), in effect as per s. 8(2)(a).

F40

Substituted (23.11.2015) by Gas Regulation Act 2013 (39/2013), s. 32(g), S.I. No. 520 of 2015.

F41

Inserted (23.11.2015) by Gas Regulation Act 2013 (39/2013), s. 32(g), S.I. No. 520 of 2015.

Modifications (not altering text):

C12

Functions transferred and references to "Ervia" construed (1.06.2024) by Gas (Amendment) and Miscellaneous Provisions Act 2024 (11/2024), s. 11, S.I. No. 208 of 2024.

Transfer day

6. (1) The Minister shall by order appoint a day to be the transfer day for the purposes of this Act.

(2) On and from the transfer day Ervia (in this Act referred to as the “dissolved body”) shall stand dissolved.

...

Transfer of functions

11. (1) On the transfer day, all functions that, immediately before the transfer day, were vested in the dissolved body shall stand vested in Gas Networks Ireland.

(2) References in any enactment (other than this Act) or other document to the dissolved body, to the extent that such references relate to functions, assets, rights or liabilities that are vested in, or transferred to, Gas Networks Ireland by this Act shall, on and from the transfer day, be construed as references to Gas Networks Ireland.

(3) The administration and business in connection with the performance of the functions vested in Gas Networks Ireland by virtue of subsection (1) are on the transfer day transferred to Gas Networks Ireland.

(4) References in any enactment (other than this Act) to the dissolved body, to the extent that such references relate to the administration and business transferred by subsection (3) shall, on and from the transfer day, be construed as references to Gas Networks Ireland.

C13

Functions conferred on the Minister for Finance transferred to the Minister for Public Expenditure and Reform (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 9(2), 20(1) and Sch. 2 part 1, S.I. No. 401 of 2011.

Transfer of certain other functions to Minister.

9. — ...

(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.

...

Performance of certain functions transferred to Minister by section 9.

20.— (1) The Minister shall not perform a function transferred by subsection (2) of section 9 without the consent of the Minister for Finance.

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SCHEDULE 2

Functions Transferred To Minister

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PART 1

Functions performable with consent of Minister for Finance

STATUTES

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 30 of 1976

Gas Act 1976

Sections 8A, 23 and 24

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...

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Editorial Notes:

E36

Previous affecting provision: references to "Bord Gáis Éireann" construed as references to "Ervia" (19.06.2014) by ESB (Electronic Communications Networks) Act 2014 (5/2014), s. 8, S.I. No. 286 of 2014; superseded (1.06.2024) as per C-note above.

E37

Companies Act 1963 (33/1063) was repealed and replaced (1.06.2015) by Companies Act 2014 (38/2014), s. 4(1) and sch. 2 part 1, S.I. No. 169 of 2015.

E38

Previous affecting provision: application of section restricted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 4(7); revoked (1.08.2015, network transfer date) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 29(2)(a), in effect as per reg. 2 and notice in Iris Oifigiúil no. 60 of 2015 published 28.07.2015.

E39

Previous affecting provision: application of section restricted (13.12.2005) by European Communities (Internal Market in Natural Gas) (BGÉ) Regulations 2005 (S.I. No. 760 of 2005), reg. 5(7), in effect as per reg. 1(2); revoked (1.08.2015, network transfer date) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 29(2)(a), in effect as per reg. 2 and notice in Iris Oifigiúil no. 60 of 2015 published 28.07.2015.

E40

The section heading is taken from the amending section in absence of one included in the amendment.