Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 21st June, 2011.

The Commission for Energy Regulation, in exercise of the powers conferred on it under Section 9G of the Electricity Regulation Act 1999 (No. 23 of 1999), as amended by the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (No. 11 of 2010), having taken into account the matters raised in the public consultation process carried out by the Commission under Section 9G(1) of that Act, and the Minister for Communications, Energy and Natural Resources having given his consent, hereby make the following regulations:

General

1. These Regulations may be cited as the Electricity Regulation Act 1999 (Liquefied Petroleum Gas Works) Regulations 2011.

2. These Regulations come into operation on 27 June 2011.

3. In these Regulations, except where the context otherwise requires-

"Act" means the Electricity Regulation Act 1999 (No. 23 of 1999) as may be amended from time to time;

"Appliance" means a unit of equipment for the utilisation of Liquefied Petroleum Gas, as set out in Article 1(1) of the G.A.D and which satisfy the essential requirements applicable to them set out in Annex I of the G.A.D;

"Commercial Premises" means any building or part of a building used for the purposes of carrying on a trade or business but does not include that part of a building which is used as a Domestic Premises;

"Domestic Customer" means those end users who use Liquefied Petroleum Gas for residential purposes such as space heating, cooking and hot water utilising standardised and gas burning Appliances approved under the requirements of the G.A.D and gas Appliances manufactured prior to the introduction of the G.A.D;

"Domestic Premises" means any building or part of a building used as a private place of residence;

"G.A.D" means Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to Appliances burning gaseous fuels;

"Industrial Premises" means any building or part of a building used primarily for a process which creates, manufactures, mines or changes raw or unfinished materials into another form or product;

"I.S. 813" means the Irish Standard Specification for Domestic gas installations, covering Natural Gas and Liquefied Petroleum Gas installations in Domestic Premises, which is published by the National Standards Authority of Ireland and which may be amended from time to time;

"I.S. EN 1949" means the Irish Standard Specification for the Installation of LPG Systems for Habitation Purposes in Leisure Accommodation Vehicles and in other Road Vehicles, which is published by The National Standards Authority of Ireland and which may be amended from time to time;

"Liquefied Petroleum Gas" or "LPG" means gas having the characteristic of being easily liquefied by the application of pressure. It is provided as commercial butane and commercial propane or mixtures thereof;

"LPG Fitting" means any non-portable Appliance, apparatus or other thing including associated pipework and flueing;

"Point of Delivery" means the point immediately downstream of the control device fitted to terminate the service pipe.

4(1) For the purposes of section 9G(3) of the Act, 'works which are gas works' means the installation, removal, repair, servicing, maintenance or replacement (or any combination of the foregoing) of a LPG fitting covered by I.S. 813 and or I.S. EN 1949 which is:

(a) used or designed to be used by a Domestic Customer; or

(b) which is designed to be used by a Domestic Customer but which is installed in a Commercial or an Industrial Premises;

4(2) For the purposes of section 9G(3) of the Act 'works which are gas works' does not include-

(a) the installation, removal, repair, servicing, maintenance or replacement of LPG Fittings designed to be used by commercial gas customers;

(b) the installation, removal, repair, servicing, maintenance or replacement of LPG Fittings designed to be used by industrial gas customers;

(d) the design of gas works;

(e) work on the Point of Delivery;

(f) work upstream of the Point of Delivery;

(g) work on LPG Fittings for the supply of gas for automotive use;

(h) work that is specifically designed to be effected by a person without the use of a tool;

(i) the manufacture of Appliances or LPG Fittings;

(j) the connection or replacement of a flexible connector connecting a refillable LPG storage cylinder to installation pipework;

(k) work on a single LPG installation (excluding repair or maintenance) without fixed pipework, achieved by a flexible connector from an adjacent LPG storage cylinder; or

(l) The welding of pipework for Domestic Customers prior to the admission of gas.

GIVEN under the common seal of the Commission forEnergy Regulation,

17 June 2011.

DERMOT NOLAN,

Member of Commission.

17 June 2011.

PAUL McGOWAN,

Member of Staff of the Commission.

EXPLANATORY MEMORANDUM

(This note is not a part of the Instrument and does not purport to be a legal interpretation.)

The Commission for Energy Regulation, in exercise of the powers conferred on it under Section 9G of the Electricity Regulation Act 1999 (No. 23 of 1999), as amended by the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (No. 11 of 2010), having taken into account the matters raised in the public consultation process carried out by the Commission under Section 9G(1) of that Act and with the consent of the Minister for Communications, Energy and Natural Resources designates a class of works to be gas works for the purposes of Section 9G(3) of that Act. For the purposes of section 9G(3) of the Act, "works which are gas works" means the installation, removal, repair, servicing, maintenance or replacement of an LPG Fitting covered by I.S. 813 and or I.S. EN 1949 which is used or designed to be used by a Domestic Customer, or which is designed to be used by a Domestic Customer but which is installed in a Commercial or an Industrial Premises.