ENERGY (BIOFUEL OBLIGATION AND MISCELLANEOUS PROVISIONS) ACT 2010
Source: Iris Oifigiúl 46 2010-06-11

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paragraphs: — (1) This Act may be cited as the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010.
(2) Subject to subsection (3), this Act comes into operation on such day or days as the Minister for Communications, Energy and Natural Resources 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.
(3) This Part and sections 3 (in so far as it applies to sections 44A and 44B (both inserted by the said section 3 ) of the National Oil Reserves Agency Act 2007 ), 4 , 5 and 16 come into operation on the date of the passing of this Act.
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paragraphs: — In this Act “Principal Act” means the National Oil Reserves Agency Act 2007 .
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paragraphs: — The Principal Act is amended by inserting the following Part after Part 5:
“PART 5A
BIOFUEL OBLIGATION
Definitions for Part 5A.
44A.— (1) In this Part—
‘biofuel’ means liquid or gaseous fuel for transport produced from biomass;
‘biofuel levy assessment notice’ means a notice given under section 44Q;
‘ biofuel obligation ’ has the meaning assigned by section 44C;
‘biofuel obligation account’ means an account held under section 44E by an obligated party, biofuel producer or biofuel supplier and references to ‘biofuel obligation account holder’ shall be construed accordingly;
‘biofuel obligation certificate’ means a certificate issued under section 44G to a biofuel obligation account holder;
‘biofuel producer’ means a person who produces biofuel for his or her own use or for sale;
‘biofuel supplier’ means a person who supplies biofuel;
‘biomass’ means the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste;
‘Directive’ means Directive 2009/28/EC 1 of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC;
‘expenses’ has the meaning assigned by section 36;
‘ Member State’ means a state which is a member of the European Union and includes states that are parties to the agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the protocol done at Brussels on 17 March 1993;
‘motor vehicle’ means a mechanically propelled vehicle which is powered, in whole or in part, by an internal combustion engine and is designed, constructed or modified to be suitable for use on roads;
‘obligated party’ means an oil company or oil consumer, as the case may be, that is subject to the biofuel obligation under this Part;
‘obligation period’, in relation to the biofuel obligation, means—
(a) in the case of the first obligation period, the period beginning on the day on which section 44C comes into operation and ending on 31 December next following that day, and
(b) in the case of each subsequent obligation period, the period of 12 months beginning on 1 January and ending on 31 December next following the immediately preceding obligation period;
‘period of validity’, in relation to a biofuel obligation certificate, has the meaning assigned by section 44G;
‘petroleum products’ has the meaning assigned by section 36;
‘relevant disposal of biofuel’ has the meaning assigned by section 44N;
‘relevant disposal of road transport fuel’ means the volume (expressed in litres) of road transport fuel that in any obligation period—
(a) an oil company consumes or disposes of by sale or otherwise to persons in the State, or
(b) an oil consumer consumes in the State;
‘relevant disposal of petroleum products’ has the same meaning as in Part 5;
‘road transport fuel’ means any liquid or gaseous fuel which may be used to power, in whole or in part, a motor vehicle whether or not it may also be used for any other purpose;
‘volume assessment’ means an assessment under section 44O of relevant disposals of biofuel.
(2) A word or expression that is used in this Part and is also used in the Directive has, unless the context otherwise requires, the same meaning in this Part as it has in the Directive.
Conversion factors.
44B.— (1) In the case of biofuel which is not in liquid form, the Agency shall, for the purposes of this Part, apply a gas to liquid conversion factor (in this section referred to as a ‘conversion factor’) calculated on the basis of providing a fair comparison between a unit volume of biofuel in gaseous form and a unit volume of road transport fuel in liquid form.
(2) Subject to subsection (3), the Agency, having considered any representations made under subsection (3)(a), shall publish a notice of the conversion factors to be applied under subsection (1) in the Iris OifigiÃºil and on its website and by such other means as the Agency considers appropriate.
(3) (a) Before publishing conversion factors under subsection (2), the Agency, following consultation with the persons specified in paragraph (b), shall publish a notice of the proposed conversion factors on its website and by such other means as the Agency considers appropriate inviting persons to make representations in writing to the Agency in relation to the proposed conversion factors within 28 days from the date of publication on its website.
