PART 8Enforcement

Enforcement provisions of the Gas Act 198637

1

Part 1 of the Gas Act 1986 (gas supply) M1 is amended as follows.

2

In section 22 (effect of directions) M2—

a

in subsection (1)—

i

omit “, 19B(11), 19D(11)”;

ii

for the words from “and the obligation” to “are duties” substitute “ is a duty ”;

b

in subsection (3) omit “or relevant duties”;

c

omit subsection (5).

3

For the italic heading preceding section 28 M3 substitute—

“Enforcement of obligations of regulated persons”.

4

In each of the following provisions, for “licence holder” wherever it occurs substitute “ regulated person ”

a

section 28 (orders for securing compliance with certain provisions);

b

section 29 (procedural requirements) M4;

c

section 30 (validity and effect of orders) M5;

d

section 30A (penalties) M6;

e

section 30C (time limits on the imposition of penalties) M7;

f

section 30E (appeals) M8;

g

section 30F (recovery of penalties) M9;

h

section 38(1) (power to require information etc) M10.

5

In section 28(8)—

a

after the definition of “provisional order” insert—

“regulated person” means a person who is one or more of the following—

  1. a

    a licence holder;

  2. b

    a distribution exemption holder;

  3. c

    a supply exemption holder;

  4. d

    the owner of a storage facility;

  5. e

    the owner of an LNG import or export facility;

  6. f

    a gas undertaking which is a relevant producer or supplier;

b

in the definition of “relevant condition”, for “his licence” substitute “ any licence held by that person ”;

c

in the definition of “relevant requirement”, for the words from “him” to the end of the definition substitute “ that person under a provision specified in Schedule 4B as a relevant provision in respect of that person ”.

6

After Schedule 4A (as inserted by regulation 41(7)) insert the Schedule set out in Schedule 3.