Office of Public Sector Information
SCHEDULE 2 continued
18 If a consumer improperly uses or deals with gas so as to interfere with the efficient conveyance of gas by the public gas transporter (whether to the consumer or to any other person), the transporter may, if he thinks fit, disconnect the consumer’s premises.
19 (1) This paragraph applies where—
(a) a consumer’s premises have been disconnected by a public gas 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.
20 (1) Where any gas escapes from any pipe of a public gas transporter, or from any pipe or other gas fitting used by a consumer to whose premises gas is conveyed by such a transporter, the transporter—
(a) shall, immediately after being informed of the escape, prevent the gas from escaping (whether by disconnecting any premises or otherwise); and
(b) shall take any other steps necessary to avert danger to life or property.
(2) If a public gas transporter—
(a) fails, within 12 hours after being so informed, effectually to prevent the gas from escaping; or
(b) fails to comply with sub-paragraph (1)(b) above,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In any proceedings for an offence under sub-paragraph (2)(a) above it shall be a defence for the public gas transporter to prove—
(a) that it was not reasonably practicable for him effectually to prevent the gas from escaping within the said period of 12 hours; and
(b) that he did effectually prevent the escape as soon as it was reasonably practicable for him to do so.
(4) In any proceedings for an offence under sub-paragraph (2)(b) above it shall be a defence for the public gas transporter to prove that he took all such steps to avert danger to life or property as were reasonably practicable.
(5) It shall be the duty of any public gas transporter, gas supplier or gas shipper to take any steps necessary to ensure that, if he is informed by any person (“the informant”) of an escape of gas (other than one, in the case of a transporter, that he is required by sub-paragraph (1) above to prevent), he passes the information on, without avoidable delay, either—
(a) to a responsible person, that is to say, a person appearing to him—
(i) to be responsible (whether under that sub-paragraph or otherwise) for preventing the escape; or
(ii) to be a public gas transporter within whose authorised area the gas is escaping; or
(b) to a nominated person, that is to say, a person nominated by a responsible person to receive information about escapes of gas on his behalf.
(6) There shall be a sufficient compliance with sub-paragraph (5) above if the transporter, supplier or shipper is satisfied that the informant—
(a) intends to pass the information on, without avoidable delay, to a nominated person; and
(b) is in a position to do so.
(7) References in sub-paragraphs (5) and (6) above to the passing on of information to a nominated person are references to the passing on of information to that person in such manner (if any) as may be specified by the responsible person by whom that person was nominated.
21 (1) Where a public gas transporter has reasonable cause to suspect that gas conveyed by him which has escaped has entered, or may enter any premises, the transporter shall take any steps necessary to avert danger to life or property.
(2) If a public gas transporter fails to comply with sub-paragraph (1) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In any proceedings for an offence under sub-paragraph (2) above it shall be a defence for the public gas transporter to prove that he took all such steps to avert danger to life or property as were reasonably practicable.
22 (1) Where a public gas transporter has reasonable cause to suspect—
(a) that gas conveyed by him is escaping, or may escape, in any premises; or
(b) that gas so conveyed which has escaped has entered, or may enter, any premises,
any officer authorised by the transporter may, on production of some duly authenticated document showing his authority, enter the premises, inspect the gas fittings, carry out any work necessary to prevent the escape and take any other steps necessary to avert danger to life or property.
(2) Where a public gas transporter has reasonable cause to suspect—
(a) that gas conveyed through pipes by some other person is escaping, or may escape, in any premises in an authorised area of his; or
(b) that gas so conveyed which has escaped has entered, or may enter, any premises in such an area,
any officer authorised by the transporter may, on production of some duly authenticated document showing his authority, enter the premises and take any steps necessary to avert danger to life or property.
(3) In this paragraph any reference to any officer authorised by a public gas transporter includes a reference to any officer authorised by another such transporter with whom the transporter has made arrangements for officers authorised by the other transporter to discharge any functions of the transporter under paragraphs 20 and 21 above.
23 (1) Any officer authorised by a public gas 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
(c) exercising the power conferred on the supplier or shipper by paragraph 3(5) above.
(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.
24 (1) This paragraph applies where—
(a) a public gas 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 public gas 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 public gas 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.
25 (1) This paragraph applies where a consumer’s premises have been disconnected by a public gas 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 [1974 c. 37.] Health and Safety at Work etc. Act 1974 (health and safety regulations).
(2) Any officer authorised by the public gas 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.
26 (1) This paragraph applies where—
(a) a person occupying premises supplied with gas through a meter or other gas fitting owned by a public gas 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 public gas 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.
27 (1) Any officer authorised by a public gas 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 public gas 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.
28 (1) No officer shall be authorised by a public gas 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 public gas 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 [1954 c. 21.] Rights 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.
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 public gas 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 “poinding” and the words “for the sequestration of the estate of”.”
Gas Act 1995