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Statutory Instruments

2005 No. 1135

GAS

The Gas (Standards of Performance) Regulations 2005

Made

10th March 2005

Coming into force

1 April 2005

The Gas and Electricity Markets Authority(1) in exercise of the powers conferred by sections 33A, 33AA, 33AB, 33D and 47 of the Gas Act 1986(2) after consultation with the Gas and Electricity Consumer Council(3), gas suppliers and gas transporters and with persons and bodies appearing to be representatives of persons likely to be affected by the Regulations, after considering the results of research to discover the views of a representative sample of persons likely to be affected, and with the consent of the Secretary of State in accordance with section 33A(2) of the Gas Act 1986(4), makes the following Regulations–

PART IE+W+SGeneral

Citation, commencement and transitional provisionsE+W+S

1.—(1) These Regulations may be cited as the Gas (Standards of Performance) Regulations 2005 and shall come into force on 1st [F1May] 2005.

(2) Where, in relation to any occasion upon which a regulation would otherwise apply, the applicable date falls before the date on which these Regulations come into force, the Gas (Standards of Performance) Regulations 2002(5) shall continue to apply to the exclusion of these Regulations.

Textual Amendments

Commencement Information

I1Reg. 1 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

RevocationE+W+S

2.  Subject to regulations 1 and 12, the Gas (Standards of Performance) Regulations 2002 are revoked.

Commencement Information

I2Reg. 2 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

InterpretationE+W+S

3.—(1) In these Regulations, unless the context otherwise requires,

“the Act” means the Gas Act 1986;

“accurate” means:

(i)

in respect of a standard quotation for the provision of a connection [F2or alteration of an existing connection] up to and including 275 kWh per hour within 5% or £150 (whichever is greater) of the correct amount as calculated in accordance with the relevant gas transporter’s connection charging statement issued in accordance with F3... its licence; or

(ii)

in respect of a non-standard quotation for the provision of a connection [F4or alteration of an existing connection] up to and including 275 kWh per hour within 5% or £150 (whichever is the greater) of the correct amount as calculated in accordance with the relevant gas transporter’s connection charging statement issued in accordance with F3... its licence; or

(iii)

in respect of a non-standard quotation for the provision of a connection greater than 275 kWh per hour within 5% or £300 (whichever is the greater) of the correct amount as calculated in accordance with the relevant gas transporter’s connection statement issued in accordance with F3... its licence;

F5...

“apparent authority” [F6means] that the name and address of the customer [F6have] been provided to the relevant operator together with confirmation that the relevant person is acting on behalf of the customer;

“applicable date” means, in relation to each occasion upon which a regulation applies, the day upon which that regulation first applies, or, where a prescribed period in a paragraph of a regulation is expressed in hours, the time on that day when that regulation first applies;

F7...

“the Authority” means the Gas and Electricity Markets Authority established under [F8section] 1 of the Utilities Act 2000(6);

“complex connection” means a connection of sufficient complexity as described in a statement issued from time to time by the relevant gas transporter [F9pursuant to its licence] and agreed with the Authority after such consultation as the Authority directs;

“connection” means the provision of pipe-work from the gas pipe-line system of the relevant gas transporter to the emergency control valve at the relevant premises;

“the Council” means the Gas and Electricity Consumer Council established under section 2 of the Utilities Act 2000;

“customer” means an owner or occupier of premises in Great Britain who is supplied or requires to be supplied with gas conveyed to those premises through pipes;

[F10“disconnection” means the isolation of pipe-work or gas assets from the gas pipe-line system of the relevant gas transporter to the emergency control valve at the relevant premises;

“diversion” means work to relocate gas assets connected to the gas pipe-line system of the relevant gas transporter;]

“domestic customer” means a customer supplied or requiring to be supplied with gas at domestic premises (but excluding such customer in so far as he is supplied or requires to be supplied at premises other than domestic premises);

“domestic development” means a development of at least 5 new build domestic premises where there is no existing connection to the relevant gas transporter’s pipe-line system;

“domestic premises” means premises at which a supply is taken or to be taken wholly or mainly for domestic purposes;

“excluded connection” [F11means a connection described as such in a statement issued from time to time by the relevant gas transporter pursuant to its licence and agreed with the Authority after such consultation as the Authority directs;]

“gas supplier” means, in relation to any premises, a gas supplier who supplies to those premises gas which is conveyed thereto (or, where the premises are secondary sub-deduct premises, to the relevant primary sub-deduct premises) by a gas transporter;

F12...

“land enquiry” means a request by a customer for an indication of the availability of gas, an estimate of pressure, an estimate of the cost of the relevant proposed connection and, where appropriate, the approval of a design for the provision of a new [F13connection] [F14,] alteration of an existing connection [F15or for carrying out of a disconnection];

F7...

“non-domestic customer” means any customer other than a domestic customer;

“non domestic development” means a development of at least 5 new build non-domestic premises where there is no existing connection to the relevant gas transporter’s pipeline system;

“non-domestic premises” means any premises other than domestic premises;

“non-standard quotation” means a quotation [F16other than a standard quotation (excluding a self quote)];

“pay” includes crediting the account of the customer for charges incurred or to be incurred in respect of the supply of gas or in respect of the provision of any gas meter, and “payment” shall be construed accordingly;

“overcharge” means any sum exceeding the correct amount as calculated in accordance with the relevant gas transporter’s connection charging statement issued in accordance with F17... its licence;

“pipe-line system” means pipes upstream of any emergency control valve owned by the relevant gas transporter and used for the purpose of conveying gas;

[F18“prescribed cap” means in relation to each of the regulations specified in column 1 of Part AI of Schedule 1, the sum specified in column 2 of Part AI of Schedule 1, or as adjusted in accordance with regulation 14A, multiplied by the figure specified in column 3 of Part AI of Schedule 1;]

“prescribed period” means in relation to any paragraph or sub-paragraph of these regulations F19... the period [F20specified] in column 2 of Part I of Schedule 1 opposite the reference to that paragraph or sub-paragraph in column 1 of that Part I of the Schedule;

“prescribed sum” means where the customer is a domestic customer the amount [F21specified] in column 3 of Part I of Schedule 1, or where the customer is a non-domestic customer the amount [F21specified] in column 4 of Part I of Schedule 1 [F22, or such other sum calculated in accordance with regulation 14A];

“primary sub-deduct premises” means premises to which gas is conveyed by a gas transporter before being conveyed to secondary sub-deduct premises;

“priority domestic customer” means a domestic customer in respect of whom the relevant details included on the Priority Service Register F23... have been provided [F24by gas suppliers] to the relevant gas transporter;

[F25“Priority Service Register” means the register of certain domestic customers established and maintained by gas suppliers in accordance with the standard conditions of all gas supply licences granted or treated as granted under section 7A(1) of the Gas Act 1986;]

