Statutory Instrument 1996 No. 385

The Restrictive Trade Practices (Gas Conveyance and Storage) Order 1996

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© Crown Copyright 1996

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1996 No. 385

RESTRICTIVE TRADE PRACTICES

The Restrictive Trade Practices (Gas Conveyance and Storage) Order 1996

The Secretary of State, in exercise of the powers conferred on him by section 62 of the Gas Act 1986^[1] and after consultation with the Director General of Fair Trading and the Director General of Gas Supply^[2] hereby makes the following Order:—

    1.—(1)  This Order may be cited as the Restrictive Trade Practices (Gas Conveyance and Storage) Order 1996 and shall come into force on 25th February 1996.

    (2)  In this Order—

"agreement", "restriction" and "information provision" have the same meaning as in the Restrictive Trade Practices Act 1976;


"appointed day" means the day appointed under section 18(2) of the Gas Act 1995^[3];


"claims validation agreement" means an agreement between two or more persons relating to the engagement or employment of the same person to act in connection with the provision of information to a public gas transporter relating to delivery of gas to the public gas transporter's pipeline system at a particular delivery point (as provided for by the standard conditions determined under section 8(2)(c) of the Gas Act 1995 for the purposes of gas shippers' licences);


"the Director" means the Director General of Gas Supply;


"network code" means the code established by a public gas transporter (or, before the appointed day, by a public gas supplier to have effect from that day in relation to its transport successor as defined in paragraph 18(2) of Schedule 5 to the Gas Act 1995 for the purposes of Part II of that Schedule) for the purposes of the provisions relating to the establishment of transportation arrangements in the standard conditions determined under section 8(2)(a) of the Gas Act 1995 for the purposes of public gas transporters' licences, together with any documents referred to in the code.

    2.    An agreement which meets the conditions of section 62(2A) (a) and (b) of the Gas Act 1986 and is of a description specified in the Schedule to this Order and which satisfies the condition specified in connection with that description is specified as an agreement to which by virtue of section 62(2A) of the Gas Act 1986 the Restrictive Trade Practices Act 1976 does not apply and is deemed never to have applied.

John Taylor

Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry

22nd February 1996

[1] 1986 c. 44 section 62 was amended by section 11 of the Gas Act 1995 (c. 45) by insertion of subsections (2A) and (2B). back

[2] See section 62(2B) of the Gas Act 1986. back

[3] The day appointed under section 18(2) of the Gas Act 1995 was appointed by The Gas Act 1995 (Appointed Day and Commencement) Order 1996 (S.I. 1996/218 (C.4)) as 1st March 1996. back

Explanatory Note