The Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2004

• Citation: S.I. 2004/2542
• Sections: 24

Section 1 Citation, commencement and transitional provision

(1) These Regulations may be cited as the Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2004 and shall come into force on 21st October 2004.

(2) Where an original application is outstanding at the date these Regulations come into force—

(a) the applicant shall provide to the Authority any information required by these Regulations in addition to the information included in the original application or a statement to the effect that it reasonably believes that no further information would be required by the Authority; and

(b) if the applicant provides the information referred to in sub-paragraph (a), the original application will be taken to be an application made under these Regulations.

Section 2 Revocation

Subject to Regulation 1, the Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2001 and the Gas (Applications for Licences and Extensions and Restrictions of Licences) (Amendment) Regulations 2003 are hereby revoked.

Section 3 Interpretation

(1) In these Regulations—

“the 2000 Act ” means the Utilities Act 2000 ;

“the 2004 Act ” means the Energy Act 2004 ;

“ the Act ” means the Gas Act 1996;

“application” means an application for a licence, an application for an extension of a licence or an application for a restriction of a licence under the Act; and references to an application in respect of a licence shall be construed accordingly;

“the Authority” means the Gas and Electricity Markets Authority established by section 1 of the 2000 Act;

“domestic premises” means premises used wholly or mainly for domestic purposes;

“extension” in relation to a gas transporter licence, means an extension of the licence under section 7(4) of the Act and, in relation to a gas supplier licence or a gas shipper licence, means an extension of the licence under section 7A(4) of the Act;

“original application” means an application made under the Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2001 as amended by the Gas (Applications for Licences and Extensions and Restrictions of Licences) (Amendment) Regulations 2003;

“restriction” in relation to a gas transporter licence, means a restriction of the licence under section 7(4A) of the Act and, in relation to a gas supplier licence or a gas shipper licence, means a restriction of the licence under section 7A(6) of the Act;

“shipper licence” means a licence granted or to be granted under 7A(2) of the Act;

“supplier licence” means a licence granted or to be granted under section 7A(1) of the Act;

“transporter licence” means a licence granted or to be granted under section 7 of the Act; and

“ultimate holding company” means a holding company (within the meaning of sections 736, 736A and 736B of the Companies Act 1985 ) of the licensee which is not itself a subsidiary of another company; which is in the position to control, or exercise significant influence over, a policy of the licensee by virtue of rights under contractual arrangements or rights of ownership which are held by the company or of which the company is a beneficiary.

(2) In these Regulations, unless the context otherwise requires, a reference to a standard condition is a reference to a standard condition in relation to licences under sections 7, 7A(1) or 7A(2) of the Act, as the case may be, which is determined under section 81(2) of the 2000 Act or section 147(1) of the 2004 Act, subject to such modifications of the standard conditions made under Part I of the Act, or the 2000 Act after the determination under those sections.

(3) Unless the context otherwise requires, other expressions appearing in these Regulations shall have the same meaning, if any, as they have in Part I of the Act.

(4) In these Regulations, unless the context otherwise requires—

(a) any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations; and

(b) any reference to a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference occurs.

Section 4 Manner of application

An application shall be—

(a) made in writing, addressed to the Authority and delivered or sent by prepaid post to the Authority at its principal office; and

(b) signed and dated by or on behalf of the applicant, stating, where signed on behalf of the applicant, the capacity of the signatory.

Section 5 Form of application

An application shall be in the form specified in Schedule 1 or a form to the like effect, and shall contain the information there specified.

Section 6 Additional information and documents to accompany application

(1) Subject to paragraphs (2) and (3)—

(a) an application in respect of a gas supplier licence shall be accompanied by the information and documents specified in Part 1 of Schedule 2;

(b) an application in respect of a gas shipper licence shall be accompanied by the information and documents specified in Part 2 of Schedule 2; and

(c) an application in respect of a gas transporter licence shall be accompanied by the information and documents specified in Part 3 of Schedule 2.

(2) The obligation imposed by paragraph 6(1) shall, to the extent that information and documents are specified in Schedule 2 by reference to, or in relation to, a standard condition, apply—

(a) subject to paragraph 6(3), in the case of an application for a licence, other than for a gas supplier licence of the type described in section 8(2) of the Act, as if the standard condition in question were to be included and have effect in any licence granted as a result of the application; and

(b) in the case of an application for an extension or restriction of a licence, in relation to such of the standard conditions in question as have been included and have effect in that licence.

(3) Where a modification to any standard condition is requested in accordance with paragraph 3(1) of Schedule 1, the obligation imposed by paragraph (2)(a) above shall be modified accordingly.

Section 7 Application fees

(1) Subject to paragraph (2), each application of the description specified in the first column of the Table in Schedule 3 shall be accompanied by the corresponding fee specified in the second column of that Table.

(2) Where more than one fee would, but for this paragraph, be payable in respect of a particular application, only the higher or highest such fee, as the case may be, shall be payable.

Section 8 Notice of application

(1) The period prescribed for the purpose of section 7B(2) of the Act (notice of applications) is ten working days (the prescribed period).

(2) The applicant shall take all reasonable steps to ensure that notice of the application is published within the prescribed period either by—

(a) requesting the Authority to place the notice on the website address of the Authority (at “ www.ofgem.gov.uk ” or such other website address as may be notified to the applicant by the Authority in writing); or

(b) publishing the notice on the website address of the applicant and requesting the Authority to place a link to the applicant’s website address on the website address of the Authority (at “ www.ofgem.gov.uk ” or such other website address as may be notified to the applicant by the Authority in writing).

