PART I continued
(3)A licence shall not be granted under this section to a person who is the holder of a licence under section 7A below.
(4)The Director may, with the consent of the licence holder, direct that any licence under this section shall have effect—
(a)as if any area or pipe-line system specified in the direction were specified in the licence;
(b)in the case of a licence under subsection (2)(a) above, as if it were also a licence under subsection (2)(b) above and any pipe-line system specified in the direction were specified in the licence; or
(c)in the case of a licence under subsection (2)(b) above, as if it were also a licence under subsection (2)(a) above and any area specified in the direction were specified in the licence;
and references in this Part to, or to the grant of, an extension under this section, or an extension of such a licence, shall be construed as references to, or to the giving of, such a direction.
[F5(4A)The Authority may, with the consent of the licence holder, direct that any licence under this section shall have effect as if any area or pipe-line system specified in the direction were not specified in the licence; and references in this Part to, or to the grant of, a restriction under this section, or a restriction of such a licence, shall be construed as references to, or to the giving of, such a direction.]
(5)Before granting a licence F6. . . under this section, the Director shall give notice—
(a)stating that he proposes to grant the licence F6. . .;
(b)stating the reasons why he proposes to grant the licence F6. . .; and
(c)specifying the time from the date of publication of the notice (not being less than two months F6. . .) within which represent- ations or objections with respect to the proposed licence F6. . . may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(6)A notice under subsection (5) above shall be given—
(a)by publishing the notice in such manner as the Director considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the licence F6. . .; and
(b)by sending a copy of the notice to the Secretary of State, to the Health and Safety Executive and to any [F4gas transporter] whose area includes the whole or any part of the area proposed to be specified in the licence F6. . ..
F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)As soon as practicable after the granting of a licence under this section, the [F4gas transporter] shall publish, in such manner as the Director considers appropriate for bringing it to the attention of persons who are likely to do business with the transporter, a notice—
(a)stating that the licence has been granted; and
(b)explaining that, as a result, it might be necessary for those persons to be licensed under section 7A below.
(10)In this section—
(a)“relevant main” has the same meaning as in section 10 below;
(b)references to an area specified in a licence or direction include references to an area included in an area so specified; and
(c)references to a pipe-line system specified in a licence or direction include references to a pipe-line system of a description, or situated in an area, so specified.
F8(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F1S. 7 substituted (1.3.1996) by 1995 c. 45, s. 5; S.I. 1996/218, art. 2
F2Words in s. 7(1) substituted (1.10.2001) by 2000 c. 27, s. 76(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F3Words in s. 7(2)(a) and word “and”preceding para. (b) substituted (1.10.2001) by 2000 c. 27, s. 76(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F4Words in s. 7(2)(b)(6)(b)(9) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 4; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F5S. 7(4A) inserted (1.10.2001) by 2000 c. 27, s. 76(4); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F6Words in s. 7(5)(6) repealed (1.10.2001) by 2000 c. 27, ss. 76(5), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F7S. 7(7)(8) repealed (1.10.2001) by 2000 c. 27, ss. 76(6), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F8S. 7(11) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
C1S. 7 amended (16.5.2001) by 2000 c. 27, s. 81(1); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)
S. 7 amended (1.10.2001) by 2000 c. 27, s. 76(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
C2S. 7 applied (with modifications) (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 15(1)(4); S.I. 1996/218, art. 2
C3S. 7 extended (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. I para. 1(1)(a); S,I. 1996/218, art. 2
(1)Subject to subsection (3) below, the Director may grant a licence authorising any person to do either or both of the following, namely—
(a)to supply, to any premises specified in the licence, gas which has been conveyed through pipes to those premises; and
(b)to supply, to any premises at a rate which, at the time when he undertakes to give the supply, he reasonably expects to exceed 2,500 therms a year, gas which has been conveyed through pipes to those premises.
(2)Subject to subsection (3) below, the Director may grant a licence authorising any person to arrange with any [F2gas transporter] for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that transporter, either generally or for purposes connected with the supply of gas to any premises specified in the licence.
(3)A licence shall not be granted under this section to a person who is the holder of a licence under section 7 above.
(4)The Director may, with the consent of the licence holder, direct that any licence under this section shall have effect—
(a)as if any premises specified in the direction were specified in the licence; or
(b)in the case of a licence under subsection (1)(b) above, as if it were also a licence under subsection (1)(a) above and any premises specified in the direction were specified in the licence,
and references in this Part to, or to the grant of, an extension under this section, or an extension of such a licence, shall be construed as references to, or to the giving of, such a direction.
