Gas (Interim) (Regulation) Act, 2002

Interpretation.

2.—(1) In this Act—

“Act of 1993” means Gas (Amendment) Act, 1993 ;

“Act of 1995” means Energy (Miscellaneous Provisions) Act, 1995 ;

“Act of 1999” means Electricity Regulation Act, 1999 :

“Act of 2000” means Gas (Amendment) Act, 2000 ;

“appointed day” means the day appointed by the Minister for the purposes of this Act;

“Board” means Board Gáis Éireann;

“Commission” means Commission for Energy Regulation;

“customer” in relation to natural gas, means wholesale or final customers of natural gas and natural gas undertakings which purchase natural gas;

“Directive” means Directive 98/30/EC of the European Parliament and of the Council of 22 June 19981 concerning the internal market in natural gas;

“distribution” in relation to natural gas, means the transport of natural gas through local or regional pipelines with a view to its delivery to customers;

“distribution pipeline” means a pipeline used or intended to be used for the distribution of natural gas in accordance with such criteria as may be specified by the Commission, from time to time, and includes part of such a pipeline, and includes any apparatus, equipment or other thing which is ancillary to such a pipeline;

“final customer” in relation to natural gas, means a consumer purchasing natural gas for his or her own use;

“functions” includes powers and duties;

“Minister” means Minister for Public Enterprise;

“natural gas licence” means a licence granted under section 16 ;

“natural gas system” means the system of pipelines and liquefied natural gas and storage facilities, excluding upstream pipelines, used for the transmission, distribution, storage and supply of natural gas to, from or within the State;

“natural gas undertaking” has the same meaning as in section 2(1) (as amended by section 22 ) of the Act of 1999;

“pipeline” has the same meaning as in section 2 (as amended by section 23 ) of the Gas Act, 1976 ;

“shipping” in relation to natural gas, means the introduction into, the conveyance by means of, or take off from the natural gas system of natural gas by persons other than the operator of the relevant pipeline or facility being used for the purpose of introducing, conveying or taking off the natural gas;

“storage” in relation to natural gas, means the stocking of natural gas by a natural gas undertaking but does not include any natural gas in a pipeline under the control of that undertaking;

“supply” in relation to natural gas, means the delivery or sale of natural gas, including liquefied natural gas, to customers and includes shipping;

“transmission” in relation to natural gas, means the transport of natural gas through a high pressure pipeline, other than an upstream pipeline, with a view to its delivery to customers;

“transmission pipeline” means a pipeline used or intended to be used for the transmission of natural gas in accordance with such criteria as may be specified by the Commission, from time to time, and includes part of such a pipeline, and includes any apparatus, equipment or other thing which is ancillary to such a pipeline;

“upstream pipeline” means any pipeline operated or constructed as part of a gas production project, or used to convey natural gas from one or more such projects to a processing plant or terminal or final coastal landing terminal.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act.

1 O.J. No. L. 204, 21.7.98, p.1