Statutory Instrument 1999 No. 2639

The Gas Act 1986 (Exemptions) Order 1999

---

© Crown Copyright 1999

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Gas Act 1986 (Exemptions) Order 1999 , ISBN 0 11 085383 0. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"relevant transporter" means any person, not being the holder of a licence under section 7 of the 1986 Act[2] in respect of such conveyance, who conveys gas through pipes from a relevant storage facility for a distance not exceeding 16.093 kilometres to a pipe-line system operated by a public gas transporter, and "relevant transport" shall be construed accordingly.

Exemption in respect of relevant transport
     3.  - (1) Subject to paragraph (2) below, relevant transporters are hereby granted exemption from section 5(1)(a) of the 1986 Act in respect of relevant transport.

    (2) The exemption granted by paragraph (1) above shall cease to have effect in relation to any relevant transporter who contravenes any of the conditions specified in articles 4 to 6 below.

Conditions of exemption
     4.  - (1) Subject to paragraph (2) below, every relevant transporter 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 relevant transporter, the relevant public gas transporter, the Director and the Health and Safety Executive) that the relevant transporter supply to a relevant public gas 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,

as may be so specified or described.

    (2) Where a relevant transporter is prevented from complying with paragraph (1) above by an incident beyond his control, he shall not be treated as having contravened the condition specified in that paragraph.

    (3) In this article - 

"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 relevant transporter in pursuance of the exemption granted by article 3 above; or

(bb) directly or indirectly, by a relevant public gas transporter; 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 relevant transporter in pursuance of the exemption granted by article 3 above; 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 public gas transporter" means a public gas transporter operating a pipe-line system to which the relevant transporter undertakes relevant transport.

     5.  - (1) Subject to article 6 below, every relevant transporter shall provide the Director with the following particulars not less than 30 days before the date ("commencement date") on which he intends to commence any relevant transport - 

(a) the commencement date;

(b) the location of the relevant storage facility;

(c) the maximum quantity of gas that the relevant storage facility is designed to store ("design capacity"); and

(d) the maximum rate at which gas is designed to be conveyed from the relevant storage facility to a pipe-line system operated by a public gas transporter for a continuous period of 24 hours ("design flow rate").

    (2) Whenever there is an increase or decrease of more than 10 per cent in the design capacity or design flow rate last notified to the Director, resulting from works carried out with a view to such increase or decrease, the relevant transporter shall provide the Director with particulars of such increase or decrease within 30 days of the completion of those works.

     6. Where a relevant transporter intends to commence relevant transport less than 30 days after the date on which this Order comes into force, he shall provide the Director with the particulars specified in article 5(1) above in respect of the relevant storage facility within 30 days of that date.

Exemptions in respect of conveyance and supply of gas to a relevant storage facility
     7.  - (1) An exemption from section 5(1)(a) of the 1986 Act is hereby granted, in respect of such conveyance, to any person who conveys gas through pipes from a pipe-line system operated by a public gas transporter for a distance not exceeding 16.093 kilometres to a relevant storage facility or to premises used solely in connection with the operation of such relevant storage facility.

    (2) An exemption from section 5(1)(b) of the 1986 Act is hereby granted, in respect of such supply, to any person who supplies gas to a relevant storage facility or to premises used solely in connection with the operation of such relevant storage facility, for the purpose of - 

(a) the storage of that gas in the facility; or

(b) the operation of the facility.

Helen Liddell
Minister for Energy and Competitiveness in Europe, Department of Trade and Industry

18th September 1999

[2] Section 7 was substituted by section 5(1) of the Gas Act 1995.back