(3) In the event that it is not practicable to publish the notice of application as specified in paragraph (2) above, the Authority may specify by notice in writing an alternative means of publication.

(4) Where an application is for the restriction of a licence, the applicant shall also ensure that notice of application is published within the prescribed period in such newspapers as are calculated to ensure that the notice is circulated throughout the area to which the proposed restriction relates.

(5) In this Regulation “working day” shall have the same meaning as in section 64 of the Electricity Act 1989 .

Section 1

A gas supplier licence may authorise the holder to supply gas—

(a) to any premises;

(b) only to premises specified in the licence, or to premises of a description so specified; or

(c) only to any premises situated in a specified area, or to premises of a specified description which are so situated;

(section 7A(1) of the Act). Please specify whether (a), (b) or (c) above is applicable. Provide a sufficient description adequately specifying the premises or a description of the premises and the location of the premises intended to be supplied, and, in the case of an application that relates to (c) above, also the specified area. Also state whether the application relates to domestic premises.

Section 1

A gas shipper licence may authorise the holder to—

(a) make arrangements generally with any gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that transporter; or

(b) make such arrangements for purposes connected with the supply of gas to specified premises, being—

(i) any premises in a specified area;

(ii) any premises of a specified description (whether in a specified area or throughout Great Britain); or

(iii) particular premises;

(section 7A(2) of the Act). Provide a sufficient description adequately specifying the premises or a description of the premises, and also the specified area, if any, to which the application relates .

Section 1

A gas transporter licence may authorise the holder to convey gas—

(a) to any premises, and/or

(b) to any pipe-line system operated by another gas transporter—

(i) throughout Great Britain; or

(ii) within a specified area or areas.

Please specify which of (a) or (b) is, or both are, applicable, and, if (b) is applicable, which of (i) or (ii) is applicable, and in the case of (ii) provide a sufficient description adequately specifying the area to which the application relates .

Also state whether the application relates to domestic premises. For applications within paragraph 1(b) above, also specify the description of pipe-line system to which the application relates (stating, in particular, whether it relates only to any system which is designed to receive gas at an operating pressure not exceeding 7 bar gauge).

Section 2

For all applications for gas supplier licences, or extensions of such licences, state whether the licence or extension is to authorise the supply of gas to premises to which it is conveyed by a gas transporter, and if not give details of any exemption under section 6A of the Act under which the gas is or will be conveyed.

Section 2

Provide particulars of the applicant’s proposed arrangements for compliance with the applicable requirements of standard conditions 8 (Provision and Return of Meters), 18 (Provision of Services for Persons who are Blind or Deaf), 19 (Arrangements in Respect of Powers of Entry), 19A (Authorisation of Officers), 19B (Exercise of Powers of Entry) and 21 (Complaint Handling Procedure).

Section 3

If the application relates to the supply of gas to domestic premises to which gas is, or is to be, conveyed by a gas transporter, the applicant shall provide particulars of the applicant’s proposed arrangements for compliance with the applicable requirements of standard conditions 24 (Arrangements in Respect of Powers of Entry), 24A (Authorisation of Officers), 24B (Exercise of Powers of Entry), 25 (Efficient Use of Gas), 35 (Code of Practice on Payment of Bills and Guidance for Dealing with Customers in Difficulty), 36 (Code of Practice on the Use of Prepayment Meters), 37 (Provision of Services for Persons who are of Pensionable Age or Disabled or Chronically Sick), 37A (Pensioners Not to Have Supply of Gas Cut Off in Winter), 38 (Provision of Services for Persons who are Blind or Deaf), 39 (Complaint Handling Procedure) and 43 (Contractual Terms— Methods of Payment).

Section 3

If the application is for a restriction of a licence provide—

(a) an estimate of the total number of premises to which the applicant conveys gas at the time of the application and to which the applicant would cease to convey gas if the application were acceded to (“the relevant premises”);

(b) unless there are, at the date of the application, no relevant consumers (within the meaning set out in sub-paragraph (c) below) in relation to the applicant, a description of the applicant’s proposed arrangements to ensure compliance with section 10 of the Act (ensuring the connection of all such relevant consumers is maintained); and

(c) for the purposes of sub-paragraph (b), a person is a relevant consumer if—

(i) immediately before the restriction takes effect, he is connected to the pipe-line system of the holder of the licence; and

(ii) his premises are to be excluded from the licence by the restriction.

Section 4

If the application is for a restriction of a licence provide—

(a) an estimate of the total number of premises to which the applicant supplies gas at the time of the application and which the applicant would cease to supply gas if the application were acceded to (“relevant premises”); and

(b) unless there are, at the date of the application, no relevant consumers (within the meaning of section 7A(10) of the Act) in relation to the applicant, a description of the applicant’s proposed arrangements under section 7A(9) of the Act for—

(i) ensuring continuity of supply for all such relevant consumers; and

(ii) in the case of each such consumer who is supplied with gas in pursuance of a contract (within the meaning of that section), securing such continuity on the same terms as nearly as may be as the terms of the contract.

Section 1

Application for licence including authorisation to supply gas to premises to which gas is, or is to be, conveyed by a gas transporter (not including authorisation to supply gas to domestic premises)

Section 2

Application for licence including authorisation to supply gas to premises to which gas is, or is to be, conveyed otherwise than by a gas transporter

Section 3

Application for licence including authorisation to supply gas to domestic premises to which gas is, or is to be, conveyed by a gas transporter

Section 4

Application for extension of a licence so as to include authorisation to supply gas to domestic premises to which gas is conveyed by a gas transporter

Section 5

Application for any other extension or restriction

Section 6

Any application

Section 7

Application for a licence

Section 8

Application for extension or restriction