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Gas Act 1995

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Introductory Text

Introductory

1. General duties under 1986 Act.
2. Duties under 1986 Act with respect to safety.

Licensing of activities relating to gas

3. Prohibition on unlicensed activities.
4. Exemptions from prohibition.
5. Licensing of public gas transporters.
6. Licensing of gas suppliers and gas shippers.
7. Licences: general.
8. Standard conditions of licences.

Miscellaneous

9. The gas code.
10. Other amendments of Part I of 1986 Act.
11. Amendments of Part III of 1986 Act. 1976 c.34.
12. Acquisition of rights to use gas processing facilities.

Supplemental

13. Duty of Director to advise etc.
14. Financial provisions.
15. Interpretation.
16. Minor and consequential amendments.
17. Transitional provisions, savings and repeals.
18. Short title, commencement and extent.

SCHEDULES

SCHEDULE 1
SCHEDULE 2

SCHEDULE 3
Other amendments of Part I of 1986 Act

Assignment of licences
1.After section 8 of the 1986 Act there shall be...

Modification or removal of certain limits
2.(1) In subsection (1) of section 8A of the 1986...

Powers and duties of public gas transporters
3.For section 9 of the 1986 Act there shall be...

Duty to connect certain premises
4.For section 10 of the 1986 Act there shall be...

Power to require security
5.For section 11 of the 1986 Act there shall be...

Methods of calculating therms
6.For section 12 of the 1986 Act there shall be...

Calorific values: tests of apparatus etc.
7.For section 13 of the 1986 Act there shall be...

Fixing of tariffs
8.Section 14 of the 1986 Act (fixing of tariffs) shall...

Determination of disputes
9.Section 14A of the 1986 Act (which is superseded by...

Billing disputes
10.(1) In subsection (2) of section 15A of the 1986...

Promotion of efficient use of gas
11.Section 15B of the 1986 Act (which is superseded by...

Standards of quality
12.For section 16 of the 1986 Act there shall be...

Meter testing and stamping
13.For section 17 of the 1986 Act there shall be...

Safety regulations
14.(1) In subsection (2) of section 18 of the 1986...

Gas escape regulations
15.After section 18 of the 1986 Act there shall be...

Acquisition of rights to use pipe-line systems
16.For section 19 of the 1986 Act there shall be...

Construction of pipe-lines
17.Section 20 of the 1986 Act (construction of pipe-lines) shall...

Increase of capacity etc. of pipe-lines
18.(1) For subsection (1) of section 21 of the 1986...

Effect of directions as respects pipe-lines
19.In subsection (1) of section 22 of the 1986 Act...

Construction of pipe-lines by public gas transporters
20.After section 22 of the 1986 Act there shall be...

Modification of licences by agreement
21.For section 23 of the 1986 Act there shall be...

Modification references to Monopolies Commission
22.(1) For subsection (1) of section 24 of the 1986...

Reports on modification references
23.(1) In subsection (1)(c) of section 25 of the 1986...

Modification following report
24.(1) In subsection (1) of section 26 of the 1986...

Modification by order under other enactments
25.For section 27 of the 1986 Act there shall be...

Determination of certain disputes
26.After section 27 of the 1986 Act there shall be...

Orders for securing compliance with certain provisions
27.(1) In subsections (1), (2) and (4) of section 28...

Procedural requirements
28.In subsections (2) to (4), (6) and (7) of section...

Validity and effect of orders
29.(1) In subsection (1) of section 30 of the 1986...

Duty of Director to investigate certain matters
30.(1) In subsections (1) and (2) of section 31 of...

Duty of Council to investigate certain matters
31.(1) For subsection (2) of section 32 of the 1986...

Preliminary investigation by Council of certain disputes
32.In subsection (1) of section 32A of the 1986 Act...

Power of Council to investigate other matters
33.(1) In subsection (2) of section 33 of the 1986...

Standards of performance in individual cases
34.(1) In subsection (1) of section 33A of the 1986...

Overall standards of performance
35.(1) In subsection (1) of section 33B of the 1986...

Standards for promoting efficient use of gas
36.After section 33B of the 1986 Act there shall be...

Information with respect to levels of performance
37.(1) In subsection (1) of section 33C of the 1986...

Information to be given to customers about overall performance
38.(1) In subsection (1) of section 33D of the 1986...

Procedures for dealing with complaints
39.(1) In subsection (1) of section 33E of the 1986...

General functions of Director
40.(1) In subsection (1) of section 34 of the 1986...

Publication of information and advice
41.In subsection (1) of section 35 of the 1986 Act...

Keeping of register
42.(1) In subsection (1) of section 36 of the 1986...

Functions with respect to competition
43.After section 36 of the 1986 Act there shall be...

Functions with respect to gas measuring equipment etc.
44.After section 36A of the 1986 Act there shall be...

Maximum prices for reselling gas
45.For section 37 of the 1986 Act there shall be...

Power to require information etc.
46.(1) In subsection (1) of section 38 of the 1986...

Duty to consider representations and give reasons
47.After section 38 of the 1986 Act there shall be...

Annual and other reports
48.After subsection (2) of section 39 of the 1986 Act...

General duty of Council to advise Director
49.In section 40 of the 1986 Act (general duty of...

General restrictions on disclosure of information
50.(1) After subsection (1) of section 42 of the 1986...

Making of false statements etc.
51.After subsection (1) of section 43 of the 1986 Act...

Service of notices etc.
52.(1) In subsection (1) of section 46 of the 1986...

Provisions as to regulations
53.(1) In subsection (3) of section 47 of the 1986...

