their interests in F8the Secretary of State’s compliance with the duties in sections 1 and 4(1)(b) of the Climate Change Act 2008 (net zero target for 2050 and five-year carbon budgets); F9...

their interests in the security of the supply of gas to them F10; and

to what extent the interests referred to in subsection (1) of consumers would be protected by that manner of carrying out those functions; and

whether there is any other manner (whether or not it would promote competition as mentioned in subsection (1B)) in which the Secretary of State or the Authority (as the case may be) could carry out those functions which would better protect those interests.

the need to secure that, so far as it is economical to meet them, all reasonable demands in Great Britain for gas conveyed through pipes are met; and

the need to secure that licence holders are able to finance the activities which are the subject of obligations imposed by or under this Part F14, the Utilities Act 2000 F15, Part 5 of the Energy Act 2008 or section 4, Part 2, or sections 26 to 29 of the Energy Act 2010 F16; and

the need to contribute to the achievement of sustainable development.

individuals who are disabled or chronically sick;

individuals of pensionable age;

individuals with low incomes; and

individuals residing in rural areas;

the interests of consumers in relation to electricity conveyed by distribution systems F18or transmission systems (within the meaning of the M1Electricity Act 1989); and

to promote efficiency and economy on the part of persons authorised by licences or exemptions to carry on any activity, and the efficient use of gas conveyed through pipes;

to protect the public from dangers arising from the conveyance of gas through pipes or from the use of gas conveyed through pipes F22or the provision of a smart meter communication service ;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to secure a diverse and viable long-term energy supply,

the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed; and

any other principles appearing to him or, as the case may be, it to represent the best regulatory practice.

the Authority;

Citizens Advice;

F37Consumer Scotland;

licence holders; and

such other persons as the Secretary of State considers it appropriate to consult in relation to the guidance.

the day on which the draft is laid before each House of Parliament; or

if the draft is laid before the House of Lords on one day and the House of Commons on another, the later of those two days.

Parliament is dissolved or prorogued; or

both Houses are adjourned for more than four days.

members of the public; or

persons employed in connection with the conveyance of gas through pipes or the supply of gas conveyed through pipes.

in the exercise of functions relating to the determination of disputes; or

in the exercise of functions under section 36A(3).

consult and cooperate with the F50Northern Ireland Authority;

provide the F51Northern Ireland Authority with information F52it may require in order to carry out F53 its designated regulatory functions; F54...

consult relevant national authorities;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the promotion and facilitation of cooperation between transmission system operators;

the optimal management of gas networks;

the promotion of jointly managed F59trade in gas between Great Britain and Northern Ireland and the allocation of F60capacity between Great Britain and Northern Ireland;

ensuring an adequate level of interconnection capacity;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

the coordination of the regulation of gas markets, including rules concerning the management of congestion of gas networks.

F71otherwise than by means of a gas interconnector conveys gas through pipes to any premises, or to a pipe-line system operated by a F72gas transporter;

participates in the operation of a gas interconnector;

supplies to any premises gas which has been conveyed to those premises through pipes; F74...

arranges with a F72gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that transporterF75; or

provides a smart meter communication service,

on summary conviction to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine.

co-ordinating and directing the conveyance of gas into or through a gas interconnector; or

making such an interconnector available for use for the conveyance of gas.

is situated at a place within the jurisdiction of Great Britain; and

subsists wholly or primarily for the purposes of the conveyance of gas (whether in both directions or in only one) between Great Britain and another country or territory.

either to a person or to persons of a class;

either generally or to such extent as may be specified in the order; and

either unconditionally or subject to such conditions as may be so specified.

stating that he proposes to make such an order and setting out the terms of the proposed order;

stating the reasons why he proposes to make the order in the terms proposed; and

specifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposals may be made,

by serving a copy of it on the Authority F84, Citizens Advice and F85Consumer Scotland; and

by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of those likely to be affected by the proposed order.

by serving a copy of the exemption on him; and

by publishing the exemption in such manner as the Secretary of State considers appropriate for bringing it to the attention of other persons who may be affected by it.

