Gas Regulation Act 1995

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AT 7 of 1995

GAS REGULATION ACT 1995

Gas Regulation Act 1995 Index


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GAS REGULATION ACT 1995

Index Section Page

Supply of gas by public gas suppliers 5

1 General powers and duties............................................................................................ 5
2 Duty to supply certain premises ................................................................................... 5
3 Power to require security .............................................................................................. 7
4 Standard method of charge ........................................................................................... 8
5 Alternative method of charge ....................................................................................... 8
6 Fixing of tariffs ................................................................................................................ 9
7 Public gas supply code ................................................................................................. 10
Supply of gas by public gas suppliers and others 10

8 Standards of quality ..................................................................................................... 10
9 Meter testing and stamping ........................................................................................ 11
Investigation of complaints etc. 12

10 Power of Department to investigate .......................................................................... 12
Miscellaneous Functions 13

11 Fixing of maximum charges for reselling gas ........................................................... 13
12 Power to require information etc................................................................................ 13
Miscellaneous 14

13 General restrictions on disclosure of information .................................................... 14
14 Making of false statements etc .................................................................................... 15
Supplemental 15

15 Offences: bodies corporate .......................................................................................... 15
16 Provisions as to public documents ............................................................................. 16
17 Interpretation ................................................................................................................. 17
18 Repeals ........................................................................................................................... 18
19 Financial provisions ..................................................................................................... 18
20 Short title, commencement, transitional and saving ............................................... 18
SCHEDULE 1 19

POWER OF PUBLIC GAS SUPPLIERS TO BREAK UP STREETS, BRIDGES
ETC. 19
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SCHEDULE 2 19

PUBLIC GAS SUPPLY CODE 19
SCHEDULE 3 26

REPEAL OF ENACTMENTS 26
ENDNOTES 27

TABLE OF LEGISLATION HISTORY 27
TABLE OF RENUMBERED PROVISIONS 27
TABLE OF ENDNOTE REFERENCES 27

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c i e
GAS REGULATION ACT 1995

Received Royal Assent: 11 July 1995
Passed: 12 July 1995
Commenced: 1 May 2004
AN ACT
to make new provision with respect to the supply of gas through
pipes and certain related matters.
Supply of gas by public gas suppliers
1 General powers and duties

(1) It shall be the duty of a public gas supplier —
(a) to develop and maintain a safe, efficient, co- ordinated and
economical system of gas supply; and
(b) subject to paragraph (a), to comply, so far as it is economical to do
so, with any reasonable request for it to give a supply of gas to
any premises.
(2) It shall also be the duty of a public gas supplier to avoid any undue
preference in the supply of gas to persons entitled to a supply in
pursuance of section 2(1).
(3) Schedule 1 (which relates to the breaking up of streets and bridges by
such suppliers) shall have effect.
2 Duty to supply certain premises

(1) Subject to the provisions of this Act and any regulations made under
those provisions, a public gas supplier shall, on being required to do so
by the owner or occupier, give and continue to give a supply of gas to
any premises which —
(a) are situated within 25 metres from a relevant main of the supplier;
or
(b) are connected by a service pipe to any such main,
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and in the case of premises falling within paragraph (a), shall also
provide and lay any pipe that may be necessary for that purpose.
(2) Where any person requires a supply of gas in pursuance of
subsection (1), he shall serve on the public gas supplier a notice
specifying —
(a) the premises in respect of which the supply is required; and
(b) the day (not being earlier than a reasonable time after the service
of the notice) upon which the supply is required to commence.
(3) Where any pipe is provided and laid by a public gas supplier in
pursuance of subsection (1), the cost of providing and laying —
(a) so much of the pipe as is laid upon property owned or occupied
by the person requiring the supply, not being property dedicated
to public use; and
(b) so much of the pipe as is laid for a greater distance than 10 metres
from any pipe of the supplier, although not on such property as is
mentioned in paragraph (a),
shall, if the supplier so requires, be defrayed by that person.
(4) The Department of Infrastructure (in this Act referred to as ‘the
Department’) may make provision by regulations for entitling a public
gas supplier to require a person requiring a supply of gas in pursuance
of subsection (1) to pay to the supplier an amount in respect of the
expenses of the laying of the main used for the purpose of giving that
supply if —
(a) the supply is required within the prescribed period after the
laying of the main;
(b) a person, for the purpose of supplying whom the main was laid,
has made a payment to the supplier in respect of those expenses;
(c) the amount required does not exceed any amount paid in respect
of those expenses by such a person or by any person previously
required to make a payment under the regulations; and
(d) the supplier has not recovered those expenses in full.1

