Office of Public Sector Information
F1Sch. 2B inserted (1.3.1996) by 1995 c. 45, s. 9(2), Sch. 2; S.I. 1996/218, art. 2
1(1)In this Schedule, unless the context otherwise requires—
“the appointed day ” means the day appointed under section 18(2) of the Gas Act 1995;
“connect ”, in relation to any premises, means connect to a main of a [F1gas transporter], whether directly or by means of a service pipe, and “disconnect ” and “re-connect ” have corresponding meanings except that they also include discontinuing or, as the case may be, resuming the conveyance of gas to the premises;
“consumer ” means a person who is supplied with gas conveyed to particular premises (in this Schedule referred to as his premises) by a public gas transporter;
“relevant gas supplier ” and “relevant gas shipper ”, in relation to a consumer, mean respectively any gas supplier who is supplying him with gas conveyed to his premises and any gas shipper who has made arrangements in pursuance of which gas is conveyed to those premises.
(2)In so far as the provisions of this Schedule, other than paragraphs 20 to 22 below, apply in relation to a [F1gas transporter], gas supplier or gas shipper, they shall have effect subject to any conditions of his licence.
F1Words in Sch. 2B para. 1 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
2(1)Every consumer shall take his supply through a meter—
(a)the use of which does not contravene section 17 of this Act; and
(b)which is of a type appropriate for registering the quantity of gas supplied.
(2)In default of the consumer’s doing so or agreeing to do so—
(a)the [F1gas transporter] may disconnect or, as the case may be, refuse to connect his premises; and
(b)any relevant gas supplier may cut off the supply of gas to his premises.
F1Words in Sch. 2B para. 2 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
3(1)Every consumer shall at all times, at his own expense, keep all meters—
(a)which belong to him, or which are lent or hired to him and are owned otherwise than by the [F1gas transporter] or a relevant gas supplier; and
(b)by which the quantity of gas supplied is registered,
in proper order for correctly registering the quantity of gas.
(2)In default of the consumer’s doing so—
(a)the [F1gas transporter] may disconnect his premises; and
(b)any relevant gas supplier may cut off the supply of gas to his premises.
(3)In the case of any consumer, the [F1gas transporter] or any relevant gas supplier shall at all times, without charge to the consumer, keep any meter which is owned by him and is lent or hired to the consumer in proper order for correctly registering the quantity of gas supplied.
(4)Sub-paragraph (3) above is without prejudice to any remedy the transporter or supplier may have against the consumer for failure to take proper care of the meter.
(5)In the case of any consumer, the [F1gas transporter], any relevant gas supplier and any relevant gas shipper—
(a)shall have power to remove, inspect and re-install any meter by which the quantity of gas supplied is registered; and
(b)shall, while any such meter is removed, fix a substitute meter on the premises;
and, subject to sub-paragraph (6) below, the cost of removing, inspecting and re-installing a meter and of fixing a substitute meter shall be defrayed by the transporter, supplier or shipper.
(6)Where such a meter is removed for the purpose of being examined by a meter examiner in accordance with section 17 of this Act, the expenses incurred in removing, examining and re-installing the meter and fixing a substitute meter shall be defrayed as follows—
(a)if the examination is carried out at the request of any person and the meter is found in proper order, by that person;
(b)if the meter is not so found, by the person required by sub-paragraph (1) or (3) above to keep the meter in proper order.
(7)A meter is found in proper order for the purposes of sub-paragraph (6) above if it is found to register correctly or to register erroneously to a degree not exceeding the degree permitted by regulations under section 17 of this Act.
(8)Nothing in this paragraph shall apply in relation to any meter which, in pursuance of an agreement falling within section 17(14) of this Act, is used for ascertaining the quantity of gas supplied to a consumer if either—
(a)the agreement was entered into before the appointed day; or
(b)the [F1gas transporter] and each relevant gas shipper have agreed that the meter should be kept in proper order by a person other than the consumer.
F1Words in Sch. 2B para. 3 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
C1Sch. 2B para. 3(6)(b) applied (with modifications) (1.3.1996) by S.I. 1996/399, art. 7(2)(b)
4(1)This paragraph applies where a consumer is supplied with gas through a meter at a rate not exceeding 75,000 therms a year.
(2)Subject to sub-paragraph (3) below, the register of the meter shall be prima facie evidence of the quantity of gas supplied.
(3)Where the meter is found, when examined by a meter examiner appointed under section 17 of this Act, to register erroneously to a degree exceeding the degree permitted by regulations under that section, the meter shall be deemed to have registered erroneously to the degree so found since the relevant date, except in a case where it is proved to have begun to do so on some later date.
(4)In sub-paragraph (3) above “the relevant date ” means—
(a)the penultimate date on which, otherwise than in connection with the examination, the register of the meter was ascertained; or
(b)if regulations so provide, such other date as may be determined by or under the regulations.