persons of that class; and

other persons who may be affected by it.

indefinitely; or

for a period specified in, or determined by or under, the exemption.

to comply with any direction given by the Secretary of State or the Director as to such matters as are specified in the exemption or are of a description so specified;

except in so far as the Secretary of State or the Director consents to his doing or not doing them, not to do or to do such things as are specified in the exemption or are of a description so specified; and

to refer for determination by the Secretary of State or the Director such questions arising under the exemption as are specified in the exemption or are of a description so specified.

at the person’s request;

in accordance with any provision of the order by which the exemption was granted; or

if it appears to the Secretary of State inappropriate that the exemption should continue to have effect.

in accordance with any provision of the order by which the exemption was granted; or

if it appears to the Secretary of State inappropriate that the exemption should continue to have effect.

at the person’s request;

in accordance with any provision of the order by which the exemption was granted; or

if it appears to the Secretary of State inappropriate that the exemption should continue to have effect in the case of the person.

making an order under subsection (5)(b) or (c) or (6); or

giving a direction under subsection (7)(b) or (c),

where the Secretary of State is proposing to make an order under subsection (5)(b) or (c), by serving a copy of it on the person to whom the exemption was granted;

where he is proposing to make an order under subsection (6), by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons of the class of persons to whom the exemption was granted; and

where he is proposing to give a direction under subsection (7)(b) or (c), by serving a copy of it on the person from whom he proposes to withdraw the exemption.

the carrying on of activities authorised by the licence;

the conveyance through pipes of gas which is in the course of being conveyed to or from a country or territory outside Great Britain.

to convey gas through pipes to any premises in an authorised area of his, that is to say, F92any area specified in the licence as it has effect for the time being;

to convey gas through pipes either to any pipe-line system operated by another F93gas transporter, or to any pipe-line system so operated which is specified in the licence or an extension of the licence.

as if any area or pipe-line system specified in the direction were specified in the licence;

in the case of a licence under subsection (2)(a) above, as if it were also a licence under subsection (2)(b) above and any pipe-line system specified in the direction were specified in the licence; or

in the case of a licence under subsection (2)(b) above, as if it were also a licence under subsection (2)(a) above and any area specified in the direction were specified in the licence;

stating that he proposes to grant the licence F98. . .;

stating the reasons why he proposes to grant the licence F98. . .; and

specifying the time from the date of publication of the notice (not being less than two months F98. . .) within which represent- ations or objections with respect to the proposed licence F98. . . may be made,

by publishing the notice in such manner as the Director considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the licence F98. . .; and

by sending a copy of the notice to the Secretary of State, to the Health and Safety Executive and to any F93gas transporter whose area includes the whole or any part of the area proposed to be specified in the licence F98. . ..

stating that the licence has been granted; and

explaining that, as a result, it might be necessary for those persons to be licensed under section 7A below.

“relevant main” has the same meaning as in section 10 below;

references to an area specified in a licence or direction include references to an area included in an area so specified; and

references to a pipe-line system specified in a licence or direction include references to a pipe-line system of a description, or situated in an area, so specified.

must specify the interconnector or interconnectors in relation to which participation is authorised; and

may limit the forms of participation in the operation of an interconnector which are authorised by the licence.

to supply, to any premises specified in the licence, gas which has been conveyed through pipes to those premises; and

to supply, to any premises at a rate which, at the time when he undertakes to give the supply, he reasonably expects to exceed 2,500 therms a year, gas which has been conveyed through pipes to those premises.

as if any premises specified in the direction were specified in the licence; or

in the case of a licence under subsection (1)(b) above, as if it were also a licence under subsection (1)(a) above and any premises specified in the direction were specified in the licence,

in the case of a licence or extension, artificially to exclude from the licence or extension; or

in the case of a restriction, artificially to include in the restriction,

will secure continuity of supply for all relevant consumers; and

in the case of each such consumer who is supplied with gas in pursuance of a contract, will secure such continuity on the same terms as nearly as may be as the terms of the contract.

