(1)The Secretary of State shall, after consultation with the Director and public gas suppliers, prescribe standards of pressure, purity and uniformity of calorific value to be complied with by the suppliers in supplying gas, and may after such consultation prescribe other standards with respect to the properties, condition and composition of gas so supplied.
(2)The Secretary of State shall, after consultation with the Director and such persons and organisations as the Secretary of State considers appropriate, prescribe standards of pressure and purity to be complied with by persons other than public gas suppliers in supplying gas through pipes, and may after such consultation prescribe standards of uniformity of calorific value and other standards with respect to the properties, condition and composition of gas so supplied.
(3)The Secretary of State shall appoint competent and impartial persons 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 (in the case of gas supplied by a public gas supplier) whether it is of or above the declared calorific value.
(4)Regulations may make provision—
(a)for requiring such tests to be carried out at such places as the Secretary of State may direct;
(b)for requiring such premises, apparatus and equipment as the Secretary of State may direct to be provided and maintained by persons supplying gas through pipes (in the following provisions of this section referred to as gas suppliers) for the purpose of carrying out such tests;
(c)for persons representing the gas supplier concerned to be present during the carrying out of such tests;
(d)for the manner in which the results of such tests are to be made available to the public; and
(e)for conferring powers of entry on property of gas suppliers for the purpose of deciding where tests are to be carried out and otherwise for the purposes of this section.
(5)There shall be paid out of money provided by Parliament to the persons appointed under subsection (3) above such remuneration and such allowances as may be determined by the Secretary of State with the approval of the Treasury, and such pensions as may be so determined may be paid out of money provided by Parliament to or in respect of those persons.
(6)Every person who is a gas supplier during any period shall pay to the Secretary of State such proportion as the Secretary of State may determine of—
(a)any sums paid by him under subsection (5) above in respect of that period; and
(b)such part of his other expenses for that period as he may with the consent of the Treasury determine to be attributable to his functions in connection with the testing of gas for the purposes of this section;
and any liability under this subsection to pay to the Secretary of State sums on account of pensions (whether paid by him under subsection (5) above or otherwise) shall, if the Secretary of State so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Treasury, by reference to remuneration.
(7)The reference in subsection (6) above to expenses of the Secretary of State includes a reference to expenses incurred by any government department in connection with the Department of Energy, and to such sums as the Treasury may determine in respect of the use for the purposes of that Department of any premises belonging to the Crown.
(8)Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.
(9)Any reference in this section to a person supplying gas through pipes does not include a reference to 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 person authorised to supply it by or under section 6, 7 or 8 above.
Modifications etc. (not altering text)
C1Power to repeal or modify s. 16 conferred by Health and Safety at Work etc. Act 1974 (c. 37), s. 15 (as amended (prosp.) by Offshore Safety Act 1992 (c. 15), ss. 2(3)(b), 7(3)(a))
(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 appointed under this section or in such other manner as may be authorised by regulations.
(2)Subject to subsections (3) and (4) below, it shall be the duty of a meter examiner, on being required to do so by any person and on payment of the prescribed fee, 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 Secretary of State 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 Secretary of State to the submission; and
(c)any conditions subject to which the consent was given have been satisfied.
(5)The Secretary of State shall appoint competent and impartial persons as meter examiners for the purposes of this section.
(6)There shall be paid out of money provided by Parliament to meter examiners such remuneration and such allowances as may be determined by the Secretary of State with the approval of the Treasury, and such pensions as may be so determined may be paid out of money provided by Parliament to or in respect of such examiners.
(7)All fees payable in respect of the examination of meters by meter examiners shall be paid to the Secretary of State; and any sums received by him under this subsection shall be paid into the Consolidated Fund.
(8)Regulations may make provision—
(a)for re-examining meters already stamped, and for the cancellation of stamps in the meters which no longer conform with the prescribed standards and in such other circumstances as may be prescribed;
(b)for requiring meters to be periodically overhauled;
(c)for the revocation of any approval given by the Secretary of State 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; and
(d)for determining the fees to be paid for examining, stamping and re-examining meters, and the persons by whom they are to be paid.
(9)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 level 3 on the standard scale.
(10)Where the commission by any person of an offence under subsection (9) above 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.
(11)In any proceedings for an offence under subsection (9) above 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.
(12)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 155C and a pressure of 1013.25 millibars, would exceed 1600 cubic metres an hour.
Modifications etc. (not altering text)
C2S.17 excluded by SI 1988/186, regs. 3, 6 (as modified by SI 1988/296, reg. 2, Sch. para. 3)
(1)The general purposes of Part I of the M1Health and Safety at Work etc. Act 1974 (health, safety and welfare in connection with work, and control of dangerous substances etc.) shall include protecting the public from personal injury, fire, explosions and other dangers arising from the transmission or distribution of gas through pipes, or from the use of gas supplied through pipes.
