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Restoration of supply without consent

11(1)Where a consumer’s premises have been disconnected by a [F1gas transporter], or a supply of gas to a consumer’s premises has been cut off by a gas supplier, otherwise than in the exercise of a power conferred by—

(a)paragraph 20, 21 or 22 below;

(b)regulations under section 18(2) or 18A(1) of this Act; or

(c)regulations under section 15 of the M1Health and Safety at Work etc. Act 1974 (health and safety regulations),

no person shall, without the relevant consent, reconnect the premises or restore the supply.

(2)If any person acts in contravention of sub-paragraph (1) above—

(a)he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; and

(b)the transporter or supplier may again disconnect the premises or, as the case may be, cut off the supply.

(3)In this paragraph “the relevant consent ” means—

(a)where the premises are reconnected, the consent of the [F1gas transporter] to whose main the reconnection is made;

(b)where the supply is restored, the consent of the supplier who cut off the supply, or the consent of a person who is or is about to become a relevant gas supplier.

Annotations:

Amendments (Textual)

F1Words in Sch. 2B para. 11 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)

Modifications etc. (not altering text)

C1Sch. 2B para. 11 modified (8.11.1995 with effect as mentioned in Sch. 5 Pt. II para. 26 of the amending Act) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 26; S.I. 1996/218, art. 2

Marginal Citations

M11974 c.37.

Failure to notify connection or disconnection of service pipe

12(1)No person shall connect any meter with a service pipe through which gas is conveyed to any premises by a [F1gas transporter], or disconnect any meter from any such pipe, unless he has given—

(a)in a case where gas is supplied to the premises by a relevant gas supplier whose name and address are known to him, to the supplier; and

(b)in any other case, to the transporter,

so that it is received by the supplier or transporter at least 48 hours before he does so, notice in the prescribed form of his intention to do so.

(2)Subject to sub-paragraph (3) below, a notice under sub-paragraph (1) above shall contain—

(a)details of the time and place of the proposed connection or disconnection; and

(b)such other information as may be prescribed.

(3)In so far as it is not reasonably practicable for a notice under sub-paragraph (1) above to contain any information required by sub-paragraph (2)(b) above, it shall be a sufficient compliance with that requirement if the information is given to the relevant gas supplier or, as the case may be, the [F1gas transporter] within 48 hours after the connection or disconnection is effected.

(4)If any person acts in contravention of this paragraph, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations:

Amendments (Textual)

F1Words in Sch. 2B para. 12 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)

Modifications etc. (not altering text)

C1Sch. 2B para. 12(1) extended (8.11.1995 with effect as mentioned in Sch. 5 Pt. II para. 27 of the amending Act) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 27; S.I. 1996/218, art. 2

Failure to notify disconnection of meter

13(1)Subject to sub-paragraph (2) below, this paragraph applies where any meter through which gas has been supplied to any premises is completely disconnected, that is to say, is disconnected both from the service pipe and from all other pipes within the premises.

(2)This paragraph does not apply where the meter—

(a)is disconnected for the purposes of an examination under section 17 of this Act or an inspection under paragraph 3(5) above; or

(b)is disconnected for a particular purpose (whether repair or repositioning of the meter, detection of a gas leak or otherwise) and is intended to be reconnected.

(3)Except in so far as it is not reasonably practicable for him to do so, the person making the disconnection shall—

(a)ascertain the name and address of the owner of the meter; and

(b)inform that owner of the disconnection and of the address at which the meter will be available for collection.

(4)If any person fails to comply with sub-paragraph (3) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Failure to maintain shipping arrangements

14(1)Where—

(a)any arrangements for the conveyance of gas by a [F1gas transporter] to a consumer’s premises at a rate reasonably expected to exceed 2,500 therms a year have been made by a gas shipper, or by a person authorised to make the arrangements by an exemption granted under section 6A of this Act; and

(b)those arrangements have ceased to operate and have not been replaced by arrangements made for the like purpose,

the transporter may, after giving 21 days’ notice to the relevant persons, disconnect the premises.