immediately before the restriction or revocation takes effect, he is being supplied with gas by the holder of the licence; and

in the case of a restriction, his premises are excluded from the licence by the restriction;

publish a notice of the application in the prescribed manner; and

in the case of an application for a licence or extension under section 7 above, give notice of the application to any F108gas transporters whose authorised area includes the whole or any part of the area to which the application relates.

stating that it proposes to refuse the application;

stating the reasons why it proposes to refuse the application; and

specifying the time within which representations with respect to the proposed refusal may be made,

such conditions (whether or not relating to the activities authorised by the licence) as appear to the F111grantor to be requisite or expedient having regard to the duties imposed by F112sections 4AA, 4AB and 4A;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

conditions requiring the rendering to the Director of a payment on the grant of the licence or payments during the currency of the licence or both of such amount or amounts as may be determined by or under the licence; F114. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may require the licence holder to enter into agreements with other persons for the use of any pipe-line system of his (wherever situated and whether or not used for the purpose of carrying on the activities authorised by the licence) for such purposes as may be specified in the conditions;

may include provision for determining the terms on which such agreements are to be entered into.

information in relation to the activities authorised by the licence; or

the transfer of property, rights or liabilities from the first licensee to the second licensee;

the creation of rights in relation to property, rights or liabilities in favour of the second licensee;

the creation of other rights and liabilities as between the first and second licensee;

the first or second licensee to enter into a written agreement with each other, or the first licensee to execute an instrument of another kind in favour of the second licensee;

the first or second licensee to pay compensation to the other, or to any third party who is affected by any of the matters referred to in paragraphs (a) to (d).

the Secretary of State or the Authority (as appropriate) has given written notice to the first licensee, the second licensee and any other person who would potentially be affected by the direction, including a copy of the proposed direction and inviting them to submit written representations, giving a minimum period of 21 days in which those representations can be made; and

under or by virtue of the smart meter communication licence which has been, or is to be, granted; or

under or by virtue of any enactment, in the second licensee’s capacity as holder of that licence.

impose requirements by reference to designation, acceptance or approval by the Director, the Secretary of State or the Health and Safety Executive; and

provide for references in the conditions to any document F121. . .to operate as references to that document as revised or re-issued from time to time.

have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions; or

be modified in such manner as may be specified in the conditions at such times and in such circumstances as may be so determined.

to the Health and Safety Executive; F122. . .

in the case of a licence F123, extension or restriction under section 7 above, to any public gas transporter whose authorised area F124includes the whole or any part of the area specified in the licence F123, extension or restrictionF125; and.

to any other person who holds a licence and whose interests may, in the opinion of the Authority, be affected by the grant.

licences under section 7 above;

licences under section 7ZA above;

licences under subsection (1) of section 7A above; or

licences under subsection (2) of that section,

stating that he proposes to make the modifications and setting out their effect;

stating the reasons why he proposes to make the modifications; and

specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

by publishing the notice in such manner as the Director considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and

by sending a copy of the notice to the Secretary of State, to the Health and Safety Executive F133, to Citizens Advice and to F134Consumer Scotland.

the licence holder would not be unduly disadvantaged in competing with one or more other holders of licences under that section; and

no other holder of a licence under that section would be unduly disadvantaged in competing with the holder of the licence to be modified or with any one or more other holders of licences under that section.

the licence holder would not be unduly disadvantaged in competing with other holders of a licence under that subsection; and

no other holder of such a licence would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence F136being modified)

shall be capable of being transferred by the licence holder, with the consent of the Authority, in accordance with this section and subject to any term of the licence relating to its transfer;

may include conditions which must be complied with before the licence can be transferred.

in the case of a general transfer, to grant a corresponding licence to the transferee; or

give the Health and Safety Executive not less than 28 days’ notice of any proposal to consent to any proposed transfer; and

give that Executive and the Secretary of State not less than 28 days’ notice of any proposal to impose a modification condition.

stating that it proposes to grant consent to the transfer;

stating the reasons why it proposes to give consent; and

specifying the time from the date of publication of the notice (not being less than two months) within which representations or objections with respect to the transfer may be made,

the expiry of the time specified in the notice under subsection (10A); or

if earlier than the time in paragraph (a), the time at which the Secretary of State informs the Authority that no direction will be given under subsection (10B) in relation to the notice.

