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The Gas (Standards of Performance) Regulations 2005

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This is the original version (as it was originally made).

Appointments

6.—(1) This regulation applies where–

(a)a domestic customer informs the gas supplier that the customer wishes the gas supplier to visit the customer’s premises, or

(b)the gas supplier informs a domestic customer that the gas supplier wishes to visit the customer’s premises,

being in either case a visit in connection with the activities which the gas supplier is required or authorised to carry on under his licence which requires access to be afforded to his representative or for which it would otherwise be reasonable to expect the customer to be present.

(2) Where this regulation applies and the gas supplier fails within a reasonable period from the applicable date to offer a timed appointment, the gas supplier shall, except in any of the circumstances described in paragraph (5), pay to the customer the prescribed sum.

(3) Where this regulation applies and the gas supplier fails to keep a timed appointment, the gas supplier shall, except in any of the circumstances described in paragraph (5), pay to the customer the prescribed sum.

(4) Where a timed appointment is made for more than one purpose, the gas supplier shall not be required to pay more than one prescribed sum under paragraph (3) in respect of that timed appointment.

(5) The circumstances described in this paragraph are—

(a)each of the circumstances described in regulation 13 provided that, in relation to paragraph (6) of that regulation, the gas supplier gave the customer not less than one working day’s prior warning (whether or not in writing) that he would be unable to keep the timed appointment or the circumstances referred to in that paragraph occurred at a time when it was not reasonably practicable to give such a warning;

(b)that the visit is for the purpose of responding to information received under regulation 4 or 5; and

(c)that the visit is wholly or mainly in connection with disconnecting the premises in exercise of the power contained in paragraph 7 of Schedule 2B to the Act(1).

(6) In this regulation, “timed appointment” means an appointment to make a visit to a customer’s premises commencing–

(a)unless sub-paragraph (b) applies, during a part (specified by the gas supplier) of a day (also specified by the gas supplier) within a reasonable period from the applicable date, having regard to the purpose of visit, being either a part which falls either wholly before one o'clock in the afternoon or wholly after noon, or a part not exceeding two hours; or

(b)during such part of a day as is requested by the customer and agreed with the gas supplier, such agreement not to be unreasonably withheld, provided that the relevant operator shall not be obliged to agree a part of a day that is less than two hours.

(1)

1986 c. 44: section 7(1)(a) and (2) were amended and former paragraphs 7(3)(a) and (b) of Schedule 2B were substituted by paragraphs 7(3)(a) and (b) under section 84(3) of the Utilities Act 2000 (c. 27).

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