Modifications etc. (not altering text)
C1Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(b), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(e) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Pt. I applied (1.3.1996) by 1995 c. 45, s. 6(7); S.I. 1996/218, art. 2
Pt. I applied (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 1; S.I. 1996/218, art. 2
Textual Amendments
F1S. 12 and preceding cross-heading substituted for s. 12 (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 6; S.I. 1996/218, art. 2
(1)Subject to sections 13 and 14 below, a public gas supplier shall charge for gas supplied by him according to the number of therms supplied, that number being calculated in the prescribed manner on the basis of the declared calorific value of the gas.
(2)In this Part—
“calorific value”, in relation to any gas, means the number of megajoules (gross) which would be produced by the combustion of one cubic metre of the gas measured at a temperature of 155C and a pressure of 1013.25 millibars and, if the Secretary of State so determines, containing such an amount of water vapour as is specified in the determination;
“declared calorific value”, in relation to any gas supplied by a public gas supplier, means calorific value declared by the supplier in accordance with regulations under subsection (3) below.
(3)Regulations shall make provision—
(a)as to the time when, and the manner in which, the calorific value of gas supplied by a public gas supplier is to be declared, and is to be brought to the notice of consumers;
(b)as to the time when any such declaration is to take effect; and
(c)for the adjustment of charges for gas in cases where an alteration of declared calorific value occurs in the course of a period for which such charges are made.
Modifications etc. (not altering text)
C2S. 12 amended (1.4.1992) (temp. until 1.1.2000) by S.I. 1992/450, reg. 3(4)(a)
(1)If regulations under this section so provide, the number of therms supplied by a public gas supplier may, to such an extent as he thinks fit, be calculated in the prescribed manner on the basis of actual calorific values of the gas determined by the supplier in accordance with the regulations; and a public gas supplier is a relevant supplier for the purposes of this section in so far as the number of therms supplied by him is so calculated.
(2)Regulations may make provision—
(a)for requiring determinations of actual calorific values of gas supplied by relevant suppliers to be made at such places, at such times and in such manner as the Secretary of State may direct;
(b)for requiring such premises, apparatus and equipment as the Secretary of State may direct to be provided and maintained by relevant suppliers for the purpose of making such determinations;
(c)as to the manner in which calculations of the number of therms supplied by relevant suppliers are to be made; and
(d)as to the manner in which the results of such determinations are, and prescribed information with respect to the making of such calculations is, to be made available to the public.
(3)The Secretary of State shall appoint competent and impartial persons to carry out tests of apparatus and equipment provided and maintained by relevant suppliers in pursuance of regulations under this section for the purpose of ascertaining whether they comply with the regulations.
(4)Regulations may make provision—
(a)for persons representing the relevant supplier concerned to be present during the carrying out of such tests;
(b)for the manner in which the results of such tests are to be made available to the public; and
(c)for conferring powers of entry on property of relevant suppliers for the purposes of carrying out such tests and otherwise for the purposes of this section.
(5)There shall be paid out of money provided by Parliament to the persons appointed under subsection (3) above such remuneration and such allowances as may be determined by the Secretary of State with the approval of the Treasury, and such pensions as may be so determined may be paid out of money provided by Parliament to or in respect of those persons.
(6)Every person who is a relevant supplier during any period shall pay to the Secretary of State such proportion as the Secretary of State may determine of—
(a)any sums paid by him under subsection (5) above in respect of that period; and
(b)such part of his other expenses for that period as he may with the consent of the Treasury determine to be attributable to his functions in connection with the testing of apparatus and equipment for the purposes of this section;
and any liability under this subsection to pay to the Secretary of State sums on account of pensions (whether paid by him under subsection (5) above or otherwise) shall, if the Secretary of State so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Treasury, by reference to remuneration.
(7)The reference in subsection (6) above to expenses of the Secretary of State includes a reference to expenses incurred by any government department in connection with the [F2Department of Trade and Industry], and to such as the Treasury may determine in respect of the use for the purposes of that Department of any premises belonging to the Crown.
(8)Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.
