Gas Act 1965

17 Accidents. E+W

(1) If—

(a) there is a leakage of gas from an underground gas storage, or from the boreholes connected with an underground gas storage, or

(b) some other event occurs which is of a kind which the Minister has by notice served on the [F1 public gas transporter] specified for the purposes of this section,

notice of the event, in such form and accompanied by such particulars as may be specified by the Minister, shall forthwith be given by the [F1 public gas transporter] to the Minister; and a [F1 public gas transporter] failing to comply with this subsection shall be guilty of an offence under this Part of this Act.

(2) The Minister may, where he thinks it expedient so to do, direct an inquiry to be held into any event notice of which is to be given under the foregoing subsection, or any other event connected with the underground gas storage.

The inquiry shall be held in public and in accordance with the provisions of Schedule 5 to this Act.

(3) The Minister may, whether or not he proposes to hold an inquiry in public under the last foregoing subsection into any event connected with an underground gas storage, appoint one of his officers or some other competent person to investigate the event and to make a special report with respect to it, and the Minister may cause any such report to be made public at such time and in such manner as he thinks fit.

(4) Where, in the case of an event in Scotland that causes the death of a person, the Minister directs an inquiry to be held in public under this section, no inquiry with regard to that death shall, unless the Lord Advocate otherwise directs, be held in pursuance of the M1 Fatal Accidents [F2 and Sudden Deaths Inquiry (Scotland) Act 1976].

(5) It shall be the duty of the [F1 public gas transporter] to make arrangements—

(a) [F3 for the National Rivers Authority and for every police force, fire authority, statutory water undertakers and sewerage undertakers] who appear to them to be authorities on whom duties will or may fall, or who will or may have to take precautionary or preventive action, in any event within paragraphs (a) and (b) of subsection (1) of this section, and

(b) for such other bodies as the Minister may specify by notice given to the [F1 public gas transporter], being bodies appearing to him to have duties to discharge in any such event,

to be notified immediately on the occurrence of any such event; and the [F1 public gas transporter] shall provide those authorities and bodies with such plans, maps and other information as they may reasonably require in order to enable [F4 him] to carry out those duties.

A [F1 public gas transporter] failing to comply with this subsection shall be guilty of an offence under this Part of this Act.

(6) A [F1 public gas transporter] guilty of an offence under this Part of this Act by virtue of this section shall be liable on summary conviction to a fine not exceeding [F5 level 3 on the standard scale].

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words in Pt. 11 (ss. 4-28) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 7(1); S.I. 1996/218, art.2

F2 Words substituted by Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14, SIF 36:3), Sch. 1 para. 1

F3 Words in s. 17(5)(a) substituted by 1989 c. 15, s. 190(1), Sch. 25 para. 32(4) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F4 Word substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(15), Sch. 8 para. 33

F5 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Marginal Citations

M1 1976 c. 14.(36:3)

17 Accidents. S

(1) If—

(a) there is a leakage of gas from an underground gas storage, or from the boreholes connected with an underground gas storage, or

(b) some other event occurs which is of a kind which the Minister has by notice served on the [F6 public gas transporter] specified for the purposes of this section,

notice of the event, in such form and accompanied by such particulars as may be specified by the Minister, shall forthwith be given by the [F6 public gas transporter] to the Minister; and a [F6 public gas transporter] failing to comply with this subsection shall be guilty of an offence under this Part of this Act.

(2) The Minister may, where he thinks it expedient so to do, direct an inquiry to be held into any event notice of which is to be given under the foregoing subsection, or any other event connected with the underground gas storage.

The inquiry shall be held in public and in accordance with the provisions of Schedule 5 to this Act.

(3) The Minister may, whether or not he proposes to hold an inquiry in public under the last foregoing subsection into any event connected with an underground gas storage, appoint one of his officers or some other competent person to investigate the event and to make a special report with respect to it, and the Minister may cause any such report to be made public at such time and in such manner as he thinks fit.

(4) Where, in the case of an event in Scotland that causes the death of a person, the Minister directs an inquiry to be held in public under this section, no inquiry with regard to that death shall, unless the Lord Advocate otherwise directs, be held in pursuance of the M2 Fatal Accidents [F7 and Sudden Deaths Inquiry (Scotland) Act 1976].

(5) It shall be the duty of the [F6 public gas transporter]to make arrangements—

(a) for every police force, fire authority, river authority F8 ... [F9 , river purification authority] and statutory water undertakers who appear to them to be authorities on whom duties will or may fall, or who will or may have to take precautionary or preventive action, in any event within paragraphs (a) and (b) of subsection (1) of this section, [F9 and]

[F10 (zaa) if it appears to them that Scottish Water will or may have duties to discharge, or will or may have to take precautionary or preventative action, in any such event, for that body,]

[F11 (aa) if it appears to them that the Scottish Environment Protection Agency will have duties to discharge in any such event, for that body, and]

(b) for such other bodies as the Minister may specify by notice given to the [F6 public gas transporter], being bodies appearing to him to have duties to discharge in any such event,

to be notified immediately on the occurrence of any such event; and the [F6 public gas transporter] shall provide those authorities and bodies with such plans, maps and other information as they may reasonably require in order to enable [F12 him] to carry out those duties.

A [F6 public gas transporter] failing to comply with this subsection shall be guilty of an offence under this Part of this Act.

(6) A [F6 public gas transporter] guilty of an offence under this Part of this Act by virtue of this section shall be liable on summary conviction to a fine not exceeding [F13 level 3 on the standard scale].

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F6 Words in Pt. II (ss. 4-28) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 7(1); S.I. 1996/218, art. 2

F7 Words substituted by Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14, SIF 36:3), Sch. 1 para. 1

F8 Words in s. 17(5)(a) repealed (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 4(3)(a)

F9 Words in s. 17(5)(a) ceased to have effect (1.4.1996) by S.I. 1996/973, reg. 2 Sch. para. 3(2)(a)

F10 S. 17(5)(zaa) inserted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 4(3)(b)

F11 S. 17(5)(aa) added (1.4.1996) by 1996/973, reg. 2 Sch. para.3(2)(b)

F12 Word substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(15), Sch. 8 para. 33

F13 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Marginal Citations

M2 1976 c. 14.(36:3)