(5) Nothing in subsection (1) shall be taken as requiring a public gas
supplier to supply gas to any premises in excess of 2,500 therms, or such
other number of therms as may be prescribed, in any period of 12
months.
(6) Nothing in subsection (1) shall be taken as requiring a public gas
supplier to give or continue to give a supply of gas to any premises if —
(a) it is prevented from doing so by circumstances not within its
control; or
(b) circumstances exist by reason of which its doing so would or
might involve danger to the public, and it has taken all such steps
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as it was reasonable to take both to prevent the circumstances
from occurring and to prevent them from having that effect.
(7) Where any person requires a new or increased supply of gas in
pursuance of subsection (1) for purposes other than domestic use, and
the supply cannot be given without the laying of a new main, or the
enlarging of an existing main, or the construction or enlarging of any
other works required for the supply of gas by the public gas supplier, the
supplier may, if it thinks fit, refuse to give the supply unless that person
enters into a written contract with it.
3 Power to require security

(1) Where any person requires a supply of gas in pursuance of
section 2(1) —
(a) the public gas supplier may require that person to give it
reasonable security for the payment to it of all money which may
become due to it in respect of the supply or, where any pipe falls
to be provided and laid in pursuance of that section, the provision
and laying of the pipe; and
(b) if that person fails to give such security, the supplier may if it
thinks fit refuse to give the supply, or to provide and lay the pipe,
for so long as the failure continues.
(2) Where any person who requires a supply of gas in pursuance of
section 2(1) enters into such a contract as is mentioned in section 2(7) —
(a) the public gas supplier may require that person to give it
reasonable security for the payment to it of all money which may
become due to it under the contract; and
(b) if that person fails to give such security, the supplier may if it
thinks fit refuse to give the supply for so long as the failure
continues.
(3) Where any person has not given such security as is mentioned in
subsection (1) or (2), or the security given by any person has become
invalid or insufficient —
(a) the public gas supplier may by notice require that person within
14 days after the service of the notice, to give it reasonable
security for the payment of all money which may become due to it
in respect of the supply or, as the case may be, under the contract;
and
(b) if that person fails to give such security, the supplier may if it
thinks fit discontinue the supply for so long as the failure
continues.
(4) Where any money is deposited with a public gas supplier by way of
security in pursuance of this section, the supplier shall pay interest, at
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such rate as may from time to time be fixed by the supplier with the
approval of the Department on the amount so deposited for every 3
months during which it remains in the hands of the supplier.
4 Standard method of charge

(1) Subject to sections 5 and 6 below, a public gas supplier shall charge for
gas supplied by it according to the number of therms supplied, that
number being calculated in the prescribed manner on the basis of the
declared calorific value of the gas.
(2) In this Act —
“calorific value
”, in relation to any gas, means the number of megajoules
(gross) which would be produced by the combustion of one cubic metre
of the gas measured at a temperature of 15 degrees Centigrade and a
pressure of 1013.25 millibars and, if the Department so determines,
containing such an amount of water vapour as is specified in the
determination;
“declared calorific value
”, in relation to any gas supplied by a public gas
supplier, means calorific value declared by the supplier in accordance
with regulations under subsection (3).
(3) Regulations shall make provision —
(a) as to the time when, and the manner in which, the calorific value
of gas supplied by a public gas supplier is to be declared, and is to
be brought to the notice of consumers;
(b) as to the time when any such declaration is to take effect; and
(c) for the adjustment of charges for gas in cases where an alteration
of declared calorific value occurs in the course of a period for
which such charges are made.
5 Alternative method of charge

(1) If regulations under this section so provide, the number of therms
supplied by a public gas supplier by mains supply or by such other
means as may be specified in the regulations may, to such an extent as it
thinks fit, be calculated in the prescribed manner on the basis of actual
calorific values of the gas determined by the supplier in accordance with
the regulations; and a public gas supplier is a relevant supplier for the
purposes of this section in so far as the number of therms supplied by it
is so calculated.
(2) Regulations may make provision —
(a) for requiring determinations of actual calorific values of gas
supplied by relevant suppliers to be made at such places, at such
times and in such manner as the Department may direct;
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(b) for requiring such premises, apparatus and equipment as the
Department may direct to be provided and maintained by
relevant suppliers for the purpose of making such determinations;
(c) as to the manner in which calculations of the number of therms
supplied by relevant suppliers are to be made; and
(d) as to the manner in which the results of such determinations are,
and prescribed information with respect to the making of such
calculations is, to be made available to the public.
(3) The Department shall cause competent and impartial persons to carry
out tests of apparatus and equipment provided and maintained by
relevant suppliers in pursuance of regulations under this section for the
purpose of ascertaining whether they comply with the regulations.
(4) Regulations may make provision —
(a) for persons representing the relevant supplier concerned to be
present during the carrying out of such tests;
(b) for the manner in which the results of such tests are to be made
available to the public; and
(c) for conferring powers of entry on property of relevant suppliers
for the purpose of carrying out such tests and otherwise for the
purposes of this section.
(5) Every person who is a relevant supplier during any period shall pay to
the Department such fees as may be prescribed under the Fees and Duties
Act 1989 in respect of the testing of apparatus and equipment for the
purposes of this section.
6 Fixing of tariffs