(2)The relevant persons for the purposes of sub-paragraph (1) above are—

(a)the occupier, or the owner of the premises if they are unoccupied; and

(b)any gas supplier who, to the knowledge of the transporter, has contracted to supply gas to the premises.

(3)The notice required to be given by sub-paragraphs (1) and (2)(a) above may, in the case of unoccupied premises the owner of which is unknown to the [F1gas transporter] and cannot be ascertained after diligent inquiry, be given by affixing it upon a conspicuous part of the premises.

Annotations:

Amendments (Textual)

F1Words in Sch. 2B para. 14 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)

Maintenance etc. of service pipes

15(1)A [F1gas transporter] shall carry out any necessary work of maintenance, repair or renewal of any service pipe by which gas is conveyed by him to a consumer’s premises, whether or not the service pipe was supplied and laid at the transporter’s expense.

(2)The cost of any work carried out in accordance with sub-paragraph (1) above shall be defrayed as follows—

(a)if the work was made necessary by any intentional act or culpable negligence of the consumer and the transporter so requires, by the consumer;

(b)in any other case, by the transporter.

Annotations:

Amendments (Textual)

F1Words in Sch. 2B para. 15 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)

Alterations etc. of burners on change of calorific value

16(1)This paragraph applies where there is a change in the properties of any gas which is conveyed by a [F1gas transporter] to a consumer’s premises at a rate not exceeding 75,000 therms a year.

(2)It shall be the duty of the public gas transporter to take without charge to the consumer such steps as may be necessary to alter, adjust or replace the burners in appliances at the premises which burn that gas in such manner as to secure that the gas can be burned with safety and efficiency.

Annotations:

Amendments (Textual)

F1Words in Sch. 2B para. 16 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)

Use of antifluctuators and valves

17(1)Where a consumer uses gas for working or supplying a compressor, that is to say—

(a)an engine, gas compressor or other similar apparatus; or

(b)any apparatus liable to produce in any main of the [F1gas transporter] a pressure less than atmospheric pressure,

he shall, if so required by the transporter by notice, fix in a suitable position and keep in use an appliance provided by him which will effectually prevent F2. . . inconvenience F2. . . being caused to persons by reason that he and they are supplied with gas conveyed through the same system.

(2)Where a consumer uses for or in connection with the consumption of gas—

(a)any air at high pressure ( “compressed air ”); or

(b)any gaseous substance not conveyed by the [F1gas transporter] ( “extraneous gas ”),

he shall, if so required [F3other than for the purpose of preventing danger]by the transporter by notice, fix in a suitable position and keep in use an appliance provided by him which will effectually prevent the admission of the compressed air or extraneous gas into the service pipe or into any main through which gas is conveyed by the transporter.

(3)Where a person is required by this paragraph to keep in use any appliance, he shall at his own expense keep it in proper order and repair, and repair, renew or replace it if it is not in proper order or repair.

(4)A consumer shall not be entitled to use a compressor, or any apparatus for using compressed air or extraneous gas, unless he has given to the [F1gas transporter] not less than 14 days’ notice of his intention to do so; but this sub-paragraph shall not apply to the use of any compressor or apparatus which was lawfully in use immediately before the appointed day.

(5)If a consumer makes default in complying with any provision of this paragraph [F4or regulation 38 of the Gas Safety (Installation and Use) Regulations 1998 or directions made thereunder], the [F1gas transporter] may disconnect the consumer’s premises.

(6)The [F1gas transporter] shall have power to disconnect, remove, test and replace any appliance which a consumer is required by this paragraph [F4or regulation 38 of the Gas Safety (Installation and Use) Regulations 1998 or directions made thereunder]to keep in use; and any expenses incurred by the transporter under this sub-paragraph shall, if the appliance is found in proper order and repair, be paid by the transporter, but otherwise shall be paid by the consumer.

