
1 

(1) This Order may be cited as the Gas (Designation of Pipelines) Order (Northern Ireland) 2006 and shall come into operation on 1st November 2006.
(2) In this Order
 “assigned” has the same meaning as in Article 12 of the Gas Order;
 “the Energy Order” means the Energy (Northern Ireland) Order 2003;
 “the Gas Order” means the Gas (Northern Ireland) Order 1996;
 “the Insolvency Act” means the Insolvency Act 1986 ; and
 “the Insolvency Order” means the Insolvency (Northern Ireland) Order 1989; and
 “relevant licensee” shall be construed in accordance with Article 3(1)(a).
2 
The pipeline specified in column (1) of the Schedule, being a high pressure pipeline, is hereby designated as a pipeline to which Article 60 of the Energy Order applies for the period beginning on and including the date of commencement of this Order and ending on the date specified opposite thereto in column (2) of the Schedule.
3 

(1) Article 2 and the Schedule shall cease to have effect where —
(a) a licence granted under Article 8(1)(a) of the Gas Order authorising a person (“a relevant licensee”) to convey gas through that pipeline is revoked or assigned; or
(b) there is an insolvency event in relation to the relevant licensee.
(2) For the purpose of paragraph (1)(b) an “insolvency event” occurs in relation to a relevant licensee if it:
(a) is deemed unable to pay its debts (within the meaning of Article 103(1) or (2) of the Insolvency Order or section 123(1) or (2) of the Insolvency Act) or if any voluntary arrangement is proposed in relation to it under Article 14 of the Insolvency Order or section 1 of the Insolvency Act;
(b) has a receiver (which expression shall include an administrative receiver within the meaning of Article 5(1) of the Insolvency Order) of the whole or any material part of its assets or undertaking appointed;
(c) has an administration order under Article 21 of the Insolvency Order or Schedule B1 to the Insolvency Act made in relation to it;
(d) has any resolution for winding up passed in relation to it; or
(e) becomes subject to an order for winding up by a court of competent jurisdiction.
(3) In paragraph (2)(a) the reference to Article 103(1) of the Insolvency Order and to section 123(1) of the Insolvency Act shall be construed as, in each case, a reference to that provision as if in sub-paragraph (a) for “£750” there was substituted “£250,000”
(4) For the purposes of paragraph (2)(a), a licensee shall not be deemed to be unable to pay its debts if any such demand as is mentioned in Article 103(1)(a) of the Insolvency Order, or section 123(1)(a) of the Insolvency Act is being contested in good faith by that licensee with recourse to all appropriate measures and procedures.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 10th October 2006
Jenny Pyper
A senior officer of the
Department of Enterprise, Trade and Investment

SCHEDULE
Article 2


Description of the Pipeline Date designation ending
The pipeline known as the South North pipeline, which runs for 100 kilometres from the tied in point of intersection with the North West pipeline at Ballyalbanagh above ground installation to the border with the Republic of Ireland at Forkhill in County Armagh. 31st October 2031