Gas (Interim) (Regulation) Act 2002
F54[Shipper of last resort.
21B.—(1) (a) The Commission may invite expressions of interest from licensed shippers to act as a shipper of last resort, that is, to ship gas in accordance with this section.
(b) Following public consultation and subject to paragraph (c), the Commission may designate a licensed shipper to act as a shipper of last resort.
(c) F55[…]
(d) The Commission may reconfirm, amend or revoke a designation made under paragraph (b) as it sees fit.
(2) A shipper of last resort shall ship gas to customers of another licensed shipper where—
(a) a licensed shipper with whom customers have a shipping contract ceases or fails to ship gas to those customers in accordance with its contractual obligations, or
(b) following representations to the Commission from a licensed shipper, the Commission is of the opinion that circumstances exist which warrant a direction to that shipper of last resort to ship gas to a customer of a licensed shipper.
(3) The Commission shall include in a designation under subsection (1) any terms, conditions or requirements considered necessary by the Commission in respect of the functions of that shipper of last resort.
(4) The Commission shall specify in a designation—
(a) the terms and conditions under which that shipper of last resort shall ship gas to a customer of a licensed shipper, including those in relation to—
(i) the duration of the obligation,
(ii) the termination of obligation, and
(iii) charges,
(b) the method for calculating the charges for the shipping of gas arising from the designation,
(c) any other matters which the Commission considers necessary,
and that shipper of last resort shall comply with the matters so specified.
(5) Where a shipper of last resort ships gas to or on behalf of a customer of a licensed shipper in accordance with this section, a contract for the shipping of that gas shall be deemed to exist between that customer and the shipper of last resort concerned from the date upon which the shipping of gas to the customer by such shipper of last resort commences, and such contract shall be subject to terms and conditions specified by the Commission in designating the shipper of last resort.
(6) The Commission may designate a person who is both a licensed shipper and a licensed supplier to be a shipper of last resort under this section and a supplier of last resort under section 21A.]
Annotations
Amendments:
F54
Inserted (1.07.2007) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 19, S.I. No. 292 of 2007.
F55
Repealed (1.06.2024) by Gas (Amendment) and Miscellaneous Provisions Act 2024 (11/2024), s. 3(3), S.I. No. 208 of 2024.
Modifications (not altering text):
C10
Functions transferred and references to "Ervia" construed as references to "Gas Networks Ireland" (1.06.2024) by Gas (Amendment) and Miscellaneous Provisions Act 2024 (11/2024), s. 11, S.I. No. 208 of 2024.
Dissolution of Ervia, Transfer of Functions, Assets, Liabilities, Records and Staff, etc. 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.
Editorial Notes:
E19
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(2), S.I. No. 286 of 2014; superseded (1.06.2024) as per C-note above.