5(1)This paragraph applies where a meter is to be used to register the quantity of gas supplied to a consumer and—
(a)gas has not previously been conveyed by the [F1gas transporter] to the consumer’s premises;
(b)a new or substituted pipe is to be laid between the transporter’s main and the meter; or
(c)the meter is to be installed in a different position.
(2)Subject to sub-paragraph (3) below, the meter shall be installed as near as practicable to the [F2gas transporter’s] main, but within a building comprised in the premises.
(3)The meter may be installed otherwise than within a building comprised in the premises if it is installed either—
(a)in accommodation of a type and construction approved by the [F1gas transporter] by an approval given in relation to premises generally, or to any class or description of premises; or
(b)in a separate meter house or other accommodation outside a building comprised in the premises which is approved by the transporter in the case of those particular premises.
(4)If the requirements of this paragraph are not complied with, the [F1gas transporter] may refuse to connect or, as the case may be, disconnect the consumer’s premises.
F1Words in Sch. 2B para. 5 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
F2Words in Sch. 2B para. 5(2) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(2); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
6Where, in the case of any consumer, the [F1gas transporter] or a relevant gas supplier, for the purpose of meeting the needs of a disabled person—
(a)alters the position of any gas meter which is owned by the transporter or supplier and is lent or hired to the consumer; or
(b)replaces such a meter with one which has been specially adapted,
the transporter or supplier shall not charge the consumer for the alteration or replacement.
F1Words in Sch. 2B para. 6 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
F1Sch. 2B para. 6A and the cross-heading inserted (1.10.2001) by 2000 c. 27, s. 84(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
[ F16AA pre-payment meter installed by an authorised supplier on any premises shall not be used to recover any sum other than a sum owing to an authorised supplier in respect of the supply of gas to those premises or the provision of the meter.]
F1Sch. 2 para. 6A inserted (1.10.2001) by 2000 c. 27, s. 84(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
7(1)Sub-paragraphs (3) and (4) below apply where—
(a)a demand in writing is made by a gas supplier for the payment of any of the charges due to him from a consumer in respect of the supply of gas to [F1any premises of his (in this paragraph referred to as “the premises ”)]; and
(b)the consumer does not pay those charges within 28 days after the making of the demand.
[F2(2) Sub-paragraph (3) below also applies where—
(a)a request in writing is made by a gas supplier for the provision of a deposit by way of reasonable security for the payment of the charges due to him from a consumer in respect of the supply of gas to the consumer’s premises; and
(b) the consumer does not provide such a deposit, or agree to take his supply through a pre-payment meter, within 7 days after the making of the request.]
(3)If the supplier is a relevant supplier, he may, after giving not less than 7 days’ notice of his intention—
[F3(a)install a pre-payment meter on the premises in place of the existing meter; or
(b)cut off the supply to the premises by disconnecting the service pipe at the meter or by such other means as he thinks fit;
and the supplier may recover any expenses incurred in so doing from the consumer.]
(4)If—
(a)the supplier is not a relevant supplier but another supplier ( “the new supplier ”) is such a supplier; and
(b)the supplier has assigned to the new supplier his right to recover any of the charges due to him from the consumer,
sub-paragraph (3) above shall apply as if any reference to the supplier were a reference to the new supplier.
(5)The powers conferred by sub-paragraphs (3) and (4) above shall not be exercisable as respects any charges or deposit the amount of which is genuinely in dispute.
F1Words in Sch. 2B para. 7(1)(a) substituted (1.10.2001) by 2000 c. 27, s. 84(3)(a), S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F2Sch. 2B para. 7(2) shall cease to have effect (1.10.2001) by 2000 c. 27, s. 84(3)(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts 3-20) and is repealed (prosp.) by 2000 c. 27, ss. 108, 110(2), Sch. 8
F3Sch. 2B para. 7(3)(a)(b) substituted (1.10.2001) by 2000 c. 27, s. 84(3)(c); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
C1Sch. 2B para. 7(1)(3) modified (8.11.1995 with effect as mentioned by Sch. 5 Pt. II para. 24 of the amending Act) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 24; S.I. 1996/218, art. 2
8(1)Where a gas supplier supplies gas to a consumer otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the consumer for the supply of gas as from the time ( “the relevant time ”) when he began so to supply gas to the consumer.
(2)Where—
(a)the owner or occupier of any premises takes a supply of gas which has been conveyed to those premises by a [F1gas transporter] in pursuance of arrangements made with the transporter by a gas shipper, or by a person authorised to make the arrangements by an exemption granted under section 6A of this Act;
(b)that supply is not made by a gas supplier, or by a person authorised to make it by an exemption granted under section 6A of this Act or an exception contained in Schedule 2A to this Act; and
(c)a supply of gas so conveyed has been previously made by a gas supplier,
the owner or occupier shall be deemed to have contracted with the appropriate supplier for the supply of gas as from the time ( “the relevant time ”) when he began to take such a supply; but nothing in this sub-paragraph shall be taken to afford a defence in any criminal proceedings.