(5)Subsection (4) above shall not apply in relation to a licence under subsection (1) above which authorises only the supply to premises of gas which has been conveyed to the premises otherwise than by a [F2gas transporter].
(6)The Director may, with the consent of the licence holder, direct that any licence under this section shall have effect as if any premises specified in the direction were not specified in the licence; and references in this Part to, or to the grant of, a restriction under this section, or a restriction of such a licence, shall be construed as references to, or to the giving of, such a direction.
(7)In this section references to premises specified in a licence or direction include references to premises of a description, or situated in an area, so specified.
(8)The Director shall not, in any licence under subsection (1) above, or in any extension or restriction of such a licence, specify any premises by description or area if he is of the opinion that the description or area has been so framed as—
(a)in the case of a licence or extension, artificially to exclude from the licence or extension; or
(b)in the case of a restriction, artificially to include in the restriction,
premises likely to be owned or occupied by persons who are chronically sick, disabled or of pensionable age, or who are likely to default in the payment of charges.
(9)If the holder of a licence under subsection (1) above applies to the Director for a restriction of the licence, or for the revocation of the licence in accordance with any term contained in it, the Director shall, subject to subsection (8) above, accede to the application if he is satisfied that such arrangements have been made as—
(a)will secure continuity of supply for all relevant consumers; and
(b)in the case of each such consumer who is supplied with gas in pursuance of a contract, will secure such continuity on the same terms as nearly as may be as the terms of the contract.
(10)A person is a relevant consumer for the purposes of subsection (9) above if—
(a)immediately before the restriction or revocation takes effect, he is being supplied with gas by the holder of the licence; and
(b)in the case of a restriction, his premises are excluded from the licence by the restriction;
and in that subsection “contract” does not include any contract which, by virtue of paragraph 8 of Schedule 2B to this Act, is deemed to have been made.
(11)In this Part “gas supplier” and “gas shipper” mean respectively the holder of a licence under subsection (1) above, and the holder of a licence under subsection (2) above, except (in either case) where the holder is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence.
(12)Any reference in this Part (however expressed) to activities authorised by a licence under subsection (1) above shall be construed without regard to any exception contained in Schedule 2A to this Act.]
F1S. 7A inserted (1.3.1996) by 1995 c. 45, s. 6; S.I. 1996/218, art. 2
F2Words in S. 7A(2)(5) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
C1S. 7A applied (with modifications) (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 15(1)(4); S.I. 1996.218, art. 2
S. 7A applied (with modifications) (1.3.1996) by S.I. 1996/399, art. 2(2)
C2S. 7A(1) extended (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. I para. 1(1)(b), Pt. II para. 16(1)(b); S.I. 1996/218, art. 2
C3S. 7A(1)(2) amended (1.10.2001) by 2000 c. 27, s. 81(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
C4S. 7A(2) extended (8.11.1995) by 1995 c. 45, s. 17(1), Sch. 5 Pt. I para. 1(1)(c), Pt. II para. 16(1)(c); S.I. 1996/218, art. 2
(1)An application for a licence or an extension or restriction of a licence shall be made in such form and manner, and shall contain, or be accompanied by, such information and documents and such fee (if any), as may be prescribed.
(2)Within the prescribed period after the making of an application for a licence or an extension or restriction of a licence, the applicant shall—
(a)publish a notice of the application in the prescribed manner; and
(b)in the case of an application for a licence or extension under section 7 above, give notice of the application to any [F2gas transporters] whose authorised area includes the whole or any part of the area to which the application relates.
[F3(2A)Where the Authority proposes to refuse the application, it shall give to the applicant a notice—
(a)stating that it proposes to refuse the application;
(b)stating the reasons why it proposes to refuse the application; and
(c)specifying the time within which representations with respect to the proposed refusal may be made,
and shall consider any representations which are duly made and not withdrawn.]
(3)A licence or an extension or restriction of a licence shall be in writing and, unless revoked or suspended in accordance with any term contained in it, a licence shall continue in force for such period as may be specified in or determined by or under the licence.
(4)A licence may include—
(a)such conditions (whether or not relating to the activities authorised by the licence) as appear to the Director to be requisite or expedient having regard to the duties imposed by [F4sections 4AA, 4AB and 4A];
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)conditions requiring the rendering to the Director of a payment on the grant of the licence or payments during the currency of the licence or both of such amount or amounts as may be determined by or under the licence; F6. . .