(1) Subject to the following provisions of this section, the prices to be
charged by a public gas supplier for the supply of gas by it shall be in
accordance with such tariffs as may be fixed from time to time by it, and
those tariffs, which may relate to the supply of gas in different areas,
cases and circumstances, shall be so framed as to show the methods by
which and the principles on which the charges are to be made as well as
the prices which are to be charged, and shall be published in such
manner as in the opinion of the supplier will secure adequate publicity
for them.
(2) A tariff fixed by a public gas supplier under subsection (1) may include a
standing charge in addition to the charge for the actual gas supplied, and
may also include a rent or other charge in respect of any gas meter or
other gas fittings provided by the supplier on the premises of the
consumer.
(3) Invoices issued for the supply of gas by a public gas supplier shall
contain such information as may be required by regulations.
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(4) Notwithstanding anything in section 4 or 5 or the preceding provisions
of this section, a public gas supplier may enter into a special agreement
with any consumer for the supply of gas to him on such terms as may be
specified in the agreement if either —
(a) the tariffs in force are not appropriate owing to special
circumstances; or
(b) the agreement provides for a minimum supply of gas to any
premises in excess of 2,500 therms, or such other number of
therms as may be prescribed, in any period of 12 months.
(5) In this Act “tariff customer
” means a person who is supplied with gas by
a public gas supplier by mains supply or by such other means as may be
specified in regulations .
7 Public gas supply code

Schedule 2 (which relates to the supply of gas by public gas suppliers and
connected matters) shall have effect.
Supply of gas by public gas suppliers and others
8 Standards of quality

(1) The Department may prescribe standards of pressure, purity and
uniformity of calorific value to be complied with by public gas suppliers
in supplying gas, and may prescribe other standards with respect to the
properties, condition and composition of gas so supplied.
(2) The Department may prescribe standards of pressure and purity to be
complied with by persons (other than public gas suppliers) in supplying
gas, and may prescribe standards of uniformity of calorific value and
other standards with respect to the properties, condition and
composition of gas so supplied.
(3) Public gas suppliers shall cause competent and impartial persons
approved by the Department to carry out tests of gas supplied through
pipes for the purpose of ascertaining whether it conforms with the
standards prescribed under this section and whether it is of or above the
declared calorific value; and regulations shall make provision for the
approval by the Department of persons to carry out tests of gas under
this subsection.2

(4) Regulations may make provision —
(a) for requiring such tests to be carried out at such places as the
Department may direct;
(b) for requiring such premises, apparatus and equipment as the
Department may direct to be provided and maintained by persons
supplying gas through pipes (in the following provisions of this
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section referred to as gas suppliers) for the purpose of carrying
out such tests; and
(c) for the manner in which the results of such tests are to be made
available to the public.
(5) Any reference in this section to a person supplying gas does not include
a reference to —
(a) a person supplying, for use in a building or part of a building in
which he has an interest, gas supplied to the building by a public
gas supplier; and
(b) a person supplying in such other cases as may be specified in
regulations.
9 Meter testing and stamping

(1) No meter shall be used for the purpose of ascertaining the quantity of gas
supplied through pipes to any person unless it is stamped either by, or
on the authority of, a meter examiner authorised under this section or in
such other manner as may be authorised by regulations.
(2) Subject to subsections (3) and (4), it shall be the duty of a meter examiner,
on being required to do so by any person and on payment of such fee as
is prescribed under the Fees and Duties Act 1989, to examine any meter
used or intended to be used for ascertaining the quantity of gas supplied
to any person, and to stamp, or authorise the stamping of, that meter.
(3) A meter examiner shall not stamp, or authorise the stamping of, any
meter unless he is satisfied that it is of such pattern and construction and
is marked in such manner as is approved by the Department and that the
meter conforms with such standards as may be prescribed.
(4) A meter examiner may stamp, or authorise the stamping of, a meter
submitted to him, notwithstanding that he has not himself examined it,
if —
(a) the meter was manufactured or repaired by the person submitting
it;
(b) that person has obtained the consent of the Department to the
submission; and
(c) any conditions subject to which the consent was given have been
satisfied.
(5) The Department shall authorise competent and impartial persons as
meter examiners for the purposes of this section.
(6) Regulations may make provision —
(a) for re-examining meters already stamped, and for the cancellation
of stamps in the case of meters which no longer conform with the
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prescribed standards and in such other circumstances as may be
prescribed;
(b) for requiring meters to be periodically overhauled; and
(c) for the revocation of any approval given by the Department to
any particular pattern or construction of meter, and for requiring
existing meters of that pattern or construction to be replaced
within such period as may be prescribed.
(7) If any person supplies gas through a meter which has not been stamped
under this section, he shall be guilty of an offence and liable on summary
conviction to a fine not exceeding £2,500.
(8) Where the commission by any person of an offence under subsection (7)
is due to the act or default of some other person, that other person shall
be guilty of the offence; and a person may be charged with and convicted
of the offence by virtue of this subsection whether or not proceedings are
taken against the first-mentioned person.
(9) In any proceedings for an offence under subsection (7) it shall be a
defence for the person charged to prove that he took all reasonable steps
and exercised all due diligence to avoid committing the offence.
(10) The preceding provisions of this section shall not have effect in relation
to the supply of gas to a person under any agreement providing for the
quantity of gas supplied to him to be ascertained by a meter designed for
rates of flow which, if measured at a temperature of 15 degrees
Centigrade and a pressure of 1013.25 millibars, would exceed 1600 cubic
metres an hour.
Investigation of complaints etc.
10 Power of Department to investigate

