SCHEDULES
SCHEDULE 2Amendments consequential on development consent regime
Gas Act 1965 (c. 36)
I114
1
Section 6 (controlled operations: carrying out of works to remedy a default) is amended as follows.
2
In subsection (1)—
a
for “without the consent of the Minister” substitute “
in breach of section 5(2)
”
,
b
for “failure to comply with any conditions subject to which the Minister's consent to the carrying out of any controlled operations has been granted” substitute “
relevant failure to comply
”
, and
c
after “foregoing section” insert “
or in circumstances involving a relevant failure to comply
”
.
3
In subsection (5) for the words from “failed” to the end substitute “
was responsible for the relevant failure to comply.
”
4
After subsection (8) insert—
9
In this section “relevant failure to comply” means—
a
in a case where the Minister's consent to the carrying out of controlled operations has been obtained under section 5, a failure to comply with any conditions subject to which the Minister's consent was granted;
b
in a case where the carrying out of controlled operations has been authorised by an order granting development consent under the Planning Act 2008, a breach of the terms of the order or other failure to comply with the terms of the order.