Annotations:

Amendments (Textual)

F1Words in Sch. 2B para. 17 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. 17(1) deleted (31.10.1998) by S.I. 1998/2451, reg. 41(2)(a)

F3Words in Sch. 2B para. 17(2) added (31.10.1998) by S.I. 1998/2451, reg. 41(2)(b)

F4Words in Sch. 2B para. 17(5)(6) added (31.10.1998) by S.I. 1998/2451, reg. 41(2)(c)

Modifications etc. (not altering text)

C1Sch. 2B para. 17(1)(2) extended (8.11.1995 with effect as mentioned by Sch. 5 Pt. II para. 25 of the extending Act) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 25; S.I. 1996/218, art. 2

Improper use of gas

18If a consumer improperly uses or deals with gas so as to interfere with the efficient conveyance of gas by the [F1gas transporter] (whether to the consumer or to any other person), the transporter may, if he thinks fit, disconnect the consumer’s premises.

Annotations:

Amendments (Textual)

F1Words in Sch. 2B para. 18 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)

No obligation to restore supply where consumer in default

19(1)This paragraph applies where—

(a)a consumer’s premises have been disconnected by a [F1gas transporter] in pursuance of paragraph 2(2)(a), 3(2)(a), 5(4), 10(2), 11(2)(b), 14(1), 17(5) or 18 above; or

(b)a supply of gas to a consumer’s premises has been cut off by a gas supplier in pursuance of paragraph 2(2)(b), 3(2)(b), 7(3) or (4), 10(2) or 11(2)(b) above.

(2)The transporter or supplier shall not be under any obligation to reconnect the consumer’s premises or, as the case may be, resume the supply of gas to the consumer’s premises until the consumer either is no longer an owner or occupier of the premises or—

(a)has made good the default, or remedied the matter, in consequence of which the premises were disconnected or the supply was cut off; and

(b)has paid the reasonable expenses of disconnecting and reconnecting the premises or, as the case may be, of cutting off the supply and restoring the supply.

(3)In this paragraph “consumer ”, in relation to a disconnection or cutting off under paragraph 11(2)(b) above, means—

(a)the owner of the premises at the time when the reconnection was made, or the supply was restored, without the relevant consent—

(i)if the premises were unoccupied at that time, or

(ii)if that reconnection or restoration of supply was made by him or on his behalf; and

(b)the occupier of the premises at that time in any other case;

and in this sub-paragraph “relevant consent ” has the same meaning as in paragraph 11 above.

Annotations:

Amendments (Textual)

F1Words in Sch. 2B para. 19 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)

Notified escapes of gas

F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Amendments (Textual)

F1Sch. 2B para. 20 repealed (1.4.1996) by S.I. 1996/551, reg. 12(2)

Suspected escapes of gas

F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1Sch. 2B para. 21 repealed (1.4.1996) by S.I. 1996/551, reg. 12(2)

Entry for preventing escapes of gas etc

F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1Sch. 2B para. 22 repealed (8.1.1997) by S.I. 1996/3203, art. 2

Entry during continuance of supply

23(1)Any officer authorised by a [F1gas transporter] may at all reasonable times, on the production of some duly authenticated document showing his authority, enter a consumer’s premises for the purpose of—

(a)inspecting gas fittings;

(b)ascertaining the quantity of gas conveyed to the premises;

(c)exercising the power conferred on the transporter by paragraph 3(5) above;

(d)performing the duty imposed on the transporter by paragraph 15 or 16 above;

(e)exercising the power conferred on the transporter by paragraph 17(6) above; or

(f)in the case of premises where the transporter has reason to believe that a compressor or compressed air or extraneous gas is being used, inspecting the premises and ascertaining whether the provisions of paragraph 17 above are being complied with.

(2)Any officer authorised by a relevant gas supplier or relevant gas shipper may at all reasonable times, on the production of some duly authenticated document showing his authority, enter a consumer’s premises for the purpose of—

(a)inspecting gas fittings;

(b)ascertaining the quantity of gas supplied or conveyed to the premises; or

[F2(c)exercising a power conferred by paragraph 3(5) or 7(3)(a) (and testing gas fittings, and making any adjustments required for their safe operation, after the exercise of the power).]

(3)In this paragraph “compressor ”, “compressed air ” and “extraneous gas ” have the same meanings as in paragraph 17 above, and any reference to a relevant gas supplier or relevant gas shipper includes a reference to a person who has been or is about to become such a supplier or shipper.

