Office of Public Sector Information

Entry for replacing, repairing or altering pipes

27(1)Any officer authorised by a [F1gas transporter], after 7 clear days’ notice to the occupier of any premises, or to the owner of any premises which 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)placing a new pipe in the place of any existing pipe which has already been lawfully placed; or

(b)repairing or altering any such existing pipe.

(2)The notice required to be given by sub-paragraph (1) 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.

(3)In cases of emergency arising from defects in any pipes entry may be made under sub-paragraph (1) above without the notice required to be given by that sub-paragraph, but notice of the entry and the justification for it shall then be given as soon as possible after the occurrence of the emergency.

Provisions as to powers of entry

28(1)No officer shall be authorised by a [F1gas transporter], gas supplier or gas shipper to exercise any powers of entry conferred by this Schedule unless—

(a)the transporter, supplier or shipper has taken all reasonable steps to ensure that he is a fit and proper person to exercise those powers; or

(b)in cases of emergency, those powers are powers conferred by paragraph 22 above.

(2)Where in pursuance of any powers of entry conferred by this Schedule, entry is made on any premises by an officer authorised by a [F1gas transporter], gas supplier or gas shipper—

(a)the officer shall ensure that the premises are left no less secure by reason of the entry; and

(b)the transporter, supplier or shipper shall make good, or pay compensation for, any damage caused by the officer, or by any person accompanying him in entering the premises, in taking any action therein authorised by this Schedule, or in making the premises secure.

(3)Any officer exercising powers of entry conferred by this Schedule may be accompanied by such persons as may be necessary or expedient for the purpose for which the entry is made, or for the purposes of sub-paragraph (2) above.

(4)If any person intentionally obstructs any officer exercising powers of entry conferred by this Schedule, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)The M1Rights of Entry (Gas and Electricity Boards) Act 1954 (entry under a justice’s warrant) shall apply in relation to any powers of entry conferred by this Schedule.

Gas meters and fittings not to be subject to distress

29(1)Any gas meter which is connected to a service pipe, and any gas fitting in a consumer’s premises which is owned by a [F1gas transporter] or gas supplier and is marked or impressed with a sufficient mark or brand indicating its owner—

(a)shall not be subject to distress or be liable to be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession it may be; and

(b)shall be deemed not to be a landlord’s fixture, notwithstanding that it may be fixed or fastened to any part of the premises in which it may be situated.

(2)In the application of sub-paragraph (1)(a) above to Scotland, for the word “distress ” and the words “in bankruptcy against ” there shall be substituted respectively the word [F2attachment] and the words “for the sequestration of the estate of ”.