if the licence is not capable of transfer or the Authority has not given its consent;

if the purported transfer is in breach of a condition of the licence; or

if there has, before the purported transfer, been a contravention of a condition subject to compliance with which the Authority’s consent is given.

where the limit is for the time being expressed by reference to a number of kilowatt hours, such lower number of kilowatt hours as he considers appropriate.

the person has asked the Authority to specify a later date;

the person is not, and is not part of, a vertically integrated undertaking; and

no senior officer of the person is also a senior officer of a relevant producer or supplier.

“transmission” has the meaning given by Article 2(3) of the Gas Directive; and

“vertically integrated undertaking” has the meaning given by Article 2(20) of that Directive.

must be made in writing to the Authority; and

must be made in such form and contain such information as the Authority may specify.

notify the Secretary of State F149... that an application has been made by such a person; and

enclose with the notification F150... any information which, at the time of the notification, the Authority has in its possession and thinks is relevant to the question of whether the security of gas supplies in the United Kingdom F151... would be put at risk by the certification of the applicant.

it is in the applicant’s possession; or

it is information which the applicant could reasonably be expected to obtain.

it is in the relevant producer or supplier’s possession; or

it is information which the relevant producer or supplier could reasonably be expected to obtain.

any relevant international law; and

any relevant agreement between the government of the United Kingdom and the government of the F155... country in question.

the applicant; F159and

the Secretary of State; F160...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a F163... decision under section 8F as to whether F164to certify an applicant;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the applicant has asked the Authority to exempt it from the ownership unbundling requirement on the grounds in paragraphs (1) and (2) of Article 14 of the Gas Directive (independent system operator);

the applicant has nominated an independent system operator for designation in accordance with those paragraphs; and

the applicant holds a licence under section 7ZA; and

in accordance with the conditions of that licence, the applicant has been granted an exemption from the ownership unbundling F169requirement—

in accordance with Article 36 of the Gas Directive (new infrastructure) before IP completion day and remains entitled to the benefit of it, or

on the basis set out in Article 36(1) to (3) and (6) of the Gas Directive and remains entitled to the benefit of it.

the applicant holds a licence under section 7ZA; and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F171... must not decide to certify the applicant, if a report prepared by the Secretary of State under section 8E states that the certification of the applicant would put at risk the security of gas supplies in the United Kingdom F172...;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 14(1) is to be read as if the second and third sentences were omitted;

the Authority thinks that it is passed, or

it is treated as passed by virtue of subsection (7), (9) or (9A).

does not control a relevant producer or supplier;

does not have a majority shareholding in a relevant producer or supplier; and

will not, on or after the relevant date, exercise shareholder rights in relation to a relevant producer or supplier.

controls a gas undertaking which is a relevant producer or supplier; or

has a majority shareholding in a gas undertaking which is a relevant producer or supplier.

the control over the applicant was gained through the exercise of a right conferred as a condition of the provision of either financial support or a guarantee (or both), in relation to the applicant’s business; or

the control over the relevant producer or supplier was gained through the exercise of such a right conferred in relation to the business of the relevant producer or supplier.

the control over the applicant was gained through the exercise of a right conferred as a condition of the provision of either financial support or a guarantee (or both), in relation to the applicant’s business; or

the majority shareholding in the relevant producer or supplier was gained through the exercise of such a right conferred in relation to the business of the relevant producer or supplier.

the test or tests are not passed in relation to a relevant producer or supplier,

the applicant has demonstrated to the Authority’s satisfaction that the applicant does not have a relationship with the relevant producer or supplier which might lead the applicant to discriminate in favour of the relevant producer or supplier, and

the Authority thinks it appropriate to treat the test or tests as passed.

by virtue of subsection (7) or (9) of section 8H, the Authority treats the fourth or fifth test under section 8H as passed in relation to a person; and

the person is certified in reliance on that treatment.