(3)In sub-paragraph (2) above “the appropriate supplier ” means—
(a)the gas supplier who previously supplied gas to the premises or, if more than one, the gas supplier who last supplied gas to the premises; or
(b)where that supplier’s licence has been assigned generally, or has been assigned so far as relating to the premises, the person to whom the licence was so assigned; or
(c)where that supplier’s licence has been revoked on his application, or has been so restricted on his application as to exclude the premises, the gas supplier with whom that supplier made arrangements for securing continuity of supply to the premises.
F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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(7)The express terms and conditions of a contract which, by virtue of sub-paragraph (1) or (2) above, is deemed to have been made shall be provided for by a scheme made under this paragraph.
(8)Each gas supplier shall make, and from time to time revise, a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (1) or (2) above, are to be deemed to have been made; [F3but this sub-paragraph shall not apply in any case where it is reasonably expected that neither of those sub-paragraphs will apply].
(9)The terms and conditions so determined may include terms and conditions for enabling the gas supplier to determine, in any case where the meter is not read immediately before the relevant time, the number of therms or kilowatt hours which are to be treated as supplied to the consumer, or taken by the owner or occupier of the premises, during the period beginning with the relevant time and ending with—
(a)the time when the meter is first read after the relevant time; or
(b)the time when the supplier ceases to supply gas to the consumer, or the owner or occupier ceases to take a supply of gas,
whichever is the earlier.
(10)A scheme under this paragraph may make different provisions for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme.
(11)As soon as practicable after a gas supplier makes a scheme under this paragraph, [F4or a revision of such a scheme], he shall—
(a)publish, in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it, a notice stating the effect of the scheme [F5or revision];
(b)send a copy of the scheme [F5or revision] to the Director and to the Council; and
(c)if so requested by any other person, send such a copy to that person without charge to him.
F1Words in Sch. 2B para. 8 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F2Sch. 2B para. 8(4)-(6) omitted (1.10.2001) by virtue of 2000 c. 27, s. 108, Sch. 6 Pt. I para. 23(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20) and are repealed (prosp.) by 2000 c. 27, ss. 108, 110(2), Sch. 8
F3Words in Sch. 2B para. 8(8) shall cease to have effect (1.10.2001) by virtue of 2000 c. 27, s. 108, Sch. 6 Pt. I para. 23(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20) and are repealed (prosp.) by 2000 c. 27, ss. 108, 110(2), Sch. 8
F4Words in Sch. 2B para. 11 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 23(c)(i); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F5Words in Sch. 2B para. 11(a)(b) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 23(c)(ii); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
9(1)Where any person takes a supply of gas which is in the course of being conveyed by a [F1gas transporter], the transporter shall be entitled to recover from that person the value of the gas so taken.
(2)Where—
(a)any person at premises which have been reconnected in contravention of paragraph 11(1) below takes a supply of gas which has been conveyed to those premises by the [F1gas transporter]; and
(b)the supply is taken otherwise than in pursuance of a contract made with a gas supplier, or deemed to have been made with such a supplier by virtue of paragraph 8 above or paragraph 19 of Schedule 5 to the Gas Act 1995,
the transporter shall be entitled to recover from that person the value of the gas so taken.
(3)Each [F1gas transporter] shall make, and from time to time revise, a scheme providing for the manner in which, and the persons by whom, the number of therms or kilowatt hours represented by a supply of gas taken in such circumstances as are mentioned in sub-paragraph (1) or (2) above is to be determined for the purposes of that sub-paragraph.
(4)Sub-paragraphs (10) and (11) of paragraph 8 above shall apply in relation to a scheme under this paragraph as they apply in relation to a scheme under that paragraph.
(5)In this paragraph—
“gas supplier ” includes a person authorised to supply gas by an exemption granted under section 6A of this Act or an exception contained in Schedule 2A to this Act;
“value ”, in relation to any gas taken in such circumstances as are mentioned in sub-paragraph (1) or (2) above, means the amount which, if the gas had been taken in such circumstances as are mentioned in sub-paragraph (2) of paragraph 8 above, could reasonably be expected to have been payable in respect of the gas under a contract deemed to have been made by virtue of that sub-paragraph.
F1Words in Sch. 2B para. 9 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
10(1)If any person intentionally or by culpable negligence—
(a)injures or allows to be injured any gas fitting provided by a [F1gas transporter] or gas supplier, or any service pipe by which any premises are connected to such a transporter’s main;
(b)alters the index to any meter used for measuring the quantity of gas conveyed or supplied by such a transporter or supplier; or
(c)prevents any such meter from duly registering the quantity of gas conveyed or supplied,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2)In the case of any offence under sub-paragraph (1) above, the transporter or supplier may disconnect the premises of, or cut off the supply of gas to, the person so offending.
(3)Where any person is prosecuted for an offence under sub-paragraph (1)(b) or (c) above, the possession by him of artificial means for causing an alteration of the index of the meter or, as the case may be, for preventing the meter from duly registering shall, if the meter was in his custody or under his control, be prima facie evidence that the alteration or prevention was intentionally caused by him.
F1Words in Sch. 2B para. 10 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
Gas Act 1986