S.I. No. 265/2002 - Gas (Interim) (Regulation) Act 2002 (Criteria For Determination of Applications For Natural Gas Licences) Regulations 2002

I, Joe Jacob, Minister of State at the Department of Public Enterprise, in exercise of the powers conferred on me by section 16 (8) of the Gas (Interim) (Regulation) Act 2002 (No. 10 of 2002) and the Public Enterprise (Delegation of Functions) (No. 2 Order 2002 ( S.I. No. 249 of 2002 ) hereby make the following regulations:

1.   These regulations may be cited as the Gas (Interim) (Regulation) Act 2002 (Criteria for Determination of Applications for Natural Gas Licences Regulations 2002.

2.   The criteria in accordance with which an application for a natural gas licence may be determined by the Commission are that the Commission is satisfied that if it grants the licence -

a)   no activity carried out under it will adversely affect the security of supplies of natural gas,

b)   no activity carried out under it will adversely affect the safety and security of the natural gas system,

c)   the applicant will comply with any code of operations in so far as it is applicable to the applicant and, at the relevant times, will have the capability of doing so,

(d)  any facility to be operated by the applicant under the licence will be capable of interoperating in a secure, safe and efficient manner with the natural gas system,

(e)  the applicant will comply with the requirements of section 16 (3) of the Gas (Interim) (Regulation) Act, 2002 ;

(f)   the applicant will comply with any terms and conditions as may be specified in the licence by the Commission under section 16 (1) of the Gas (Interim) (Regulation) Act, 2002 ,

(g)  the applicant will be capable of paying any levy charged by the Commission, and,

(h)  the applicant is a fit and proper person to be granted a natural gas licence and has the financial capacity and technical skills to carry out the activities to which the application relates.

Explanatory Note

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

These regulations set out the criteria in accordance with an application for a natural gas licence may be determined by the Commission for Energy Regulation.