Electricity Regulation Act 1999

9JD

F188[Restricting or prohibiting LPG or natural gas activities in emergencies.

9JD. (1) Where the Commission considers that the risk to the safety of

(a) human life,

(b) a piped LPG distribution network or natural gas infrastructure, or

(c) property not in the ownership of the holder of a LPG safety licence or natural gas undertaking concerned,

is so serious that any of the activities of a LPG or natural gas undertaking should be restricted or should be immediately prohibited until specified measures have been taken to reduce the risk to a level which is as low as is reasonably practicable, the Commission may apply, ex parte, to the High Court for an order restricting or prohibiting the activities concerned.

(2) The High Court may make such interim or interlocutory order as it considers appropriate, and the Court in considering whether to make the order shall consider whether the elimination or necessary reduction of the risk concerned could be achieved by the issue of an emergency direction or a prohibition notice.

(3) Any order of the High Court under subsection (2) shall have effect notwithstanding the terms of any permission given under this Act or any other enactment for the carrying on of the activity concerned or, where the order refers to another person, the carrying out of an activity by such person.

(4) On any application for the revocation or variation of an order made under this section, the Commission shall be entitled to appear, be heard and adduce evidence.]

Annotations

Amendments:

F188

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 18(1), S.I. No. 20 of 2013.