(1) The Department shall have power to investigate any matter which —
(a) appears to it to be a matter to which subsection (2) applies; and
(b) is the subject of a representation (other than one appearing to the
Department to be frivolous) made to the Department by or on
behalf of a person appearing to the Department to have an
interest in that matter.
(2) This subsection applies to —
(a) any matter relating to the design, manufacture, importation or
supply (whether by sale, hire or loan or otherwise) of gas fittings
used or intended to be used by persons supplied with gas by
public gas suppliers;
(b) any matter relating to the installation, maintenance or inspection
of gas fittings used or intended to be used by such persons; and
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(c) any other matter relating to, or to anything connected with, the
use by such persons of gas supplied by such a supplier or the use
of such fittings.
(3) Where the Department has investigated any matter under this section, it
may prepare a report on that matter and (subject to section 13) shall send
a copy of any such report to such (if any) of the following persons as it
thinks appropriate —
(a) any person to whom the report refers or who (whether or not he
has made a representation to the Department) appears to the
Department to have an interest in the matter to which the report
relates;
(b) any person who appears to the Department to be affected by or
interested in that matter;
(c) any person who appears to the Department to be a person who
ought to take account of the report in determining how to act in
relation to that matter.
Miscellaneous Functions
11 Fixing of maximum charges for reselling gas

(1) The Department shall fix the maximum prices at which gas supplied by
public gas suppliers may be resold, and shall publish the prices so fixed
in such manner as in its opinion will secure adequate publicity for those
prices.
(2) Before exercising its powers under subsection (1), the Department shall
consult the public gas suppliers in the Island.
(3) Different prices may be fixed under this section in different classes of
cases which may be defined by reference to areas, tariffs applicable to gas
supplied by the suppliers or any other relevant circumstances.
(4) If any person resells any gas supplied by a public gas supplier at a price
exceeding the maximum price fixed under this section and applicable
thereto, the amount of the excess shall be recoverable by the person to
whom the gas was resold.
12 Power to require information etc

(1) Where it appears to the Department that a public gas supplier may be
contravening, or may have contravened, any provision of this Act or any
public document under this Act, the Department may, in relation to any
matter, by notice —
(a) require any person to produce, at a time and place specified in the
notice, to the Department or to any person appointed by it for the
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purpose, any documents which are specified or described in the
notice and are in that person’s custody or under his control; or
(b) require any person carrying on any business to furnish to the
Department such information as may be specified or described in
the notice, and specify the time, the manner and the form in
which any such information is to be furnished;
but no person shall be compelled for any such purpose to produce any
documents which he could not be compelled to produce in civil
proceedings before the court or, in complying with any requirement for
the furnishing of information, to give any information which he could
not be compelled to give in evidence in such proceedings.
(2) A person who, without reasonable excuse, fails to do anything duly
required of him by a notice under subsection (1) shall be guilty of an
offence and liable on summary conviction to a fine not exceeding £5,000.
(3) A person who intentionally alters, suppresses or destroys any document
which he has been required by any such notice to produce shall be guilty
of an offence and liable —
(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information, to a fine.
(4) If a person makes default in complying with a notice under
subsection (1), the High Court may, on the application of the Department
make such order as the Court thinks fit for requiring the default to be
made good; and any such order may provide that all the costs or
expenses of and incidental to the application shall be borne by the person
in default or by any officers of a company or other association who are
responsible for its default.
Miscellaneous
13 General restrictions on disclosure of information

(1) Subject to the provisions of this section, no information with respect to
any particular business which —
(a) has been obtained under or by virtue of the provisions of this Act;
and
(b) relates to the affairs of any individual or to any particular
business, shall, during the lifetime of that individual or so long as
that business continues to be carried on, be disclosed without the
consent of that individual or the person for the time being
carrying on that business.
(2) Subsection (1) does not apply to any disclosure of information which is
made —
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(a) for the purpose of facilitating the performance of any functions of
the Council of Ministers or any Department;
(b) in connection with the investigation of any criminal offence or for
the purposes of any criminal proceedings;
(c) for the purposes of any civil proceedings brought under or by
virtue of this Act; or
(d) for the purposes of proceedings under any of the enactments
specified in subsection (3).
(3) The enactments referred to in subsection (2)(d) are —
(a) the Consumer Protection (Trades Description) Act 1970;
(b) the Consumer Protection Act 1991.
(4) Nothing in subsection (1) above shall be construed as preventing the
publication of matters which are available to the public from other
sources.
(5) Any person who discloses any information in contravention of this
section shall be guilty of an offence and liable —
(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information, to imprisonment for term not
exceeding 2 years or to a fine or to both.
(6) In any proceedings for an offence under subsection (5) it shall be a
defence for the person charged to prove that he took all reasonable steps
and exercised all due diligence to avoid committing the offence.
14 Making of false statements etc

