I, RAY BURKE, Minister for Energy, considering it appropriate that functions corresponding to certain functions of the Dublin Gas Company be conferred on the Irish Gas Board and, in respect of each of certain other functions, being of the appropriate opinion as specified in paragraph (b) or (c) of section 2 (1) of the Gas (Amendment) Act, 1987 (No. 9 of 1987), hereby, in exercise of the powers conferred on me by the said section 2(1), order as follows:

1 Citation.

1. This Order may be cited as the Gas (Amendment) Act, 1987 (Section 2) Order, 1987.

2 Commencement.

2. This Order shall come into operation on the 3rd day of November 1987.

3 Interpretation.

3. In this Order, unless the context otherwise requires—

"the Act of 1976" means the Gas Act, 1976 (No. 30 of 1976);

"the Board" has the same meaning as it has in the Act of 1976;

"building" includes a dwelling and any part of a building which is self-contained but does not include the exterior walls of any building which abut land;

"functions" includes powers, duties, rights and obligations and references to the performance of functions include, as respects powers, duties, rights and obligations, references to the exercise of the powers and rights and the carrying out of the duties and obligations;

"gas fitting" means any appliance, apparatus or other thing including associated flueing and ventilation equipment which is used in connection with the consumption or use of gas supplied by the Board, whether the gas fitting is the property of the Board or of some other person;

"land" includes roads, land covered with water and the exterior walls of any building which abut land but does not otherwise include land covered by buildings;

"the Minister" means the Minister for Energy;

"owner", in relation to land or buildings, means a person other than a mortgagee not in possession, who, whether in his own right or as a trustee or agent for any other person, is entitled to receive the rack rent of the land or building, as the case may be, or, where the land or building is not let at a rack rent, would be so entitled if it were so let;

"pipeline" means a pipeline used or intended to be used for the supply, transmission, distribution or sale of gas by the Board by virtue of the Gas (Amendment) Act, 1987 (No. 9 of 1987), and includes any part of a pipeline, gas main, service pipe, installation pipe and any apparatus, equipment or other thing which is ancillary to such a pipeline including a gas meter;

"public holiday" shall be construed in accordance with the Schedule to the Holiday (Employees) Act, 1973 (No. 25 of 1973);

"relevant area", in relation to a function, means any area specified in the first column of the Schedule to this Order in respect of which a reference to the function is specified in the second column of that Schedule opposite the area so specified;

"road" includes a street, pathway, verge, or bridge;

"road authority" means the council of a county, the corporation of a county or other borough, or the council of an urban district;

"working day" means a day other than a Saturday, Sunday or a day that is a public holiday.

4 Conferment of functions on Board.

4. (1) The functions hereinafter set out in this Order are, in respect of each of the areas specified in the first column of the Schedule to this Order, hereby conferred on the Board to the extent specified in the second column of that Schedule opposite the area specified in the said first column.

(2) Notwithstanding the provisions of paragraph (1) of this Article and the areas specified in the first column of the Schedule to this Order, where the functions set out in Article 13, 14 (in so far as it relates to the said Article 13) or 17 of this Order apply in a relevant area by virtue of the provisions as aforesaid, then those functions shall also apply up to 400 metres outside the relevant area.

5 Power to supply, transmit, distribute and sell gas.

5. The Board may supply, transmit, distribute and sell gas within a relevant area.

6 Use of meters, etc.

6. (1)The Board may require any consumer of gas supplied by it to take such supply through a gas meter.

(2) Where gas is supplied through a meter the register of that meter shall be prima facie evidence of the quantity of gas supplied and in respect of which a charge is made, and sought to be recovered, by the Board.

7 Power to sell, hire, install, repair, etc., gas fittings.

7. (1) The Board may sell, hire, lease, provide by means of hire-purchase or credit-sale, install, repair and maintain gas fittings.

(2) In this Article, the words "hire-purchase" and "credit-sale" shall each be construed in accordance with the Hire-Purchase Acts, 1946 to 1980.

8 General safety.

8. (1) Where the Board is of the opinion that the provision of a new supply of gas or the continuation of an existing supply of gas would give rise to an abnormal risk affecting the safety of persons, land, buildings or other property, then the Board shall refuse, as appropriate, to provide the new supply of gas or to continue the existing supply of gas.

(2) The Board shall at all times exercise the practices and standards of a prudent gas undertaking including, but not confined to, the following:

( a ) adequate emergency and repair facilities,

( b ) adequate training of staff,

( c ) adequate odorisation of gas,

and shall have regard to relevant international standards and practices.

