Counter-Terrorism Act 2008

88Costs of policing at gas facilities: recovery of costsU.K.

(1)The Secretary of State may determine—

(a)the amount of the costs to be paid by a designated gas transporter under section 85 or 86,

(b)the manner in which and the times at which those costs are to be paid, and

(c)the person or persons to whom they are to be paid.

(2)An occupier who incurs costs under an [F1arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012] that are required to be paid by a designated gas transporter under section 86 may recover them directly from the designated gas transporter.

(3)A designated gas transporter may, in determining its charges for conveying gas through pipes, take into account—

(a)any payments made by the designated gas transporter under section 85 or 86, and

(b)the reasonable costs incurred by it as party to an [F2arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012] entered into at the Secretary of State's request.

This applies despite anything in the conditions of the designated gas transporter's licence under section 7 of the Gas Act 1986 (c. 44) that prevents the transporter from recovering such payments or costs.

(4)The Secretary of State may direct the Gas and Electricity Markets Authority (“the Authority”)—

(a)to treat the payments or costs as costs of a kind specified by the Secretary of State for the purposes of the determination by the designated gas transporter of the transporter's charges, or

(b)to allow the designated gas transporter to take into account payments made or costs incurred in or in relation to a period so specified in determining the transporter's charges for a period so specified.

(5)The Secretary of State must consult the designated gas transporter and the Authority before giving a direction under this section.