21A.—(1) Where a customer of a gas supplier is to be charged for his supply wholly or partly by reference to the quantity of gas supplied, the supply shall be given through, and the quantity of gas shall be ascertained by, a meter which complies with Article 22.
(2) Any charge in respect of the provision of such a meter (whether that provision is by way of sale, hire or loan) shall be no higher than the competitive market rate.]
F1Art. 21A inserted (25.7.2014) by Energy Efficiency Regulations (Northern Ireland) 2014 (S.R. 2014/198), reg. 11
22.—(1) No meter shall be used for the purpose of ascertaining the quantity of gas supplied to any person unless it is stamped either by, or on the authority of, a meter examiner appointed under this Article or in such other manner as may be authorised by regulations.
(2) Subject to paragraphs (3) to (5), it shall be the duty of a meter examiner F2. . . , on being required to do so by any person and on payment of the prescribed fee, to examine any meter used or intended to be used for ascertaining the quantity of gas supplied to any person, and to stamp, or authorise the stamping of, that meter.
(3) A meter examiner shall not stamp, or authorise the stamping of, any meter unless he is satisfied that it is of such pattern and construction and is marked in such manner as is approved by the Director and that the meter conforms with such standards as may be prescribed.
(4) A meter examiner may stamp or authorise another person to stamp a meter, notwithstanding that he has not himself examined it, if—
(a)the meter was manufactured or repaired by the person submitting it to the examiner;
(b)that person has obtained the consent of the Director to his submission; and
(c)any conditions subject to which the consent was given have been satisfied.
(5) A meter examiner may authorise another person to stamp a meter, notwithstanding that he himself has not examined it, if—
(a)the meter was manufactured or repaired by that person;
(b)that person has obtained the consent of the Director to his stamping of the meter; and
(c)any conditions subject to which the consent was given have been satisfied.
(6) Regulations may make provision—
(a)for re-examining meters already stamped, and for the cancellation of stamps in the case of meters which no longer conform with the prescribed standards and in such other circumstances as may be prescribed;
(b)for requiring meters to be periodically overhauled;
(c)for the revocation of any approval given by the Director to any particular pattern or construction of meter, and for requiring existing meters of that pattern or construction to be replaced within such period as may be prescribed; and
(d)for the expenses of any such re-examination, overhaul or replacement of a meter to be defrayed in such manner as may be prescribed.
(7) All fees payable to meter examiners F3. . . for the performance of functions conferred by or under this Article shall be paid to the Director; and any sums received by him under this paragraph shall be paid into the Consolidated Fund.
(8) The fees to be paid to meter examiners F4. . . for the performance of functions conferred by or under this Article, and the persons by whom they are to be paid, shall be such as may be prescribed.
(9) The Director shall appoint competent and impartial persons as meter examiners for the purposes of this Article.
(10) If any person—
(a)supplies gas through a meter which has not been stamped under this Article; or
(b)uses, for ascertaining the quantity of gas supplied to any person or premises, a meter which has not been stamped under this Article,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(11) Where the commission by any person of an offence under paragraph (10) is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
(12) In any proceedings for an offence under paragraph (10) it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(13) Regulations may exempt meters of a prescribed class or description from provisions of this Article.
(14) In this Article “regulations” means regulations made by the Director.
F2Words in art. 22(2) omitted (21.3.2011) by virtue of Energy Act (Northern Ireland) 2011 (c. 6), ss. 16(2), 36(1); S.R. 2011/95, art. 2
F3Words in art. 22(7) omitted (21.3.2011) by virtue of Energy Act (Northern Ireland) 2011 (c. 6), ss. 16(2), 36(1); S.R. 2011/95, art. 2
F4Words in art. 22(8) omitted (21.3.2011) by virtue of Energy Act (Northern Ireland) 2011 (c. 6), ss. 16(2), 36(1); S.R. 2011/95, art. 2
Modifications etc. (not altering text)
C1Art. 22 modified (30.10.2006) by Measuring Instruments (Gas Meters) Regulations 2006 (S.I. 2006/2647), reg. 29 (with reg. 27(1)(2))
C2Art. 22 excluded (17.1.2013) by Gas (Meter Testing and Stamping) Regulations (Northern Ireland) 2012 (S.R. 2012/454), reg. 2
C3Art. 22 applied (with modifications) (28.12.2016) by The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 5 (with regs. 3(4), 5, 67(5))