F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(4A)Without prejudice to the generality of paragraph (a) of subsection (4), conditions included in a licence under section 7 by virtue of that paragraph—
(a)may require the licence holder to enter into agreements with other persons for the use of any pipe-line system of his (wherever situated and whether or not used for the purpose of carrying on the activities authorised by the licence) for such purposes as may be specified in the conditions;
(b)may include provision for determining the terms on which such agreements are to be entered into.]
(5)Without prejudice to the generality of paragraph (a) of subsection (4) above—
(a)conditions included by virtue of that paragraph in a licence may—
(i)require the holder to comply with any direction given by the Director or the Secretary of State as to such matters as are specified in the licence or are of a description so specified;
(ii)require the holder, except in so far as the Director or the Secretary of State consents to his doing or not doing them, not to do or to do such things as are specified in the licence or are of a description so specified; and
(iii)provide for the determination by the Director, the Secretary of State or the Health and Safety Executive of such questions arising under the licence, or under any document [F8referred to] in the licence, as are specified in the licence or are of a description so specified; and
(b)conditions included by virtue of that paragraph in a licence under section 7 above may require the holder, in such circumstances as are specified in the licence—
(i)so to increase his charges for the conveyance of gas as to raise such amounts as may be determined by or under the conditions; and
(ii)to pay the amounts so raised to such holders of licences under section 7A above as may be so determined.
(6)Conditions included in a licence may—
(a)impose requirements by reference to designation, acceptance or approval by the Director, the Secretary of State or the Health and Safety Executive; and
(b)provide for references in the conditions to any document F9. . .to operate as references to that document as revised or re-issued from time to time.
(7)Conditions included in a licence may contain provision for the conditions to—
(a)have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions; or
(b)be modified in such manner as may be specified in the conditions at such times and in such circumstances as may be so determined.
(8)Any provision included in a licence by virtue of subsection (7) above shall have effect in addition to the provision made by this Part with respect to the modification of the conditions of a licence.
(9)As soon as practicable after granting a licence or an extension or restriction of a licence, the Director shall send a copy of the licence or extension or restriction—
(a)to the Health and Safety Executive; F10. . .
(b)in the case of a licence [F11, extension or restriction] under section 7 above, to any public gas transporter whose authorised area [F12includes] the whole or any part of the area specified in the licence [F11, extension or restriction][F13; and.
(c)to any other person who holds a licence and whose interests may, in the opinion of the Authority, be affected by the grant.]
(10)Any sums received by the Director under or by virtue of this section shall be paid into the Consolidated Fund.]
[F14(11)In this section “prescribed” means prescribed in regulations made by the Authority.]
F1S. 7B inserted (1.3.1996) by 1995 c. 45, s. 7; S.I. 1996/218, art. 2
F2Words in s. 7B(2)(b)(9)(b) substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F3S. 7B(2A) inserted (1.10.2001) by 2000 c. 27, s. 74(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F4Words in s. 7B(4)(a) substituted (20.12.2000) by 2000 c. 27, s. 74(3)(a); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)
F5S. 7B(4)(b) omitted (20.12.2000) by virtue of 2000 c. 27, s. 74(3)(b); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15) and repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F6S. 7B(4)(d) and word “and”preceding it repealed (7.11.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 5, Sch. 8; S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)
F7S. 7B(4A) inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 74(4); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F8Words s. 7B(5)(a)(iii) substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 74(5); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F9Words in s. 7B(6) shall cease to have effect (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 74(6); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20) and are repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F10S. 7B(9): word “and”preceding para. (b) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
F11Words in s. 7B(9)(b) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 6(a)(i); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F12Word in s. 9B(9)(b) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 6(a)(ii); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F13S. 7B(9)(c) and the word “and”immediately preceding (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 6(b); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
F14S. 7B(10) inserted (16.5.2001 for certain purposes, otherwise 1.10.2001) by 2000 c. 27, s. 74(7); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
C1S. 7B applied (with modifications) (1.3.1996) by S.I. 1996/399, art. 2(2)
C2S. 7B applied (with modifications) (8.11.1995 ) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 15(1)(4); S.I. 1996/218, art. 2
(1)Subject to subsections (2) and (3) F2. . ., each condition which by virtue of [F3section 81(2) of the Utilities Act 2000] is a standard condition for the purposes of—
(a)licences under section 7 above;
(b)licences under subsection (1) of section 7A above; or
(c)licences under subsection (2) of that section,
shall be incorporated (that is to say, incorporated by reference) in each licence under that section or, as the case may be, that subsection.
(2)Subsection (1) above shall not apply in relation to a licence under section 7A(1) above which authorises only the supply to premises of gas which has been conveyed to the premises otherwise than by a [F4gas transporter].