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
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Electricity and Gas Regulation Acts 1999 to 2002: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Gas (Interim) Regulations Act 2002 (10/2002), s. 1(2)). The Acts in this group are:
• Electricity Regulation Act 1999 (23/1999)
• Gas (Amendment) Act 2000 (26/2000), ss. 12-16
• Gas (Interim) (Regulation) Act 2002 (10/2002), other than ss. 11, 15 and 23(1), (2)
Gas Acts 1976 to 2009: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Gas (Amendment) Act 2009 (3/2009), s. 2(2)). The Acts in this group are:
• Gas Act 1976 (30/1976)
• Gas (Amendment) Act 1980 (35/1980)
• Gas (Amendment) Act 1982 (17/1982)
• Gas (Amendment) Act 1987 (9/1987)
• Gas (Amendment) Act 1993 (7/1993)
• Gas (Amendment) Act 1995 (35/1995), in so far as it amends the Gas Acts 1976 to 1993
• Gas (Amendment) Act 1998 (17/1998)
• Gas (Amendment) Act 2000 (26/2000), other than ss. 12-16
• Gas (Amendment) Act 2002 (10/2002), ss. 11, 15, 23(1), (2)
• Gas (Amendment) Act 2009 (3/2009)
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Energy Act 2016 (12/2016)
• Freedom of Information Act 2014 (30/2014)
• Gas Regulation Act 2013 (39/2013)
• Civil Partnerships and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)
• Energy (Miscellaneous Provisions) Act 2006 (40/2006)
All Acts up to and including Regulated Professions (Health and Social Care) (Amendment) Act 2023 (14/2023), enacted 6 June 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• European Union (Gas Act 1976) (Environmental Impact Assessment) Regulations 2021 (S.I. No. 174 of 2021)
• European Union (Internal Market in Natural Gas) Regulations 2020 (S.I. No. 83 of 2020)
• European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015)
• European Union (Security of Natural Gas Supply) Regulations 2013 (S.I. No. 336 of 2013)
• European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011)
• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)
• European Communities (Internal Market in Electricity and Gas) (Consumer Protection) Regulations of 2011 (S.I. No. 463 of 2011)
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• European Communities (Security of Natural Gas Supply) Regulations 2007 (S.I. No. 697 of 2007)
• European Communities (Conditions for Access to the Natural Gas Transmission Networks) Regulations 2007 (S.I. No. 691 of 2007)
• European Communities (Internal Market in Natural Gas) (BGÉ) (Amendment) Regulations 2007 (S.I. No. 377 of 2007)
• European Communities (Internal Market in Natural Gas) (BGE) Regulations 2005 (S.I. No. 760 of 2005)
• European Communities (Internal Market in Natural Gas) Regulations 2005 (S.I. No. 320 of 2005)
• European Communities (Internal Market in Natural Gas) (No. 2) Regulations 2004 (S.I. No. 452 of 2004)
• Gas (Interim) (Regulation) Act 2002 (Section 16) Regulations 2003 (S.I. No. 428 of 2003)
• Gas (Interim)(Regulation) Act 2002 (Criteria For Determination of Applications For Natural Gas Licences) Regulations 2002 (S.I. No. 265 of 2002)
• Gas (Interim)(Regulation) Act 2002 (Criteria For Determination of Consents) Regulations 2002 (S.I. No. 264 of 2002)
• Gas (Interim) (Regulation) Act, 2002 (Appointed Day) Order 2002 (S.I. No. 146 of 2002)
All statutory instruments up to and including 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 revision.
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.
3.
4.
Laying of regulations and orders.
5.
Commission for Energy Regulation.
6.
7.
Transfer of functions from Minister to Commission.
8.
9.
10.
11.
Functions of Board Gáis Éireann.
12.
13.
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.
17.
Unbundling of accounts of natural gas undertakings.
18.
19.
19A.
19B.
National security measures for natural gas.
20.
21.
21A.
21B.
21C.
Consumer Protection. (Repealed)
21D.
Resolution of Disputes. (Repealed)
22.
23.
24.
Functions under Acts transferred from Minister to Commission
Acts Referred to
Companies Acts, 1963 to 2001
Continental Shelf Act, 1968
Electricity Regulation Act, 1999
Electricity Regulation Acts, 1999 and 2000
Energy (Miscellaneous Provisions) Act, 1995
Freedom of Information Act, 1997
Gas Act, 1976
Gas Acts, 1976 to 2000
Gas (Amendment) Acts, 1987
Gas (Amendment) Act, 1993
Gas (Amendment) Acts, 2000
Harbours Act, 1946
Harbours Act, 1996
Petroleum and Other Minerals Development Act, 1960
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.
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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.