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.