9 General provisions relating to pipelines on land, etc.

9. (1) The Board may—

( a ) open and break up any land for the purpose of placing pipelines in or under any land and for any of the purposes set out in paragraph (3) of this Article, and

( b ) do all other acts in relation to pipelines on land which, in the opinion of the Board, are necessary for the safe and efficient supply, transmission and distribution of gas.

(2) In relation to the placing or laying down of any pipeline in or under any land for the first time, nothing in this Article shall be construed as authorising the Board to lay down or place such pipeline otherwise than in accordance with all relevant statutory requirements and, except in the case where land is comprised of a road the responsibility for the maintenance of which rests with a road authority, unless either—

( a ) consent thereto is given—

(i) where the land is occupied, by the occupier of that land where he appears to the Board to be legally entitled to give the relevant consent in respect of that land or, where the occupier does not so appear, by such person as appears to the Board to be legally entitled to give the relevant consent,

(ii) where the land is unoccupied, by the owner of that land,

( b ) a right is acquired by the Board in accordance with sections 31 and 32of the the Act of 1976.

(3) ( a ) A person duly authorised by the Board in that behalf may enter any land, at any reasonable time and with such equipment as may be appropriate in the circumstances, for the purpose of inspecting, testing, maintaining, repairing, altering, replacing or removing any pipeline which has already been laid down and which is the responsibility of the Board.

( b ) Nothing in this paragraph shall be construed as authorising the Board to open and break up any land which consists of an exterior wall of a building unless, in respect of the wall, either—

(i) consent to the opening or breaking up is given by the person who could so consent, under paragraph (2) of this Article, were a pipeline being laid down or placed there for the first time, or

(ii) a right is acquired by the Board in accordance with sections 31 and 32of the the Act of 1976.

(4) Nothing in this Article shall be construed as affecting any relevant statutory requirement concerning consent to the opening and breaking up of any land.

10 Notices, etc., in respect of opening and breaking up of land.

10. (1) In connection with the opening and breaking up of any land for the purposes of this Order, the Board shall—

( a ) in every case other than in an emergency—

(i) give not less than 5 working days' notice to the appropriate person of its intention to open and break up such land, and

(ii) comply with any reasonable requirement of the appropriate person,

and

( b ) in the case of an emergency, notify the appropriate person not later than the next working day after the commencement of the opening and breaking up of such land and, where the work is not completed by that day, comply with any reasonable requirement of the appropriate person.

(2) When the Board causes any land to be opened or broken up, it shall, as soon as is practicable and subject to the need to ensure (as far as is practicable) the safety of persons and property, cause the following to be done, that is to say—

( a ) the completion of the work,

( b ) the reinstatement or making good of the land, and

( c ) the removal of the spoil and rubbish occasioned by the work.

(3) Nothing in this Article shall be construed as affecting any other relevant statutory requirement concerning the giving of notice to any other person.

(4) In this Article "appropriate person" means—

( a ) where the land is comprised of a road the responsibility for the maintenance of which lies with a road authority, the road authority,

( b ) in any other case—

(i) where the land is occupied, the occupier of that land where he appears to the Board to be legally entitled to be given the relevant notice in respect of that land or, where the occupier does not so appear, such person as appears to the Board to be legally entitled to be given the relevant notice,

(ii) where the land is unoccupied, the owner of that land.

11 Entry of buildings on behalf of Board.

11. (1) A person appointed in writing by the Board to be an authorised person for the purposes of this Article (in this Article referred to as "an authorised person") may, at any reasonable time and with such equipment as may be appropriate in the circumstances, enter any building which is supplied with gas, or is reasonably presumed by him to be so supplied, for any one of the following purposes, namely:

( a ) for inspecting or testing any pipeline or gas fitting in the building,

( b ) for maintaining, repairing, installing, altering, replacing or removing any pipeline or gas fitting which is the property of the Board,

( c ) for ascertaining from any meter the quantity of gas consumed from or supplied by the Board,

( d ) for collecting money from any coin meter for gas consumed from or supplied by the Board,

( e ) for cutting off the supply of gas in accordance with this Order,

( f ) if the supply of gas has been duly cut off, for ensuring that the supply of gas has not been reconnected otherwise than with the approval of the Board,

( g ) for doing any other thing reasonably incidental to the foregoing provisions of this Article or necessitated by this Order.

(2) Before an authorised person enters a building for any of the purposes set out in paragraph (1) of this Article he shall either—

( a ) obtain the consent of a person who he reasonably believes is entitled to consent to such entry, or

( b ) give to the occupier of the building (where it is occupied) or to the owner thereof (where it is unoccupied) not less than 14 days notice in writing of his intention to make the entry for a specified purpose.