If any person, in giving any information or making any application for the
purposes of any provision of this Act, or of any public document made under
any provision of this Act, makes any statement which he knows to be false in a
material particular, or recklessly makes any statement which is false in a
material particular, he shall be guilty of an offence and liable —
(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information, to a fine.
Supplemental
15 Offences: bodies corporate

(1) Where a body corporate is guilty of an offence under this Act and that
offence is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any
director, manager, secretary or other similar officer of the body corporate
or any person who was purporting to act in any such capacity he, as well
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as the body corporate, shall be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members,
subsection (1) shall apply in relation to the acts and defaults of a member
in connection with his functions of management as if he were a director
of the body corporate.
16 Provisions as to public documents

(1) Regulations made under any provision of this Act may provide for the
determination of questions of fact or of law which may arise in giving
effect to the regulations and for regulating (otherwise than in relation to
any court proceedings) any matters relating to the practice and
procedure to be followed in connection with the determination of such
questions, including provision —
(a) as to the mode of proof of any matter;
(b) as to parties and their representation;
(c) for the right to appear and be heard of the Department and other
authorities; and3

(d) as to awarding costs of proceedings for the determination of such
questions, determining the amount thereof and the enforcement
of awards thereof.
(2) Regulations made under any provision of this Act which prescribe a
period within which things are to be done may provide for extending the
period so prescribed.
(3) Regulations may be made by the Department requiring public gas
suppliers to deposit with the emergency fire services and such other
persons as may be specified —
(a) copies of plans indicating the location of such pipes, works and
installations as may be specified; and
(b) where changes are made to such pipes, works and installations,
copies of plans indicating such changes,
and it shall be the duty of a public gas supplier to comply with such
regulations.
(4) Regulations made under any provision of this Act may —
(a) make different provision for different areas; and
(b) make such supplementary, incidental or transitional provision,
as the Department considers necessary or expedient.
(5) Regulations made under any provision of this Act may provide that any
person contravening the regulations shall be guilty of an offence and
liable on summary conviction to a fine not exceeding £5,000
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(6) In any proceedings against any person for an offence under any
regulations made under any provision of this Act, it shall be a defence
for that person to show —
(a) that he was prevented from complying with the regulations by
circumstances not within his control; or
(b) that circumstances existed by reason of which compliance with
the regulations would or might have involved danger to the
public and that he took all such steps as it was reasonable for him
to take both to prevent the circumstances from occurring and to
prevent them from having that effect.
(7) Before making any regulations under this Act the Department shall
consult with such public gas suppliers as the Department considers
likely to be affected by the regulations.
(8) Any public document made under this Act (with the exception of an
order under section 20) shall be laid before Tynwald as soon as
practicable after it is made and if Tynwald fails to approve the public
document at the sitting at which it is laid or at the next following sitting,
the public document shall cease to have effect.
17 Interpretation

(1) In this Act —
“calorific value
” has the meaning given by section 4(2);
“declared calorific value
” has the meaning given by section 4(2);
“the Department
” has the meaning given by section 2(4);
“gas
” means —
(a) any substance in a gaseous state which consists wholly or
mainly of —
(i) methane, ethane, propane, butane, hydrogen or carbon
monoxide;
(ii) a mixture of two or more of those gases; or
(iii) a combustible mixture of one or more of those gases and
air; and
(b) any other substance in a gaseous state which is gaseous at a
temperature of 15 degrees Centigrade and a pressure of 1013.25
millibars and is specified in an order made by the Department;
“gas fittings
” means gas pipes and meters, and fittings, apparatus and
appliances designed for use by consumers of gas for heating, lighting,
motive power and other purposes for which gas can be used;
“information
”, except in relation to mode of trial, includes accounts, estimates
and returns;
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“notice
” means notice in writing;
“prescribed
” means prescribed by regulations;
“public gas supplier
” means a person who supplies gas through pipes to
premises in the Island;
“regulations
” means regulations made by the Department;4

“subsidiary
” has the same meaning as in the Companies Act 1974;
“tariff customer
” has the meaning given by section 6(5);
“therm
” means 105.506 megajoules.
(2) In this Act, references to the supply of gas do not include references —
(a) to the supply of gas (directly or indirectly) to a public gas
supplier;
(b) to the supply of gas by a company to any subsidiary or holding
company of that company, or to any subsidiary of a holding
company of that company; or
(c) to the supply of gas in such other circumstances as may be
specified in regulations.
18 Repeals

The enactments mentioned in Schedule 3 are repealed to the extent specified in
column 3 of that Schedule.
19 Financial provisions

There shall be paid out of money provided by Tynwald any expenses incurred
by the Department in consequence of the provisions of this Act and any increase
attributable to this Act in the sums payable out of money so provided under any
other Act.
20 Short title, commencement, transitional and saving

(1) This Act may be cited as the Gas Regulation Act 1995.
(2) This Act shall come into operation on such day as the Department may,
with the concurrence of the Treasury, by order prescribe and different
days may be so prescribed for different purposes and different
provisions.5

(3) An order under subsection (2) may contain such transitional and saving
provisions as the Department thinks necessary.
Gas Regulation Act 1995 Schedule 1



c AT 7 of 1995 Page 19

SCHEDULE 1

POWER OF PUBLIC GAS SUPPLIERS TO BREAK UP STREETS,

BRIDGES ETC.

