Statutory Instrument 1996 No. 471

The Gas Act 1986 (Exemptions) (No. 2) Order 1996

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© Crown Copyright 1996

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1996 No. 471

GAS

The Gas Act 1986 (Exemptions) (No. 2) Order 1996

The Secretary of State, in exercise of the powers conferred upon him by section 6A of the Gas Act 1986^[1] and all other powers enabling him in that behalf, and after consultation with the Director General of Gas Supply, hereby makes the following Order:—

Citation, coming into force and duration
    1.—(1)  This Order may be cited as the Gas Act 1986 (Exemptions) (No. 2) Order 1996.

    (2)  This Order and the exemptions contained in it shall come into force on 1st March 1996 and each such exemption, unless previously revoked in accordance with paragraph (3) of this article, shall continue in force until 1st March 2011 and shall then expire.

    (3)  Any exemption contained in this Order shall only be revoked with effect from a date after the expiry of the period of four months beginning with the day on which the Order containing the revocation was laid before Parliament.

Interpretation
    2.    In this Order—
"the 1986 Act" means the Gas Act 1986;
"the 1995 Act" means the Gas Act 1995;
"terminal operator" has the meaning given by article 3(2) below.

Scope of exemptions
    3.—(1)  Subject to paragraph (2) below, an exemption from section 5(1)(a) of the 1986 Act is hereby granted, in respect of each of the premises identified in Schedule 1 to this Order, to any person in respect of the conveyance of gas by that person from those premises through pipes to a pipe-line system operated by a public gas transporter.

    (2)  A person conveying gas as mentioned in paragraph (1) above (hereinafter, a "terminal operator") is entitled to the exemption there provided for only if and so long as he satisfies the condition set out in article 6 below in relation to the conveyance in respect of which the exemption is granted.

    4.    An exemption from section 5(1)(a) is hereby granted, in respect of each of the addresses specified in Schedule 2 to this Order, to any person in respect of the conveyance of gas by that person from that address through pipes to a pipe-line system operated by a public gas transporter.

    5.    Each of the persons mentioned in column 1 of Schedule 3 to this Order is hereby granted an exemption from section 5(1)(b) of the 1986 Act in respect of the supply of gas to each of the premises identified in column 2 of that Schedule.

Condition of exemptions granted by article 3
    6.—(1)  Subject to paragraph (2) below, each terminal operator shall, except in so far as the Secretary of State consents to his not doing so, comply with any direction given by the Secretary of State, after he has consulted the terminal operator, the relevant transporter, the Director General of Gas Supply and the Health and Safety Executive, to supply to a relevant transporter such information as may be specified or described in the direction—
 (a) at such times, in such form and such manner; and
 (b) in respect of such periods, not being less than 1 hour,
as may be so specified or described.

    (2)  No terminal operator shall be in breach of this condition if he is prevented from complying with such a direction by an incident beyond his control.

    (3)  In this condition, unless the context otherwise requires—
"information" means information—
 (a) relevant to the operation of a pipe-line system—
 (i) which is operated by such public gas transporter as may be specified in the direction given by the Secretary of State; and
 (ii) to which gas is conveyed—
 (aa) by the terminal operator in pursuance of an exemption granted by article 3; or
 (bb) directly or indirectly, by a public gas transporter to whose pipe-line system the terminal operator conveys gas in pursuance of an exemption granted by article 3; and
 (b) relating to—
 (i) the calorific value or the total quantity of gas expected to be conveyed or which could be conveyed during the next following day by the terminal operator through pipes in pursuance of an exemption granted by article 3; or
 (ii) any changes in such calorific value or total quantity as may be so specified;


"day" means the period beginning at 6 a.m. on one day and ending immediately before 6 a.m. on the next following day;
"relevant transporter" means a public gas transporter operating a pipe-line system to which the terminal operator conveys gas through pipes in pursuance of an exemption granted by article 3.

Tim Eggar

Minister for Industry and Energy, Department of Trade and Industry

29th February 1996

[1] 1986 c. 44. Section 6A was substituted by section 4 of the Gas Act 1995 (c. 45). back

Explanatory Note