43. The Act of 1987 is amended by substituting for section 2 (as amended by section 23 of the Act of 2002) the following:

“2. (1) The Commission may by order confer, or may refuse to confer, on one or more persons, including the Board—

(a) functions corresponding to the functions, or such of them as the Commission considers appropriate, that are conferred on the Company by the Alliance and Dublin Gas Acts 1866 to 1909, in relation to the transmission and distribution of gas and the provision, maintenance, repair and replacement for those purposes of pipelines and the sale, hire, leasing, provision by means of hire-purchase or credit-sale, installation, repair and maintenance of gas appliances,

(b) any functions that, in the opinion of the Commission are incidental or ancillary to any functions conferred on the Board or the relevant person under paragraph (a) or that, in the opinion of the Commission, are requisite or advantageous to, or facilitate, the performance by the Board of any such functions, and

(c) any functions that, in the opinion of the Commission, are necessary or expedient for ensuring that, in the performance by the Board or the relevant person of the functions conferred on it under paragraphs (a) and (b), the safety of the public and property is, as far as is practicable, secured.

(2) Without prejudice to the generality of paragraph (c) of subsection (1), an order under that subsection may confer on the Board or the relevant person, and members of the staff of the Board or the relevant person, duly authorised by the Board or the relevant person in that behalf, power to enter and inspect any premises and there to take such measures as they consider appropriate (including the evacuation of persons found on those premises) for the purpose of ensuring that, in the performance by the Board or the relevant person of functions conferred under paragraphs (a) and (b) of subsection (1), the safety of the public and property is, as far as is practicable, secured.

(3) An order under subsection (1) may make provision for such incidental or ancillary matters as the Commission considers necessary or expedient and may include a provision that obstruction of, or interference with, the Board or the relevant person or members of staff in the performance of functions under this section, or failure, or refusal to comply with directions given by the Board or the relevant person or members of staff in the performance of functions under subsection (1)(c) shall be offences punishable on summary conviction by such penalties specified in the order as the court may impose.

(4) Functions conferred on the Board or the relevant person by an order under subsection (1) may be performed only in such areas as may be specified in the order and such an order may confer on the Board or the relevant person different functions in relation to different areas.

(5) Without prejudice to the generality of subsection (1), the Commission may refuse to make an order under that subsection conferring functions in relation to the provision of pipelines in a particular area where it determines that the capacity of existing or proposed distribution or transmission pipelines in that area provided or proposed to be provided by any person, including the Board, who is subject to an existing order under that subsection in relation to that area, represents adequate provision for reasonable expectation of demand.

(6) (a) Subject to paragraph (b) and notwithstanding subsection (1), section 39A(1) of the Principal Act shall apply to the construction of a pipeline pursuant to and in accordance with a function conferred on the Board or the relevant person under this section as it applies to the construction of a pipeline pursuant to and in accordance with a function conferred on the Board or the relevant person by that Act.

(b) The Commission may by notice in writing delivered to the Board or the relevant person declare that the said section 39A(1) shall not apply to the construction pursuant to and in accordance with a function conferred on the Board or the relevant person under subsection (1) of pipelines or specified pipelines or classes of pipelines in an area in which functions conferred by an order under subsection (1) may be performed, or a specified part of that area and, whenever a notice under this paragraph is in force, the said section 39A(1) shall not apply in relation to the construction of pipelines, or those pipelines or classes of pipelines specified in the notice, in the area specified in the notice.

(c) The Commission may specify in a notice under paragraph (b) such conditions (if any) as it thinks desirable in relation to the construction, maintenance, repair or replacement of the pipelines or classes of pipelines to which the notice relates and the Board or the relevant person shall comply with any conditions so specified.

(d) The Commission may, by notice in writing delivered to the Board or the relevant person, amend or revoke a notice under this subsection (including a notice under this paragraph).

(7) (a) The Commission may, from time to time, examine charges, and the costs underlying such charges, or any proposals to alter such charges, for natural gas supplied to customers by the holder of a supply licence granted under section 16 of the Gas (Interim) (Regulation) Act 2002.

(b) Where it considers it necessary following an examination under paragraph (a), the Commission shall issue a direction to the holder of a supply licence granted under section 16 of the Gas (Interim) (Regulation) Act 2002 in relation to either or both the nature and the amount of any charge or proposed charge referred to in that paragraph and the holder of the supply licence shall comply with such a direction.

(8) The Commission may, by order under this subsection, revoke or amend an order under this section (including an order under this subsection).

(9) An order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”.