Gas Safety (Management) Regulations (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide for the preparation and acceptance of safety cases in respect of the conveyance of gas in a network and impose requirements in respect of gas escapes and the composition and pressure of gas.

Regulation 2 defines a “safety case” as a document containing the particulars specified in the Schedule referred to in the provision of the Regulations under which the safety case is prepared. Schedules 1 and 2 specify those particulars. Regulation 2 also defines a “network” as a connected network of pipes used for the conveyance of gas from a gas processing facility, a storage facility or to or from Northern Ireland. Regulation 2(3) and (4) excepts specified pipes from a network.

Regulation 3 prohibits a person from conveying gas in a network unless he has prepared a safety case which has been accepted by the Department of Economic Development (“the Department”) and, where others convey gas in a network, a person (referred to in the Regulations as a “network emergency co-ordinator”) has prepared a safety case which has been similarly accepted.

Regulation 4 requires a safety case to be revised as often as may be appropriate. A revision which renders the safety case materially different from the last version may not be made unless the Department has accepted the revision. Regulation 4 also requires a safety case to be revised at least every 3 years.

Regulation 5 requires that any procedures or arrangements described in a safety case are followed and provides for specified defences for contravention of the requirement.

Regulation 6 imposes requirements on specified persons to co-operate with a person conveying gas in a network and with a network emergency co-ordinator to enable them to comply with the provisions of the Regulations. Regulation 6 also empowers a person conveying gas in a network to direct persons not to consume gas where this is necessary to prevent a “supply emergency” as defined in regulation 2(1) or to prevent danger arising from the use of gas not conforming with the requirements of regulation 8. It also requires a person conveying gas to provide, on request to persons proposing to carry out work to gas fittings, information about operating pressures of the gas at the outlet of a service pipe.

Regulation 7 requires Phoenix Natural Gas Limited to provide a continuously manned telephone service for receiving reports of gas escapes, and requires such reports to be passed on to the persons made responsible under the regulation for preventing the escapes. The regulation also imposes specified duties on occupiers of premises and others with respect to gas escapes. The regulation imposes specified duties with respect to the investigation of incidents on persons conveying or supplying gas.

Regulation 8 and Schedule 3 impose requirements with respect to the characteristics and testing of gas.

Regulation 9 imposes requirements with respect to the making and keeping of documents.

Regulation 10 makes transitional provisions.

Regulation 11 provides for the granting of exemptions from the Regulations by the Department in certain circumstances.

Regulation 12 repeals Article 64 of the Gas (Northern Ireland) Order 1996.

In Great Britain the corresponding Regulations are the Gas Safety (Management) Regulations 1996. The Health and Safety Executive has prepared a cost benefit assessment in relation to those Regulations and a copy of that assessment, together with the Northern Ireland Supplement prepared by the Department, is held at 83 Ladas Drive, Belfast, BT6 9FJ, from where copies may be obtained on request.

A person who contravenes the Regulations or any requirement or prohibition imposed thereunder is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.