Gas Industry Act 2019

A licensee may apply to the Regulator for approval to transfer to another person the authority to carry out an activity specified on the licensee's licence.

The Regulator may, on application from a licensee under subsection (1), approve – the transfer – to another person who holds a gas retail licence, of the authority to carry out the gas retail activities, specified on the applicant's licence, that are specified in the application; or to another person who holds a gas infrastructure licence, of the authority to carry out the gas infrastructure activities, specified on the applicant's licence, that are specified in the application; or to another person who holds a retail licence or gas infrastructure licence, of the authority to carry out the activities, referred to in section 6(1)(c) specified on the applicant's licence, that are specified in the application; or the transfer, to another person who does not hold a licence, of the authority to carry out the gas activities specified in the application.

The Regulator may impose conditions on the transfer of the authority to carry out an activity.

It is a condition of the transfer of the authority to carry out an activity in relation to a licence that the person to whom the authority is transferred must – provide the Director of Gas Safety with a written commitment to comply with the existing safety case, for the relevant gas infrastructure, prepared under the Gas Safety Act 2019; or submit a new safety case, for the relevant gas infrastructure, under the Gas Safety Act 2019.

If the Regulator approves the transfer to a licence holder of the authority to carry out a gas activity, the Regulator, under section 31, is to – vary, revoke or add to the terms and conditions of the licence held by the licence holder from whom the authority is to be transferred, so that the carrying out of the activity ceases to be authorised under the licence; and vary, revoke or add to the terms and conditions of the licence held by the licence holder to whom the authority is to be transferred so that the carrying out of the activity becomes authorised under the licence; and vary, revoke or add to the terms and conditions of another licence held by the licence holder to whom the authority is to be transferred, as may be necessary to ensure that the carrying out of operations and business under each of the licences is adequately separate from the carrying out of operations and business under each of the other licences held by the licence holder.

If the Regulator approves the transfer from the holder of a licence, to a person who is not a licence holder, of the authority under the licence to carry out a gas activity – the Regulator is to vary or revoke under section 31 terms and conditions of the licence of the person from whom authority to carry out the activity is to be transferred, so that the carrying out of the activity ceases to be authorised under the licence; and a licence may be granted under section 22, to the person to whom the authority to carry out the activity is transferred, on such terms and conditions, of the licence from which the authority is to be transferred, as will – enable the carrying out of the activity under the licence that is so granted; and ensure that the carrying out of operations and business under each of the licences is adequately separate from the carrying out of operations and business under each of the other licences.