“published accuracy scheme” means a scheme, including a process through which a customer can challenge whether it has received an accurate quotation [F26for a connection or alteration of an existing connection], published by the relevant gas transporter [F27pursuant to its licence] as agreed from time to time with the Authority;

“quotation” means a cost estimate for a connection [F28, diversion or disconnection];

“relevant event” means the occurrence as a result of which a regulation applies;

“relevant gas transporter” means, in relation to a customer, the gas transporter to whose pipe-line system the premises of the customer are directly connected, or who has a duty to connect those premises under section 10 of the Act(7), or in relation to secondary sub-deduct premises, the gas transporter to whose pipeline system the primary sub-deduct premises are directly connected, or would be directly connected in accordance with the duty to connect under section 10 of the Act;

[F29“relevant operator” means the relevant gas transporter or the gas transporter according to the circumstances of the relevant customer’s case;]

“secondary sub-deduct premises” means premises to which gas is conveyed in pursuance of an exemption from section 5(1)(a) of the Act(8) granted under section 6A of the Act(9), for supply by the gas supplier;

“self-quote” means a quotation produced by the customer for the provision of a new [F30connection] or alteration of an existing connection in accordance with any conditions published by the relevant gas transporter to enable the customer to calculate the cost of those works;

F7...

“standard quotation” means a standard quotation (excluding a self-quote) that does not require a site visit as defined in the connection charges statement issued from time to time by the relevant gas transporter in accordance with F31... its licence;

“substantial completion” means that the connection to the premises has been installed, commissioned and left safe;

F32...

“working day”means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971(10); and

“working hours” means the period between the hours specified in Part II of F33... Schedule I.

(2) In these Regulations “Schedule 1” and “Schedule 2” means in either case that Schedule to these Regulations.

(3) Any reference in these Regulations to a numbered regulation is a reference to the regulation in these Regulations bearing that number; and any reference in a regulation to a numbered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph of the regulation bearing that number.

(4) For the purpose of these Regulations–

(a)where more than one person is a customer in respect of particular premises, a notice given by a relevant operator to one person who is a customer in respect of those premises shall be a sufficient notice to any other person who is a customer in respect of those premises at the time the notice is given;

(b)where a person is a customer in respect of more than one premises, a reference in a regulation to “customer” is a reference to that person in respect of each of the premises in relation to which he is a customer to which the regulation applies;

(c)any reference to the dispatch by a relevant operator of an explanation or reply within a particular period shall not require that the explanation or reply (if in writing) is received by the customer within that period and shall be satisfied if the relevant operator provides the explanation or reply orally to the customer within that period;

(d)any reference to a customer shall (except in relation to the entitlement to any payment due from a relevant operator under these Regulations) include any person having apparent authority to represent the customer unless the context otherwise requires.

Textual Amendments

Commencement Information

I3Reg. 3 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

PART IIE+W+S[F34Gas transporter’s individual standards of performance]

Textual Amendments

Meter disputesE+W+S

F354.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Pre-payment metersE+W+S

F365.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

AppointmentsE+W+S

F376.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Supply restorationE+W+S

7.—(1) This regulation applies where the conveyance of gas to a F38... customer’s premises is discontinued as a result of a failure of, fault in or damage to the pipe-line system operated by the relevant gas transporter.

(2) Where this regulation applies, the relevant gas transporter shall, except in any of the circumstances described in paragraph (3), pay the prescribed sum to the customer—

(a)where the conveyance of gas is not resumed to the customer’s premises within the prescribed period from the applicable date; and

(b)in respect of each succeeding period of 24 hours upon the expiry of which the conveyance of gas is not resumed.

(3) The circumstances described in this paragraph are—

(a)each of the circumstances described in regulation 13;

(b)that the relevant event was caused by the act or default of the customer;

(c)that the relevant event resulted in the discontinuance of conveyance of gas to more than [F3930,000] premises of customers (whether domestic or non-domestic) of the relevant gas transporter;

F40(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F41(e)that the discontinuance of conveyance of gas to the customer’s premises would not have occurred but for a failure of, fault in or damage to the pipe-line system of another gas transporter and the relevant gas transporter has so notified the other gas transporter within 5 working days from the end of the relevant event specifying—

(i)the number of customers affected;

(ii)whether each of the customers affected is a domestic customer or a non-domestic customer; and

(iii)the duration of the discontinuance of conveyance of gas for each of the customers affected.]

(f)that the relevant event was caused by severe weather conditions or other circumstances of an exceptional nature beyond the control of the gas transporter and the gas transporter had taken all such steps as it was reasonable to take both to prevent the circumstances from occurring and to prevent them from having that effect [F42; and]

[F43(g)that the customer’s premises are premises to which the conveyance of gas is at a rate in excess of 73,200 kWh a year.]

[F44(4) In the circumstance described in paragraph (3)(e) this regulation shall apply to the other gas transporter as if he were the relevant gas transporter.]

Textual Amendments

Commencement Information

I4Reg. 7 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Reinstatement of customer’s premisesE+W+S

8.—(1) This regulation applies where the relevant gas transporter has completed work to a service pipe to the customer’s premises and any associated work to a distribution main where such pipe or main is situated under or within the premises of the customer.

(2) Where this regulation applies, the relevant gas transporter shall, except in any of the circumstances described in paragraph (3), pay the prescribed sum to the customer where the relevant gas transporter has not completed the reinstatement of the customer’s premises–

(a)within the prescribed period from the applicable date; and

[F45(b)upon the expiry of each succeeding period of—

(i)three working days where the customer has been a priority domestic customer for more than thirty days prior to the start of the relevant event; or

(ii)five working days in all other circumstances.]

(3) The circumstances described in this paragraph are—

(a)each of the circumstances described in regulation 13;

[F46(b)that the work was requested by the customer to whom a payment under this regulation would otherwise be required to be made and related to the connection or an alteration to the connection to the customer’s premises; and]

(c)that the work resulted from the act or default of the customer or persons under his control.

(4) For the purposes of paragraph (2), the customer’s premises shall be deemed to have been reinstated where—

(a)any drive, path or other route used to obtain access to any building on the customer’s premises and any building or structure on those premises has been replaced or repaired so that the drive, path, other route, building or structure is reasonably fit for the type of access or use for which it was used prior to commencement of the work; and

(b)any other part of the premises, including any garden or lawn, has been reinstated, so far as is reasonably practicable, to a reasonable standard and with reasonable care and skill having regard to its condition prior to commencement of the work.

(5) In this regulation, “premises” includes any land or structure within the curtilage of the premises to which the gas is conveyed.

Textual Amendments

Commencement Information

I5Reg. 8 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Priority domestic customersE+W+S

9.—(1) This regulation applies (in addition to regulation 7) where the conveyance of gas to a priority domestic customer’s premises or to gas fittings at those premises is discontinued.

