Office of Public Sector Information
PART I continued
(1)Where no final or provisional order has been made in relation to a contravention or failure, the Authority may not impose a penalty in respect of the contravention or failure later than the end of the period of 12 months from the time of the contravention or failure, unless before the end of that period—
(a)the notice under section 30A(3) relating to the penalty is served on the licence holder under section 30A(7), or
(b)a notice relating to the contravention or failure is served on the licence holder under section 38(1).
(2)Where a final or provisional order has been made in relation to a contravention or failure, the Authority may not impose a penalty in respect of the contravention or failure unless the notice relating to the penalty under section 30A(3) was served on the licence holder under section 30A(7)—
(a)within three months from the confirmation of the provisional order or the making of the final order, or
(b)where the provisional order is not confirmed, within six months from the making of the provisional order.]
F1Ss. 30A-30F inserted (20.12.2000 for specified purposes otherwise 1.10.2001) by 2000 c. 27, s. 95(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
(1)If the whole or any part of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the M1Judgments Act 1838.
(2)If an application is made under subsection (6) of section 30A in relation to a penalty, the penalty is not required to be paid until the application has been determined.
(3)If the Authority grants an application under that subsection in relation to a penalty but any portion of the penalty is not paid by the date specified in relation to it by the Authority under that subsection, the Authority may where it considers it appropriate require so much of the penalty as has not already been paid to be paid immediately.]
F1Ss. 30A-30F inserted (20.12.2000 for specified purposes otherwise 1.10.2001) by 2000 c. 27, s. 95(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
M11838 c. 110.
(1)If the licence holder on whom a penalty is imposed is aggrieved by—
(a)the imposition of the penalty;
(b)the amount of the penalty; or
(c)the date by which the penalty is required to be paid, or the different dates by which different portions of the penalty are required to be paid,
the licence holder may make an application to the court under this section.
(2)An application under subsection (1) must be made—
(a)within 42 days from the date of service on the licence holder of a notice under section 30A(5), or
(b)where the application relates to a decision of the Authority on an application by the licence holder under section 30A(6), within 42 days from the date the licence holder is notified of the decision.
(3)On any such application, where the court considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the grounds falling within subsection (4), the court—
(a)may quash the penalty;
(b)may substitute a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case; or
(c)in the case of an application under subsection (1)(c), may substitute for the date or dates imposed by the Authority an alternative date or dates.
(4)The grounds falling within this subsection are—
(a)that the imposition of the penalty was not within the power of the Authority under section 30A;
(b)that any of the requirements of subsections (3) to (5) or (7) of section 30A have not been complied with in relation to the imposition of the penalty and the interests of the licence holder have been substantially prejudiced by the non-compliance; or
(c)that it was unreasonable of the Authority to require the penalty imposed, or any portion of it, to be paid by the date or dates by which it was required to be paid.
(5)If an application is made under this section in relation to a penalty, the penalty is not required to be paid until the application has been determined.
(6)Where the court substitutes a penalty of a lesser amount it may require the payment of interest on the substituted penalty at such rate, and from such date, as it considers just and equitable.
(7)Where the court specifies as a date by which the penalty, or a portion of the penalty, is to be paid a date before the determination of the application under this section it may require the payment of interest on the penalty, or portion, from that date at such rate as it considers just and equitable.
(8)Except as provided by this section, the validity of a penalty shall not be questioned by any legal proceedings whatever.
(9)In this section “the court” means—
(a)in relation to England and Wales, the High Court; and
(b)in relation to Scotland, the Court of Session.]
F1Ss. 30A-30F inserted (20.12.2000 for specified purposes otherwise 1.10.2001) by 2000 c. 27, s. 95(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
Where a penalty imposed under section 30A(1), or any portion of it, has not been paid by the date on which it is required to be paid and—
(a)no application relating to the penalty has been made under section 30E during the period within which such an application can be made, or
(b)an application has been made under that section and determined,
the Authority may recover from the licence holder, as a civil debt due to it, any of the penalty and any interest which has not been paid.]
F1Ss. 30A-30F inserted (20.12.2000 for specified purposes otherwise 1.10.2001) by 2000 c. 27, s. 95(1); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F1S. 31 repealed (7.11.2000) by 2000 c. 27, ss. 22(3), 108, Sch. 8 (with Sch. 7 para. 31); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)
(1)This section applies to a complaint which any customer or potential customer of, or user of gas supplied by, an authorised supplier (“the complainant”) has in his capacity as such against—
(a)the supplier, in respect of any matter connected with the services provided by him in the course of carrying on regulated activities; or
(b)any other person authorised by a licence or exemption, in respect of any matter affecting those services which is connected with the carrying on by that other person of regulated activities.
