9.—(1) This regulation applies where—
(a)in respect of paragraphs (3)(a) and (3)(b), a relevant gas conveyor receives a request for a quotation for obtaining a new connection or altering an existing connection from a customer; or
(b)in respect of paragraph (3)(c), a customer challenges a quotation under the relevant gas conveyor’s published accuracy scheme,
in each case in respect of gas conveyed to premises at a pressure of less than 7 bar gauge and excluding domestic developments, non-domestic developments, complex connections and excluded connections.
(2) For the purposes of paragraph (1) where the relevant gas conveyor receives a request for a quotation, or the acceptance of a quotation after 5pm on a working day or at any time on any other day, the request for a quotation or acceptance of the quotation shall be deemed to have been received on the next following working day.
(3) Where this regulation applies and the relevant gas conveyor—
(a)fails within the prescribed period from the applicable date to issue to a customer a standard quotation, for providing a new connection or altering an existing connection up to and including 275kWh per hour; or
(b)fails within the prescribed period from the applicable date to issue to a customer—
(i)a non-standard quotation for providing a new connection or altering an existing connection up to and including 275kWh per hour; or
(ii)a non-standard quotation, for providing a new connection or altering an existing connection greater than 275kWh per hour; or
(c)fails to provide the customer with an accurate quotation,
the relevant gas conveyor shall, except in the circumstances described in paragraph (6)—
(i)in respect of paragraphs (3)(a) and (3(b) pay to the customer the prescribed sum in respect of the initial failure and each additional working day during which the failure continues (including the day on which the appropriate action is taken to meet the requirements of the relevant sub-paragraphs); and
(ii)in respect of paragraph (3)(c) refund the customer any overcharge that has been paid.
(4) In the event that the customer challenges a quotation provided by the relevant gas conveyor in accordance with any published accuracy scheme and such quotation is found not to be accurate, the quotation will be deemed invalid and the provisions of paragraph (3)(a) and (3)(b) shall apply until the relevant gas conveyor issues a revised quotation to the customer.
(5) Notwithstanding paragraph (4), the relevant gas conveyor shall refund to the customer any overcharge.
(6) The circumstances described in this paragraph are—
(a)each of the circumstances described in regulation 15 provided that in relation to paragraph (6) of that regulation, the relevant gas conveyor gave the customer not less than one working day’s prior warning (whether or not in writing) that he would be unable to keep the timed appointment or the circumstances referred to in that paragraph occurred at a time when it was not reasonably practicable to give such a warning;
(b)that the making of an additional payment of the prescribed sum in respect of the continuation of any one breach under sub-paragraphs (3)(a) and (3)(b) would cause the aggregate of the prescribed payments to the customer in respect of that breach under that sub-paragraph to exceed—
(i)the lesser of £250 or the quotation sum for the provision of a new connection or altering an existing connection up to and including 275kWh per hour;
(ii)the lesser of £500 or the quotation sum for the provision of a new connection or altering an existing connection greater than 275kWh per hour;
(c)that the relevant gas conveyor is unable to provide an accurate quotation within the relevant time scales since the quotation will include costs that can only be negotiated with and paid to a third party;
(d)that consents are required from third parties and such consents cannot by reasonable endeavours be obtained;
(e)in respect of a standard or non-standard quotation made without a site visit, that an assumption made by the relevant gas conveyor in providing the quotation is incorrect because information provided by the customer was either incomplete or incorrect;
(f)that any visit is made wholly or mainly in connection with disconnecting the premises in exercise of a power granted to it pursuant to its licence as held under Article 8(1)(a) of the Gas Order;
(g)where the service relates to the provision of metering services as defined in the licence of the gas conveyor issued under Article 8(1)(a) of the Gas Order; or
(h)in respect of paragraph (1)(a) and (1)(b) the gas conveyor considers that a request or requests received from the customer or a person acting with apparent authority for one or more customers were frivolous or vexatious.
(7) In this regulation “quotation sum” means the price originally quoted for the connection.