Regulation 9 Transitional provisionsI1

For regulation 10 substitute—

“Pipes used to convey biogas or gas made from biogas: transitional provisions

10.

(1)

A BPF pipe transporter (“B”) may continue to convey gas in a BPF pipe on and after 6th April 2023 despite the fact that B does not have a safety case prepared pursuant to regulation 3(1)(a) which has been accepted by the Executive.

(2)

But paragraph (1) ceases to apply to B—

(a)

on 6th October 2024, if B has not prepared a safety case pursuant to regulation 3(1)(a) and sent it to the Executive before that date;

(b)

if the Executive rejects the safety case prepared by B pursuant to regulation 3(1)(a), on the date on which the Executive rejects B’s safety case (whether this date is before or after 6th October 2024).

(3)

In this regulation—

• “BPF pipe transporter” means a person who, immediately before 6th April 2023—

  1. (a)

     is conveying gas in a BPF pipe; and

  2. (b)

     is not conveying gas in any part of any existing network to which the BPF pipe is connected;

• “BPF pipe” means a pipe conveying gas from a biomethane production facility which, immediately before 6th April 2023—

  1. (a)

     is connected to an existing network; but

  2. (b)

     is not treated as part of that network for the purposes of these Regulations;

• “existing network” means a network within the meaning of these Regulations as they had effect immediately before 6th April 2023.

Transitional provisions: emergency reporting service provider safety case

10A.

(1)

This regulation applies where, immediately before 6th April 2023, a person (“P”) has an accepted EHP safety case.

(2)

P’s accepted EHP safety case is to be treated, on and after 6th April 2023, as if it had been prepared pursuant to, and accepted by the Executive under, regulation 3(3A).

(3)

Accordingly, on 6th April 2023, P becomes the emergency reporting service provider for each network.

(4)

Regulation 4 applies in relation to P as if the requirement in paragraph (3) of that regulation to make a thorough review of the contents of its accepted EHP safety case every three years were a requirement to—

(a)

make a thorough review of the accepted EHP safety case by the end of the period of three years beginning with the day on which P last reviewed that safety case, and

(b)

at least every three years thereafter.

(5)

Nothing in this regulation prevents P from giving written notice for the purposes of regulation 3(3B) on or after 6th April 2023 in relation to any or all of the networks.

(6)

In this regulation “accepted EHP safety case” means a safety case prepared pursuant to, and accepted by the Executive under, paragraph 3 of exemption No. 8 of 2016 granted by the Executive in pursuance of its powers under regulation 11(1) of these Regulations on 5th September 2016 to National Grid Gas Distribution Limited, a company registered in England and Wales with the company number 10080864.”.