Annotations:

Amendments (Textual)

F1Words in Sch. 2B para. 23 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)

F2Sch. 2B para. 23(2)(c) substituted (1.10.2001) by 2000 c. 27, s. 84(4); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)

Modifications etc. (not altering text)

C1Sch. 2B para. 23(1)(b) extended (8.11.1995 with effect as mentioned by Sch. 5 Pt. II para. 28(1) of the amending Act) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 28(1); S.I. 1996/218, art. 2

Entry on discontinuance of supply

24(1)This paragraph applies where—

(a)a [F1gas transporter] or gas supplier is authorised by any provision of this Act to disconnect any premises, or, as the case may be, to cut off or discontinue the supply of gas to any premises;

(b)a person occupying premises supplied with gas by a gas supplier ceases to require a supply of gas; or

(c)a person entering into occupation of any premises previously supplied with gas by a gas supplier does not take a supply of gas.

(2)Any officer authorised by the [F1gas transporter] or gas supplier, after 24 hours’ notice to the occupier, or to the owner of the premises if they are unoccupied, may at all reasonable times, on production of some duly authenticated document showing his authority, enter the premises for the purpose of—

(a)disconnecting the premises, or cutting off or discontinuing the supply of gas to the premises; or

(b)removing any meter or other gas fitting owned by the transporter or supplier.

(3)The notice required to be given by sub-paragraph (2) above may, in the case of unoccupied premises the owner of which is unknown to the [F1gas transporter] or gas supplier and cannot be ascertained after diligent inquiry, be given by affixing it upon a conspicuous part of the premises not less than 48 hours before the premises are entered.

Annotations:

Amendments (Textual)

F1Words in Sch. 2B para. 24 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)

Modifications etc. (not altering text)

C1Sch. 2B para. 24(2) extended (8.11.1995 with effect as mentioned by Sch. 5 Pt. II para. 28(3) of the amending Act) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 28(3); S.I. 1996/218, art. 2

Entry following discontinuance of supply

25(1)This paragraph applies where a consumer’s premises have been disconnected by a [F1gas transporter], or a supply of gas to a consumer’s premises has been cut off by a gas supplier, otherwise than in the exercise of a power conferred by—

(a)paragraph 20, 21 or 22 above;

(b)regulations under section 18(2) or 18A(1) of this Act; or

(c)regulations under section 15 of the M1Health and Safety at Work etc. Act 1974 (health and safety regulations).

(2)Any officer authorised by the [F1gas transporter] or gas supplier may at all reasonable times, on production of some duly authenticated document showing his authority, enter the premises for the purpose of ascertaining whether the premises have been reconnected, or the supply has been restored, without the relevant consent.

(3)In this paragraph “the relevant consent ” has the same meaning as in paragraph 11 above.

Annotations:

Amendments (Textual)

F1Words in Sch. 2B para. 25 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)

Modifications etc. (not altering text)

C1Sch. 2B para. 25 modified (8.11.1995 with effect as mentioned by Sch. 5 Pt. II para. 26 of the amending Act) by 1995 c. 45, s. 17(1), Sch. 5 Pt. II para. 26; S.I. 1996/218, art. 2

Marginal Citations

M11974 c. 37.

Entry for removing fittings and meters

26(1)This paragraph applies where—

(a)a person occupying premises supplied with gas through a meter or other gas fitting owned by a [F1gas transporter] or gas supplier ceases to take a supply through that meter or fitting; or

(b)a person entering into occupation of any premises previously supplied with gas through a meter or other gas fitting so owned does not take a supply of gas through that meter or fitting.

(2)Any officer authorised by the [F1gas transporter] or gas supplier, after 24 hours’ notice to the occupier, or to the owner of the premises if they are unoccupied, may at all reasonable times, on production of some duly authenticated document showing his authority, enter the premises for the purpose of removing the meter or other gas fitting.

(3)Sub-paragraph (3) of paragraph 24 above applies for the purposes of this paragraph as it applies for the purposes of that paragraph.

Annotations:

Amendments (Textual)

F1Words in Sch. 2B para. 26 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)