Enforcement provisions of the Gas Act 1986E+W+S
This section has no associated Explanatory Memorandum
37.—(1) Part 1 of the Gas Act 1986 (gas supply) is amended as follows.
(2) In section 22 (effect of directions) —
(a)in subsection (1)—
(i)omit “, 19B(11), 19D(11)”;
(ii)for the words from “and the obligation” to “are duties” substitute “ is a duty ”;
(b)in subsection (3) omit “or relevant duties”;
(c)omit subsection (5).
(3) For the italic heading preceding section 28 substitute—
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“Enforcement of obligations of regulated persons”. |
(4) In each of the following provisions, for “licence holder” wherever it occurs substitute “ regulated person ”
(a)section 28 (orders for securing compliance with certain provisions);
(b)section 29 (procedural requirements) ;
(c)section 30 (validity and effect of orders) ;
(d)section 30A (penalties) ;
(e)section 30C (time limits on the imposition of penalties) ;
(f)section 30E (appeals) ;
(g)section 30F (recovery of penalties) ;
(h)section 38(1) (power to require information etc) .
(5) In section 28(8)—
(a)after the definition of “provisional order” insert—
““regulated person” means a person who is one or more of the following—
(b)
a distribution exemption holder;
(c)
a supply exemption holder;
(d)
the owner of a storage facility;
(e)
the owner of an LNG import or export facility;
(f)
a gas undertaking which is a relevant producer or supplier;”;
(b)in the definition of “relevant condition”, for “his licence” substitute “ any licence held by that person ”;
(c)in the definition of “relevant requirement”, for the words from “him” to the end of the definition substitute “ that person under a provision specified in Schedule 4B as a relevant provision in respect of that person ”.
(6) After Schedule 4A (as inserted by regulation 41(7)) insert the Schedule set out in Schedule 3.