may, in particular, take into account any information or undertaking given to the Authority by the applicant, the relevant producer or supplier or the person who controls the applicant and controls or has a majority shareholding in the relevant producer or supplier.

holds a licence under section 7 or 7ZA; and

is certified.

the person designated; F181and

the Secretary of State; F182...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

notify the information to the Secretary of State F185...; and

enclose with the notification to the Secretary of State any further information which, at the time of the notification, the Authority has in its possession and thinks is relevant to the question of whether the security of gas supplies in the United Kingdom F186... would be put at risk by the continued certification of the person.

the certified person notifies it of any event or circumstance which may affect that basis; or

the Authority thinks that the basis may no longer apply.

if paragraph (a) of subsection (5) applies, the day on which the Authority receives the notification under that paragraph;

otherwise, the first day on which the Authority thinks that the certification basis may no longer apply.

by virtue of section 8H(7) or (9), the Authority has treated the fourth or fifth test under section 8H as passed;

a person is certified in reliance on that treatment; and

the period specified under section 8I as the period at the end of which that treatment will cease comes to an end.

it is in the person’s possession; or

it is information which the person could reasonably be expected to obtain.

it is in the relevant producer or supplier’s possession; or

it is information which the relevant producer or supplier could reasonably be expected to obtain.

any relevant international law; and

any relevant agreement between the government of the United Kingdom and the government of the F194... country in question.

make a F198... decision F199to continue the certification on the certification ground mentioned in section 8K(1); or

make a F200... decision F201to withdraw the certification.

make a F205... decision F206to continue the certification on the basis that the test is now passed; or

make a F207... decision F208to withdraw the certification.

notify the decision to the certified person and the Secretary of State; F212...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the references in section F2168G(9)(b) to the certification of the applicant were references to the continued certification of the person certified; and

the reference in section 8G(9)(b) to a report prepared under section 8E were a reference to a report prepared under section 8M.

the right falls within subsection (2), (3), (4) or (5);

the relevant date in respect of the certified person mentioned in that subsection has been reached;

the exercise of the right would or might lead the certified person to discriminate in favour of the relevant producer or supplier mentioned in that subsection; and

the relevant producer or supplier is a person to whom subsection (6) applies.

it is a shareholder right;

it is held by a person who controls a person certified on the certification ground in section 8G(3); and

it is exercisable in relation to a relevant producer or supplier.

it is a shareholder right;

it is exercisable in relation to a person certified on the certification ground in section 8G(3); and

it is held by a person who controls a relevant producer or supplier.

it is a shareholder right;

the person who holds it appointed a senior officer of a person certified on the certification ground in section 8G(3);

the person appointed continues to hold that office; and

the right is exercisable in relation to a gas undertaking which is a relevant producer or supplier.

it is a right to appoint a senior officer of a person certified on the certification ground in section 8G(3); and

the person who holds it has, within the immediately preceding period of 3 years, exercised a shareholder right in relation to a gas undertaking which is a relevant producer or supplier.

requires a licence under section 7A of this Act, section 6 of the Electricity Act 1989 (licences authorising supply, etc), or section 3 of the Petroleum Act 1998 (licences to search and bore for and get petroleum); or

would require such a licence if carrying out the activity in Great Britain.

“exercise” means exercise directly or indirectly, and “exercisable” is to be interpreted accordingly; and

“relevant date” means the relevant date for the purposes of section 8C(1) or (2).

the exercise of a shareholder right in breach of section 8O;

the appointment of a senior officer in breach of that section.

in relation to England and Wales, the High Court, and

in relation to Scotland, the Court of Session.

gets natural gas from its natural condition in strata otherwise than as an unintended consequence of the storage of gas, and requires a licence under section 3 of the Petroleum Act 1998 (licences to search and bore for and get petroleum) to do so or would require such a licence if getting the gas in Great Britain;

produces any other gas, including in particular biomethane, which is suitable for conveyance through pipes to premises in accordance with a licence under section 7;

supplies to any premises gas which has been conveyed to those premises through pipes;

arranges with a gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that transporter; or

otherwise sells gas.

