Gas Act 1986

6Exception to section 5

(1)Where a person (in this section referred to as a "gas supplier ") notifies the Secretary of State that he proposes to undertake a supply of gas to any premises at a rate in excess of 2,000,000 therms a year (in this section referred to as " the required rate "), section 5(1) above is not contravened by that supply unless, within six weeks of receiving the notification, the Secretary of State notifies the gas supplier either—

(a)that he is of the opinion that the rate of supply to those premises would be unlikely to exceed the required rate; or

(b)that he is unable to form an opinion as to whether the rate of supply to those premises would or would not be likely to exceed the required rate.

(2)Where a gas supplier has given the Secretary of State a notification under subsection (1) above and—

(a)the rate of supply to the premises to which the notification relates fails to exceed the required rate for three successive periods of twelve months ;

(b)the gas supplier fails to furnish the Secretary of State with such information as he may require for the purpose of determining whether the condition in paragraph (a) above is fulfilled ; or

(c)the gas supplier fails to afford to the Secretary of State such facilities as he may require for the purpose of verifying any information furnished in pursuance of such a requirement as is mentioned in paragraph (b) above,

the Secretary of State may direct that the gas supplier's notification shall be treated as invalid for the purposes of that subsection except as regards gas previously supplied.

(3)As soon as practicable after receiving or giving a notification under subsection (1) above, or giving a direction under subsection (2) above, the Secretary of State shall send a copy of the notification or direction—

(a)to the Director ;

(b)to the Health and Safety Executive; and

(c)to any public gas supplier whose authorised area includes the premises or any part of the premises to which the gas supplier's notification relates.