(3) A person to whom a notice of intention to enter the building for a specified purpose has been given under this Article by an authorised person may, not later than 14 days after the giving of such notice, apply, on notice to the Board, to the Justice of the District Court having jurisdiction in the district court district in which the building is situate for an order prohibiting the entry for that purpose, and, upon the hearing of the application, the Justice may, if he so thinks proper, either wholly prohibit the entry for that purpose or specify conditions to be observed by the authorised person making the entry.

(4) Where a Justice of the District Court prohibits under this Article a proposed entry of the building, it shall not be lawful for any person to enter under paragraph (1) of this Article into the building by virtue of, and for the purpose specified in, the notice unless the occupier or the owner concerned (as the case may be) subsequently consents, and where a Justice of the District Court specifies under this paragraph conditions to be observed by persons entering the building, every person who enters that building by virtue of those conditions shall observe them.

(5) Nothing in paragraph (1) (b) of this Article shall be construed as authorising the removal from any building concerned of any of the Board's property to which the said paragraph (1) (b) relates and which is subject to the provisions of the Hire-Purchase Acts, 1946 to 1980, otherwise than in accordance with those Acts.

12 Cutting off of gas supply, etc.

12. (1) Subject to this Article, the Board shall be under no obligation to any person to provide, or continue providing, a supply of gas to such person.

(2) Where gas is being supplied to any building, the Board may cause the supply of gas to such building to be cut off—

( a ) after giving 3 months notice in writing to the gas account holder concerned of their intention to so cut off, or

( b ) whenever the gas account holder ceases—

(i) where he has been occupying such building, to occupy or otherwise be responsible for the building, or

(ii) in any other case, to be responsible for such building,

and where no appropriate person is prepared and capable of entering into a contract with the Board for the supply of gas to the building, or

( c ) whenever any payment is overdue to the Board from the gas account holder concerned in respect of such supply or otherwise, or

( d ) at any time without notice when a person duly authorised by the Board in that behalf is of the opinion that the continued supply of gas to such building would be likely to give rise to an abnormal risk affecting the safety of any person, land, building or other property, or

( e ) whenever such supply has been reconnected without the Board's approval after having been duly cut off, or

( f ) whenever entry (being entry to such building or any land within the curtilage of such building in accordance with, and for the purposes of, an applicable provision in any other Article of this Order) is refused to a person duly authorised by the Board to make such an entry.

(3) Where the circumstances of a case are such that the provisions of subparagraph (f) of paragraph (2) of this Article apply thereto but the provisions of subparagraphs (a), (b), (c), (d) and (e) of that paragraph, or any of them, do not also apply to the case, then, except where Article 13 of this Order applies to the case, the Board shall not cut off the supply of gas to the building concerned until a person authorised by the Board in accordance with and for the purposes of Article 11 would be entitled by virtue of that Article to enter that building.

(4) For the purposes of paragraph (2) (c) of this Article, a payment shall be overdue when 30 days have elapsed since a bill was first issued by the Board to the gas account holder concerned in respect of the payment of an amount due to the Board by him and the full amount of that payment, as set out in the bill, has not been paid.

(5) Every bill to which paragraph (4) of this Article relates shall carry a notice setting out the subject matter of paragraphs (2) (c) and (4), and paragraph (6) (in so far as it relates to the said paragraph (2) (c)), of this Article.

(6) Where the supply of gas to a building has been cut off in accordance with subparagraph (c), (e) or ( f ) of paragraph (2) of this Article, the Board shall be entitled to recover from the person concerned the cost to the Board of cutting off that supply.

(7) In paragraph (2) (b) of this Article, "appropriate person" means a person—

( a ) who is occupying or is otherwise responsible for the building concerned, and

( b ) in respect of whom the Board has no reason to believe that he would not pay the amounts due for gas if it were to be supplied to him under a contract to which the said paragraph (2) (b) would relate.

13 Exercise of powers in relation to safety of public or property

13. (1) A person appointed in writing by the Board to be an authorised person for the purpose of this Article (in this Article referred to as "an authorised person") may enter (without notice or consent, and by force, if necessary in the circumstances) and inspect any land or building and there take such measures as he considers appropriate for the purpose of ensuring that, in the performance of its other functions under this Order, the safety of the public and property is, as far as practicable, secured:

Provided that the authorised person may only so enter, inspect and take such measures as aforesaid where he is of the opinion that there is or may be a danger to any person, land, building or other property arising from the use, misuse or leakage of gas or defects in any pipeline or gas fitting.