is a gas undertaking;

generates electricity for the purpose of giving a supply to any premises or enabling a supply to be so given;

supplies electricity to any premises; or

otherwise generates or sells electricity,

the person requires a licence under section 7A of this Act or section 6 of the Electricity Act 1989 (licences authorising supply, etc) to carry out the activity by virtue of which the person falls within subsection (4);

where the person does not carry out the activity in Great Britain, the person would, in the Authority’s opinion, require such a licence if carrying out the activity in Great Britain; or

the person has a relationship with the applicant or certified person which the Authority thinks might lead the applicant or certified person to discriminate in favour of the person.

the supply to any premises of gas which has been conveyed to those premises through pipes;

the making of an arrangement with a gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that gas transporter;

any other sale of gas.

no senior officer or manager of the owner is a senior officer or manager of the affiliate;

if a senior officer or manager of the owner has an interest in the affiliate that conflicts, or is likely to conflict, with the interests of the storage facility, the owner maintains procedures to ensure that the storage facility is operated independently of that interest in the affiliate;

the owner is entitled to take decisions without the consent of that affiliate in respect of any assets necessary to operate, maintain or develop the storage facility; and

the owner does not take instructions from the affiliate regarding day to day operations or individual decisions concerning the construction or upgrading of the storage facility.

to obtain the parent undertaking’s approval of the owner’s annual financial planning;

to comply with restrictions on the owner’s overall indebtedness.

discriminate against persons who are not affiliates of the owner; or

breach any of the owner’s obligations under section 11C regarding the disclosure or use of information.

ensure that compliance with the independence programme is monitored; and

each year, publish a report setting out the measures taken in accordance with the independence programme and send a copy to the Authority.

gets natural gas from its natural condition in strata otherwise than as an unintended consequence of the storage of gas, and requires a licence under section 3 of the Petroleum Act 1998 (licences to search and bore for and get petroleum) to do so or would require such a licence if getting the gas in Great Britain; or

produces any other gas, including in particular biomethane, which is suitable for conveyance through pipes to premises in accordance with a licence under section 7.

must be in writing;

in accordance with provisions contained in it;

at any other time, if the Authority considers that the condition in subsection (2) is no longer met.

the Secretary of State; and

such other persons as the Authority considers appropriate.

to develop and maintain an efficient and economical pipe-line system for the conveyance of gas; and

in the connection of premises F231, or a pipe-line system operated by an authorised transporter, to any pipe-line system operated by him; or

in the terms on which he undertakes the conveyance of gas by means of such a system.

Schedule 3 to this Act (which provides for the acquisition of land by F227gas transporters); and

Schedule 4 to this Act (which relates to the breaking up of streets and bridges by such transporters).

are situated within 23 metres from a relevant main of the transporter; or

could be connected to any such main by a pipe supplied and laid, or proposed to be supplied and laid, by the owner or occupier of the premises.

in the case of premises falling within paragraph (a) of subsection (1) above, connect the premises to the relevant main, and supply and lay any pipe that may be necessary for that purpose; and

in the case of premises falling within paragraph (b) of that subsection, connect the premises to the relevant main by the pipe there mentioned;

indemnifying the transporter in respect of any liability connected with the laying of the pipe;

which it is reasonable in all the circumstances for that person to be required to accept.

the premises in respect of which the connection is required; and

the day (not being earlier than a reasonable time after the service of the notice) upon which the connection is required to be made.

the pipe supplied and laid by the owner or occupier of the premises; and

any rights F236or liabilities of the owner or occupier which relate to the laying, maintenance, repair, alteration or removal of the pipe,

the connection is required within the prescribed period after the laying of the main;

a person for the purpose of connecting whose premises the main was laid has made a payment to the transporter in respect of those expenses;

the amount required does not exceed any amount paid in respect of those expenses by such a person or by any person previously required to make a payment under the regulations; and

the transporter has not recovered those expenses in full.

he is prevented from doing so by circumstances not within his control;

circumstances exist by reason of which his doing so would or might involve danger to the public, and he has taken all such steps as it was reasonable to take both to prevent the circumstances from occurring and to prevent them from having that effect; or

in the case of premises falling within paragraph (b) of subsection (1) above, the pipe supplied and laid by the owner or occupier of the premises is not fit for the purpose.

