Gas Act 1995

3 Prohibition on unlicensed activities.E+W+S

(1)For section 5 of the 1986 Act there shall be substituted the following section—

Licensing of activities relating to gasE+W+S

5 Prohibition on unlicensed activities

(1)Subject to section 6A below and Schedule 2A to this Act, a person who—

(a)conveys gas through pipes to any premises, or to a pipe-line system operated by a public gas transporter;

(b)supplies to any premises gas which has been conveyed to those premises through pipes; or

(c)arranges with a public gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that transporter,

shall be guilty of an offence unless he is authorised to do so by a licence.

(2)The exceptions to subsection (1) above which are contained in Schedule 2A to this Act shall have effect.

(3)A person guilty of an offence under this section shall be liable—

(a)on summary conviction to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(4)No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or on behalf of the Secretary of State or the Director.

(5)Any reference in this Part to the conveyance by any person of gas through pipes to any premises is a reference to the conveyance by him of gas through pipes to those premises with a view to the gas being supplied to those premises by any person, or being used in those premises by the holder of a licence under section 7A(2) below.

(2)After Schedule 2 to that Act there shall be inserted, as Schedule 2A, the provisions of Schedule 1 to this Act (exceptions to prohibition on unlicensed activities).

[F1(3)Section 6 of that Act (which is superseded by this section) shall cease to have effect.]

Textual Amendments

F1S. 3(3) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20)