(2) Where this regulation applies, the relevant gas transporter shall, except in any of the circumstances described in paragraph (3), pay the prescribed sum to the customer where it does not provide to the customer at the customer’s premises alternative heating and cooking facilities–

(a)where the relevant gas transporter had given prior notice to the customer of its intention to discontinue the conveyance of gas, within the prescribed period from the applicable date; and

(b)in any other case where—

(i)less than 250 customers' premises (whether domestic or non-domestic) are affected by the relevant event, within the prescribed period from the relevant time; or

(ii)250 or more customers' premises (whether domestic or non-domestic) are affected by the relevant event, within the prescribed period from the relevant time.

[F47(2A) Where the relevant gas transporter must pay a prescribed sum under paragraph (2), the relevant gas transporter must make subsequent payments of the prescribed sum to the customer for each 24 hour period that the relevant event continues after the expiry of the prescribed period, except in any of the circumstances described in paragraph (3).

(2B) Where this regulation applies and 250 or more customers’ premises (whether domestic or non-domestic) are affected by the relevant event for longer than 48 hours, the relevant gas transporter must, except in any of the circumstances described in paragraphs (3)(a) to (d), provide each priority domestic customer access to—

(a)a hot meal in each 24 hour period; and

(b)hot water for washing in each 24 hour period where, under the Priority Service Register or otherwise notified by the customer, the priority domestic customer is medically dependent on water for bathing or is water dependent for medical reasons,

from 48 hours after the relevant event commenced until it ends.

(2C) The relevant gas transporter must pay the prescribed sum to a priority domestic customer each time it fails to provide access to—

(a)a hot meal in accordance with paragraph (2B)(a); or

(b)hot water for washing in accordance with paragraph (2B)(b).]

(3) The circumstances described in this paragraph are—

(a)each of the circumstances described in regulation 13;

(b)that [F48, in respect of the relevant obligation,] the customer had alternative heating [F49,] cooking facilities [F50, access to hot meals or access to hot water] (as the case may be);

(c)that [F51, in respect of the relevant obligation]—

(i)alternative heating and cooking facilities were made available for collection [F52, or access to hot meals or access to hot water was made available (as the case may be)] from a place reasonably conveniently situated to the customer’s premises;

(ii)the location of that place was notified to the customer within the prescribed period from the applicable date or the relevant time (as the case may be); and

(iii)that it was reasonable for the relevant gas transporter to expect the customer to collect or arrange for the collection of the alternative heating and cooking facilities [F53, or to access hot meals or hot water (as the case may be)] from that place having regard to all relevant circumstances, including the information which was available, or could have reasonably [F54been] obtained by, the relevant gas transporter in relation to the customer [F55;]

[F56(d)that [F57, in respect of the relevant obligation,] the customer declined alternative heating [F58,] cooking facilities [F59, access to hot meals or access to hot water] (as the case may be) offered by the relevant gas transporter; and

[F60(e)that the making of an additional payment of the prescribed sum in respect of the continuation of a breach under paragraphs (2), (2A) and (2C) would cause the aggregate of the payments to the customer to exceed the prescribed cap.]]

(4) For the purposes of this regulation—

(a)alternative heating and cooking facilities means—

(i)in respect of heating, an electric fan heater; and

(ii)in respect of cooking, a single ring electric or bottled gas appliance,

or, in either case, any reasonably equivalent appliance, having regard to the expected duration of the discontinuance and the weather conditions expected during that period;

(b)in calculating the prescribed period, the period between [F6110:00 p.m. and 6:00 a.m.] shall be ignored;

(c)a relevant gas transporter shall be deemed to have been notified of a relevant event where the relevant event is notified to any person operating a service for receipt of such information on behalf of the relevant gas transporter; and

(d)“the relevant time” means–

(i)the time when the relevant event occurred; or if later

(ii)the time when the relevant gas transporter was notified or became aware that the relevant event had occurred or of circumstances in which a prudent operator would expect that a relevant event had or was likely to occur in respect of the customer’s premises.

Textual Amendments

Commencement Information

I6Reg. 9 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

ConnectionsE+W+S

10.—(1) This regulation applies where–

(a)in respect of paragraphs 3(a) and (b), a relevant gas transporter receives a request for a quotation for obtaining a new connection [F62,] altering an existing connection [F63, arranging a diversion or carrying out a disconnection] from a customer; or

(b)in respect of [F64paragraph (3A)], a customer challenges a quotation [F65with regards to the provision of a connection or alteration of an existing connection] under the relevant gas transporter’s published accuracy scheme; or

(c)in respect of [F66paragraph (3)(c)] a relevant gas transporter receives a land enquiry from a customer; or

[F67(d)in respect of [F68paragraphs (3)(d) and (e)] a relevant gas transporter receives acceptance of a quotation (including a self-quote) for the provision of a new connection or alteration of an existing connection from a customer]

in each case in respect of gas conveyed to premises at a pressure of less than 7 bar gauge and excluding domestic developments, non domestic developments, complex connections and excluded connections[F69.]

(2) For the purposes of paragraph (1) where the relevant gas transporter receives a request for a quotation, a land enquiry or the acceptance of a quotation after 5pm on a working day or at any time on any other day, the request for a quotation, land enquiry or acceptance of the quotation shall be deemed to have been received on the next following working day.

[F70(3) Where this regulation applies and the relevant gas transporter fails—

(a)within the prescribed period from the applicable date to issue to a customer a standard quotation for—

(i)a new connection up to and including 275kWh per hour;

(ii)an alteration of an existing connection up to and including 275kWh per hour; or

(iii)a disconnection where the pressure is less than 2 bar gauge;

(b)within the prescribed period from the applicable date to issue to a customer a non-standard quotation for—

(i)a new connection up to and including 275kWh per hour;

(ii)an alteration of an existing connection up to and including 275kWh per hour;

(iii)a disconnection where the pressure is less than 2 bar gauge;

(iv)a new connection greater than 275kWh per hour;

(v)an alteration of an existing connection greater than 275kWh per hour;

(vi)a diversion; or

(vii)a disconnection where the pressure is greater than or equal to 2 bar gauge;

(c)within the prescribed period from the applicable date to respond to a land enquiry in respect of—

(i)a new connection up to and including 275kWh per hour;

(ii)an alteration of an existing connection up to and including 275kWh per hour;

(iii)a disconnection where the pressure is less than 2 bar gauge;

(iv)a new connection greater than 275kWh per hour;

(v)an alteration of an existing connection greater than 275kWh per hour; or

(vi)a disconnection where the pressure is greater than or equal to 2 bar gauge;

(d)within the prescribed period from the applicable date to offer a date for commencement of work on the connection and substantial completion on specified days in respect of—

(i)a new connection up to and including 275kWh per hour;

(ii)an alteration of an existing connection up to and including 275kWh per hour;

(iii)a new connection greater than 275kWh per hour; or

(iv)an alteration of an existing connection greater than 275kWh per hour; or

(e)substantially to complete a connection on the date agreed with the customer in respect of a connection with a quoted cost to the customer of—

(i)up to and including £1,000;

(ii)over £1,000 but not exceeding £4,000;

(iii)over £4,000 but not exceeding £20,000;

(iv)over £20,000 but not exceeding £50,000; or

(v)over £50,000 but not exceeding £100,000,

the relevant gas transporter must, except in the circumstances described in paragraph (6), pay to the customer the prescribed sum in respect of each initial failure and for each additional working day during which the failure continues (including the day on which the appropriate action is taken to meet the requirements of the relevant sub-paragraphs).

