{
  "url": "https://openlegislation.uk/gas-applications-for-licences-and-extensions-amendment-no-2-regulations-northern-ireland-2013/schedule-3",
  "json_url": "https://openlegislation.uk/gas-applications-for-licences-and-extensions-amendment-no-2-regulations-northern-ireland-2013/schedule-3.json",
  "legislation": "nisr/2013/281",
  "legislation_title": "The Gas (Applications for Licences and Extensions) (Amendment No. 2) Regulations (Northern Ireland) 2013",
  "legislation_url": "https://openlegislation.uk/gas-applications-for-licences-and-extensions-amendment-no-2-regulations-northern-ireland-2013",
  "path": "schedule/3",
  "kind": "schedule",
  "number": "3",
  "heading": null,
  "text": "“SCHEDULE 2\nRegulation 4(1)(b)\nPart II\nDocuments and other Particulars to accompany an Application for a Gas Storage Licence or Extension (see Note)\nFinancial information\n1. If the applicant is a company copies of:—\n(a) the most recent annual accounts of the applicant in respect of which an auditors’ report has been prepared, together with that report;\n(b) the annual accounts of the applicant for the two financial years preceding that to which the accounts referred to in sub-paragraph (a) relate, together with the appropriate auditors’ reports;\n(c) such interim accounts (whether audited or not) as may have been prepared in respect of a period more recent than that covered by any of the documents specified in sub-paragraph (a) and (b).\n2. In addition to the documents specified at paragraph 1 if the applicant is a subsidiary undertaking, copies of:—\n(a) the most recent group accounts in respect of the group of which the subsidiary undertaking forms part and in respect of which an auditors’ report has been prepared, together with that report;\n(b) the group accounts in respect of that group for the two financial years preceding that to which the accounts referred to in sub-paragraph (a) relate, together with the appropriate auditors’ reports; and\n(c) such interim accounts for that group (whether audited or not) as may have been prepared in respect of a period more recent than that covered by any of the documents specified in sub-paragraphs (a) and (b).\n3. Where the documents specified at paragraph 2 do not include the consolidated accounts for any parent undertaking of the applicant established outside Northern Ireland, copies of such accounts, together with any auditors’ reports, as indicate the financial state of affairs of the group in question:—\n(a) at the time of the application; and\n(b) at the end of each of the three financial years preceding that time.\nNote\nIf the application is for an extension of a licence, the information and documents specified at paragraphs 1 to 3 above and paragraphs 4 to 7 below need only be given in so far as, in any material respect they differ from or add to the most recent information or documents which were provided in relation to the same requirement:—\n(a) with an application made by the applicant in accordance with these Regulations; or\n(b) subsequent to such an application in pursuance of a condition of the applicant’s licence.\n4. Where the applicant is not a company, such accounts or other information as indicate the financial state of affairs of the applicant, and of any person in whom effective control of the applicant resides:—\n(a) at the time of the application; and\n(b) at the end of each of the three financial years preceding that time.\n5. A statement giving such further particulars (if any), whether by way of financial projections, sources of finance (including the amount of any borrowings required or being sought from banks or other lending institutions) or otherwise, as will, in conjunction with such information and documents as is provided in accordance with paragraphs 1 to 4, indicate whether the applicant would be likely to be able to finance the activities authorised by its licence if the application were granted.\nConstitutional documents\n6. Where the applicant is a company:—\n(a) copies of its Memorandum and Articles of Association or other constitutional documents;\n(b) the names of its directors as at the date of the application; and\n(c) the names of its principal shareholders as at the date of the application.\n7. Details of each parent undertaking, holding company and ultimate controller of the applicant, and full details of the position of the applicant within any group structure.\nExpertise of applicant\n8. A statement giving such particulars of the applicant, and of any sub-contractors or other persons on whose expertise or experience the applicant proposes to rely, as may indicate whether the applicant or that other person has or will acquire the necessary skills to undertake the activities to which the licence or, as the case may be, the extension, relates and any other activities which are reasonably incidental thereto.\n9. Details of any licence or authorisation held by the applicant in a jurisdiction other than Northern Ireland which is equivalent to a licence under the Order or the Electricity (Northern Ireland) Order 1992.\nProposed location of storage facility\n10. A map drawn to an appropriate scale showing the proposed location of the gas storage facility to which the application relates.\nDevelopment plan\n11. A development plan in respect of the activities (“the authorised activities”) which would be authorised by the licence or, as the case may be, the extension if the application were granted, including details of:—\n(a) the type, design and capacity of the storage facility intended;\n(b) the intended regime for acceptance of gas for storage and export of gas to gas networks;\n(c) any intended arrangements for connection of the storage facility with any gas networks;\n(d) estimated total revenue from the authorised activities in each of the first 10 years of operation of the storage facility;\n(e) estimated total capital costs of the storage facility;\n(f) estimated total operating costs of the authorised activities in each of the first 10 years of operation of the storage facility, showing separately such costs in relation to fuel (including gas purchases), staff costs, rent and rates, development costs and insurance; and\n(g) net annual cashflow,\nand stating, where appropriate, the assumptions underlying the figures provided.\nSafety requirements\n12. Such particulars as will indicate whether any gas storage facility in which the applicant was authorised to store gas if the application were granted would be operated safely.\nStandard conditions\n13. Any modification requested to any of the standard conditions for a gas storage licence and the grounds on which the applicant believes that any such modification:—\n(a) is requisite to meet the circumstances of a particular case; and\n(b) is such that no other holder of such a licence would be unduly disadvantaged if the modification were made.