The Gas (Individual Standards of Performance) Regulations (Northern Ireland) 2014

Exemptions

15.—(1) The circumstances described in this regulation are those set out in paragraphs (2) to (4) and (6) to (9).

(2) The customer informs the relevant operator before the contravention time that the customer does not wish the relevant operator to take any action in relation to the matter.

(3) The customer agrees with the relevant operator that the action taken by the relevant operator before the contravention time shall be treated as the taking by the relevant operator of the action required by the regulation and, where the action taken by the relevant operator includes a promise to perform any action (whether before or after the contravention time), the relevant operator duly performs that promise.

(4) Where information is or is required to be provided by the customer to the relevant operator, the customer has failed to provide that information or the information is provided to an address or by use of a telephone number other than the address or telephone number which the relevant operator has advised the customer is appropriate for receipt of information of that type or, in the case of information given by telephone for the purpose of regulation 6(1) was given outside such reasonable hours as the relevant operator has advised the customer are the hours during which the telephone number will be available for the receipt of information of that type.

(5) For the purpose of paragraph (4) the relevant operator may advise the customer by publishing the address, the telephone number or the hours in such a manner as may be appropriate for the purpose of bringing the advice to the attention of customers likely to be affected by it.

(6) It was not reasonably practicable for the relevant operator to take the action required by the regulation before the contravention time as a result of—

(a) severe weather conditions;

(b) industrial action by the employees or contractors of the relevant operator;

(c) the act or default of a person other than an officer, employee or agent of the relevant operator, or a person acting on behalf of an agent of the relevant operator;

(d) the inability of the relevant operator to obtain any necessary access to any premises;

(e) the existence of circumstances by reason of which the relevant operator could reasonably expect that if he took the action he would or would be likely to be in breach of an enactment;

(f) the effects of an event for which emergency regulations have been made under Part 2 of the Civil Contingencies Act 2004(1);

(g) delays imposed by a requirement to obtain a permit for street works under the Road (Miscellaneous Provisions) Act (Northern Ireland) 2010(2); or

(h) other circumstances of an exceptional nature beyond the control of the relevant operator, and the relevant operator had taken all such steps as it was reasonable to take both to prevent the circumstances from occurring and to prevent them from having that effect.

(7) The relevant operator reasonably considers that the information given by the customer was frivolous or vexatious.

(8) The customer has—

(i) committed an offence under section 10 of the Act; or

(ii) failed to pay any charges due to the relevant operator 28 days after receiving a written demand for those charges,

and the action taken or not taken by the relevant operator was in exercise of his powers under those paragraphs.

(9) The relevant gas conveyor has disconnected or refused to connect the customer’s premises in exercise of a power granted to it pursuant to its licence as held under Article 8(1)(a) of the Gas Order(3).

(10) In this regulation “contravention time” means—

(i) in relation to regulations 7 and 8, the expiry of the relevant period referred to in paragraph (2)(a) of each regulation and (where applicable) of each period referred to in paragraph (2)(b) of each regulation; and

(ii) in relation to any other regulation, the time at which, if this regulation and any other exemption contained in that regulation did not apply, the relevant operator would become liable to pay the prescribed sum to the customer.

(1)

2004 c.36

(2)

2010 c.14

(3)

S.I. 1996/275 (N.I.2)