(3A) Where this regulation applies and the relevant gas transporter fails to provide the customer with an accurate quotation with regards to the provision of a new connection or alteration of an existing connection, the relevant gas transporter must, except in the circumstances described in paragraph (6), refund the customer any overcharge that has been paid.]

(4) In the event that the customer challenges a quotation [F71with regards to the provision of a connection or alteration of an existing connection] provided by the relevant gas transporter in accordance with any published accuracy scheme and such quotation is found not to be accurate, the quotation will be deemed invalid and the provisions of paragraph 3(a) and 3(b) shall apply until the relevant gas transporter issues a revised quotation to the customer.

(5) Notwithstanding paragraph (4), the relevant transporter shall refund to the customer any overcharge.

(6) The circumstances described in this paragraph are—

(a)each of the circumstances described in regulation 13 provided that in relation to paragraph (6) of that regulation, the relevant gas transporter gave the customer not less than one working day’s prior warning (whether or not in writing) that he would be unable to keep the timed appointment or the circumstances referred to in that paragraph occurred at a time when it was not reasonably practicable to give such a warning;

[F72(b)that the making of an additional payment of the prescribed sum in respect of the continuation of any one breach under paragraph (3)(a) or any of paragraphs (3)(b)(i) to (iii) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the lesser of the prescribed cap or the quotation sum;

(ba)that the making of an additional payment of the prescribed sum in respect of the continuation of any one breach under any of paragraphs (3)(b)(iv) to (vii) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the lesser of the prescribed cap or the quotation sum;

(c)that the making of an additional payment of the prescribed sum in respect of the continuation of any one breach under any of paragraphs (3)(c)(i) to (iii) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the prescribed cap;

(ca)that the making of an additional payment of the prescribed sum in respect of the continuation of any one breach under any of paragraphs (3)(c)(iv) to (vi) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the prescribed cap;

(d)that the making of an additional payment of the prescribed sum in respect of a continuation of any one breach under paragraph (3)(d)(i) or (ii) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the lesser of the prescribed cap or the quotation sum;

(da)that the making of an additional payment of the prescribed sum in respect of a continuation of any one breach under paragraph (3)(d)(iii) or (iv) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the lesser of the prescribed cap or the quotation sum;

(e)that the making of an additional payment of the prescribed sum in respect of a continuation of any one breach under paragraph (3)(e)(i) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the lesser of the prescribed cap or the contract sum;

(f)that the making of an additional payment of the prescribed sum in respect of a continuation of any one breach under paragraph (3)(e)(ii) or (iii) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed 50% of the contract sum;

(g)that the making of an additional payment of the prescribed sum in respect of a continuation of any one breach under paragraph 3(e)(iv) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the prescribed cap;

(h)that the making of an additional payment of the prescribed sum in respect of a continuation of any one breach under paragraph 3(e)(v) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the prescribed cap;]

(i)that the relevant gas transporter is unable to provide an accurate quotation within the relevant time scales since the quotation will include costs that can only be negotiated with and paid to a third party;

(j)that consents are required from third parties and such consents cannot by reasonable endeavours be obtained;

(k)in respect of a standard or non-standard quotation made without a site visit, that an assumption made by the relevant gas transporter in providing the quotation is incorrect because information provided by the customer was either incomplete or incorrect;

(l)that any visit is made wholly or mainly in connection with disconnecting the premises in exercise of the power contained in paragraph 7 of Schedule 2B to the Act(11);

(m)where the service relates to the provision of metering services as defined in the licence of the gas transporter issued under section 7 of the Act(12); or

(n)in respect of regulation 10(1) (a), (b) and (c) the gas transporter considers that a request or requests received from the customer or a person acting with apparent authority for one or more customers were frivolous or vexatious.

(7) In this regulation—

(a)“specified day” means a day within a reasonable period from the applicable date;

(b)“quotation sum” means the price originally quoted for the connection [F73, alteration, diversion or disconnection]; and

(c)“contract sum” means the accurate quotation for the connection [F74or alteration].

Textual Amendments

Commencement Information

I7Reg. 10 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

[F75Notice of planned interruptionE+W+S

10A.—(1) This regulation applies where the conveyance of gas to a customer’s premises is discontinued for the purpose of carrying out planned maintenance or replacement work to the pipe-line system operated by the relevant gas transporter.

(2) Where this regulation applies and the relevant gas transporter has failed to give to the customer prior notice of not less than the prescribed period of when the discontinuance is expected to commence, stating the need for the discontinuance, the relevant transporter shall, except in any of the circumstances described in paragraph (3), pay to the customer the prescribed sum.

(3) The circumstances described in this paragraph are—

(a)each of the circumstances described in paragraphs (2), (3), (6), (8) and (9) of regulation 13 [F76.]

F77(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F76Reg. 10A(3)(a): full stop substituted for word (1.4.2021) by The Gas (Standards of Performance) (Amendment) Regulations 2021 (S.I. 2021/257), regs. 1(1), 7(a)

[F78Responding to complaintsE+W+S

10B.—(1) This regulation applies where a relevant gas transporter receives from or on behalf of a customer, in his capacity as such, a verbal complaint (by use of a telephone number) or written complaint relating to its activities to which the relevant gas transporter reasonably expects the customer will anticipate a response.

(2) Where the relevant gas transporter fails within the prescribed period from the receipt of the complaint, to dispatch to the customer—

(a)where paragraph (3) applies—

(i)an initial written response explaining the relevant gas transporter’s inability to provide a substantive response within the prescribed period under paragraph (2)(b), including the name, telephone number and address of an employee of the relevant gas transporter whom the customer can contact regarding the complaint, and stating that a substantive response shall be provided within the prescribed period under paragraph (2)(a)(ii); and

(ii)a substantive response; or

(b)where paragraph (3) does not apply, a substantive response,

the relevant gas transporter shall, except in any of the circumstances described in paragraph (4), pay to the customer the prescribed sum in respect of the initial failure and upon the expiry of each succeeding period of 5 working days during which the failure continues.

(3) This paragraph applies where the relevant gas transporter is reasonably satisfied that it is unable to provide a substantive response to the complaint received under paragraph (1) without visiting the customer’s premises or making enquiries of persons other than officers, employees or agents of the relevant gas transporter.