(2) Without prejudice to the generality of paragraph (1) of this Article, an authorised person may, in exercising powers under that paragraph—

( a ) by direction, order persons to evacuate premises,

( b ) by direction, order persons to perform, or refrain from performing any act if, in his opinion, the performance or non-performance of such act (as the case may be) is necessary in order to alleviate, or prevent the escalation of, the danger,

( c ) search for gas leaks or escaped gas,

( d ) carry out any works necessary to avert, mitigate or eliminate the danger, and

( e ) cut off the supply of gas without notice.

14 Security of land or building entered.

14. Where, in pursuance of any function under Article 9, 11 or 13 of this Order, entry of any land or building is duly made by a person authorised in that behalf by the Board and such land or building is rendered less secure as a result of such entry, then the person shall, as far as is practicable when leaving such land or building, leave it no less secure than it was before being so rendered.

15 Reports on safety, etc., to Minister.

15. (1) The Board shall prepare and submit to the Minister, in respect of each such period as he may from time to time direct (in this Article referred to as "the relevant period"), a report containing—

( a ) a general description of the conditions of pipelines in each of the relevant areas to which this Article relates,

( b ) details of extensions and repairs to, and replacements of, those pipelines,

( c ) details of the number, causes and types of gas leaks reported to or detected by or on behalf of the Board from those pipelines or from gas fittings in each of the relevant areas, and

( d ) such other matters relating to safety in respect of those pipelines or gas fittings as the Minister may, from time to time, require to be included in such a report or which, in the opinion of the Board, ought to be so included,

and the report shall be so submitted as soon as possible after the relevant period.

(2) The Board shall, in respect of the exercise of any functions for the purposes of this Order, supply the Minister with such information relating to safety as he may from time to time request.

16 Safety investigations for Minister.

16. Where the Minister appoints a person to conduct an investigation into the safety of the Board's pipelines and operating practices and procedures, the Board shall co-operate fully with the person and shall make available to him all relevant records, items and evidence in its possession or under its control as he may request.

17 Incidents, reports, investigations, etc.

17. (1) Where an incident occurs involving gas which has been supplied, transmitted, distributed or sold by virtue of this Order and the incident causes, either directly or indirectly—

( a ) the death of any person, or

( b ) injury to any person which requires medical attention to be given to such person in hospital other than as an out-patient, or

( c ) loss or damage to any building, land or other property, where in the opinion of the Board the aggregate value of such loss or damage is in excess of £5,000,

then the Board shall report the incident to the Minister as soon as possible thereafter and, where the Minister has indicated to the Board the form in which any such report is to be, the report shall be in that form.

(2) Where an incident occurs to which paragraph (1) of this Article applies, the Board may, and where the Minister so directs shall, appoint (with the consent of the Minister) one or more than one person (in this Article referred to as "an investigator"), who by virtue of experience, qualifications and independent standing, appears to be suitable, to carry out an investigation into, and to report to the Minister on the causes of, the incident and make such recommendations as appear to him to be necessary in the circumstances.

(3) The Board shall co-operate fully with an investigator and shall make available to him all relevant records, items and evidence in its possession or under its control as he may request.

(4) Where an incident occurs to which paragraph (1) of this Article applies and in respect of the incident—

( a ) before the appointment of an investigator, the Board or the Minister, and

( b ) after the appointment of an investigator, the investigator,

is of the opinion that any building, land or other property (or any part thereof) in respect of which the incident occurred ought to be preserved for the purposes of an investigation under this Article and, in a case to which the opinion of the Minister or the investigator relates, the Board has been informed of that opinion, then a person authorised by the Board in that behalf (in this Article referred to as "an authorised person") shall, as far as is practicable, take all the necessary measures to preserve such building, land or other property (or such part thereof as aforesaid) for such length of time as is appropriate in the circumstances for the purpose of the investigation.

(5) Without prejudice to the generality of paragraph (4) of this Article, an authorised person may, in exercising powers under that paragraph, by direction order persons (including the owner and, where appropriate, the occupier of the property concerned) to perform or refrain from performing any act if, in his opinion, the performance or non-performance of such act (as the case may be) is necessary in order to preserve the property concerned.

(6) The Board may at any time submit a report to the Minister on any incident or series of incidents involving gas which has been supplied, transmitted, distributed or sold by virtue of this Order and to which paragraphs (1) to (5) of this Article do not apply where, in the opinion of the Board, it is desirable that such a report be submitted to the Minister.