\n14. Particulars of the applicant’s proposed arrangements for compliance with those standard conditions for a gas storage licence which are identified for this purpose.\nIndependence of legal form, organisation and decision-making\n15. Where an applicant forms part of a vertically integrated undertaking, one of the following:—\n(a) a statement identifying any reason of which the applicant is aware why it would be unable to satisfy the independence of legal form, organisation and decision-making requirement set out at Article 10A(8)(c) of the Order; or\n(b) a statement signed by a senior officer of the applicant confirming that there is no such reason of which the applicant is aware.\nFit and proper person\n16. One of the following:—\n(a) full particulars of all actual, pending or threatened regulatory enforcement actions that have been, are being, or are proposed to be taken by any competent authority against the applicant or any individuals listed in accordance with paragraph 6(b) (“relevant individuals”) or any parent undertaking, holding company or ultimate controller of the applicant; or\n(b) a statement signed by a senior officer of the applicant confirming that there is no such actual, pending or threatened regulatory enforcement action.\n17. One of the following:—\n(a) full particulars of all criminal convictions of the applicant or any relevant individuals or any parent undertaking, holding company or ultimate controller of the applicant other than convictions for minor road traffic offences or in respect of which the convicted person has become rehabilitated under the Rehabilitation of Offenders (Northern Ireland) Order 1978 or the Rehabilitation of Offenders Act 1974; or\n(b) a statement signed by a senior officer of the applicant confirming that there are no such convictions.\n18. One of the following:—\n(a) full particulars of all cautions given, prosecutions brought or threatened or any other action taken by a competent authority in respect of the applicant or any relevant individuals or any parent undertaking, holding company or ultimate controller of the applicant within the six years prior to the date of the application, in relation to any actual or alleged contravention of environmental (including town and country planning) legislation; or\n(b) a statement signed by a senior officer of the applicant confirming that there have been no such actions.\n19. One of the following:—\n(a) full particulars of every application made by the applicant or any parent undertaking, holding company or ultimate controller of the applicant for a licence under the Order or the Electricity (Northern Ireland) Order 1992, or for any equivalent form of licence or authorisation in a jurisdiction other than Northern Ireland, where that application has been refused; or\n(b) a statement signed by a senior officer of the applicant confirming that there have been no such refusals.\n20. One of the following:—\n(a) full particulars of every licence held by the applicant or any parent undertaking, holding company or ultimate controller of the applicant under the Order or the Electricity (Northern Ireland) Order 1992, or any equivalent form of licence or authorisation in a jurisdiction other than Northern Ireland, which has been revoked or threatened to be revoked; or\n(b) a statement signed by a senior officer of the applicant confirming that there has been no such revocation or threat of revocation.\n21. One of the following:—\n(a) full particulars of every instance of insolvency or corporate restructuring to which the applicant or any parent undertaking, holding company or ultimate controller of the applicant has been subject; or\n(b) a statement signed by a senior officer of the applicant confirming that there has been no such instance of insolvency or corporate restructuring.\n22. One of the following:—\n(a) full particulars of all actual, pending or threatened recovery orders in relation to illegal State aid that have been made, are being made, or have been proposed by the European Commission in respect of the applicant or any parent undertaking, holding company or ultimate controller of the applicant; or\n(b) a statement signed by a senior officer of the applicant confirming that there have been no such actual, pending or threatened recovery orders.\nInterpretation\n23. In this Schedule:—\n“the 2006 Act” means the Companies Act 2006;\n“annual accounts” has the meaning given by section 471 of the 2006 Act;\n“auditors’ report” means a report prepared under section 495 of the 2006 Act;\n“company” has the meaning given by section 1 of the 2006 Act;\n“competent authority” means any minister, ministry, department, agency, authority, official or statutory office holder;\n“group” has the meaning given by section 474(1) of the 2006 Act;\n“group accounts” means such accounts as are required to be prepared by section 399 of the 2006 Act;\n“holding company” has the meaning given by section 1159 of the 2006 Act;\n“parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the 2006 Act;\n“senior officer” means the chairman, chief executive, other director or company secretary of the applicant;\n“ultimate controller” means, in respect of the applicant:—\n(a) any holding company of the Licensee, which is not itself a subsidiary of another company; and/or\n(b) any person who (whether alone or with a person or persons connected with him) is in a position to control, or to exercise significant influence over, the policy of the applicant, or any holding company of the applicant, by virtue of:\n(i) rights under contractual arrangements to which he is a party or of which he is a beneficiary;\n(ii) rights of ownership (including rights attached to or deriving from securities or rights under a trust) which are held by him or of which he is a beneficiary,\n(and for these purposes a person shall be considered to be connected with another person if they are party to any arrangement regarding the exercise of any such rights as are described in (i) and/or (ii)),\nbut shall exclude any director or employee of a corporate body in his capacity as such and any minister, ministry, department, agency, authority, official or statutory office holder.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1996/275 (N.I. 2), relevant amendments were made by S.R. 2011 No. 155 and S.R. 2013 No. 92"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1992 No. 231 (N.I. 1)"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1978 No. 1908 (N.I. 27)"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1974 c. 53"
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "2006 c.46"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2013/281/schedule/3",
    "retrieved_at": "2026-10-29T01:08:59.396612+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}