(4) The circumstances described in this paragraph are —

(a)that the customer informed the relevant gas transporter before the expiry of the prescribed period that the customer did not wish the relevant gas transporter to take any action in relation to the complaint;

(b)where paragraph (3) applies, that the relevant gas transporter was either unable to contact the customer and/or persons other than officers, employees or agents of the relevant gas transporter, or had contacted persons other than such officers, employees or agents but had not received a reply, and has so notified the customer, within the prescribed period from receipt of the complaint, and the relevant gas transporter has demonstrated that it had taken all such steps as it was reasonable to take to make contact;

(c)where paragraph (3) applies, that the customer requested an appointment for visiting the customer’s premises outside of the prescribed period from receipt of the complaint;

(d)that the relevant gas transporter reasonably considers that the complaint was frivolous or vexatious; and

(e)that the making of an additional payment of the prescribed sum in respect of the continuation of any one breach under paragraph (2)(a)(i) or (2)(a)(ii) or (2)(b) would cause the aggregate of the prescribed payments to the customer in respect of that breach under that paragraph to exceed [F79the prescribed cap].

(5) For the purposes of paragraph (1) the relevant gas transporter may advise the customer of a telephone number to use for the purpose of making a verbal complaint and the reasonable hours during which the telephone number will be available for receipt of complaints.]

Textual Amendments

DisputesE+W+S

11.  Where a dispute under any provision of these regulations is referred to the Authority for determination under sub-section 33AB(1) of the Act(13), the dispute shall be determined in accordance with the practice and procedure set out in Schedule 2 to these Regulations.

Commencement Information

I8Reg. 11 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

PaymentsE+W+S

12.—F80(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F81(1A) Paragraph (3A) applies where a gas transporter is obliged to make a payment to a customer whose premises are directly connected to the pipe-line system of another gas transporter under regulation 7.]

[F82(2) Paragraph (4) applies—

(a)where a gas transporter is obliged to make a payment to a customer whose premises are directly connected to its pipe-line system under any of regulations 7 to 10B (inclusive); or

(b)where a gas transporter receives a payment from another gas transporter for onward transmission to a customer whose premises are directly connected to its pipe-line system.]

F83(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F84(3A) Where this paragraph applies and the gas transporter fails within the prescribed period from the applicable date to make the payment to the customer, or to the other gas transporter for onward transmission to the customer of the sum to which he is entitled, the gas transporter shall, except in any of the circumstances described in paragraph (5), pay the prescribed sum to the customer or to that other gas transporter for onward transmission to the customer.]

[F85(4) Where this paragraph applies and the gas transporter fails to make payment to the customer of the sum to which he is entitled—

(a)within the prescribed period from the applicable date, where paragraph 2(a) applies; or

(b)within the prescribed period from the applicable date, where paragraph 2(b) applies,

the gas transporter shall, except in any of the circumstances described in paragraph (5), pay to the customer the prescribed sum.]

(5) The circumstances described in this paragraph are—

(a)each of the circumstances described in regulation 13; and

(b)that there is a genuine dispute between the relevant operator and the customer as to whether the relevant operator is obliged to make the payment.

(6) Where a relevant operator is required to make a payment under these Regulations–

(a)in relation to any premises of which more than one person is a customer, a payment to any one or more of the customers in respect of those premises shall be a complete discharge of the obligation of the relevant operator to make the payment to all the customers of those premises;

(b)nothing in, or done by a relevant operator in consequence of, these Regulations shall determine who is beneficially entitled to any payment made in pursuance of these Regulations; F86...

(c)nothing in these Regulations shall permit a relevant operator to make a payment other than by means of;

(i)a cheque or cash or BACS transfer F87..., or

[F88(ii)an account credit for charges incurred or to be incurred in respect of the supply of gas or the provision of any gas meter or the provision of any connection;]

[F89(d)where a gas transporter elects to make any payment directly to a customer, the payment by the gas transporter to a person whom it reasonably believes to be the customer in respect of the premises in relation to which the entitlement arises shall be a complete discharge of the obligation of the gas transporter to make the payment to the customer of those premises; and]

[F90(e)in relation to a customer whose premises are directly connected to the pipe-line system of another gas transporter, a payment to that other gas transporter for onward transmission to the customer shall be a complete discharge of the obligation of the gas transporter to make the payment to the customer.

(7) Where all or part of the prescribed sum is paid by a gas transporter to a customer under these regulations, such a payment shall not prevent that gas transporter from recovering that payment (or part of that payment) from another gas transporter where that other gas transporter is wholly or partly responsible for the liability arising under these regulations.

(8) In this regulation only—

(a)“payment” means, in respect of regulations 7, 8, 10 and 10B, the aggregate of payments due to a customer under each of those regulations; and

(b)“applicable date” means—

(i)in relation to paragraph (3A), the day upon which the gas transporter receives notification from the other gas transporter in accordance with regulation 7(3)(e); and

(ii)in relation to paragraph (4), in respect of regulation 9 and regulation 10A, the day [F91after the relevant event ends].]

Textual Amendments

Commencement Information

I9Reg. 12 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

ExemptionsE+W+S

13.—(1) The circumstances described in this regulation are those set out in paragraphs (2) to (4) and (6) to (9).

(2) The customer informs the relevant operator before the contravention time that the customer does not wish the relevant operator to take any action, F92... in relation to the matter.

(3) The customer agrees with the relevant operator that the action taken by the relevant operator before the contravention time shall be treated as the taking by the relevant operator of the action required by the regulation and, where the action taken by the relevant operator includes a promise to perform any action (whether before or after the contravention time), the relevant operator duly performs that promise.

(4) Where information is or is required to be provided by the customer to the relevant operator, the customer has failed to provide that information or the information is provided to an address or by use of a telephone number other than the address or telephone number which the relevant operator has advised the customer is appropriate for receipt of information of that type or, in the case of information given by telephone for the purpose of [F93regulation 10(1)(d)] was given outside such reasonable hours as the relevant operator has advised the customer are the hours during which the telephone number will be available for the receipt of information of that type.

(5) For the purposes of paragraph (4) the relevant operator may advise the customer by publishing the address, the telephone number or the hours in such a manner as may be appropriate for the purpose of bringing the advice to the attention of customers likely to be affected by it.

(6) It was not reasonably practicable for the relevant operator to take the action required by the regulation before the contravention time as a result of—

(a)severe weather conditions;

(b)industrial action by the employees or contractors of the relevant operator;

(c)the act or default of a person other than an officer, employee or agent of the relevant operator, or a person acting on behalf of an agent of the relevant operator;

(d)the inability of the relevant operator to obtain any necessary access to any premises;

(e)the existence of circumstances by reason of which the relevant operator could reasonably expect that if he took the action he would or would be likely to be in breach of an enactment;

(f)the effects of an event for which emergency regulations have been made under Part 2 of the Civil Contingencies Act 2004(14);

(g)delays imposed by a requirement to obtain a permit for street works under the Traffic Management Act 2004(15); or

(h)other circumstances of an exceptional nature beyond the control of the relevant operator,

and the relevant operator had taken all such steps as it was reasonable to take both to prevent the circumstances from occurring and to prevent them from having that effect.