(2)Where a complaint to which this section applies (other than one appearing to it to be frivolous or vexatious) is referred to the Council by or on behalf of the complainant, the Council shall (subject to subsection (5)) investigate the complaint for the purpose of determining whether it is appropriate to take any action under subsection (6).
(3)Where it appears to the Council that the complaint relates to a matter in respect of which any enforcement function is or may be exercisable the Council shall (unless it considers that the Authority already has notice of that matter) inform the Authority of the matter.
(4)Where it appears to the Council that the complaint relates to a matter which constitutes a dispute of a kind which can be referred to the Authority under any provision of this Act, the Council shall inform the complainant that he may have the right to refer the dispute to the Authority.
(5)The Council is not required by this section—
(a)to investigate a complaint, until the complainant has taken such steps as appear to the Council to be reasonable for him to take for the purpose of giving the person against whom the complaint is made a reasonable opportunity to deal with the complaint;
(b)to investigate any matter to which subsection (3) applies, until the Authority has had a reasonable opportunity to exercise any enforcement function in respect of that matter; and
(c)to investigate any matter constituting a dispute which has been referred to the Authority under any provision of this Act.
(6)Where it appears to the Council to be appropriate to do so with a view to assisting in reaching a satisfactory resolution of a complaint referred to it under this section, the Council shall make representations on behalf of the complainant to the person against whom the complaint is made about anything to which the complaint relates.
(7)After investigating a complaint the Council may make a report to the Authority; and such a report may include information about—
(a)any representations made by the Council under subsection (6); and
(b)the response of the person against whom the complaint is made to the complaint or any such representations.
(8)No report under subsection (7), or information about a complaint referred to the Council under this section from which the complainant may be identified, shall be published or disclosed by the Council or the Authority in the exercise of any power under the Utilities Act 2000 or this Act, without the consent of the complainant.
(9)Where a representation made to the Authority about any matter (other than one appearing to it to be frivolous or vexatious) appears to the Authority—
(a)to be about a matter which is or amounts to a complaint to which this section applies; and
(b)to have been made by or on behalf of the complainant,
the Authority shall refer the complaint to the Council.
(10)In this section—
“enforcement function” means a function under section 28 or 30A; and
“regulated activities” means activities which are authorised or regulated by a licence or exemption.]
F1S. 32 substituted (7.11.2000) by 2000 c. 27, s. 22(1); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)
F1S. 32A repealed (7.11.2000) by 2000 c. 27, ss. 22(3), 108, Sch. 8 (with Sch. 7 para. 31); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)
(1)The Council may investigate any matter (not being a matter which it is its duty to investigate under this Part) which appears to it to be a matter relating to the interests of consumers in relation to gas conveyed through pipes.
(2)The power to undertake an investigation under this section includes, without prejudice to the generality of subsection (1), power to investigate any matter relating to or to anything connected with gas fittings (or their use) or the use of gas supplied by authorised suppliers.
(3)In subsection (2), “gas fittings” means gas fittings used or intended to be used by persons supplied with gas by authorised suppliers.
(4)Where the Council has investigated a matter under this section it may make a report on that matter to the Authority, the Secretary of State, the Director General of Fair Trading or any other public authority whose functions appear to the Council to be exercisable in relation to that matter.
(5)Subject to subsection (6), the Council may—
(a)send a report on any matter investigated under this section to any person who appears to the Council to have an interest in that matter; and
(b)publish any such report in such manner as the Council thinks appropriate.
(6)Information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate)—
(a)shall not be included in a report which is to be sent to any person under subsection (5)(a), unless one or more of paragraphs (a) to (c) of subsection (7) applies; and
(b)shall be excluded from any such report which is to be published under subsection (5)(b), unless one or more or paragraphs (a) to (c) of subsection (8) applies.
(7)Information relating to a particular individual or body may be included in a report to be sent under subsection (5)(a) if—
(a)that individual or body has consented to the disclosure;
(b)it is information that is available to the public from some other source; or
(c)it is not information the disclosure of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body.
(8)Information relating to a particular individual or body may be included in a report to be published under subsection (5)(b) if—
(a)that individual or body has consented to the publication;
(b)it is information that is available to the public from some other source; or
(c)it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body.
