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The Gas (Individual Standards of Performance) Regulations (Northern Ireland) 2014

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7.—(1) This regulation applies where the conveyance of gas to a customer’s premises is discontinued as a result of a failure of, fault in or damage to the pipe-line system operated by the relevant gas conveyor.

(2) Where this regulation applies, the relevant gas conveyor shall, except in any of the circumstances described in paragraph (3), pay the prescribed sum to the customer—

(a)where the conveyance of gas is not resumed to the customer’s premises within the prescribed period from the applicable date; and

(b)in respect of each succeeding prescribed period upon the expiry of which the conveyance of gas is not resumed.

(3) The circumstances described in this paragraph are—

(a)each of the circumstances described in regulation 15;

(b)that the relevant event was caused by the act or default of the customer;

(c)that the relevant event resulted in the discontinuance of conveyance of gas to more than 30,000 or 20%, whichever is the lower, of premises of customers (whether domestic or non-domestic) of the relevant gas conveyor;

(d)that the making of an additional payment of the prescribed sum in respect of the continuation of the breach under paragraph (2) would cause the aggregate of the prescribed payments to the customer in respect of the relevant event to exceed £1,000;

(e)that the discontinuance of conveyance of gas to the customer’s premises would not have occurred but for a failure of, fault in or damage to the pipe-line system of another gas conveyor and the relevant gas conveyor has so notified the other gas conveyor within 5 working days from the end of the relevant event specifying—

(i)the number of customers affected;

(ii)whether each of the customers affected is a domestic customer or a non-domestic customer; and

(iii)the duration of the discontinuance of conveyance of gas for each of the customers affected;

(f)that the relevant event was caused by severe weather conditions or other circumstances of an exceptional nature beyond the control of the gas conveyor and the gas conveyor had taken all such steps as it was reasonable to take both to prevent the circumstances from occurring and to prevent them for having that effect; or

(g)that the customer’s premises are premises to which the conveyance of gas is at a rate in excess of 73,250 kWh a year.

(4) In the circumstance described in paragraph (3)(e) this regulation shall apply to the other gas conveyor as if he were the relevant gas conveyor.

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