(b) For the purposes of paragraph (a), the Agency shall consult with—
(i) the Minister,
(ii) the Minister for Finance,
(iii) the Minister for the Environment, Heritage and Local Government,
(iv) the Environmental Protection Agency,
(v) the National Standards Authority of Ireland, and
(vi) Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland,
and may consult with such other persons as the Agency considers appropriate.
Biofuel obligation.
44C.— (1) This section applies to relevant disposals of road transport fuel in respect of which, in the obligation period concerned, an oil company or an oil consumer, as the case may be, is liable to pay the levy—
(a) whether or not the levy has been paid, and
(b) in the case of an oil consumer, whether or not the oil consumer is exempt from, or has claimed an exemption from, the levy in accordance with section 38.
(2) Every oil company and oil consumer liable to pay the levy (in this Part referred to as an ‘obligated party’) is required to ensure that in each obligation period not less than a specified amount of its relevant disposal of road transport fuel to which this section applies is biofuel (in this Part referred to as the ‘biofuel obligation’ ).
(3) The specified amount, referred to in subsection (1), for the purpose of determining the biofuel obligation, shall be expressed in litres and shall be calculated by reference to—
(a) the relevant disposals of petroleum products by each obligated party during the obligation period concerned, and
(b) the percentage rate provided for by section 44D(1).
Rate of biofuel obligation.
44D.— (1) The percentage rate referred to in section 44C(3)(b) shall be—
(a) such percentage as stands specified by order under subsection (2), or
(b) where no amount stands so specified, 4.166 per cent.
(2) (a) The Minister may, from time to time, review the percentage rate provided for by subsection (1) and may, subject to this section, having considered any representations made under subsection (4)(a), by order provide for a percentage rate in lieu of the percentage rate provided for by subsection (1)(a) or the percentage rate specified in subsection (1)(b).
(b) The Minister may revoke an order under this subsection without providing for a percentage rate, in which case the percentage rate specified in subsection (1)(b) shall apply.
(3) For the purposes of a review under this section the Minister shall have regard to—
(a) the effect of the biofuel obligation on fuel prices in the State,
(b) the reports required to be submitted to the Commission of the European Communities on progress in the promotion and use of energy from renewable sources pursuant to Article 22 of the Directive, and
(c) the reports required to be submitted by the Commission of the European Communities to the European Parliament and the Council pursuant to Article 23 of the Directive,
and may have regard to such other matters as he or she considers appropriate relating to the effects, if any, of increased consumption of biofuel in the State on economic activities in the State and on the environment.
(4) (a) Before making an order under subsection (2), the Minister, following consultation with the persons specified in paragraph (b), shall publish a draft of the proposed order on the internet and by such other means as the Minister considers appropriate inviting persons to make representations in writing to the Minister in relation to the proposed order within 28 days from the date of publication on the internet.
(b) For the purposes of paragraph (a), the Minister shall consult with—
(i) the Minister for Finance,
(ii) the Minister for the Environment, Heritage and Local Government,
(iii) the Agency,
(iv) the Environmental Protection Agency,
(v) the National Standards Authority of Ireland, and
(vi) Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland,
and may consult with such other persons as the Minister considers appropriate.
Biofuel obligation account.
44E.— (1) The Agency shall, in respect of each obligated party, open an account (in this Part referred to as a ‘biofuel obligation account’) within—
(a) 21 days after the coming into operation of this section, or
(b) 21 days after the oil company or oil consumer concerned first becomes liable to pay the levy,
whichever is the earlier.
(2) The following matters shall be recorded in a biofuel obligation account:
(a) the balance of biofuel obligation certificates held to the credit of the account;
(b) the issuing, transfer, cancellation and revocation of biofuel obligation certificates;
(c) such other information as the Agency determines relating to the administration of the biofuel obligation.
(3) The Agency may, in accordance with this section and any regulations made under it, open a biofuel obligation account on application to the Agency by a biofuel producer or biofuel supplier who is not an obligated party.
(4) An application under subsection (3) by a biofuel producer or biofuel supplier (in this section referred to as the ‘applicant’) to open a biofuel obligation account shall be in the prescribed form and shall include—
(a) a current tax clearance certificate,
(b) such information, particulars and documentation as the Agency may reasonably require in order to be satisfied that the applicant is a biofuel producer or a biofuel supplier, and
(c) such other information, particulars and documentation as may be prescribed.
