|Made||18th September 2002|
|Coming into operation||16th October 2002|
Time limits for exclusive licences
5. - (1) After Article 9(1) there shall be inserted the following paragraph -
(2) In Article 9(3) for the words "Where a licence" there shall be substituted the words "Subject to Article 9A, where a licence".
(3) For Article 9(7) there shall be substituted -
(7A) The grantor may not under paragraph (7)(a) substitute a period expiring after the tenth anniversary of the grant of the licence unless he is satisfied that it is necessary or expedient to do so in the interests of the efficient operation of the designated activities.".
Limitation of rights under exclusive licences
6. After Article 9 there shall be inserted -
Conditions of licences
7. After Article 10 there shall be inserted -
(3) For the purposes of paragraph (2)(b) the requirements for system access referred to in that sub-paragraph shall in particular include the requirements that -
(4) In including conditions in a licence under Article 10 and this Article, the grantor shall -
(5) Where the Department or the Director refuses to grant to any person a licence or an extension of a licence, the Department or Director, as the case may be, shall by notice in writing -
(6) In this Article "specified criteria" means the criteria specified by the Department from time to time for the purposes of and in accordance with Article 4(2) of the Directive and published by it.".
Restriction on powers to modify licences
8. After Article 18 there shall be inserted the following Article -
Consent required for constructing major pipelines etc
9. After Article 38 there shall be inserted the following Article -
shall be made subject to such conditions as appear to the Director to be necessary or expedient to ensure that the pipeline or facility, as the case may be, meets the specified criteria.
(2) Any direction given under Article 36 in relation to the modification of a pipeline shall include such requirements as appear to the Director to be necessary or expedient to ensure that the modifications meet the specified criteria.
(3) Any direction given under Article 37 in relation to an increase in the capacity of a gas storage facility shall include such requirements as appear to the Director to be necessary or expedient to ensure that the facility meets the specified criteria.
(4) Where the Director refuses to grant an application for a consent under Article 35 or 37 or a direction under Article 36 or 38 the Director shall by notice in writing -
(5) In this Article "specified criteria" means the criteria specified by the Department from time to time for the purposes of and in accordance with Article 4(2) of the Directive and published by it.".
any licence granted before the coming into operation of these Regulations ("an existing licence") as the Department or the Director, as the case may be, considers necessary or expedient having regard to the requirements and prohibitions laid down by the Directive.
(2) Modifications to an existing licence under paragraph (1) shall in particular -
(3) Where the Department or Director, as the case may be, is satisfied that it is necessary or expedient to do so in the interests of the efficient operation of any designated activity, it may instead of modifying the licence so that it ends on the date provided under and in accordance with paragraph (2)(a) provide for the period specified in the licence under Article 9(1) to end on such later date as may be determined.
(4) A notice under paragraph (1) may in particular -
an existing licence as the Department or the Director, as the case may be, considers requisite or expedient for the purposes of that paragraph.
(5) Article 10A(2) to (6) of the 1996 Order shall apply in relation to the modification or revocation of the conditions of, and the inclusion of any new conditions in, an existing licence under this regulation as it applies to the inclusion of any conditions in any other licence under that Article.
(6) Subject to Article 18A of the 1996 Order, modifications made to a licence under this regulation are without prejudice to the power of the Director or the Secretary of State to further modify that licence in accordance with Article 14, 17 or 18 of that Order.
Duties of Department and Director
11. Article 5 of the 1996 Order shall apply in relation to the exercise by the Department and the Director of any functions under this Part as it applies to the exercise of their functions under Part II of that Order.
Interpretation of Part III
12. In this Part expressions which are also used in the 1996 Order shall have the same meaning as in that Order.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on
18th September 2002.
A Senior Officer of the Department of Enterprise, Trade and Investment
(c) Regulation 7 inserts a new Article 10A requiring the inclusion of appropriate conditions in licences to ensure that the authorised activities comply with the requirements of the Directive;
(d) Regulation 8 inserts a new Article 18A which provides that no condition of a licence shall be modified in a manner inconsistent with the Directive;
(e) Regulation 9 inserts a new Article 38A which provides that consents or directions granted under Articles 35 to 38 are only granted where the specified criteria are met, and provides procedural safeguards for the applicant who is refused such a consent or direction.
Part III provides for the modification of licences already issued under the 1996 Order to ensure that they comply with the provisions of the Directive (Regulation 10). It also requires the Department and the Director to comply with their general duties as set out in Article 5 of the 1996 Order in exercising their functions under that Part of the Regulations (Regulation 11).