Interpretation of Part I and savings
54.(1) In subsection (1) of section 48 of the 1986...

The Director General of Gas Supply
55.In paragraph 10 of Schedule 1 to the 1986 Act...

Acquisition of land by public gas transporters
56.In Schedule 3 to the 1986 Act (acquisition of land...

Power of public gas transporters to break up streets, bridges etc.
57.(1) In Schedule 4 to the 1986 Act (power of...

SCHEDULE 4
Minor and consequential amendments

Interpretation
1.In this Schedule “public gas transporter” has the same meaning...

Enactments relating to statutory undertakers etc.
2.(1) A public gas transporter shall be deemed to be...

Public Health Act 1936 (c.49)
3.In section 229 of the Public Health Act 1936 (power...

Statistics of Trade Act 1947 (c.39)
4.(1) In relation to gas, subsection (5)(b) of section 9...

Rights of Entry (Gas and Electricity Boards) Act 1954 (c.21)
5.(1) In subsection (2) of section 1 of the Rights...

Pipe-lines Act 1962 (c.58)
6.(1) In section 58(1) of the Pipe-lines Act 1962 (exclusion...

Gas Act 1965 (c.36)
7.(1) In Part II of the Gas Act 1965 for...

Local Government (Scotland) Act 1966 (c.51)
8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Post Office Act 1969 (c.48)
9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health and Safety at Work etc. Act 1974 (c.37)
10.(1) Part I of the Health and Safety at Work...

Energy Act 1976 (c.76)
11.(1) In subsection (1) of section 9 of the Energy...

Water (Scotland) Act 1980 (c.45)
12.In paragraph (c) of the proviso to section 36 of...

Bankruptcy (Scotland) Act 1985 (c.66)
13.In paragraph (a) of subsection (4) of section 70 of...

Insolvency Act 1986 (c.45)
14.(1) For paragraph (a) of subsection (3) of section 233...

Consumer Protection Act 1987 (c.43)
15.(1) In paragraph (c) of subsection (7) of section 10...

Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22)
16.In paragraph 8 of Schedule 5 to the Road Traffic...

Electricity Act 1989 (c.29)
17.(1) In paragraph 3 of Schedule 4 to the Electricity...

Town and Country Planning Act 1990 (c.8)
18.(1) In section 252 of the Town and Country Planning...

Enterprise and New Towns (Scotland) Act 1990 (c.35)
19.In section 9(5) of the Enterprise and New Towns (Scotland)...

Natural Heritage (Scotland) Act 1991 (c.28)
20.In section 7 of the Natural Heritage (Scotland) Act 1991...

Central Rating Lists Regulations 1994 (S.I. 1994/3121)
21.In Part 3 of the Schedule to the Central Rating...

SCHEDULE 5
Transitional provisions and savings

Part I Public gas suppliers’ authorisations

Preliminary
1.(1) The provisions of this Part of this Schedule have...

Duty of public gas supplier to nominate associates and make transfer scheme
2.(1) Before such date as the Secretary of State may...

Functions of Secretary of State in relation to nominations and transfer scheme
3.(1) If the public gas supplier fails, before the date...

Duty of Secretary of State to make licensing scheme
4.(1) As soon as practicable after the date specified in...

Information etc. for purposes of Secretary of State’s functions
5.(1) It shall be the duty of the public gas...

Effect of schemes
6.(1) Subject to the provisions of paragraph 7 below, on...

Supplementary provisions as to transfers
7.(1) The provisions of Schedule 10 to the Electricity Act...

Shares issued to public gas supplier by transferee
8.Any shares issued to the public gas supplier by the...

Statutory accounts
9.(1) This paragraph has effect for the purposes of any...

Corporation tax
10.(1) Any shares issued to the public gas supplier by...

Petroleum revenue tax and gas levy
11.Where any transfer is effected by paragraph 6 above, the...

Consequential modifications of rating provisions
12.(1) This paragraph applies where any transfer effected by paragraph...

Part II Other transitional provisions and savings

Approvals under section 5(3)
13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notifications under section 6
14.(1) This paragraph applies where any notification given, or having...

Applications for authorisation under section 7
15.(1) This paragraph applies where— (a) an application has been...

Individual authorisations under section 8
16.(1) The provisions of this paragraph have effect as respects...

Class authorisations under section 8
17.(1) Subject to sub-paragraph (2) below, any authorisation granted under...

Gas shipping arrangements already made
18.(1) Any arrangement— (a) which any person has made with...

Former tariff customers
19.(1) This paragraph applies where immediately before the appointed day...

Connection charges
20.(1) Sub-paragraph (2) below applies where— (a) a public gas...

Promotion of efficient use of gas
21.Any determination or direction— (a) which has been made as...

Meter testing and stamping
22.(1) Any regulations— (a) which have been made, or have...

Restrictions on use of certain information
23.Notwithstanding the repeal by this Act of section 63 of...

Recovery of gas charges etc.
24.(1) Where— (a) such a demand as is mentioned in...

Use of antifluctuators and valves
25.Any notice— (a) which has been given by a public...

Restoration of supply without consent
26.(1) Where— (a) a supply of gas to any premises...

Failure to notify connection or disconnection of service pipe
27.Any notice— (a) which has been given to a public...

Entry warrants
28.(1) Any warrant— (a) which has been granted under section...

Street works notices
29.Any notice— (a) which has been given by a public...

Restrictive trade practices
30.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rating provisions
31.Nothing in this Act shall affect the operation of the...

SCHEDULE 6
Repeals