Section 1(3)
1. The powers conferred by this Schedule are subject to the provisions of Schedule
4 to the Highways Act 1986.
2. (1) A public gas supplier may undertake any kind of roadworks (as defined
in that Schedule) for the purpose of its functions.
(2) A public gas supplier shall do as little damage as possible in the exercise
of the powers conferred by this paragraph and shall make compensation for any
damage done in the exercise of those powers.
3. The powers of a public gas supplier under paragraph 2 shall include power to
erect in any highway one or more structures for housing any apparatus.
4. (1) Subject to sub-paragraph (2), nothing in paragraph 2 shall empower a
public gas supplier to lay down or place any pipe or other works into, through or
against any building, or in any land not dedicated to the public use.
(2) A public gas supplier may exercise the powers conferred by paragraph 2
in relation to any street which has been laid out but not dedicated to the public use for
the purpose of giving a supply of gas to any premises which abut on the street.
5. In this Schedule, ‘street
’ includes any square, court, alley, highway, road, lane,
thoroughfare, or public passage or place.
SCHEDULE 2

PUBLIC GAS SUPPLY CODE

Section 7
PART I – SUPPLY OF GAS TO TARIFF CUSTOMERS

Maintenance etc. of service pipes
1. A public gas supplier shall carry out any necessary work of maintenance, repair
or renewal of any service pipe —
(a) by which a tariff customer is supplied with gas; and
(b) which was provided and laid otherwise than at the expense of the
supplier or a predecessor of it,
Schedule 2
Gas Regulation Act 1995


Page 20 AT 7 of 1995 c

and may recover the expenses reasonably incurred in so doing from the customer.
Installation of meters in new premises
2. (1) This paragraph applies where a meter is to be used to register the
quantity of gas supplied to a tariff customer and —
(a) the building has not previously been supplied with gas by the
public gas supplier; or
(b) a new or substituted pipe is to be laid between the public gas
supplier’s main and the meter.
(2) Subject to sub-paragraph (3), the meter shall be installed as near as
practicable to the main, but within the outside wall of the building.
(3) The meter may be installed otherwise than within the outside wall of the
building if it is installed either —
(a) in accommodation of a type and construction approved by the
public gas supplier by an approval given in relation to buildings
generally, or to any class or description of buildings; or
(b) in a separate meter house or other accommodation outside the
building approved by the supplier in the case of that particular
building.
(4) If the requirements of this paragraph are not complied with, the public
gas supplier may refuse to supply gas to the premises until those requirements have
been complied with.
Recovery of charges etc
3. (1) A public gas supplier may recover from a tariff customer any charges
due to it in respect of the agreed supply of gas, or in respect of the agreed supplying
and fixing of any meter or fittings.
(2) If a tariff customer quits any premises at which gas has been supplied to
him through a meter by a public gas supplier without giving notice thereof to the
supplier so that it is received by the supplier at least twenty-four hours before he quits
the premises, he shall be liable to pay the supplier all charges in respect of the supply
of gas to the premises accruing due up to whichever of the following first occurs,
namely —
(a) the twenty-eighth day after he gives such notice to the supplier;
(b) the next day on which the register of the meter falls to be
ascertained; and
(c) the day from which any subsequent occupier of the premises
requires the supplier to supply gas to the premises.
(3) Sub-paragraph (2), or a statement of the effect thereof, shall be endorsed
upon every demand note for gas charges payable to a public gas supplier by a tariff
customer.
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c AT 7 of 1995 Page 21

(4) If a tariff customer quits any premises at which gas has been supplied to
him by a public gas supplier without paying any amount due from him by way of
charges in respect of the supply, the supplier —
(a) may refuse to furnish him with a supply of gas at any other
premises until he pays the amount so due; but
(b) shall not be entitled to require payment of that amount from the
next occupier of the premises.
(5) If a tariff customer has not, after the expiry of 28 days from the making of
a demand in writing by a public gas supplier for payment thereof, paid the charges
due from him in respect of the supply of gas by the supplier to any premises, the
supplier, after the expiration of not less than seven days’ notice of its intention may —
(a) cut off the supply to the premises by disconnecting the service
pipe at the meter (whether the pipe belongs to the supplier or not)
or by such other means as it thinks fit; and
(b) recover any expenses incurred in so doing from the customer.
(6) Where a public gas supplier has cut off the supply of gas to any premises
in consequence of any default on the part of a tariff customer, the supplier shall not be
under any obligation to resume the supply of gas to the customer so in default until he
has made good the default and paid the reasonable expenses of re-connecting the
supply.
PART II – SUPPLY OF GAS TO TARIFF CUSTOMERS AND OTHERS