any person requires a connection to be made or maintained in pursuance of subsection (2) or (3) above;

the making or maintenance of the connection would involve a new or increased supply of gas to the premises in question;

the F233gas transporter reasonably expects that, if the connection were made or maintained, gas would be supplied to the premises in question at a rate exceeding 2,500 therms a year; and

the new or increased supply is such that the connection cannot be made or maintained without the laying of a new main, or the enlarging of an existing main, or the construction or enlarging of any other works required for the conveyance of gas,

the reference in paragraph (d) to the laying of a new main, the enlarging of an existing main or the construction or enlarging of any other works required for the conveyance of gas included a reference to a new main which had previously been laid, an existing main which had previously been enlarged or any other works required for the conveyance of gas which had previously been constructed or enlarged;

the reference to the expense to be incurred in laying or enlarging the main or constructing or enlarging the other works included a reference to the expense which had been so incurred; and

the reference to the extent to which it is reasonable to expect that the transporter will recover that expense from elsewhere included a reference to the extent to which the transporter had been able so to recover that expense.

vests in and becomes the property of a F233gas transporter by virtue of subsection (6) above; and

apart from this subsection, would be a relevant main for the purposes of this section,

for the construction of which the execution of works has begun before the commencement of section 76 of the Utilities Act 2000 (abolition of geographical exclusivity of authorised areas of gas transporters); and

which is situated in an area which, immediately before the commencement of that section, is the authorised area of a public gas transporter (the “other transporter”),

the transporter may require that person to give him reasonable security for the payment to him of all money which may become due to him in respect of the supply and laying of the pipe; and

if that person fails to give such security or, where any security given by him has become invalid or insufficient, fails to provide alternative or additional security, the transporter may if he thinks fit refuse to supply and lay the pipe for so long as the failure continues.

a storage facility;

an LNG import or export facility.

operate, maintain and develop the facility, so far as it is economical to do so, in a manner calculated to ensure that the facility is secure, reliable and efficient;

take any steps required by the Authority to ensure that the owner maintains sufficient financial resources to enable the owner to comply with the owner’s obligations under this Act and under the Gas Regulation.

to a person in a way that discriminates against any other person or description of persons;

to an associated undertaking unless the disclosure is necessary in order to enable a transaction with that associated undertaking to take place.

on the basis of calorific values of the gas determined by the transporter in accordance with regulations under this section, or so determined by another F245gas transporter and adopted by the transporter in accordance with such regulations; or

if and to the extent that regulations under this section so provide and the transporter thinks fit, on the basis of declared calorific values of the gas;

for requiring determinations of calorific values of gas conveyed by F245gas transporters to be made on the basis of samples of gas taken at such places or premises, at such times and in such manner as the Director may direct;

for requiring such determinations to be made at such places or premises, at such times and in such manner as the Director may direct;

as to the manner in which the results of such determinations are to be made available to other licence holders and to the public;

for requiring such premises, apparatus and equipment as the Director may direct to be provided and maintained by F245gas transporters for the purpose of making such determinations;

for requiring F245gas transporters to carry out tests of apparatus and equipment so provided and maintained by them; and

for requiring the results of such tests to be notified to the Director or to any person appointed under section 13(1) below, and to be made available to other licence holders and to the public.

for requiring declarations of calorific values of gas conveyed by F245gas transporters to be made at such times and in such manner as the Director may direct;

as to the times when such declarations are to take effect, and as to the manner in which the calorific values declared are to be made available to other licence holders and to the public;

for requiring F245gas transporters to carry out tests of gas for the purpose of ascertaining whether they are complying with the requirements of regulations made by virtue of paragraph (c) above;

for requiring such tests to be carried out at such places or premises, at such times and in such manner as the Director may direct; and

for requiring the results of such tests to be notified to the Director or to any person appointed under section 13(1) below, and to be made available to other licence holders and to the public.