(7) Where the Minister is of the opinion that he requires—

( a ) in the case of an incident involving gas to which paragraph (2) of this Article relates, an interim report thereon, or

( b ) in the case of an incident or series of incidents involving gas to which the said paragraph (2) does not relate, a report thereon,

as a matter of urgency because of the nature of the incident or incidents concerned, then the Board shall, upon being informed of that opinion, immediately prepare or cause to be immediately prepared such an interim report or report, as the case may be, and shall submit it to the Minister without delay.

18 Codes of practice and standards.

18. (1) The Board shall, in relation to all new installations, operations, replacements and repairs carried out by or on behalf of the Board, ensure as far as is practicable that any such installation, operation, replacement or repair complies with all relevant codes of practice and standards (or any part thereof) which the Minister may, from time to time, specify by notice in writing to the Board for the purpose of this Article.

(2) Where the Board is of the opinion—

( a ) that any code of practice or standard (whether prepared by the Board or otherwise) ought to apply, with or without modification, to the Board for the purpose of paragraph (1) of this Article, or

( b ) that any notice under paragraph (1) of this Article, ought to be withdrawn, replaced, revised, supplemented or amended,

the Board shall advise the Minister accordingly in writing giving him all relevant details in respect of the matter.

(3) Nothing in this Article shall be construed as affecting any obligation of the Board by virtue of the Industrial Research and Standards Acts, 1961 and 1979.

19 Records, maps, etc.

19. (1) The Board shall make and maintain comprehensive records of all reports, investigations and repairs of gas leaks from any pipeline or gas fitting to which this Article applies.

(2) The Board shall for each relevant area to which this Article applies—

( a ) make and maintain maps showing the position of all pipelines (including any such pipeline which has been abandoned after the commencement of this Article),

( b ) in respect of any pipeline which was abandoned before the commencement of this Article and to which subparagraph (a) of this paragraph would apply had the pipeline not been so abandoned, maintain (where appropriate on the relevant map or maps to which the said subparagraph (a) relates) information on such pipeline which is contained in a map, or otherwise is or was, in the possession or under the control of the Board, and

( c ) make and maintain such other records of those pipelines as are necessary for the safe and efficient operation of a gas transmission and distribution system.

(3) The Board shall ensure that all records (including maps) required to be made by virtue of this Article or otherwise are maintained in a form such that they may be conveniently retrieved for analysis by the Board or by any person appointed under Article 16 or 17 of this Order.

(4) In respect of the maps made or maintained by the Board in accordance with paragraph (2) of this Article, any person having a reasonable interest in knowing of the presence or otherwise of pipelines within an area shall be permitted by the Board to inspect the relevant map or maps, as the case may be.

20 Recovery of charges accruing for supply of gas.

20. If the gas account holder ceases—

( a ) where he has been occupying the building concerned, to occupy or otherwise be responsible for that building, and

( b ) in any other case, to be responsible for the building concerned,

the Board shall be entitled to recover from him, all charges accruing for the supply of gas to that building up to—

(i) where he has given at least 7 clear working days' notice in writing to the Board of the date of ceasing, that date if he so ceases thereon, or

(ii) in any other case—

(I) the next day after he so ceases on which the register of the meter in the building concerned is read by a person authorised by the Board to read that meter, or

(II) the day on which any other person becomes the gas account holder for the building concerned,

whichever event occurs first.

21 Offences.

21. (1) Any obstruction of or interference with the Board or members of its staff in the performance of their functions under this Order or failure or refusal to comply with directions given by the Board or members of its staff in the performance of their functions under Article 13 or 17 of this Order shall be an offence punishable on summary conviction, by a fine not exceeding £1,000 or, at the discretion of the Court, by a term of imprisonment not exceeding 12 months, or by both.

(2) Where an offence under this Order is committed by a body corporate and is proved to have been so committed with the consent of connivance of or to be attributable to any neglect on the part of a director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer or any person purporting to act in such capacity shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

Article 4 (1)

SCHEDULE

Area of application	Functions applicable
The county borough of Dublin, the administrative county of Dublin and so much of the administrative counties of Meath, Kildare and Wicklow as lies within a radius of 25km of the General Post Office, Dublin.	All functions contained in this Order.
So much of the administrative county of Kilkenny as lies within a radius of 10km of the City Hall, High Street, Kilkenny.	All functions contained in this Order.

GIVEN under my Official Seal, this 2nd day of November, 1987.

RAY BURKE,

Minister for Energy

EXPLANATORY NOTE.

This Order confers on Bord Gais Éireann powers, duties, rights and obligations necessary to enable it to engage in the business of running a public gas utility in the Dublin and Kilkenny areas.