Gas Citation and commencement 1 These Regulations may be cited as the Gas (Internal Markets) Regulations (Northern Ireland) 2020, and come into operation on 16th December 2020. Interpretation 2 The Interpretation Act (Northern Ireland) 1954 applies to these Regulations as it applies to an Act of the Assembly. Amendment of the Gas (Northern Ireland) Order 1996 3 The Gas (Northern Ireland) Order 1996 is amended as provided in regulations 4 to 12. Interpretation of Part II 4 1 In Article 3(1)— a after the definition of “the 2011 Regulations” insert— “ the Authority ” means the Northern Ireland Authority for Utility Regulation ; ; b for the definition of “the Directive” substitute— “ the Directive ” means European Parliament and Council Directive 2009/73/EC concerning common rules for the internal market in natural gas as amended by European Parliament and Council Directive 2019/692; ; and c in the definition of “gas storage facility”— i omit the words “(other than a facility in, under or over the territorial sea adjacent to Northern Ireland)”; and ii from the words from “not being” to the end of the definition substitute— but does not include— a a pipe or other conduit for the conveyance of gas; or b a facility that is an LNG facility; . 2 In Article 7 for “Director” in each place where it occurs in paragraphs (1) and (4) substitute “ Authority ” . 3 In Article 30(2)— a for “Director” where it first occurs substitute “ Authority ” ; b for “the Director may by notice signed by him” substitute “ the Authority may by notice ” ; and c in sub-paragraphs (a) and (b) for “Director” in each place where it occurs substitute “ Authority ” . 4 In Article 30(6) for “Director” substitute “ Authority ” . 5 In Article 35— a for “Director” in the heading and in each place where it occurs in the following provisions substitute “ Authority ” , that is to say in— i paragraph (1); ii paragraphs (3) to (6); iii paragraph (8); iv paragraphs (10) to (12); and v paragraph 14; and b in paragraph (7) for “him, the Director” substitute “ it, the Authority ” . 6 In article 36— a for “Director” in each place where it occurs in the following provisions substitute “ Authority ” , that is to say in— i paragraph (1); ii paragraph (2); and iii paragraph (7); and b for paragraph (3) substitute— 3 Where the Authority proposes to give directions under paragraph (1), it shall be its duty before doing so to give to the applicant particulars of the modifications which it proposes to specify in the directions. . 7 In Article 37— a for “Director” in the heading and in each place where it occurs in the following provisions substitute “ Authority ” , that is to say in— i paragraph (1); ii paragraphs (3) to (5); iii paragraph (7); iv paragraphs (9) to (11); and v paragraph 13; and b in paragraph (6) for “him, the Director” substitute “ it, the Authority ” . 8 In Article 38(1) for “Director” in each place where it occurs substitute “ Authority ” . 5 In the following provisions for “pipeline” in each place where it occurs substitute “ pipe-line ” , that is to say in— a Article 7A(2); b Article 7D(1) in the definition of “distribution system”; c Article 8 paragraphs (4A) and (7C); d Article 10A(5A); e Article 38A paragraphs (1), (2) and (6); f Article 39A paragraphs (1) to (3) and (6) to (11); and g Article 39B paragraphs (1), (3) and (5). 6 In the following provisions for “pipelines” in each place where it occurs substitute “ pipe-lines ” , that is to say in— a Article 38A in the heading; and b Article 39A(2). Licence conditions 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consent of Authority for construction of gas storage facility 8 In Article 37 at the end add— 14 In this Article any reference to a “ gas storage facility ” does not include such a facility (wholly or in part) in, under or over the territorial sea adjacent to Northern Ireland. . Increase of capacity of gas storage facility 9 In Article 38 at the end add— 3 In this Article any reference to a “ gas storage facility ” does not include such a facility (wholly or in part) in, under or over the territorial sea adjacent to Northern Ireland. . Requirements for major pipe-lines etc 10 1 Article 38A is amended as provided for in paragraphs (2) to (6). 2 In paragraph (1)— a omit the “or” after sub-paragraph (a); b at the end of sub-paragraph (b) for the comma substitute “ ; or ” ; c after sub-paragraph (b) insert— c Article 37A in relation to the construction of an LNG facility, ; and d for “the Authority” substitute “the Authority or the Department (as the case may be). 3 In paragraph (3) for “Article 37” substitute “ Article 38 ” and after “shall not be granted unless the facility” insert “ as intended to be modified ” . 4 After paragraph (3) insert— 3A Any direction under Article 38B in relation to an increase in the capacity of an LNG facility shall not be given unless the facility as intended to be modified meets the published criteria, and may be given subject to such conditions as appear to the Authority to be necessary or expedient to ensure that it does so. . 5 In paragraph (4) for “Article 36 or 38” substitute “ Article 36, 38 or 38B, ” . 6 After paragraph (4) insert— 4A Where the Department refuses to grant an application for a consent under Article 37A it shall by notice in writing— a inform the person making the application (“ the applicant ”) of the fact; b give the applicant the reasons for that refusal; and c inform the applicant of any right to challenge the refusal. . Duty to inform European Commission where certain applications refused 11 After Article 38A(4A) (inserted by regulation 10) insert— 4B Where the Authority or the Department refuses to grant an application mentioned in paragraph (4) or (4A), the Authority or (as the case may be) the Department shall inform the European Commission by notice in writing of the reasons for the refusal. . Consultation on pipe-line exemptions 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Energy (Northern Ireland) Order 2003 13 The Energy (Northern Ireland) Order 2003 is amended as provided in regulations 14 to 16. Interpretation 14 In Article 2(2) for the definition of “the Gas Directive” substitute— “ the Gas Directive ” means European Parliament and Council Directive 2009/73/EC concerning common rules for the internal market in natural gas as amended by European Parliament and Council Directive 2019/692; . Powers and duties of the Authority 15 After Article 8(1) insert— 1A The Authority may consult and co-operate with the Agency. . 16 1 Article 8A is amended as provided for in paragraphs (2) and (3). 2 After paragraph (1) insert— 1A When carrying out its functions as designated regulatory authority for Northern Ireland, the Authority shall to the extent it considers necessary, consider whether there is a need to consult and co-operate with any person exercising functions in relation to gas which correspond to any of those of the Authority or the Department in a State to which Article 8(1)(c) applies. . 3 After paragraph (2) insert— 2A In meeting its duty under paragraph (1) the Authority shall, wherever it thinks fit, co-operate and consult with the Agency or the designated regulatory authorities in Great Britain or the Member States in relation to cross border issues (within the meaning of the Gas Directive) with a view to ensuring that the purposes of the Gas Directive in relation to such issues are achieved. 2B In meeting its duty under paragraph (1A) the Authority shall, wherever it thinks fit, co-operate and consult with any person exercising, in relation to a pipe-line to which Article 8(1)(c) applies, functions which correspond to any of those of the Authority or the Department. . Amendment of the Energy Act 2008 17 Paragraph 5 of Schedule 1 to the Energy Act 2008 is repealed. Revocation 18 Regulation 11 and the provisions inserted by that regulation in the Gas (Northern Ireland) Order 1996 shall cease to have effect on IP completion day. 19 Regulations 15 and 16 and the provisions inserted by those regulations in the Energy (Northern Ireland) Order 2003 shall cease to have effect on IP completion day. Sealed with the Official Seal of the Department for the Economy on 24th November 2020. Joe Reynolds A senior officer of the Department for the Economy