(2)The Secretary of State may by regulations make provision for empowering any officer authorised by the relevant authority—
(a)to enter any premises in which there is a service pipe connected with a gas main, for the purpose of inspecting any gas fitting on the premises, any flue or means of ventilation used in connection with any such gas fitting, or any service pipe or other apparatus (not being a gas fitting) which is on the premises and is used for the supply of gas or is connected with a gas main;
(b)where he so enters any such premises, to examine or apply any test to any such object as is mentioned in paragraph (a) above and (where the object is a gas fitting) to verify what supply of air is available for it; and
(c)where in his opinion it is necessary to do so for the purpose of averting danger to life or property, and notwithstanding any contract previously existing, to disconnect and seal off any gas fitting or any part of the gas supply system on the premises, or cut off the supply of gas to the premises or, if no such supply is being given, to signify the refusal of the relevant authority to give or, as the case may be, allow such a supply.
(3)Where any regulations under subsection (2) above confer any power in accordance with paragraph (c) of that subsection, the regulations shall also include provision—
(a)for securing that, where any such power is exercised, the consumer will be notified as to the nature of the defect or other circumstances in consequence of which it has been exercised;
(b)for enabling any consumer so notified to appeal to the Secretary of State on the grounds that the defect or other circumstances in question did not constitute a danger such as to justify the action taken in the exercise of the power, or did not exist or have ceased to exist; and
(c)for enabling the Secretary of State to give such directions as may in accordance with the regulations be determined by him to be appropriate in consequence of any such appeal.
(4)Regulations made under subsection (2) above may make provision for prohibiting any person, except with the consent of the relevant authority or in pursuance of any directions given by the Secretary of State as mentioned in subsection (3)(c) above, from—
(a)reconnecting any gas fitting or part of any gas supply system which has been disconnected by or on behalf of the relevant authority in exercise of a power conferred by the regulations; or
(b)restoring the supply of gas to any premises where it has been cut off by or on behalf of the relevant authority in the exercise of any such power; or
(c)causing gas from a gas main to be supplied to any premises where in pursuance of the regulations the refusal of the relevant authority to give or, as the case may be, allow a supply to those premises has been signified and that refusal has not been withdrawn.
(5)Where in pursuance of any powers conferred by regulations made under subsection (2) above, entry is made on any premises by an officer authorised by the relevant authority—
(a)the officer shall ensure that the premises are left no less secure by reason of the entry; and
(b)the relevant authority 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 the regulations, or in making the premises secure.
(6)Any officer exercising powers of entry conferred by regulations made under subsection (2) above may be accompanied by such persons as may be necessary or expedient for the purpose for which entry is made, or for the purposes of subsection (5) above.
(7)If any person intentionally obstructs any officer exercising powers of entry conferred by regulations made under subsection (2) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(8)The M2Rights 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 regulations made under subsection (2) above as if—
(a)any reference to a public gas supplier were a reference to the relevant authority; and
(b)any reference to an employee of a public gas supplier were a reference to an officer authorised by the relevant authority.
(9)In this section “the relevant authority”—
(a)in relation to dangers arising from the supply of gas by a public gas supplier, or from the use of gas supplied by such a supplier, means that supplier; and
(b)in relation to dangers arising from the supply of gas by a person other than a public gas supplier, or from the use of gas supplied by such a person, means the Secretary of State.
Valid from 01/03/1996
(1)The Secretary of State may by regulations make provision—
(a)for empowering any officer authorised by a public gas transporter, if the transporter has reasonable cause to suspect—
(i)that gas conveyed by the transporter is escaping, or may escape, in any premises; or
(ii)that gas so conveyed which has escaped has entered, or may enter, any premises,
to enter the premises, to carry out any work necessary to prevent the escape of gas and to take any other steps necessary to avert danger to life or property; and
(b)for empowering any officer so authorised, if the transporter has reasonable cause to suspect—
(i)that gas conveyed through pipes by some other person is escaping, or may escape, in any premises; or
(ii)that gas so conveyed which has escaped has entered, or may enter, any premises,
to enter the premises and take any steps necessary to avert danger to life or property.
(2)Subsections (5) to (7) and (11) of section 18 above shall apply for the purposes of this section as if—
(a)any reference to subsection (2) of that section were a reference to subsection (1) above;
(b)any reference to the relevant authority were a reference to a public gas transporter;
(c)any reference to subsection (5) of that section were a reference to that subsection as applied by this subsection; and
(d)the reference in subsection (11) of that section to regulations under that section were a reference to regulations under this section.
(3)The M3Rights 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 regulations made under subsection (1) above.
(4)Any reference in this section 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 under this section of officers authorised by the transporter.]
Textual Amendments
F1S. 18A inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 15; S.I. 1996/218, art. 2
Marginal Citations