(7) The relevant operator reasonably considers that the information given by the customer was frivolous or vexatious.

(8) The customer has—

(a)committed an offence under paragraph 10 or 11 of Schedule 2B to the Act(16), or

(b)failed to pay any charges due to the relevant operator after receiving a notice under paragraph 7 of Schedule 2B to the Act,

and the action taken or not taken by the relevant operator was in exercise of his powers under those paragraphs.

(9) The relevant gas transporter has disconnected or refused to connect the customer’s premises in exercise of a power under Schedule 2B to the Act(17).

(10) In this regulation “contravention time” means–

(a)in relation to regulations 7 and 8, the expiry of the relevant period referred to in paragraph 2(a) of each regulation and (where applicable) of each period referred to in paragraph 2(b) of each regulation; and

(b)in relation to any other regulation, the time at which, if this regulation and any other exemption contained in that regulation did not apply, the relevant operator would become liable to pay the prescribed sum to the customer.

Textual Amendments

Commencement Information

I10Reg. 13 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Timing of notificationE+W+S

F9414.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F95Indexation of prescribed sums and prescribed capsE+W+S

14A.—(1) The prescribed sums for each financial year beginning with 1 April 2022 are calculated by—

(a)adjusting the sums specified in columns 3 and 4 of Part I of Schedule 1 by the percentage increase or decrease in the CPIH index published for the month of January preceding the financial year for which the adjustment is made in comparison to the CPIH index published for the month of January 2021; and

(b)rounding the resulting figure to the nearest £5.

(2) In the calculation of prescribed caps for each financial year beginning with 1 April 2022, the sums in column 2 of Part AI of Schedule 1 are adjusted by—

(a)the percentage increase or decrease in the CPIH index published for the month of January preceding the financial year for which the adjustment is made in comparison to the CPIH index published for the month of January 2021; and

(b)rounding the resulting figure to the nearest £5.

(3) In this regulation, “CPIH” means the consumer prices index including owner occupiers’ housing costs (all items) published by the Office for National Statistics.]

Textual Amendments

Notice of rightsE+W+S

15.—F96(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In respect of the rights prescribed for the benefit of customers under regulations 7 to 14 (inclusive) a relevant gas transporter shall prepare and from time to time revise a statement describing those rights and the effect of section 33AA(5) of the Act(18) in a form and having a content which a gas transporter could reasonably expect would be within the understanding of customers to whom the statement relates and shall –

(a)give a copy of the statement and of any revision of the statement to the Authority and to the Council, before he sends it to the gas suppliers referred to in sub-paragraph (b);

(b)at least once in any period of 12 months dispatch to each gas supplier which supplies gas to customers connected to the relevant gas transporter’s pipeline system for onward transmission to the gas supplier’s customers a copy of the statement (in the form current at the time it is provided);

(c)make a copy of the statement (in its current form) available for inspection by any person at any offices fixed as appropriate by the relevant gas transporter for the purposes of section 46(3) of the Act(19) or, if none, at any premises of or occupied by the relevant gas transporter open to the public in the normal course of the relevant gas transporter’s business during the normal opening hours of the premises; and

(d)dispatch a copy of the statement (in its current form) to any person who requests it.

F97(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I11Reg. 15 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

PART IIIE+W+SOVERALL STANDARDS OF PERFORMANCE

Information to be given to customers about overall performanceE+W+S

F9916.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The seal of the Gas and Electricity Markets Authority here affixed is authenticated by the signature of

L.S.

David Gray

A member of the Authority

2nd March 2005

I Consent

Mike O'Brien

Minister of State for Industry and Energy

Department of Trade and Industry

10th March 2005

SCHEDULE 1E+W+S

[F100PART AIE+W+SPrescribed Caps Applicable to all Gas Transporters

Textual Amendments

(1)

Regulation

(2)

Sum

(3)

Multiplier

9(3)(e)£5010
10(6)(b)£2025
10(6)(ba)£4025
10(6)(c)£806
10(6)(ca)£8012
10(6)(d)£4012
10(6)(da)£8012
10(6)(e)£4010
10(6)(g)£20050
10(6)(h)£30060
10B(4)(e)£405]

PART IE+W+S[F101Prescribed Periods and Prescribed Sums Applicable to all Gas Transporters]

Textual Amendments

Commencement Information

I12Sch. 1 Pt. 1 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

[F102(1)

Regulation

(2)

Prescribed period

(3)

Prescribed sum

domestic customers

(4)

Prescribed sum

non-domestic customers

7(2)24 hours£60£100
8(2)

3 working days where the customer has been a priority domestic customer for more than 30 days prior to the start of the relevant event; or

5 working days in all other circumstances

£100£200
9(2)£50
9(2)(a)4 hours
9(2)(b)(i)4 hours
9(2)(b)(ii)8 hours
9(2C)£50
10(3)(a)4 working days£20£20
10(3)(b)(i)11 working days£20£20
10(3)(b)(ii)11 working days£20£20
10(3)(b)(iii)11 working days£20£20
10(3)(b)(iv)21 working days£40£40
10(3)(b)(v)21 working days£40£40
10(3)(b)(vi)21 working days£40£40
10(3)(b)(vii)21 working days£40£40
10(3)(c)(i)5 working days£80£80
10(3)(c)(ii)5 working days£80£80
10(3)(c)(iii)5 working days£80£80
10(3)(c)(iv)5 working days£80£80
10(3)(c)(v)5 working days£80£80
10(3)(c)(vi)5 working days£80£80
10(3)(d)(i)17 working days£40£40
10(3)(d)(ii)17 working days£40£40
10(3)(d)(iii)20 working days£80£80
10(3)(d)(iv)20 working days£80£80
10(3)(e)(i)£40£40
10(3)(e)(ii)the lesser of £200 or 5% of the contract sumthe lesser of £200 or 5% of the contract sum
10(3)(e)(iii)£200£200
10(3)(e)(iv)£200£200
10(3)(e)(v)£300£300
10A(2)7 working days£40£100
10B(2)(a)(i)5 working days£40£40
10B(2)(a)(ii)10 working days£40£40
10B(2)(b)10 working days£40£40
12(3A)10 working days£20£20
12(4)(a)10 working days£40£40
12(4)(b)5 working days£40£40]

Textual Amendments

PART IIE+W+SWorking Hours

Commencement Information

I13Sch. 1 Pt. 2 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

8.00 am to 8.00 pm on each working day and 9.00am to 5.00pm on any other day.

SCHEDULE 2E+W+SStandards of Performance – Practice and Procedure for Determinations

Determination of disputesE+W+S

1.—(1) This Schedule applies where a dispute to which regulation 11 applies has arisen under any provision of these Regulations between a relevant operator and a customer or between relevant operators.E+W+S

(2) A dispute to which this Schedule applies–

(a)may be referred to the Authority by any party or, with the agreement of any party, by the Council; and

(b)on such reference, shall be determined by order made by the Authority.