(5) The Agency may request an applicant to give to the Agency—
(a) such additional information, particulars and documentation as the Agency determines for the purposes of an application under subsection (3), and
(b) such evidence as the Agency may reasonably require in order to verify any information, particulars or documentation given to the Agency in respect of an application under subsection (3).
(6) A request under subsection (5) shall be in such form as the Agency determines and shall specify a period of not less than 21 days from the date of the request within which such information, particulars, documentation or evidence, as the case may be, shall be given to the Agency.
(7) When making an application under subsection (3), without prejudice to any other powers which the Agency may have in that behalf, the applicant shall give consent to the Agency in the prescribed form allowing the Agency or an authorised officer of the Agency such access to premises (within the meaning of section 45), documents, books, records, computers and equipment as the Agency may reasonably require in order to verify the information, particulars and documentation given in the application or any additional information, particulars or documentation or evidence given under this section.
(8) The Agency may refuse to grant an application under subsection (3) to open a biofuel obligation account where—
(a) the Agency is not satisfied that the applicant is a biofuel producer or biofuel supplier, as the case may be,
(b) the application is incomplete,
(c) the applicant fails to give any additional information, particulars or documentation or evidence within the period specified in a request made under subsection (5),
(d) the applicant fails to give the consent referred to in subsection (7),
(e) the Agency is of the opinion that any of the information, particulars or documentation given in the application or any additional information, particulars or documentation or evidence given under this section is incorrect, or
(f) the applicant is already a biofuel obligation account holder.
(9) If the Agency proposes to refuse an application under subsection (3), it shall give the applicant a notice in such form as the Agency determines—
(a) specifying the grounds on which it is proposed to refuse the application, and
(b) informing the applicant that he or she may, within 21 days from the date of the notice, make representations in writing to the Agency—
(i) showing why the application should be granted, or
(ii) rectifying the information, particulars or documentation given in the application or any additional information, particulars or documentation or evidence given under this section,
or both.
(10) Not later than 21 days from the date of the notice under subsection (9), the applicant may make representations in writing to the Agency—
(a) showing why the application should be granted, or
(b) rectifying the information, particulars or documentation given in the application or any additional information, particulars or documentation or evidence given under this section,
or both.
(11) The Agency may refuse an application under subsection (3) only after having considered any representations made by the applicant in accordance with subsection (10).
(12) If the Agency refuses an application under subsection (3), it shall, as soon as is reasonably practicable, give to the applicant notice of the refusal in such form as the Agency determines and the notice shall include a statement setting out the reasons for the refusal.
(13) (a) An applicant aggrieved by a decision of the Agency under subsection (11) refusing an application under subsection (3) may, within 21 days beginning on the day on which the notice under subsection (12) is given to the applicant, appeal to the Minister against the decision by giving to the Minister a notice of appeal in writing stating—
(i) the name and address of the applicant,
(ii) a statement of the principal grounds for contesting the decision of the Agency and the arguments supporting those grounds, and
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paragraphs: — Section 2 of the Principal Act is amended—
(a) by inserting the following definitions after the definition of “bilateral agreement”:
“ ‘ biofuel ’ has the meaning assigned by section 44A;
‘biofuel levy’ means the biofuel levy imposed under Part 5A;
‘biofuel obligation’ has the same meaning as in Part 5A;
‘biofuel producer’ has the meaning assigned by section 44A;
‘biofuel supplier’ has the meaning assigned by section 44A;”,
and
(b) by substituting the following for the definition of “prescribed”:
“ ‘prescribed’ means prescribed by regulations made by the Minister under this Act;”.
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paragraphs: — Section 8(1) of the Principal Act is amended by inserting the following after paragraph (c):
“(ca) administering the biofuel obligation in accordance with Part 5A,
(cb) collecting and recovering the biofuel levy,”.
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paragraphs: — Section 14 of the Principal Act is amended—
(a) in subsection (3), by inserting the following after paragraph (a):
“(aa) biofuel or biofuel related industries;”,
and
(b) by substituting the following for subsection (8):
“(8) The directors (including the chairperson and chief executive) shall be paid by the Agency out of the levy and biofuel levy such remuneration (if any) and allowances for expenses as the Minister, with the consent of the Minister for Finance, may determine.”.
