The Gas (Meters) (Amendment) Regulations 1993

8.  The following regulations shall be inserted after regulation 4 of the Principal Regulations—

“Revocation of approval of pattern and construction

4A.— (1) The Secretary of State may, after consultation with such persons appearing to him to be interested as he thinks fit, revoke any approval of pattern and construction which was granted under section 17(3) of the Gas Act 1986 or for the purpose of regulation 3A(2)(a) above after the date on which these Regulations come into force if he considers that—

(a) meters of the approved pattern and construction have revealed in service a defect of a general nature which makes them unsuitable for their intended use; or

(b) meters of the approved pattern and construction can no longer be manufactured so as to comply with standards applicable under regulation 3 above.

(2) Where the Secretary of State revokes an approval of pattern and construction under paragraph (1) above—

(a) he shall give a statement in writing of his grounds for doing so to any person appearing to him to be concerned; and

(b) he may publish in the London and Edinburgh Gazettes a notice requiring all meters of the pattern and construction in question used for the purpose of ascertaining the quantity of gas supplied through pipes to any person to be replaced within a period of six months beginning with the date of the notice.

(3) The Secretary of State may at any time withdraw a notice under paragraph (2)(b) above by publishing a notice of withdrawal in the London and Edinburgh Gazettes.

Offences

4B.— (1) Any person who supplies gas through a meter—

(a) which has not been overhauled in accordance with a requirement imposed under regulation 3B(1) above; or

(b) which has not been replaced in accordance with a requirement of a notice published under regulation 4A(2)(b) above;

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Where the commission by any person of an offence under paragraph (1) above is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

(3) In any proceedings for an offence under paragraph (1) above it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.”.