(3) In making an order under this Schedule, the Authority shall include in the order the reasons for reaching its decision with respect to a dispute.

Commencement Information

I14Sch. 2 para. 1 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Timetable for the determination of individual disputesE+W+S

2.—(1) The Authority shall determine a dispute to which this Schedule applies before the end of eighty working days from the date when the dispute was referred to the Authority.E+W+S

(2) If the Authority is satisfied that there are good reasons for departing from the requirements of sub-paragraph (1), the period in which a dispute may be determined may be extended with the consent of the referring party or parties.

Commencement Information

I15Sch. 2 para. 2 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Procedure for the determination of individual disputesE+W+S

3.—(1) Where an individual dispute is referred to the Authority, the Authority shall, at the outset, send to the parties a notice of procedure for the determination of individual disputes.E+W+S

(2) The notice under sub-paragraph (1) shall–

(a)set out a timetable by which each part of the procedure for the determination of individual disputes under this Schedule is to take place;

(b)provide a list of any documentation or other evidence that the Authority has received in connection with the dispute and inform the parties that such documentation or other evidence may be disclosed to other parties to the dispute unless it is specifically classed as confidential by the party to whom it belongs before the date expressly stated in the notice;

(c)inform the parties of any specific information that the Authority is requesting as part of the written statement prepared in accordance with paragraph 7; and

(d)explain the manner in which the Authority intends to publish the determination decision.

(3) Upon receipt of a notice under sub-paragraph (1), the parties to the dispute shall provide the Authority with–

(a)the information specified in sub-paragraph (2)(c);

(b)any other information that they consider relevant to the dispute.

(4) If the Authority decides it is necessary to obtain third party advice in relation to technical issues or any other issues that may arise during the determination, it shall request it and inform the parties to the dispute of that request and indicate in writing how that request will affect the timetable outlined in the notice issued under sub-paragraph (1).

(5) At any time after receiving a written statement the Authority may, if it considers it appropriate to do so, request an oral hearing in accordance with paragraph 9.

(6) If the Authority is satisfied that it has sufficient information to determine a dispute, it shall prepare a draft determination statement containing the submissions of the parties and then send that statement to the parties for comment.

(7) When the Authority has received comments from the parties, and is satisfied that it has sufficient information to make the determination decision, it shall prepare and then issue to the parties a final determination statement.

(8) The parties shall, within one week of receiving a final determination statement, notify the Authority of any issue or information within that statement that should be excluded because such issue or information is of a confidential nature.

(9) The Authority shall, upon receipt of any notification under sub-paragraph (8), make the necessary adjustments to the final determination statement and then publish that statement on its website in accordance with sub-paragraph (2)(d).

Commencement Information

I16Sch. 2 para. 3 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Determination of multiple disputesE+W+S

4.—(1) The Authority may, if it considers it appropriate to do so, consolidate into one or more categories (in each case a “consolidated group”) similar or related disputes for the purposes of determining those disputes.E+W+S

(2) A determination made by the Authority for one or more consolidated groups shall apply, in respect of each consolidated group, to each individual dispute in that group.

Commencement Information

I17Sch. 2 para. 4 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Timetable for determination of multiple disputesE+W+S

5.—(1) The Authority, when determining disputes falling within a consolidated group, shall determine those disputes before the end of six months from the date when they were consolidated into that group by the Authority under paragraph 4.E+W+S

(2) If the Authority is satisfied that there are good reasons for departing from the requirements of sub-paragraph (1), the period in which disputes falling within a consolidated group may be determined may be extended by notice to the representatives of any such group nominated under paragraph 10.

Commencement Information

I18Sch. 2 para. 5 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Procedure for the determination of multiple disputesE+W+S

6.—(1) Where the Authority considers it appropriate to consolidate disputes under paragraph 4, the Authority shall send to the parties a notice of procedure for the determination of those disputes.E+W+S

(2) The notices under sub-paragraph (1) shall–

(a)set out a timetable by which each part of the procedure for the determination of multiple disputes under this Schedule is to take place;

(b)provide a list of any documentation or other evidence that the Authority has received in connection with the dispute and inform the parties that such documentation or other evidence may be disclosed to other parties to the dispute unless it is specifically classed as confidential by the party to whom it belongs before the date expressly stated in the notice;

(c)inform the parties of any specific information that the Authority is requesting in accordance with paragraph 11;

(d)explain the manner in which the Authority intends to publish the determination decision.

(3) Upon receipt of a notice under sub-paragraph (1), the parties to the dispute shall provide the Authority with–

(a)the information specified in sub-paragraph (2)(c);

(b)any other information that they consider relevant to the dispute.

(4) Upon receipt of the information provided in accordance with sub-paragraph (3), the Authority may, if it considers it fitting to do so, prepare a list of consolidated groups and then consult as to whether those consolidated groups are appropriate.

(5) When consulting under sub-paragraph (4), the Authority shall–

(a)publish and explain its proposals in a manner which it believes will bring them to the attention of persons most likely to be affected; and

(b)invite those persons to comment to the Authority within a period from the publication of the proposals that is specified therein.

(6) Upon receipt of responses to the consultation under sub-paragraph (5), the Authority shall have regard to those responses before finalising the consolidated groups.

(7) When the Authority has decided on the consolidated groups for the purpose of determining multiple disputes, it shall appoint customer representatives as required by paragraph 10.

(8) Following the appointment of the customer representatives for the consolidated groups, those customer representatives and the relevant operators shall prepare a written statement.

(9) Upon receipt of the written statements, the Authority may decide that it is necessary to obtain third party advice in relation to technical issues or any other issues that may arise during the determination. If third party advice is requested, then the Authority shall inform the customer representatives and the relevant operators of that request and indicate in writing how that request will affect the timetable outlined in the notice issued under sub-paragraph (1).

(10) At any time after receiving the written statement the Authority may request an oral hearing in accordance with paragraph 9.

(11) If the Authority is satisfied that it has the necessary information, it shall prepare a draft determination statement containing the submissions of the customer representatives and the relevant operators and then send that statement to the customer representatives and the relevant operators for comment.

(12) When the Authority has received comments from the customer representatives and the relevant operators, and is satisfied that it has sufficient information to make the determination decision, it shall issue a final determination statement for a consolidated group or each consolidated group where there is more than one.

(13) The customer representatives and the relevant operators shall within one week of receiving a final determination statement notify the Authority of any issue or information within that statement that should be excluded because such issue or information is of a confidential nature.

(14) The Authority shall, upon receipt of any notification under sub-paragraph (13), make the necessary adjustments to the final determination statement and then publish that statement on its website in accordance with sub-paragraph (2)(d).

Commencement Information

I19Sch. 2 para. 6 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Written statementsE+W+S

7.—(1) The Authority may, by notice, ask any party to a dispute to produce a written statement with respect to a matter specified in the notice.E+W+S

(2) The power to ask for the production of a written statement includes power to specify the time and place at which it is to be produced.