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paragraphs: — Section 16(12) of the Principal Act is amended by inserting “and biofuel levy” after “levy”.
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paragraphs: — Section 18(2) of the Principal Act is amended by inserting “and biofuel levy” after “levy”.
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paragraphs: — Section 19(4) of the Principal Act is amended by inserting “and biofuel levy” after “levy”.
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paragraphs: — Section 21(3) of the Principal Act is amended by inserting “and biofuel levy” after “levy”.
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paragraphs: — (1) The Principal Act is amended by inserting the following section after section 31 but in Part 3:
“Appointment of National Treasury Management Agency to act on behalf of Agency in certain matters.
31A.— (1) In this section ‘ NTMA ’ means the National Treasury Management Agency.
(2) (a) Subject to the prior consent of the Minister for Finance, the Agency may from time to time request the NTMA to perform, on its behalf, all or any part of the functions of the Agency under—
(i) sections 8(3)(f), 26 and 27 of the Principal Act,
(ii) section 3 of the Borrowing Powers of Certain Bodies Act 1996, and
(iii) section 2 of the Financial Transactions of Certain Companies and Other Bodies Act 1992 .
(b) The Agency may from time to time, subject to the prior consent of the Minister for Finance, revoke or amend a request made under paragraph (a), but without prejudice to the validity of anything done previously on foot of that request in the terms that it stood immediately before that revocation or amendment.
(c) For so long as a request made under paragraph (a) has effect, the NTMA shall, subject to paragraph (d), perform on behalf of the Agency the functions specified in the request.
(d) The functions of the Agency specified in any request made under paragraph (a) shall be performed by the NTMA on behalf of the Agency subject to such terms and conditions (including any amendment to such terms and conditions) as the Agency and the NTMA may from time to time agree.
(3) The Minister for Finance may from time to time revoke, in whole or in part, any consent given under subsection (2), but without prejudice to the validity of anything done previously on foot of that consent in the terms that it stood immediately before that revocation.
(4) The NTMA has, by virtue of this subsection, all the powers that are necessary for or incidental to the performance on behalf of the Agency of the functions specified in a request made under subsection (2).
(5) The Agency, in connection with the performance of the functions referred to in subsection (4), may—
(a) engage in transactions of a normal banking nature in respect of the management of the Agency’s money, including issuing funds from the Agency’s account,
(b) pay into any foreign currency clearing account created by the Minister for Finance under section 139 of the Finance Act 1993 the proceeds of any transaction denominated in a currency other than the currency of the State, and
(c) apply any amounts standing to the credit of any foreign currency clearing account towards the discharging of payment obligations arising under any transaction referred to in paragraph (a).
(6) The expenses and other costs incurred by the NTMA in connection with or arising out of any transactions engaged in by the NTMA in the performance on behalf of the Agency of any of the functions specified in a request made under subsection (2) shall be charged to the Agency.”.
(2) Section 36 of the Principal Act is amended in the definition of “expenses” by inserting the following after paragraph (i):
“(j) the expenses and other costs incurred by the NTMA in connection with or arising out of any transactions engaged in by the NTMA in the performance on behalf of the Agency of any of the functions specified in a request made under section 31A(2);”.
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paragraphs: — Section 36 of the Principal Act is amended in the definition of “expenses” by inserting the following after paragraph (g):
“(ga) the costs incurred by the Agency in administering the biofuel obligation;
(gb) the costs incurred by the Agency in collecting the biofuel levy;”.
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paragraphs: — Section 44(1) of the Principal Act is amended—
(a) by substituting the following for paragraph (a):
“(a) following consultation with the Minister for Finance, the rate of levy per tonne or litre of relevant disposals of petroleum products;”,
and
(b) by deleting paragraph (g).
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paragraphs: — Section 45 of the Principal Act is amended—
(a) in the definition of “premises”, by inserting “or biofuel, as the case may be” after “oil”, and
(b) in the definition of “relevant activity”, by substituting the following for paragraph (a):
“(a) any activity connected with the Agency, an oil company, an oil consumer, a biofuel producer or a biofuel supplier, as the case may be, and”.
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paragraphs: — Section 47(1) of the Principal Act is amended—
(a) in paragraph (f), by inserting “biofuel,” after “oil,”, and
(b) in paragraph (g), by inserting “biofuel,” after “oil,”.
