GAS REGULATION ACT 2013

• Jurisdiction: Ireland
• Citation: IR No. 39/2013
• Year: 2013

Number 39 of 2013
GAS REGULATION ACT 2013
CONTENTS
PART 1
Preliminary and General
Section
1. Short title and commencement
2. Interpretation
3. Expenses
4. Report by Minister
PART 2
Network company
5. Network company
6. Memorandum and articles of association of network company
7. Directors of network company
8. Disqualification for office of director of network company
9. Member of either House of Oireachtas or European Parliament
10. Disclosure of interests by directors of network company
11. Disclosure of interests by members of staff of network company
12. Disclosure of confidential information
13. BGÉ and Gaslink to prepare network transfer plan
14. Approval by Minister of network transfer plan
15. Network transfer date
16. Transfer to network company
17. Transfers to network company after network transfer date
18. Proof of title by certificate
19. Right to production of documents of title
20. Annual report and accounts
PART 3
Transfer of Energy Business to Energy Company
21. BGÉ to prepare transfer plan in relation to energy company
22. Memorandum and articles of association of energy company
23. Directors of energy company
24. Approval by Minister of transfer plan in relation to energy company
25. Transfer date in relation to energy company
26. Transfer to energy company
27. Transfers to energy company after transfer date
28. Proof of title by certificate
29. Right to production of documents of title
30. Disposal of energy company
31. Taxation of chargeable gains
PART 4
Amendments to Act of 1976
32. Amendment of Act of 1976
33. Functions of Board
34. Conferring of additional functions on Board
35. Directions as to profits and financial objectives of Board
36. Accounts and audits
37. Staff of Board
38. Amendment of section 18 of Act of 1976 — Superannuation of officers and servants of Board
39. Board’s capital commitments
40. Amendment of First Schedule to Act of 1976
PART 5
Miscellaneous
41. Transfer of certain capital stock issued by BGÉ under section 7B(2) of the Act of 1976
42. Functions of majority-shareholding Minister in relation to network company
43. Amendment of section 2 of Act of 1987
44. Amendment of section 17 of Gas (Amendment) Act 2000
45. Amendment of section 16 of the Gas (Interim) (Regulation) Act 2002
46. Amendment of section 16 of the Water Services Act 2013
47. Further amendment of Water Services Act 2013
SCHEDULE 1
Transfer of Assets, Licences, Rights and Liabilities of BGÉ, and of Gaslink, to Network Company
SCHEDULE 2
Transfer of Certain Employees of BGÉ, and of Gaslink, to Network Company
SCHEDULE 3
Transfer of Assets, Licences, Rights and Liabilities to Energy Company
SCHEDULE 4
Transfer of Certain Employees to Energy Company
Acts Referred to
Alliance and Dublin Gas Acts 1866 to 1909
Companies (Amendment) Act 1983 (No. 13)
Companies (Amendment) Act 2009 (No. 20)
Companies Act 1963 (No. 33)
Companies Act 1990 (No. 33)
Companies Acts
Electricity Regulation Act 1999 (No. 23)
Energy (Miscellaneous Provisions) Act 1995 (No. 35)
Energy (Miscellaneous Provisions) Act 2006 (No. 40)
Environmental Protection Agency Act 1992 (No. 07)
Ethics in Public Office Act 1995 (No. 22)
European Parliament Elections Act 1997 (No. 2)
Foreshore Act 1933 (No. 12)
Gas (Amendment) Act 1987 (No. 09)
Gas (Amendment) Act 2000 (No. 26)
Gas (Interim) (Regulation) Act 2002 (No. 10)
Gas Act 1976 (No. 30)
Land And Conveyancing Law Reform Act 2009 (No. 27)
Ministers and Secretaries (Amendment) Act 2011 (No. 10)
Stamp Duties Consolidation Act 1999 (No. 31)
Superannuation Act 1859 (22 Vict., c. 26)
Superannuation Acts 1834 to 1963
Taxes Consolidation Act 1997 (No. 39)
Water Services Act 2013 (No. 6)
Number 39 of2013
GAS REGULATION ACT 2013
An Act to provide for the reorganisation of Bord Gáis Éireann’s transmission and distribution operations and energy business, and for that purpose for the establishment of subsidiaries of Bord Gáis Éireann; to provide for the continued public ownership of natural gas networks; to provide for the further implementation of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 1 by providing for the disposal of Bord Gáis Éireann’s energy business and for the reorganisation of the ownership of Bord Gáis Éireann; to amend the Gas Act 1976 , the Gas (Amendment) Act 1987 , the Gas (Amendment) Act 2000 , the Gas (Interim) (Regulation) Act 2002 and the Water Services Act 2013 ; and to provide for related matters.