Use of anti-fluctuators and valves
4. (1) Where a person supplied with gas by a public gas supplier uses the gas
for working or supplying an engine, gas compressor or other similar apparatus or any
apparatus liable to produce in any main of the supplier a pressure less than
atmospheric pressure (any such engine, compressor or apparatus being in this
paragraph referred to as a ‘compressor’), he shall, if so required by the supplier by
notice, fix in a suitable position and keep in use an appliance provided by it which will
effectually prevent pressure fluctuation in the supply mains and any other
inconvenience or danger being caused to other consumers of gas by reason that he and
they are supplied with gas from the same source.
(2) Where a person supplied with gas by a public gas supplier uses for or in
connection with the consumption of the gas so supplied any air at high pressure (in
this paragraph referred to as ‘compressed air’) or any gaseous substance not supplied
by the supplier (in this paragraph referred to as ‘extraneous gas’), he shall, if so
required by the supplier by notice, fix in a suitable position and keep in use an
appliance provided by it 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 supplied by the supplier.
Schedule 2
Gas Regulation Act 1995


Page 22 AT 7 of 1995 c

(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 person supplied with gas by a public gas supplier shall not be entitled
to use a compressor, or any apparatus for using compressed air or extraneous gas,
unless he has given to the supplier 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 any person makes default in complying with any provision of this
paragraph, the public gas supplier may cut off the supply of gas to him and shall not
be required to resume the supply until the default has been remedied to its reasonable
satisfaction.
(6) A public gas supplier shall, as soon as is practicable after any person is
first supplied with gas by it, give to that person notice of the effect of the preceding
provisions of this paragraph.
(7) A public gas supplier shall have power to disconnect, remove, test and
replace any appliance which any person supplied with gas by it is required by this
paragraph to keep in use, and any expenses incurred by the supplier under this sub-
paragraph shall, if the appliance is found in proper order and repair, be paid by the
supplier but otherwise shall be paid by that person.
Improper use of gas
5. If any person supplied with gas by a public gas supplier improperly uses or
deals with the gas so as to interfere with the efficient supply of gas by the supplier
(whether to that person or to any other person), the supplier may, if it thinks fit,
discontinue the supply of gas to that person.
Injury to gas fittings and interference with meters
6. (1) If any person intentionally or by culpable negligence —
(a) injures or allows to be injured any gas fitting belonging to a public
gas supplier;
(b) alters the index to any meter used for measuring the quantity of
gas supplied by such a supplier; or
(c) prevents any such meter from duly registering the quantity of gas
supplied,
he shall be guilty of an offence and liable on summary conviction to a fine not
exceeding £1,000.
(2) If an offence under sub-paragraph (1) involves any injury to or
interference with any gas fittings belonging to a public gas supplier, the supplier may
also, until the matter has been remedied, but not longer, discontinue the supply of gas
to the person so offending (notwithstanding any contract previously existing).
Gas Regulation Act 1995 Schedule 2



c AT 7 of 1995 Page 23

(3) Where any person is prosecuted for an offence under sub-
paragraph (1)(b) or (c), the possession by him of artificial means for causing an
alteration of the index of the meter or, as the case may be, the prevention of 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.
Restoration of supply without consent
7. (1) Where a supply of gas to any premises has been cut off by a public gas
supplier no person shall, without the consent of the supplier, restore the supply.
(2) If any person acts in contravention of sub-paragraph (1), he shall be
guilty of an offence and liable on summary conviction to a fine not exceeding £1,000
and the supplier may again cut off the supply.
Failure to notify connection or disconnection of service pipe
8. (1) No person shall connect any meter with a service pipe through which
gas is supplied by a public gas supplier, or disconnect any meter from any such pipe,
unless he has given to the supplier, so that it is received by the supplier at least 24
hours before he does so, notice of his intention to do so, specifying the time and place
of the proposed connection or disconnection.
(2) If any person acts in contravention of sub- paragraph (1), he shall be
guilty of an offence and liable on summary conviction to a fine not exceeding £500.
Prevention of escapes of gas
9. (1) Where any gas escapes from any pipe of a public gas supplier, or from
any pipe or other gas fittings used by a person supplied with gas by a public gas
supplier, the supplier shall immediately after being informed of the escape, prevent the
gas from escaping (whether by cutting off the supply of gas to any premises or
otherwise).
(2) If a public gas supplier fails within 12 hours from being so informed
effectually to prevent the gas from escaping, it shall be guilty of an offence and liable
on summary conviction to a fine not exceeding £1,000.
(3) In any proceedings for an offence under sub-paragraph (2) it shall be a
defence for the public gas supplier to prove that it was not reasonably practicable for it
effectually to prevent the gas from escaping within the said period of 12 hours, and
that it did effectually prevent the escape as soon as it was reasonably practicable for it
to do so.
(4) Where a public gas supplier has reasonable cause to suspect that gas
supplied by it is escaping, or may escape, in any premises, any officer authorised by
the supplier 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.
Schedule 2
Gas Regulation Act 1995


