Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III LICENSING OF ACTIVITIES RELATING TO GAS

Part IV MODIFICATION AND ENFORCEMENT OF GAS LICENCES

Part V GAS TRANSPORTERS

Part VI GAS RETAILERS AND GENERAL PROVISIONS

Part VII GAS NETWORK CODE

Part VIIA CODES OF PRACTICE

Part VIIB CONTROL OF GAS LICENSEES AND ENTITIES WITH INTEREST IN GAS PIPELINE NETWORK

Part VIII SAFETY

Part IX COMPETITION

Part X APPEAL PANEL

Part XI MISCELLANEOUS

Part XII TRANSITIONAL PROVISIONS

Legislative History

Power to make special administration order, etc.
34.
—(1)  If, on an application made to the Minister by the Authority, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to a gas transporter or an LNG terminal operator, the Minister may make any one or more of the following orders:
(a)
a special administration order in relation to the gas transporter or LNG terminal operator;
(b)
an order requiring the gas transporter or LNG terminal operator to immediately take any action or do or not do any act or thing in relation to its licensed gas business as the Minister may consider necessary;
(c)
an order appointing a person to advise the gas transporter or LNG terminal operator on the proper conduct of its licensed gas business.
(2)  The grounds referred to in subsection (1) are —
(a)
the gas transporter or LNG terminal operator is or is likely to be unable to pay its debts;
(b)
the occurrence of a public emergency;
(c)
the Minister considers it in the interest of the security or reliability —
(i)
in the case of a gas transporter, of the conveyance of gas by the gas transporter to consumers’ premises; or
(ii)
in the case of an LNG terminal operator, of the services provided by the LNG terminal operator; or
(d)
the Minister otherwise considers it in the public interest.
(3)  Notice of any application under subsection (1) shall be given immediately by the Authority to such persons and in such manner as may be determined by the Authority.
(4)  Any decision of the Minister under subsection (1) shall be final.
(5)  For the purposes of this section, a gas transporter or an LNG terminal operator, being a company, is unable to pay its debts if it is deemed to be so unable under section 254(2) of the Companies Act (Cap. 50).
(6)  Notwithstanding any written law —
(a)
a gas transporter or an LNG terminal operator shall not be wound up voluntarily without the consent of the Authority;
(b)
no judicial management order under Part VIIIA of the Companies Act shall be made in relation to a gas transporter or an LNG terminal operator;
(c)
no step shall be taken by any person to enforce any security over a gas transporter’s or an LNG terminal operator’s property except where that person has served 14 days’ notice in writing of his intention to take that step on the Authority; and
(d)
no step shall be taken by any person to execute or enforce a judgment or order of court obtained against a gas transporter or an LNG terminal operator, except where that person has served 14 days’ notice in writing of his intention to take that step on the Authority.
(7)  The Authority shall be a party to any proceedings under the Companies Act relating to the winding up of the affairs of a gas transporter or an LNG terminal operator.
[24/2007 wef 11/06/2007]