61B. Gas Network Code

Amended

Last amended by an amending law of 2007.

(1)

The Authority must issue a Gas Network Code for the use and operation of a gas pipeline network, which must include the following:

(a)

the governing of arrangements between the designated gas transporter and the relevant gas shippers for the purpose of enabling or ensuring that —

(i)

no person is prevented from gaining access to the gas pipeline network; and

(ii)

there is no undue discrimination for or against —

(A)

the designated gas transporter; or

(B)

any person’s access to the gas pipeline network;

(b)

the governing of the activities of the designated gas transporter and the relevant gas shippers;

(c)

the establishing and governing of the principles and methodologies relating to the operation of the gas pipeline network;

(d)

the establishing and governing of the charges payable by, and other liabilities to be discharged by, the designated gas transporter and the relevant gas shippers.

(2)

The designated gas transporter —

(a)

may modify the Gas Network Code in such manner as is provided in the Gas Network Code; and

(b)

must modify the Gas Network Code if directed to do so by the Authority.

(3)

Any modification to the Gas Network Code under subsection (2) is subject to approval by the Authority, which approval must be granted unless the Authority determines that the modification —

(a)

being a modification made under subsection (2)(a) —

(i)

prevents any person from gaining access to any gas pipeline network; or

(ii)

unduly discriminates in favour of or against —

(A)

the designated gas transporter; or

(B)

any person’s access to the gas pipeline network; or

(b)

is inconsistent with any function or duty of the Authority under section 3(3).

(4)

The Gas Network Code issued or modified in accordance with this section must be published by the designated gas transporter in such manner as will secure adequate publicity.

(5)

The designated gas transporter or any relevant gas shipper must not do any thing which, or must not omit to do any thing the omission of which, has or is likely to have an adverse effect on or compromise —

(a)

the safety or efficiency (including economic efficiency) of a gas pipeline network or any of its operations; or

(b)

the security or reliability of the conveyance of gas by means of a gas pipeline network.

(6)

The Gas Network Code is deemed not to be subsidiary legislation.