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Gas Act 1995
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- 1995 c. 45
- SCHEDULE 3
- Orders for securing compliance with certain provisions
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- Sch. 16 para. 2(10) transfer of functions by S.I. 2009/229 Sch. 1(e)
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- S.I. 2005/2040 art. 2-4 commences (2004 c. 36)
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- S.I. 2009/45 art. 2-4 Commencement Order
- S.S.I. 2010/401 art. 2-4 commences (2009 asp 6)
Orders for securing compliance with certain provisionsE+W+S
27(1)In subsections (1), (2) and (4) of section 28 of the 1986 Act (orders for securing compliance with certain provisions), for the words “public gas supplier” there shall be substituted the words “ licence holder ”.E+W+S
(2)In subsection (5) of that section—
(a)for the words “section 4” there shall be substituted the words “ section 4 or 4A ”;
(b)for the words “public gas supplier” there shall be substituted the words “ licence holder ”; and
(c)for the word “supplier”, in the second place where it occurs, there shall be substituted the words “ licence holder ”.
(3)In subsections (6) and (7) of that section, for the words “public gas supplier” there shall be substituted the words “ licence holder ”.
(4)After subsection (7) of that section there shall be inserted the following subsection—
“(7A)Without prejudice to the generality of the power conferred by subsection (1) above, the provision that may be made in a final order includes, in particular, the imposition by the Director on the licence holder to whom the order relates of a requirement to pay to the Director a monetary penalty of such amount as may be appropriate, in all the circumstances of the case, in respect of the contravention in question.”
(5)In subsection (8) of that section—
(a)in the definition of “relevant condition”, for the words “public gas supplier” there shall be substituted the words “ licence holder ” and for the word “authorisation” there shall be substituted the word “ licence ”; and
(b)for the definition of “relevant requirement” there shall be substituted the following definition—
““relevant requirement”, in relation to a licence holder, means any requirement imposed on him by or under section 9(1) or (2), 10(2), (3) or (14), 11(2), 12(1) or (6), 18(11), 22A(1) or 27A(5) or (6) above or section 33B, 33BB, 33D or 33E below or any provision of paragraphs 3, 6, 15, 16, 20(5) and 28(2) of Schedule 2B to this Act.”
(6)After that subsection there shall be inserted the following subsection—
“(9)Any sums received by the Director by way of monetary penalty under this section shall be paid into the Consolidated Fund.”
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