Clause 7 — Gas Bill

(1)

An application for a licence, an extension to a licence or an exemption under this Part shall —

(a)

be made in writing to the Authority and shall be in such form as may be determined by the Authority; and

(b)

be accompanied by such information, document and fee as may be determined by the Authority.

(2)

In determining whether to grant or extend a licence to or for a particular person, the Authority shall consider the following:

(a)

the ability of that person to finance the carrying on of the particular activity;

(b)

the experience of that person in carrying on the activity, and his ability to perform the duties which would be imposed on him under this Act and the licence, if granted;

(c)

in the case of a gas retailer’s licence, in relation to that person —

(i)

the quantities of gas available, or which are anticipated to be available, to that person for retail purposes; and

(ii)

the sufficiency of rights held, or which are anticipated to be held, by that person to ship gas to premises for retail purposes;

(d)

whether or not that person is related to any gas licensee or any person granted an exemption under section 8; and

(e)

the functions and duties of the Authority under section 3.

(3)

The Authority may, with the approval of the Minister, grant or extend —

(a)

for all or any of the purposes referred to in section 6(1)(a), a gas transporter’s licence;

(b)

for the purpose referred to in section 6(1)(b), a gas retailer’s licence; and

(c)

for the purpose referred to in paragraph (c) of section 6(1), such licence as specified in any order made or extended under that paragraph.

(4)

A gas transporter’s licence granted or extended for the purpose referred to in section 6(1)(a)(i) shall specify the area to which the licence relates, which area may include any part of an area specified in an existing licence granted to another person under this section.

(5)

A gas transporter’s licence shall not be granted to —

(a)

a person who is the holder of a gas retailer’s licence; or

(b)

any other person, if the grant of such licence may, in the opinion of the Authority, give rise to a conflict of interest in the discharge of any duty imposed on such person under this Act, the Electricity Act 2001 or any licence issued to him under this section.

(6)

A gas retailer’s licence shall not be granted to —

(a)

a person who is the holder of a gas transporter’s licence; or

(b)

any other person, if the grant of such licence may, in the opinion of the Authority, give rise to a conflict of interest in the discharge of any duty imposed on such person under this Act, the Electricity Act 2001 or any licence issued to him under this section.

(7)

Every licence granted or extended under this Part shall continue in force, unless it is revoked or suspended, for such period as may be specified in the licence.