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paragraphs: — The Principal Act is amended by inserting the following section after section 59:
“Claims for repayment where overpayment in respect of levy or biofuel levy.
59A.— (1) In this section ‘a person to whom this section applies’ means—
(a) in the case of the levy, an oil company or oil consumer, as the case may be, and
(b) in the case of the biofuel levy, a biofuel obligation account holder,
and references to ‘person’ shall be construed accordingly.
(2) Where a person to whom this section applies considers that there has been an overpayment to the Agency in respect of the liability arising under Part 5 to pay the levy or under Part 5A to pay the biofuel levy, as the case may be, the person concerned may make a claim, at such intervals as may be prescribed, to the Minister in the prescribed form for repayment of the amount of the overpayment and including the prescribed information, particulars and documentation.
(3) A claim for repayment under this section shall not be made more than 18 months after the end of year in which the overpayment concerned was made.
(4) Where the Minister is satisfied that an overpayment was made in respect of the liability to pay the levy or biofuel levy, as the case may be, arising during the period in respect of which the claim for repayment is made, the Minister may direct the Agency—
(a) to repay the amount of the excess, or
(b) to offset the amount of the claim for repayment against any accrued liability (including any underpayment made by a person to whom this section applies in respect of the levy or biofuel levy, as the case may be) of the person concerned, in whole or in part, in respect of the levy or biofuel levy, as the case may be, for any period before or after the period in respect of which the claim for repayment is made and which remains unpaid.
(5) Interest shall not be payable in respect of any part of the overpayment whether repaid or offset under paragraph (a) or (b), as the case may be, of subsection (4).
(6) The Minister may make regulations providing for all or any of the following:
(a) the form in which a claim for repayment may be made, including by electronic means, as appropriate;
(b) the intervals at which claims for repayment may be made, which intervals shall not be less than every 3 months beginning on the coming into operation of this section;
(c) such information, particulars and documentation as the Minister may reasonably require to be included in a claim for repayment in order to be satisfied as to the claim being made.”.
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paragraphs: — Section 63 of the Principal Act is amended—
(a) by renumbering the existing provision as subsection (1) of that section, and
(b) by inserting the following after subsection (1):
“(2) Where in proceedings for the recovery of biofuel levy a dispute arises as to whether no biofuel levy is payable by virtue of section 44N(3), the burden of proof rests with the defendant biofuel obligation account holder.”.
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paragraphs: — Section 64 of the Principal Act is amended—
(a) in subsection (1), by substituting the following for paragraph (a):
“(a) in the case of an offence under section 44E, 44G, 44U or 50, by the Minister or the Agency, and”,
and
(b) by inserting the following after subsection (2):
“(3) Unless it is satisfied that there are special and substantial reasons for not so doing, the court shall, where a person is convicted of an offence under this Act, order the person to pay to the Agency the costs and expenses, measured by the court, incurred by the Agency in relation to the investigation, detection or prosecution of the offence.”.
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paragraphs: — Section 67(1) of the Principal Act is amended by inserting the following after paragraph (d):
“(da) if the person concerned has agreed to the service of notices by means of an electronic communication (within the meaning assigned by section 2 of the Electronic Commerce Act 2000 ) to that person (being an addressee within the meaning assigned by that section) and provided that there is a facility to confirm receipt of electronic mail and that such receipt has been confirmed, then by that means;”.
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paragraphs: — Section 4 of the Fuels (Control of Supplies) Act 1971 is amended—
(a) by substituting the following for subsection (4):
“(4) Where an offence under this section is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of such body corporate or a person who was purporting to act in any such capacity, that person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.”,
and
(b) by substituting the following for subsection (5):
“(5) Every person who commits an offence under this section shall—
(a) on summary conviction, be liable to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months, or to both, or
(b) on conviction on indictment, be liable to a fine not exceeding €1,000,000 or to imprisonment for a term not exceeding 10 years, or to both.”.
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paragraphs: — Section 7 of the Fuels (Control of Supplies) Act 1982 is amended—
(a) in subsection (3), by substituting the following for all of the words from “shall be liable on summary conviction” to the end of the subsection:
“shall—
(i) on summary conviction, be liable to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months, or to both, or
(ii) on conviction on indictment, be liable to a fine not exceeding €20,000 or to imprisonment for a term not exceeding 2 years, or to both.”,
and
(b) by inserting the following after subsection (5):
“(6) Where an offence under this section is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of such body corporate or a person who was purporting to act in any such capacity, that person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.”.
