Gas Regulation Act, 1957
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Act—
“the Act of 1920” means the Gas Regulation Act, 1920 ;
“the Act of 1928” means the Gas Regulation Act, 1928 (No. 24 of 1928);
“Advisory Committee” means a Gas Charges Advisory Committee constituted under section 2 of this Act;
“gas undertakers” has the same meaning as in the Act of 1920, as amended by section 3 of the Act of 1928;
“the Minister” means the Minister for Industry and Commerce;
num: 2
paragraphs: —(1) The Minister may from time to time by warrant under his hand constitute a body of persons which shall be called a Gas Charges Advisory Committee and is in this Act referred to as an Advisory Committee.
(2) The warrant constituting an Advisory Committee shall state the names of the persons who are to be members of it.
num: 3
paragraphs: —(1) The functions of an Advisory Committee shall be to enquire into, and report to the Minister upon, charges made for gas by such one or more of the scheduled undertakers as may be specified in the warrant constituting it.
num: 4
paragraphs: —(1) Where the warrant constituting an Advisory Committee provides for the date of its dissolution, it shall stand dissolved on that date unless it has prior thereto furnished its report to the Minister, in which case it shall stand dissolved immediately after furnishing its report.
(2) Where the warrant constituting an Advisory Committee does not provide for the date of its dissolution, it shall stand dissolved immediately after furnishing its report to the Minister.
num: 5
paragraphs: —Where the Minister constitutes an Advisory Committee, he shall cause to be published, in such manner as he thinks fit, notice of its constitution and of the matters into which it is to enquire.
num: 6
paragraphs: —Where the Minister, having considered a report of an Advisory Committee, is of opinion that the charges made for gas by any of the scheduled undertakers specified in the warrant constituting that Committee are excessive owing to causes within the control of those undertakers or to undue labour costs, the Minister may by order fix the maximum charges which may be made for gas by those undertakers.
num: 7
paragraphs: —(1) Whenever and so often as the Government are of opinion that abnormal circumstances prevail or are likely to prevail in relation to the supply or distribution of gas, the Government may by order declare that a state of emergency affecting the supply or distribution of gas exists.
(2) An order under subsection (1) of this section shall remain in force for such period (not exceeding six months from the date of the making thereof) as the Government think proper and specify in the order and shall then expire, unless continued in force by an order made under subsection (3) of this section.
(3) Where—
(a) there is for the time being in force an order (in this subsection referred to as the principal order) under subsection (1) of this section declaring that a state of emergency affecting the supply or distribution of gas exists, and
(b) the Government are of opinion that abnormal circumstances still prevail in relation to the supply or distribution of gas, the following provisions shall have effect—
(i) The Government may by order (in this subsection referred to as a continuance order) made before the expiration of the principal order, continue the principal order in force for such period (not exceeding six months from the date on which the principal order would but for the continuance order expire) as the Government think proper and specify in the continuance order, and may thereafter from time to time by order (in this subsection also referred to as a continuance order), made before the expiration of the principal order under the last previous continuance order, continue the principal order in force for such period (not exceeding six months from the date on which the principal order would have expired under the last previous continuance order) as the Government think proper and specify in the continuance order,
(ii) if only one continuance order is made, the principal order shall continue in force until the expiration of the period for which it is continued in force by that continuance order, and shall then expire,
(iii) if two or more continuance orders are made, the principal order shall continue in force until the expiration of the period for which it is continued in force by the last of those continuance orders, and shall then expire.
(4) Every order made under this section shall, as soon as may be after it is made, be published in the Iris OifigiÃºil.
num: 8
paragraphs: —(1) Where there is for the time being in force an order under subsection (1) of section 7 of this Act declaring that a state of emergency affecting the supply or distribution of gas exists, the Minister may by order fix the maximum charges which may be made for gas by all or any one or more of the scheduled undertakers.
(2) Where, during the continuance in force of an order (in this subsection referred to as the emergency order) under subsection (1) of section 7 of this Act declaring that a state of emergency affecting the supply or distribution of gas exists, the Minister makes an order (in this subsection referred to as the Ministerial order) under subsection (1) of this section, the Ministerial order shall, if not previously revoked, expire on the expiration of the emergency order.
num: 9
paragraphs: —(1) An order made by the Minister under this Act may—
(a) fix different maximum charges for different gas undertakers,
(b) define the conditions by reference to which a maximum charge is fixed, and fix different maximum charges in relation to different conditions,
(c) fix a maximum charge by specifying it or by setting out provisions by means of which it may be ascertained,
(d) contain all such incidental or ancillary provisions as shall appear to the Minister to be necessary or expedient for giving full effect to any provision inserted in the order under the powers conferred on him by this Act or to secure compliance with the order.
(2) The Minister may by order revoke any order made by him under this Act.
(3) The Minister may by order amend any order made by him under this Act.
num: 10
paragraphs: —(1) No person shall disclose information available to him through being present at a meeting of an Advisory Committee held in private.
(2) Subsection (1) of this section does not apply to—
(a) a communication made by a member of an Advisory Committee in the execution of his duties under this Act, or
(b) the disclosure of information in a report of an Advisory Committee or for the purpose of legal proceedings under this Act.
(3) If any person contravenes subsection (1) of this section, he shall be guilty of an offence.
num: 11
paragraphs: —If any person contravenes, whether by act or omission, a provision of an order made under this Act, he shall be guilty of an offence.
num: 12
paragraphs: —Every person who commits an offence under this Act shall on summary conviction thereof be liable to a fine not exceeding one hundred pounds (together with, in the case of a continuing offence, a fine not exceeding ten pounds for every day on which the offence is continued) or, at the discretion of the Court, imprisonment for a term not exceeding twelve months or both such fine and such imprisonment.
num: 13
paragraphs: —Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any person, being a director, member of the committee of management or other controlling authority thereof, or manager, secretary or other officer thereof, that person shall also be deemed to have committed an offence and shall be liable to be proceeded against and punished accordingly.
num: 14
paragraphs: —(1) Proceedings in relation to an offence under this Act may be brought and prosecuted by the Minister.
(2) Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within twelve months from the date of the offence.
num: 15
paragraphs: —Subsection (3) of section 7 of the Act of 1920, as amended by paragraph (c) of subsection (1) of section 12 of the Act of 1928, is hereby further amended by the deletion of “not being at the rate of more than three shillings for each million cubic feet of gas sold by them in the preceding year.”
num: 16
paragraphs: —(1) Any provision of any Act passed before the passing of this Act or of any order made under any such Act shall cease to have effect in so far as it purports—
(a) to fix the maximum or standard charges which may be made for gas by gas undertakers, or
(b) to permit gas undertakers to increase or reduce the charges made by them above or below standard charges subject to a reduction or increase in the rate of dividend payable by the undertakers, or
(c) to limit the rate of dividend which may be paid by gas undertakers, or
(d) to require gas undertakers to establish or maintain a fund from undistributed profits which is capable of being used for the payment of dividends on the share capital of the undertakers.
(2) Moneys standing to the credit of any fund referred to in paragraph (d) of subsection (1) of this section may be applied to the general purposes of the gas undertakers, including the payment of dividends.
num: 17
paragraphs: —Every order made by the Government or the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
num: 18
paragraphs: —The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
num: 19
paragraphs: —Nothing in this Act shall operate to relieve any gas undertakers from paying contributions under section 7 of the Act of 1920, as amended by section 12 of the Act of 1928.
num: 20
paragraphs: —(1) This Act may be cited as the Gas Regulation Act, 1957.
(2) This Act shall come into operation on the 1st day of January, 1958.