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Statutory Rules of Northern Ireland


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2004 No. 404

GAS

The Gas (Designation of Pipelines) Order (Northern Ireland) 2004

  Made 22nd September 2004 
  Coming into operation 1st October 2004 

The Department of Enterprise, Trade and Investment, in exercise of the powers conferred on it by Article 59(1) to (3) and (5) and (6) of the Energy (Northern Ireland) Order 2003[1] and of every other power enabling it in that behalf, after having given notice in accordance with paragraph (4) of that Article and having considered any representations or objections which are duly made and not withdrawn, hereby makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Gas (Designation of Pipelines) Order (Northern Ireland) 2004 and shall come into operation on 1st October 2004.

    (2) In this Order -

Designated pipelines
     2. Each pipeline specified in column (1) of the Schedule, being a high pressure pipeline, is hereby designated as a pipeline to which Article 60 of the Energy Order applies for the period beginning on and including the date of commencement of this Order and ending on the date specified opposite thereto in column (2) of the Schedule.

Cessation of Designation
    
3.  - (1) So much of this Order as designates any particular pipeline for the purposes of Article 60 of the Energy Order shall cease to have effect where -

    (2) For the purpose of paragraph (1)(b) an "insolvency event" occurs in relation to a relevant licensee if it:

    (3) In paragraph (2)(a) the reference to Article 103(1) of the Insolvency Order and to section 123(1) of the Insolvency Act shall be construed as, in each case, a reference to that provision as if in sub-paragraph (a) for "£750" there was substituted "£250,000".

    (4) For the purposes of paragraph (2)(a), a licensee shall not be deemed to be unable to pay its debts if any such demand as is mentioned in Article 103(1)(a) of the Insolvency Order, or section 123(1)(a) of the Insolvency Act is being contested in good faith by that licensee with recourse to all appropriate measures and procedures.



Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on


22nd September 2004.

L.S.


M. A. Warnock
A senior officer of the Department of Enterprise, Trade and Investment


SCHEDULE
Articles 2 and 4


DESCRIPTION OF THE PIPELINE


That part of the pipeline known as the Scotland to Northern Ireland pipeline which runs from the low water mark at Castle Robin Bay to (and including) the Pressure Reduction Station within the inner security fence at Ballylumford power station in Northern Ireland. 1st October 2021
The pipeline known as the Belfast pipe-line consisting of two sections, which runs for 26 kilometres from the Pressure Reduction Station at Ballylumford power station to (and including) the Pressure Reduction Station at Torytown and for 9 kilometres from Torytown to (and including) the Knocknagoney Pressure Reduction Station. 1st October 2024
The pipeline known as the North West pipeline, which runs for 116 kilometres from the tied in point of intersection with the Phoenix Belfast pipe-line (at Carrickfergus) to (and including) the Pressure Reduction Station at Coolkeeragh. 1st October 2029



EXPLANATORY NOTE

(This note is not part of the Order.)


Article 8(1) of the Gas (NI) Order 1996 authorises the holder of licences issued under -

These licences are subject to standard conditions. There are also conditions attaching to particular licences. Article 60(1) of the Energy (Northern Ireland) Order 2003 provides for the Department of Enterprise, Trade and Investment, after consultation with the Northern Ireland Authority for Energy Regulation, to modify the conditions of particular licences or the standard conditions where it considers it necessary or expedient to do so for the purposes of implementing or facilitating the operation of arrangements designed to secure that prices charged in connection with the conveyance of gas through certain designated pipelines are in accordance with a common tariff which does not distinguish (whether directly or indirectly) between different parts of Northern Ireland or the extent of use of any such pipeline.

This Order designates the pipelines to which this power of modification applies.

Each pipeline is described in the Schedule and the designation has effect from the date of coming into operation of the Order until the date specified opposite the pipeline in the Schedule. However, the Order also specifies certain events on the happening of which, the Order (or so much thereof as designates any particular pipeline) shall cease to have effect. These events are set out in Article 3.


Notes:

[1] S.I. 2003/419 (N.I. 6)back

[2] S.I. 1996/275 (N.I. 2) as amended by S.R. 2002 No. 291 and the Energy Order (in particular Article 30)back

[3] S.I. 1989/2405 (N.I. 19)back

[4] 1986 c. 45back

[5] Schedule B1 was substituted for sections 8 to 27 of the Insolvency Act by section 248(1) of the Enterprise Act 2002back



ISBN 0 33795679 0


  © Crown copyright 2004

Prepared 30 September 2004


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