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Conferral on Board of additional functions in relation to supply, transmission, distribution and sale etc., of gas.
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2.—(1) The Minister may by order confer on the Board—
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(a) functions corresponding to the functions, or such of them as the Minister considers appropriate, that are conferred on the Company by the Alliance and Dublin Gas Acts, 1866 to 1909, in relation to the supply, transmission, distribution and sale of gas and the provision, maintenance, repair and replacement for those purposes of pipelines and the sale, hire, leasing, provision by means of hire-purchase or credit-sale, installation, repair and maintenance of gas appliances,
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(b) any functions that, in the opinion of the Minister are incidental or ancillary to any functions conferred on the Board under paragraph (a) of this subsection or that, in the opinion of the Minister, are requisite or advantageous to, or facilitate, the performance by the Board of any such functions, and
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(c) any functions that, in the opinion of the Minister, are necessary or expedient for ensuring that, in the performance by the Board of the functions conferred on it under paragraphs (a) and (b) of this subsection, the safety of the public and property is, as far as is practicable, secured.
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(2) Without prejudice to the generality of paragraph (c) of subsection (1) of this section, an order under that subsection may confer on the Board, and members of the staff of the Board duly authorised by the Board in that behalf, power to enter and inspect any premises and there to take such measures as they consider appropriate (includingthe evacuation of persons found on those premises) for the purpose of ensuring that, in the performance by the Board of the functions conferred on it under paragraphs (a) and (b) of the said subsection (1), the safety of the public and property is, as far as is practicable, secured.
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(3) The Board shall publish each year separate audited accounts of the Dublin Gas Company operation showing the full financial position of the company, including details of the contract for purchase of gas and a general description of the tariffs for sale of gas to customers.
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(4) An order under subsection (1) of this section may make provision for such incidental or ancillary matters as the Minister considers necessary or expedient and may include a provision that obstruction of or interference with the Board or members of its staff in the performance of their functions under this section or failure or refusal to comply with directions given by the Board or members of its staff in the performance of their functions under paragraph (c) of that subsection shall be offences punishable on summary conviction by such penalties specified in the order as the court may impose.
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(5) Functions conferred on the Board by an order under subsection (1) of this section may be performed only in such areas as may be specified in the order and such an order may confer on the Board different functions in relation to different areas.
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(6) (a) Subject to paragraph (b) of this subsection and notwithstanding subsection (1) of this section, section 8 (7) of the Principal Act shall apply to the construction of a pipeline pursuant to and in accordance with a function conferred on the Board under this section as it applies to the construction of a pipeline pursuant to and in accordance with a function conferred on the Board by that Act.
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(b) The Minister may, with the consent of the Minister for Finance, by notice in writing delivered to the Board declare that the said section 8 (7) shall not apply to the construction pursuant to and in accordance with a function conferred on the Board under the said subsection (1).of pipelines or specified pipelines or classes of pipelines in an area in which functions conferred by an order under the said subsection (1) may be performed, or a specified part of that area and, whenever a notice under this paragraph is in force, the said section 8 (7) shall not apply in relation to the construction of pipelines, or those pipelines or classes of pipelines specified in the notice, in the area specified in the notice.
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(c) The Minister may, with the consent of the Minister for Finance, specify in a notice under paragraph (b) of this subsection such conditions (if any) as he thinks desirable in relation to the construction, maintenance, repair or replacement of the pipelines or classes of pipelines to which the notice relates and the Board shall comply with any conditions so specified.
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(d) The Minister may, with the consent of the Minister for Finance, by notice in writing delivered to the Board, amend or revoke a notice under this subsection (including a notice under this paragraph).
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(7) The Minister may, by order under this subsection, revoke or amend an order under this section (including an order under this subsection).
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(8) An order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
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