(3) No person is to be compelled under this paragraph to produce a written statement with respect to any matter about which he could not be compelled to give evidence in civil proceedings in the High Court or Court of Session.

(4) The Authority may make copies of a document produced to it under this paragraph.

Commencement Information

I20Sch. 2 para. 7 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Production of documents and other evidenceE+W+S

8.—(1) The Authority may, by notice, ask a party to a dispute to produce such documentation (including other evidence), in such form and at such time as it directs, as the Authority may reasonably require to enable it to make the determination decision.E+W+S

(2) The power to ask for the production of a document is a power to ask for its production–

(a)at the time and place specified in the notice; and

(b)in a legible form.

(3) No person is to be compelled under this paragraph to produce a document that he could not be compelled to produce in civil proceedings in the High Court or Court of Session.

(4) The Authority may make copies of a document produced to it under this paragraph.

Commencement Information

I21Sch. 2 para. 8 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Oral hearingsE+W+S

9.—(1) For the purposes of this Schedule, an oral hearing may be held, and evidence may be heard at such a hearing from any party to a dispute.E+W+S

(2) The Authority may, by notice, request any party to a dispute–

(a)to attend at a time and place specified in the notice; and

(b)at that time and place, to give evidence to any person appointed by the Authority to conduct the oral hearing.

(3) At any oral hearing, the Authority may request the customer or a person attending the hearing as a representative of the relevant operator to give evidence or make representations or observations.

(4) If any party fails to attend a hearing to be subjected to a requirement under sub-paragraph (3), the Authority may determine the dispute without hearing his evidence, representations, or observations.

(5) No person is to be compelled under this paragraph to give evidence which he could not be compelled to give in civil proceedings in the High Court or Court of Session.

Commencement Information

I22Sch. 2 para. 9 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Customer representatives for multiple disputesE+W+S

10.—(1) Where disputes are consolidated into categories under paragraph 4, the Authority shall nominate one or more customers to be representatives of each consolidated group.E+W+S

(2) A customer nominated to be a representative of a consolidated group under this paragraph shall only become a representative if he consents to do so.

Commencement Information

I23Sch. 2 para. 10 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Collection of information in multiple disputesE+W+S

11.—(1) The Authority may by notice ask any customer who is a party to a dispute falling within a consolidated group to produce such information with respect to a matter specified in the notice as the Authority may reasonably require to enable it to make the determination decision.E+W+S

(2) The power to require the production of information under this paragraph includes the power to specify the time and place at which it is to be produced.

(3) No person is to be compelled under this paragraph to produce information with respect to any matter about which he could not be compelled to give evidence in civil proceedings in the High Court or Court of Session.

Commencement Information

I24Sch. 2 para. 11 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Payments to customersE+W+S

12.  An order determining a dispute shall not (where there is more than one customer at the premises) determine who is beneficially entitled to any payment required to be made by the order.E+W+S

Commencement Information

I25Sch. 2 para. 12 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Set-offE+W+S

13.  Where a dispute is determined by an order requiring a relevant operator to make a payment to the customer and the relevant operator fails to make that payment, the customer may set off the amount so ordered to be paid against any charges that are owed by the customer to the relevant operator.E+W+S

Commencement Information

I26Sch. 2 para. 13 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

CostsE+W+S

14.—(1) An order determining a dispute may include a provision requiring the relevant operator or the customer to pay a sum in respect of the costs or expenses incurred by the Authority.E+W+S

(2) In including in an order under sub-paragraph (1) any such provision as to costs, the Authority shall have regard to the conduct and means of the parties and any other relevant circumstances.

Commencement Information

I27Sch. 2 para. 14 in force at 1.5.2005 (as amended by S.I. 2005/1136, reg. 2) , see reg. 1(1)

Explanatory Note

(This note is not part of the Regulations)

These regulations re-enact most of the provisions of the Gas (Standards of Performance) Regulations 2002.

They prescribe the sum which gas suppliers or gas transporters must pay to a customer by way of compensation for failure to meet specified standards of performance in respect of the services to be provided by such suppliers or distributors. The sum payable differs between domestic and non-domestic customers, and between standards.

The main changes in the new Regulations are;

Introducing new connection guaranteed standards of performance relating to the;

(i)provision of quotations;

(ii)challenging the accuracy of quotations;

(iii)responding to land enquiries;

(iv)specifying dates for commencement and substantial completion of work; and

(v)substantially completing the connection on the specified date; and

(vi)the introduction of a new schedule setting out a more comprehensive practice and procedure for determining standards of performance disputes (Schedule 2 to the Regulations).

The Gas (Standards of Performance) Regulations 2002 and the Gas (Standards of Performance) (Amendment) Regulations 2002 are revoked (regulation 2), subject to the transitional provisions in regulation 1.

(1)

The Gas and Electricity Markets Authority was established under section 1(1) of the Utilities Act 2000 (c. 27).

(2)

1986 c. 44: section 33A was inserted by the Competition and Service (Utilities) Act 1992 (c. 43) and amended by paragraph 34 of Schedule 3 to the Gas Act 1995 (c. 45) and, section 90(1)(b) and paragraph 13 of Schedule 6 to the Utilities Act 2000; sections 33AA and 33AB were inserted by section 90(2) of the Utilities Act 2000 and section 33D was substituted by section 94 of the Utilities Act 2000.

(3)

The Gas and Electricity Consumer Council was established under section 2(1) of the Utilities Act 2000.

(4)

1986 c. 44: Section 33A(2) was amended by paragraph 13 of Schedule 6 to the Utilities Act 2000.

(5)

S.I. 2002/475

(7)

1986 c. 44: section 10 was substituted by paragraph 4 of Schedule 3 to the Gas Act 1995.

(8)

1986 c. 44: Subsection 5(1)(a) was amended by Schedule 6, Schedule 2 and section 75 of the Utilities Act 2000.

(9)

1986 c. 44: section 6A was amended by section 4 of the Gas Act 1995.

(11)

1986 c. 44: section 7(1)(a) and (2) were amended and former paragraphs 7(3)(a) and (b) of Schedule 2B were substituted by paragraphs 7(3)(a) and (b) under section 84(3) of the Utilities Act 2000 (c. 27).

(12)

1986 c. 44: section 7 was substituted by section 5 of the Gas Act 1995 (c. 45).

(13)

1986 c. 44: section 33AB(1) was inserted by section 90(2) of the Utilities Act 2000.

(16)

1986 c. 44: paragraph 10 and 11 of Schedule 2B was amended by paragraph 2 Schedule 6 to the Utilities Act 2000.

(17)

1986 c. 44: Schedule 2B was inserted by paragraph 9(2) of Schedule 2 to the Gas Act 1995.

(18)

1986 c. 44: section 33AA(5) was inserted by section 90(2) of the Utilities Act 2000 (c. 27).

(19)

1986 c. 44: section 46(3) was amended by paragraphs 2 and 18 of Schedule 6 to the Utilities Act 2000.

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