Gas (Interim) (Regulation) Act 2002
F50[National security measures for natural gas
19B. (1) Subject to subsection (3), the Commission may direct the holder of a natural gas licence for the operation of a transmission system to develop, subject to the approval of the Commission, a Natural Gas Emergency Plan as respects natural gas, which plan shall be developed—
(a) within such period of time as the Commission shall direct, and
(b) following such consultation as the Commission may direct.
(2) Notwithstanding the generality of section 13(3), the Commission may from time to time give directions to the holder of a natural gas licence for the operation of a transmission system with respect to the protection of security of supply and actions to be taken in the event of a natural gas emergency and which directions relate to—
(a) the matters to be specified in its code of operations, and
(b) the review and revision by such licence holder from time to time of its code of operations.
(3) Notwithstanding the generality of subsection (1), the Natural Gas Emergency Plan as respects natural gas shall include:
(a) procedures for the holder of a natural gas licence for the operation of a transmission system to declare a natural gas emergency,
(b) provision for the appointment of a National Gas Emergency Manager by the Commission,
F51[(c) measures to ensure that supplies for household customers and any such categories of customers, as may be determined by the Commission from time to time, are protected in the event of a natural gas emergency,]
(d) measures to protect the security of the national electricity system in so far as that system is dependent on natural gas,
(e) the role and responsibilities of the Commission and the person appointed to be the National Gas Emergency Manager in the event of a natural gas emergency,
(f) the roles and responsibilities of each class of energy undertaking and certain classes of final customers in the event of a natural gas emergency,
(g) the roles and responsibilities of a holder of a petroleum lease under section 13 of the Petroleum and Other Minerals Development Act 1960 in the event of a natural gas emergency,
(h) provision to ensure, where appropriate, that energy undertakings are given sufficient opportunity to provide an initial response to a natural gas emergency,
(i) provision to ensure that customers are protected where the licence of one or more persons who are the holders of a licence to supply natural gas is revoked or in the event that the holder of a licence to supply natural gas decides to discontinue such licensed activity in the State,
(j) measures to minimise the impact on electricity generation and on the safe, secure, reliable, economical and efficient operation of the electricity system, which measures shall be reviewed regularly,
(k) a requirement that the National Gas Emergency Manager shall co-ordinate the activities of energy undertakings in order to ensure security of electricity supplies.
(4) Measures taken to protect supplies of natural gas for household customers shall have as an objective the avoidance of discrimination—
(a) between persons holding a licence to supply natural gas, or
(b) between persons holding a licence for the shipping of natural gas.
(5) The Commission shall appoint a person to be the National Gas Emergency Manager for natural gas and the duties of that manager shall include:
(a) the co-ordination of the implementation of the Natural Gas Emergency Plan for natural gas,
(b) the co-ordination of activities and planning with such other emergency bodies as may be necessary from time to time,
(c) the publication, including publication by electronic means, in a format to be approved by the Commission, of the measures to be taken in the event of a natural gas emergency as specified in the Natural Gas Emergency Plan, and
(d) the carrying out of such other tasks relating to natural gas emergencies as the Commission may specify from time to time.
(6) In carrying out its duties under paragraph (a) of subsection (5), the National Gas Emergency Manager may give directions to persons referred to in paragraphs (f) and (g) of subsection (3) as to the production, use, supply, shipping, storage, transmission or distribution of natural gas, and such persons shall comply with those directions.
(7) (a) In order to ensure compliance with a direction given under subsection (6), the Commission may apply to the High Court in a summary manner ex parte or on notice for an order requiring a person to whom the direction is addressed to comply with such direction.
(b) The High Court may confirm, revoke or vary a direction given by the National Gas Emergency Manager and may make such other ancillary order as it thinks fit.
(8) The Commission may, following consultation with the National Gas Emergency Manager, the holder of a natural gas licence for the operation of a transmission system, and any other person it considers it is necessary to consult—
(i) review the operation of the Natural Gas Emergency Plan from time to time with a view to its being amended, and
(ii) may direct the holder of a natural gas licence for the operation of a transmission system to make such changes to the Natural Gas Emergency Plan as the Commission considers necessary following the review carried out under subparagraph (i).
(9) (a) The Commission may revoke the appointment of a person as National Gas Emergency Manager made under subsection (5) and shall inform that person of its decision no later than 7 days after such revocation.
(b) A revocation under paragraph (a) shall not have effect until the Commission has appointed another person to be the National Gas Emergency Manager and such appointment takes effect.
(10) In this section—
"energy undertaking" has the same meaning as it has in the Electricity Regulation Act 1999;
"natural gas emergency" means any event or circumstance or combination of events or circumstances which have occurred or may occur on the gas network or on any interconnected system, including the supply, shipping, production and storage of natural gas, which adversely affects or may adversely affect, the safety or operational integrity of the onshore gas network or any localised part thereof or which results or may result in a risk to the safety of life, property or the environment.]
Annotations
Amendments:
F50
Inserted (17.10.2007) by European Communities (Security of Natural Gas Supply) Regulations 2007 (S.I. No. 697 of 2007), reg. 5.
F51
Substituted (28.08.2013) by European Union (Security of Natural Gas Supply) Regulations 2013 (S.I. No. 336 of 2013), reg. 8.
Modifications (not altering text):
C9
Enforcement measures to ensure compliance with a direction under subs. (6) provided (28.08.2013) by European Union (Security of Natural Gas Supply) Regulations 2013 (S.I. No. 336 of 2013), regs. 5(1)(a), 6. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.
Functions of CER with regard to national gas supply emergency.
5. (1) The CER—
(a) shall appoint persons to be authorised officers for the purposes of taking any action necessary to ensure compliance with a direction given by the National Gas Emergency Manager, under section 19B(6) of the Act of 2002, for the implementation of the National Gas Emergency Plan, and such appointment may be specified to be for a fixed period, and
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Powers of authorised officers.
6. (1) In the event of non-compliance with a direction referred to in Regulation 5(1)(a), an authorised officer appointed under Regulation 5 may take any or all of the following actions to ensure compliance of natural gas undertakings and customers:
(a) at any time, enter land or a premises in order to take any action necessary to ensure compliance with that direction;
(b) require any person on the land or premises to do all such things as are in his or her opinion necessary or expedient for the purpose of ensuring compliance with the direction;
(c) require the person in charge of the land or premises to give the authorised officer such assistance and facilities within the person’s power or control as are reasonably necessary to enable the authorised officer to exercise any of his or her powers under this Regulation;
(d) require the person in charge of the land or premises to give the authorised officer such information as the authorised officer may reasonably require for the purposes of his or her powers under this Regulation;
(e) require a person on the land or premises to follow any procedure for the purposes of any action necessary to ensure compliance with that direction.
(2) An authorised officer performing any of their powers under paragraph (1) may be accompanied, and assisted in the exercise of that power, by one or more members of the Garda Síochána.
(3) Any person who—
(a) obstructs, impedes or interferes with an authorised officer in the exercise of a power conferred on him or her by these Regulations,
(b) without reasonable excuse, refuses or fails to comply with a requirement made of him or her under paragraph (1), or
(c) makes a statement, or furnishes information pursuant to a requirement made of him or her under paragraph (1), which is false or misleading in a material respect, knowing it to be so false or misleading or being reckless as to whether it is so false or misleading,
commits an offence.
(4) A person who commits an offence under this Regulation is liable—
(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or
(b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 3 years, or to both.
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