Page 24 AT 7 of 1995 c

(5) Where a public gas supplier has reasonable cause to suspect that gas
supplied or conveyed by it which has escaped has entered, or may enter any premises,
any officer authorised by the supplier 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.
Information as to escapes of gas
10. It shall be the duty of a public gas supplier to take such steps as are necessary to
ensure that, if it is informed of an escape of gas that it is not required by paragraph 9 to
prevent, it passes the information on, as soon as reasonably practicable-
(a) to the person who appears to the public gas supplier to be
responsible (whether under that paragraph or otherwise) for
preventing the escape; or
(b) in the case of an escape occurring in the authorised area of
another public gas supplier, to that other public gas supplier.
Entry during continuance of supply
11. (1) Any officer authorised by a public gas supplier may at all reasonable
times, on the production of some duly authenticated document showing his authority,
enter any premises in which there is a service pipe connected with a gas main of the
supplier for the purpose of —
(a) inspecting gas fittings;
(b) ascertaining the quantity of gas supplied;
(c) performing the duty imposed on the supplier by paragraph 1;
(d) exercising the power conferred on the supplier by paragraph 4(7);
or
(e) in the case of premises where the supplier 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 4 are being complied with.
(2) Paragraphs (a) and (b) of sub-paragraph (1) do not apply where the
consumer has applied in writing to the supplier for the supplier to disconnect the
service pipe and cease to supply gas to the premises and the supplier has failed to do
so within a reasonable time.
(3) In this paragraph ‘compressor’, ‘compressed air’ and ‘extraneous gas’
have the same meanings as in paragraph 4.
12. (1) Where —
(a) a public gas supplier is authorised by any provision of this Act
(including any such provision as applied by such an agreement as
is mentioned in section 6(4)) to cut off or discontinue the supply of
gas to any premises;
Gas Regulation Act 1995 Schedule 2



c AT 7 of 1995 Page 25

(b) a person occupying premises supplied with gas by a public gas
supplier ceases to require such a supply;
(c) a person entering into occupation of any premises previously
supplied with gas by a public gas supplier does not take a supply
of gas from the supplier; or
(d) a person entering into occupation of any premises previously
supplied does not hire or borrow that meter,
any officer authorised by the supplier, after 24 hours’ notice to the occupier, or to the
owner or lessee 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 any gas fittings.
(2) The notice required to be given by sub-paragraph (1) may, in the case of
unoccupied premises the owner or lessee of which is unknown to the 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.
Entry for replacing, repairing or altering pipes
13. (1) Any officer authorised by a public gas supplier, after 7 clear days’ notice
to the occupier of any premises, or to the owner or lessee 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) may, in the case of
unoccupied premises the owner or lessee of which is unknown to the supplier 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) without the notice required to be given by that sub-
paragraph, but the notice shall then be given as soon as possible after the occurrence of
the emergency.
Provisions as to powers of entry
14. (1) Where in pursuance of any powers of entry conferred by this Part, entry
is made on any premises by an officer authorised by a public gas supplier —
(a) the officer shall ensure that the premises are left no less secure by
reason of the entry; and
(b) the supplier 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.
Schedule 3
Gas Regulation Act 1995


Page 26 AT 7 of 1995 c

(2) Any officer exercising powers of entry conferred by this Part of 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 (1).
(3) If any person intentionally obstructs any officer exercising powers of
entry conferred by this Part of this Schedule, he shall be guilty of an offence and liable
on summary conviction to a fine not exceeding £1,000.
(4) No power of entry conferred by this Part shall be exercised without the
authority of a warrant issued by a justice of the peace (except in case of emergency).
Gas fittings not to be subject to distress
15. (1) Any gas fittings let for hire or lent to a consumer by a public gas supplier
and marked or impressed with a sufficient mark or brand indicating the supplier as the
owner thereof —
(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 they may be; and
(b) shall not be deemed to be landlord’s fixtures, notwithstanding
that they may be fixed or fastened to any part of the premises in
which they may be situated.
SCHEDULE 3

REPEAL OF ENACTMENTS

Section 18
[Sch 3 repeals the following Acts wholly —
Douglas Gas Act 1835
Joint Stock Companies’ Clauses Act
Gas Regulation Act 1927
Gas Regulation Amendment Act 1931
Gas Regulation Act 1963
and the following Acts in part —
Statute Law Revision Act 1982
Gas Undertakings Act 1985
Treasury Act 1985
Fines Act 1986
Statute Law Revision Act 1989
Civil Service Act 1990
High Court Act 1991
Transfer of Governor’s Functions Act 1992.]
Gas Regulation Act 1995 Endnotes


c AT 7 of 1995 Page 27

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (4) amended by SD155/10 Sch 5. 2
Subs (3) amended by Gas and Electricity Act 2003 s 3. 3
Para (c) amended by SD155/10 Sch 5. 4
Definition of ‘regulations’ amended by SD155/10 Sch 5. 5
ADO (provisions lending power to make public documents) 17/3/2004; (whole Act
fully operative) 1/5/2004 (SD214/04).