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paragraphs: — In this Chapter “Act of 1999” means the Electricity Regulation Act 1999 .
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paragraphs: — Section 2(1) of the Act of 1999 is amended by inserting the following definitions:
“ ‘gas installer’ means LPG installer or natural gas installer, as the case may be;
‘LPG’ means liquefied petroleum gas;
‘ LPG fitting ’ means any non-portable appliance, apparatus or other thing including associated pipework and flueing which is used or designed to be used by—
(a) a domestic customer, or
(b) such class or classes of industrial or commercial customer as the Commission may specify from time to time,
in connection with the consumption or use of LPG;”.
num: 24
paragraphs: — Section 9 of the Act of 1999 is amended—
(a) in subsection (1)(ec), by substituting “gas safety,” for “gas safety.”,
(b) in subsection (1), by inserting the following after paragraph (ec):
“(ed) to regulate the activities of LPG installers with respect to safety.”,
(c) in subsection (1G)(a), by substituting “paragraphs (ea) and (ed) of subsection (1)” for “subsection (1)(ea)”,
(d) in subsection (1G)(b)(ii), by inserting “and LPG installers” after “natural gas installers”, and
(e) in subsection (1G)(b)(iii), by inserting “or LPG installer” after “natural gas installer”.
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paragraphs: — Section 9G of the Act of 1999 is amended by substituting the following for subsection (2)—
“(2) In this section ‘works’ means work which is related to the installation, removal, repair or replacement of a natural gas fitting or an LPG fitting.”.
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paragraphs: — Section 9H of the Act of 1999 is amended—
(a) in subsection (1), by substituting “paragraphs (ea), (eb) and (ed) of section 9(1)” for “paragraphs (ea) and (eb) of section 9(1)”,
(b) in subsection (2)(a), by inserting “and LPG fittings” after “natural gas fittings”,
(c) in subsection (2)(b), by inserting “or LPG, as the case may be,” after “before natural gas”,
(d) in subsection 2(b), by substituting “natural gas fitting,” for “natural gas fitting.”,
(e) in subsection (2), by inserting the following after paragraph (b):
“(c) the conditions to be fulfilled before LPG may be connected or reconnected to any premises or part of any premises following the installation, maintenance, modification or repair of an LPG fitting.”,
(f) in subsection (6)(a), by inserting “or LPG fitting” after “natural gas fitting”,
(g) in subsection (6)(a), by inserting “or LPG, as the case may be,” after “delivery of natural gas”,
(h) in subsection (6)(b), by inserting “or LPG fitting” after “natural gas fitting”,
(i) in subsection (6)(b), by inserting “or LPG, as the case may be,” after “delivery of natural gas”, and
(j) in subsection (6)(b)(ii)(II), by substituting “published under section 9(1G)” for “published under section 9(1F)”.
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paragraphs: — Section 9J of the Act of 1999 is amended—
(a) by substituting the following for subsection (1)(b):
“(b) paragraphs (ea), (eb) and (ed) of section 9(1), and”,
(b) in subsection (2)(a)(iii), by deleting “or”,
(c) by inserting the following after subsection (2)(a)(iii):
“(iiia) LPG fitting, or”,
(d) in subsection (2)(a)(iv), by inserting “or LPG fitting” after “natural gas fitting”,
(e) in subsection (2)(a), by substituting “from any danger arising from natural gas or LPG, as the case may be,” for “from any danger arising from natural gas,”,
(f) in subsection (2)(b)(v), by inserting “or LPG, as the case may be” after “natural gas”,
(g) in subsection (4)(b), by inserting “or LPG, as the case may be,” after “natural gas”,
(h) by substituting the following for subsection (4)(c):
“(c) search for any escaped natural gas or LPG, as the case may be, or any leak or defect in any pipeline, natural gas fitting or LPG fitting,”,
(i) in subsection (4)(d), by substituting “natural gas or LPG, as the case may be,” for “natural gas”, and
(j) in subsection (6)(d), by inserting “or LPG, as the case may be,” after “natural gas”.
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paragraphs: — Section 14 of the Energy (Miscellaneous Provisions) Act 2006 is repealed.