The Gas (Standards of Performance) Regulations 2005

Priority domestic customers

9.—(1) This regulation applies (in addition to regulation 7) where the conveyance of gas to a priority domestic customer’s premises or to gas fittings at those premises is discontinued.

(2) Where this regulation applies, the relevant gas transporter shall, except in any of the circumstances described in paragraph (3), pay the prescribed sum to the customer where it does not provide to the customer at the customer’s premises alternative heating and cooking facilities–

(a) where the relevant gas transporter had given prior notice to the customer of its intention to discontinue the conveyance of gas, within the prescribed period from the applicable date; and

(b) in any other case where—

(i) less than 250 customers' premises (whether domestic or non-domestic) are affected by the relevant event, within the prescribed period from the relevant time; or

(ii) 250 or more customers' premises (whether domestic or non-domestic) are affected by the relevant event, within the prescribed period from the relevant time.

(3) The circumstances described in this paragraph are—

(a) each of the circumstances described in regulation 13;

(b) that the customer had alternative heating or cooking facilities (as the case may be);

(c) that—

(i) alternative heating and cooking facilities were made available for collection from a place reasonably conveniently situated to the customer’s premises;

(ii) the location of that place was notified to the customer within the prescribed period from the applicable date or the relevant time (as the case may be); and

(iii) that it was reasonable for the relevant gas transporter to expect the customer to collect or arrange for the collection of the alternative heating and cooking facilities from that place having regard to all relevant circumstances, including the information which was available, or could have reasonably obtained by, the relevant gas transporter in relation to the customer.

(4) For the purposes of this regulation—

(a) alternative heating and cooking facilities means—

(i) in respect of heating, an electric fan heater; and

(ii) in respect of cooking, a single ring electric or bottled gas appliance,

or, in either case, any reasonably equivalent appliance, having regard to the expected duration of the discontinuance and the weather conditions expected during that period;

(b) in calculating the prescribed period, the period between 8:00 p.m. and 8:00 a.m. shall be ignored;

(c) a relevant gas transporter shall be deemed to have been notified of a relevant event where the relevant event is notified to any person operating a service for receipt of such information on behalf of the relevant gas transporter; and

(d) “the relevant time” means–

(i) the time when the relevant event occurred; or if later

(ii) the time when the relevant gas transporter was notified or became aware that the relevant event had occurred or of circumstances in which a prudent operator would expect that a relevant event had or was likely to occur in respect of the customer’s premises.