Gas Act 1986

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

(1) Subject to subsections (2)[F1 , (5) and (5A)] and section 29 below, where the Director is satisfied that a [F2 licence holder] is contravening, or [F3 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 [F4 subsections (5) and (5A)] below, where it appears to the Director—

(a) that a [F2 licence holder] is contravening, or [F3 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 [F4 subsections (5) and (5A)] and section 29 below, the Director shall confirm a provisional order, with or without modifications, if—

(a) he is satisfied that the [F2 licence holder] is contravening, or [F3 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 [F5 section [F6 4AA, 4AB or 4A] preclude the making or, as the case may be, the confirmation of the order

F7 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (c) that the most appropriate way of proceeding is under the Competition Act 1998.]

[F9 (5A) The Authority is not required to make a final order or make or confirm a provisional order if it is satisfied—

(a) that the licence holder has agreed to take and is taking all such steps as it appears to the Authority for the time being to be appropriate for the licence holder 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 [F4 subsections (5) [F10 or] (5A)] above, he shall—

(a) give notice that he is so satisfied to the [F11 licence holder]; 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 [F11 licence holder] (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.

F12 (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this section and sections 29 [F13 to 30F] 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 [F14 licence holder], means any condition of his [F14 licence holder];

• [F15 “relevant requirement”, in relation to a licence holder, means any requirement imposed on him by or under section 9(1)[F16 , (1A)] or (2), 10(2), (3) or (14), [F17 10A(1),] 11(2), 12(1) or (6)[F16 , 16(10),], 18(11), 22A(1) or 27A(5) or (6) above or section 33B, [F16 33BA, 33C,] F18 ... 33D [F19 , 33DB] [F20 , 33F, 41A or 41B] below or any provision of paragraphs 3, 6, 15, 16, 20(5) and 28(2) of Schedule 2B to this Act [F21 or section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements under section 24 of that Act)][F22 , or section 43, 46 or 47 of that Act (complaints).]]

F23 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Words in s. 28(1) substituted (1.10.2001) by 2000 c. 27, s. 96(2) (with s. 96(7)) (with s. 96(7)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)

F2 Words in s. 28(1)(2)(4) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 27(1); S.I. 1996/218, art. 2

F3 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.

F4 Words in s. 28(2)(4)(6) substituted (1.10.2001) by 2000 c. 27, s. 96(3) (with s. 96(7)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)

F5 Words in s. 28(5) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 27(2)(a); S.I. 1996/218, art. 2

F6 Words in s. 28(5)(a) substituted (20.12.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 11; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)

F7 S. 28(5)(aa)(b) repealed (1.10.2001) by 2000 c. 27, ss. 96(4), 108, Sch. 8 (with s. 96(7)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)

F8 S. 28(5)(c) inserted (1.3.2000) by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. IV para. 10(5) (with s. 73); S.I. 2000/344, art. 2 Sch.

F9 S. 28(5A) inserted (1.10.2001) by 2000 c. 27, s. 96(5) (with s. 96(7)); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F10 Word in s. 28(6) substituted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 7 para. 6; S.I. 2008/2550, art. 2, Sch.

F11 Words in s. 28(6)(7) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 27(3); S.I. 1996/218, art. 2

F12 S. 28(7A) repealed (1.10.2001) by 2000 c. 27, ss. 95(2)(a), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)

F13 Words in s. 28(8) substituted (1.10.2001) by 2000 c. 27, s. 95(2)(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)

F14 Words in s. 28(8) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 27(5)(a); S.I. 1996/218, art. 2

F15 Definition of “relevant requirement” in s. 28(8) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 27(5)(b); S.I. 1996/218, art. 2

F16 Words in definition of “relevant requirement” in s. 28(8) inserted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 12(a)-(c); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F17 Words in definition of “relevant requirement” in s. 28(8) inserted (1.10.2001) by 2000 c. 27, s. 77(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)

F18 Word in s. 28(8) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 12(c); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F19 Word in s. 28(8) inserted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 5 para. 1(2) (with s. 48(3)); S.I. 2008/2550, art. 2, Sch.

F20 Words in definition of “relevant requirement” in s. 28(8) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 12(e); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)

F21 Words in s. 28(8) substituted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 2 para. 1 (with s. 6(9)); S.I. 2008/2550, art. 2, Sch.

F22 Words in s. 28(8) inserted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 52(1), 66(2) (with s. 48(3)); S.I. 2008/2550, art. 2, Sch.

F23 S. 28(9) repealed (1.10.2001) by 2000 c. 27, ss. 95(2)(a), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)