(9)Before deciding to include in such a report any information relating to a particular individual or body in pursuance of subsection (7)(c) or (8)(c), the Council shall—
(a)consult that individual or body; and
(b)have regard to any opinion expressed by the Authority as to the application of subsection (7)(c) or (8)(c) to the information or as to the desirability or otherwise of its inclusion in the report;
and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information.]
F1S. 33 substituted (7.11.2000) by 2000 c. 27, s. 23(1) (with Sch. 7 para. 31); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)
F1Cross heading, ss. 33A and 33B inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 11; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt.I.
[F2(1)The Authority may make regulations prescribing such standards of performance in connection with the activities of gas suppliers, so far as affecting customers or potential customers of theirs, as in the Authority’s opinion ought to be achieved in individual cases.
(2)Regulations under this section may only be made with the consent of the Secretary of State.]
(3)Regulations under this section may—
(a)prescribe circumstances in which [F3gas suppliers] are to inform [F4customers or potential customers] of their rights under this section [F5or the rights under section 33AA];
(b)prescribe such standards of performance in relation to any duty arising under paragraph (a) above as, in the Director’s opinion, ought to be achieved in all cases;
(c)prescribe circumstances in which [F3gas suppliers] are to be exempted from any requirements of the regulations or this section; and
(d)[F6if the Director is of the opinion that the differences are such that no gas supplier would be unduly disadvantaged in competing with other gas suppliers,] make different provision with respect to different [F3gas suppliers].
(4)If a [F7gas supplier] fails to meet a prescribed standard, he shall make to any [F8customer or potential customer] who is affected by the failure [F9and is of a prescribed description]such compensation as may be determined by or under the regulations.
(5)The making of compensation under this section in respect of any failure to meet a prescribed standard shall not prejudice any other remedy which may be available in respect of the act or omission which constituted that failure.
F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F1Cross heading, ss. 33A and 33B inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 11; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.
F2S. 33A(1)(2) substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 13(a); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F3Words in s. 33A(3) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 34(3)(a); S.I. 1996/218, art. 2
F4Words in s. 33A(3)(s) substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 13(b); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F5Words in s. 33A(3)(a) inserted (1.10.2001) by 2000 c. 27, s. 90(1)(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F6Words in s. 33A(3)(d) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 34(3)(c); S.I. 1996/218, art. 2
F7Words in s. 33A(4) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 34(4)(a); S.I. 1996/218, art. 2
F8Words in s. 33A(4) substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 13(c); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in art. 3-20)
F9Words in s. 33A(4) inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 13(c); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F10S. 33A(6)-(9) repealed (1.10.2001) by 2000 c. 27, ss. 90(1)(b), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F11S. 33A(10)(11) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 34(5), Sch. 6; S.I. 1996/218, art. 2
(1)The Authority may make regulations prescribing such standards of performance in connection with the activities of gas transporters, so far as affecting customers or potential customers of gas suppliers, as in the Authority’s opinion ought to be achieved in individual cases.
(2)Regulations under this section may only be made with the consent of the Secretary of State.
(3)If a gas transporter fails to meet a prescribed standard, he shall make to any customer or potential customer of a gas supplier who is affected by the failure and is of a prescribed description such compensation as may be determined by or under the regulations.
(4)The regulations may—
(a)prescribe circumstances in which gas transporters are to inform customers or potential customers of gas suppliers of their rights under this section;
(b)prescribe such standards of performance in relation to any duty arising under paragraph (a) as, in the Authority’s opinion, ought to be achieved in all cases;
(c)make provision as to the manner in which compensation under this section is to be made;
(d)prescribe circumstances in which gas transporters are to be exempted from any requirements of the regulations or this section; and
(e)if the Authority is of the opinion that the differences are such that no gas transporter would be unduly disadvantaged in competing with other gas transporters, make different provision with respect to different gas transporters.
(5)Provision made under subsection (4)(c) may—
(a)require or permit compensation to be made on behalf of gas transporters by gas suppliers to customers or potential customers;
(b)require gas suppliers to provide services to gas transporters in connection with the making of compensation under this section.
(6)The making of compensation under this section in respect of any failure to meet a prescribed standard shall not prejudice any other remedy which may be available in respect of the act or omission which constituted that failure.]
F1S. 33AA inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 90(2); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
Gas Act 1986