Gas Act 1986

28 Orders for securing compliance with certain provisions. E+W+S

(1) Subject to subsections (2) and (5) and section 29 below, where the Director is satisfied that a public gas supplier is contravening, or [F1 is likely] to contravene, any relevant condition or requirement, the Director shall by a final order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.

(2) Subject to subsection (5) below, where it appears to the Director—

(a) that a public gas supplier is contravening, or [F1 is likely] to contravene, any relevant condition or requirement; and

(b) that it is requisite that a provisional order be made,

the Director shall (instead of taking steps towards the making of a final order) by a provisional order make such provision as appears to him requisite for the purpose of securing compliance with that condition or requirement.

(3) In determining for the purposes of subsection (2)(b) above whether it is requisite that a provisional order be made, the Director shall have regard, in particular—

(a) to the extent to which any person is likely to sustain loss or damage in consequence anything which, in contravention of the relevant condition or requirement, is likely to be done, or omitted to be done, before a final order may be made; and

(b) to the fact that the effect of the provisions of this section and section 30 below is to exclude the availability of any remedy (apart from under those provisions or for negligence) in respect of any contravention of a relevant condition or requirement.

(4) Subject to subsection (5) and section 29 below, the Director shall confirm a provisional order, with or without modifications, if—

(a) he is satisfied that the public gas supplier is contravening, or [F1 is likely] to contravene, any relevant condition or requirement; and

(b) the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.

(5) The Director shall not make a final order or make or confirm a provisional order if he is satisfied—

(a) that the duties imposed on him by section 4 above preclude the making or, as the case may be, the confirmation of the order[F2 (aa) that the public gas supplier has agreed to take and is taking all such steps as it appears to the Director for the time being to be appropriate for the supplier to take for the purpose of securing or facilitating compliance with the condition or requirement in question;]; or

(b) that the contraventions were or the apprehended contraventions are of a trivial nature.

(6) Where the Director is satisfied as mentioned in subsection (5) above, he shall—

(a) give notice that he is so satisfied to the public gas supplier; and

(b) publish a copy of the notice in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

(7) A final or provisional order—

(a) shall require the public gas supplier (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;

(b) shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and

(c) may be revoked at any time by the Director.

(8) In this section and sections 29 and 30 below—

• “final order” means an order under this section other than a provisional order;

• “provisional order” means an order under this section which, if not previously confirmed under subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order;

• “relevant condition”, in relation to a public gas supplier, means any condition of his authorisation;

• “relevant requirement”, in relation to a public gas supplier, means any requirement imposed on him by or under section 9(1) or (2), 10(1), 11(4), 12(1) [F3 14(1) or (3), 14A(4) or 15B] above [F4 or section 33B, 33D or 33E below] or any provision of paragraphs 1 to 4 and 14 of Schedule 5 to this Act.

Textual Amendments

F1 Words in s. 28(1)(2)(4)(a) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 48(2); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt.I.

F2 S. 28(5)(aa) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 48(3); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.

F3 Words in s. 28(8) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 6(a); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.

F4 Words in s. 28(8) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 6(b); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.