[3rd December, 2013]
Be it enacted by the Oireachtas as follows:
PART 1 Preliminary and General
		Short title and commencement
	1. (1) This Act may be cited as the Gas Regulation Act 2013.
	(2) This Act, other than section 47 , shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
		Interpretation
	2. In this Act—
	“Act of 1976” means Gas Act 1976 ;
	“Act of 1987” means Gas (Amendment) Act 1987 ;
	“Act of 2002” means Gas (Interim) (Regulation) Act 2002 ;
	“Act of 2006” means Energy (Miscellaneous Provisions) Act 2006 ;
	“assets” means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money) and includes securities, choses in action and documents;
	“BGÉ” means Bord Gáis Éireann;
	“Commission” means Commission for Energy Regulation (as adapted by section 5 of the Act of 2002);
	“disposal date”, in relation to an energy company, means the date on which the energy company is disposed of pursuant to section 30 ;
	“distribution system” means the system owned by BGÉ and operated by Gaslink for the transport of natural gas through local or regional pipelines with a view to its delivery to customers;
	“employees of BGÉ” includes employees of the Board within the meaning of section 7A of the Act of 1976;
	“energy business” means the energy business owned and operated by BGÉ and its subsidiaries and includes the functions, business activities, assets and licences of BGÉ and its subsidiaries that relate to—
	(a) the supply of natural gas,
	(b) the generation of electricity,
	(c) the supply of electricity, and
	(d) the operations of the subsidiary of BGÉ registered under the laws of the United Kingdom of Great Britain and Northern Ireland as firmus energy (Distribution) Limited under company registration number 05375370;
	“energy company” shall be construed in accordance with section 21 ;
	“Gaslink” means Gaslink Independent System Operator Ltd., being the company formed pursuant to Regulation 5 of the European Communities (Internal Market in Natural Gas) (BGÉ) Regulations 2005 ( S.I. No. 760 of 2005 );
	“liabilities” means liabilities, debts or obligations (whether present or future and whether vested or contingent);
	“licences” includes licences, authorisations and permits under —
	(a) the Foreshore Act 1933 ,
	(b) the Environmental Protection Agency Act 1992,
	(c) the Electricity Regulation Act 1999 ,
	(d) the Gas (Amendment) Act 2000 ,
	(e) the Act of 2002,
	(f) the European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 ( S.I. No. 490 of 2012 ).
	“majority-shareholding Minister” has the same meaning as it has in the Act of 1976;
	“material interest” shall be construed in accordance with section 2 (3) of the Ethics in Public Office Act 1995 ;
	“Minister” means Minister for Communications, Energy and Natural Resources;
	“Natural Gas Directive” means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 2 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC;
	“network company” shall be construed in accordance with section 5 ;
	“network transfer date” shall be construed in accordance with section 15 ;
	“network transfer plan” shall be construed in accordance with section 13 ;
	“ownership”, in relation to an asset, includes proprietary rights arising under a lease, a licence or a bailment of the asset;
	“rights” means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent);
	“transmission system” means the system owned by BGÉ and operated by Gaslink for the transport of natural gas through a high pressure pipeline, other than an upstream pipeline, with a view to delivering the gas to customers;
	“subsidiary” means a subsidiary within the meaning of the Companies Acts;
	“transfer date” shall be construed in accordance with section 25 ;
	“transfer plan” shall be construed in accordance with section 21 .
		Expenses
	3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
		Report by Minister
	4. (1) The Minister shall, not later than one year after the commencement of this Part, lay before each House of the Oireachtas a report on the operation of this Act during that period.
	(2) Notwithstanding the generality of subsection (1), a report under this section shall include information on—
	(a) the formation of the network company,
	(b) the approval of any network transfer plan,
	(c) the approval of any transfer plan to an energy company,
	(d) the disposal of any energy company, and
	(e) the appointment of the majority-shareholding Minister under section 7B(2)(e) of the Act of 1976.
PART 2 Network company
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