Part 1

Gas Importation and Storage
Chapter 2

Importation and storage of combustible gas

Enforcement

Offences relating to licences
9
1
An offence is committed by a licence holder if—
a
a thing is done for which the licence specifies that the prior consent of the OGA or any other person is required, without that consent first having been obtained;
b
such a thing is done in circumstances where that consent was obtained subject to conditions and those conditions have not been satisfied;
c
the licence holder fails to keep records, give a notice or make a return or report, in accordance with the provisions of the licence;
d
the licence holder breaches any other provision of the licence which is specified, or of a description specified, in an order made by the Secretary of State.
2
In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that due diligence was exercised to avoid committing the offence.
3
It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain—
a
a licence, or
b
the consent of the OGA or any other person for the purposes of any requirement imposed by virtue of section 6(4).
4
It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for—
a
a licence, or
b
the consent of the OGA or any other person for the purposes of any requirement imposed by virtue of section 6(4).
5
A person guilty of an offence under this section is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to a fine.
S. 9 in force at 13.11.2009 for specified purposes by S.I. 2009/2809, art. 2 (with art. 4)
Word in s. 9(1)(a) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 46(2); S.I. 2016/920, reg. 2(a)
Word in s. 9(3)(b) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 46(3); S.I. 2016/920, reg. 2(a)
Word in s. 9(4)(b) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 46(4); S.I. 2016/920, reg. 2(a)