Textual Amendments
F2Words in s. 13(7) substituted (5.7.1992) by S.I. 1992/1314, art. 3(3), Sch. para. 2(a)
Modifications etc. (not altering text)
C3S. 13(1)(2)(c) amended (1.4.1992) (temp. until 1.1.2000) by S.I. 1992/450, reg. 3(4)(a)
(1)Subject to the following provisions of this section, the prices to be charged by a public gas supplier for the supply of gas by him shall be in accordance with such tariffs as may be fixed from time to time by him, and those tariffs, which may relate to the supply of gas in different areas, cases and circumstances, shall be so framed as to show the methods by which and the principles on which the charges are to be made as well as the prices which are to be charged, and shall be published in such manner as in the opinion of the supplier will secure adequate publicity for them.
(2)A tariff fixed by a public gas supplier under subsection (1) above may include a standing charge in addition to the charge for the actual gas supplied, and may also include a rent or other charge in respect of any gas meter or other gas fittings provided by the supplier on the premises of the consumer.
(3)In fixing tariffs under subsection (1) above, a public gas supplier shall not show undue preference to any person or class of persons, and shall not exercise any undue discrimination against any person or class of persons; but this subsection shall not apply in relation to tariffs fixed under that subsection with respect to the prices to be charged for therms supplied to any premises in excess of 25,000 therms in any period of twelve months.
(4)Notwithstanding anything in section 12 or 13 above or the preceding provisions of this section, a public gas supplier may enter into a special agreement with any consumer for the supply of gas to him on such terms as may be specified in the agreement if either—
(a)the tariffs in force are not appropriate owing to special circumstances; or
(b)the agreement provides for a minimum supply of gas to any premises in excess of [F32,500 therms] in any period of twelve months.
(5)In this Part “tariff customer” means a person who is supplied with gas by a public gas supplier otherwise than in pursuance of such an agreement as is mentioned in subsection (4) above.
Textual Amendments
F3Words in s. 14(4)(b) substituted (6.8.1992) by S.I. 1992/1751, art. 2(c).
Valid from 01/09/1992
(1)Any dispute arising under section 9(1)(b), 10, 11 or 14 above, or any provision of paragraphs 1 to 4 of Schedule 5 to this Act (“the relevant provisions”), between a public gas supplier and a person who is, or wishes to become, a tariff customer of that supplier—
(a)may be referred to the Director by either party, or with the agreement of either party, by the Council; and
(b)on such a reference, shall be determined by order made either by the Director, or if he thinks fit by an arbitrator (or in Scotland arbiter), appointed by him.
(2)Any person making an order under subsection (1) above shall include in the order his reasons for reaching his decision with respect to the dispute.
(3)The practice and procedure to be followed in connection with any such determination shall be such as the Director may consider appropriate.
(4)Where any dispute between a public gas supplier and a person requiring a supply of gas falls to be determined under this section, the Director may give directions as to the circumstances in which, and the terms on which, the supplier is to give or (as the case may be) to continue to give the supply pending the determination of the dispute.
(5)Where any dispute arising under section 11(1) above falls to be determined under this section, the Director may give directions as to the security (if any) to be given pending the determination of the dispute.
(6)Any direction under subsection (4) or (5) above may be expressed to apply either in relation to a particular case or in relation to a class of case.
(7)An order under this section—
(a)may include such incidental, supplemental and consequential provision (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order) as that person considers appropriate; and
(b)shall be final and—
(i)in England and Wales enforceable, in so far as it includes such provision as to costs or expenses, as if it were a judgment of a county court; and
(ii)in Scotland, enforceable as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.
(8)In including in an order under this section any such provision as to costs or expenses, the person making the order shall have regard to the conduct and means of the parties and any other relevant circumstances.]
Textual Amendments
F4S. 14A inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 16; Commencement Order No. 1 made on 29.5.1992, art. 4, Sch. Pt. II.
The provisions of Schedule 5 to this Act (which relate to the supply of gas by public gas suppliers and connected matters) shall have effect.
(1)The Director may, after consulting the public gas suppliers and persons or bodies appearing to him to be representative of persons likely to be affected, from time to time—
(a)determine such standards of performance in connection with the promotion of the efficient use of gas by consumers as, in his opinion, ought to be achieved by public gas suppliers; and
(b)arrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined.
(2)Different standards may be determined for different public gas suppliers.
(3)Each public gas supplier shall, in such form and manner and with such frequency as the Director may direct, take steps to inform his customers of—
(a)the standards determined under this section which are applicable to that supplier; and
(b)that supplier’s level of performance as respects those standards.]
Textual Amendments
F5S. 15B inserted (1.7.1992) by 1992 c. 43, s. 15; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I