in relation to England and Wales, the High Court;

in relation to Scotland, the Court of Session.

to carry out tests of apparatus and equipment provided and maintained by F247gas transporters in pursuance of regulations made by virtue of subsection (4)(d) of section 12 above for the purpose of ascertaining whether they comply with the regulations;

to carry out tests of gas conveyed by F247gas transporters where the number of therms or kilowatt hours falls to be calculated in accordance with subsection (1)(b) of that section for the purpose of ascertaining whether the transporters are complying with the requirements of regulations made by virtue of subsection (5)(c) of that section; and

generally to assist the Director in exercising his functions under, or under regulations made under, this section or that section.

for requiring such tests as are mentioned in subsection (1)(b) above to be carried out at such places or premises as the Director may direct;

for requiring such premises, apparatus and equipment as the Director may direct to be provided and maintained by F247gas transporters for the purpose of carrying out such tests;

for requiring samples of gas to be taken by F247gas transporters at such places or premises, at such times and in such manner as the Director may direct; and

for requiring samples of gas so taken to be provided by F247gas transporters, for the purpose of carrying out such tests, at such places or premises, at such times and in such manner as the Director may direct.

for persons representing the public gas transporter concerned to be present during the carrying out of such tests as are mentioned in subsection (1) above;

as to the manner in which the results of such tests are to be made available to other licence holders and to the public; and

for conferring powers of entry on property owned or occupied by F247gas transporters for the purpose of carrying out such tests and otherwise for the purposes of this section or section 12 above.

any sums paid by him under subsection (4) above in respect of that period; and

such part of his other expenses for that period as he may with the consent of the Treasury determine to be attributable to his functions under section 12 above or this section;

standards of pressure and purity to be complied with by gas transporters in conveying gas to premises or to pipe-line systems operated by other gas transporters; and

other standards with respect to the properties, condition and composition of gas so conveyed.

carrying out tests of gas, apparatus or equipment in accordance with regulations under this section; and

assisting the Authority in exercising functions under this section and regulations made under it.

for requiring tests of gas conveyed by gas transporters to be carried out by persons appointed under subsection (3) or by gas transporters for the purpose of ascertaining whether the gas conforms with the standards prescribed by the regulations;

for requiring such tests to be carried out on the basis of samples taken by persons appointed under subsection (3) or by gas transporters; and

for requiring samples of gas taken under paragraph (b) to be provided by gas transporters for the purpose of carrying out such tests.

for requiring such premises, apparatus and equipment as the Authority may direct to be provided and maintained by gas transporters for the purpose of carrying out tests required under subsection (4)(a);

for requiring tests of apparatus and equipment so provided to be carried out by persons appointed under subsection (3); and

for requiring gas transporters to carry out tests of apparatus and equipment so provided and maintained by them.

for the Authority to require by direction any matter which may be required by regulations by virtue of paragraph (a);

for persons representing the gas transporter concerned to be present during the carrying out of any tests carried out by persons appointed under subsection (3);

for the results of tests under this section to be made available to other licence holders and to the public;

for requiring gas transporters to notify the results of such tests carried out by them to the Authority or to any person appointed under subsection (3);

for conferring powers of entry on property owned or occupied by gas transporters for the purpose of carrying out tests under this section and otherwise for the purposes of the regulations.

to examine any meter used or intended to be used for ascertaining the quantity of gas supplied to any person; and

to stamp, or authorise the stamping of, that meter.

the meter was manufactured or repaired by the person submitting it to the examiner;

that person has obtained the consent of the Director to his submission; and

any conditions subject to which the consent was given have been satisfied.

the meter was manufactured or repaired by that person;

that person has obtained the consent of the Director to his stamping of the meter; and

any conditions subject to which the consent was given have been satisfied.

sums in connection with the performance by such examiners of functions conferred by or under this section or gas meter regulations (within the meaning of section 92 of the Energy Act 2008), and

sums in respect of any pension payable to or in respect of such examiners.

for re-examining meters already stamped, and for the cancellation of stamps in the case of meters which no longer conform with the prescribed standards and in such other circumstances as may be prescribed;

for requiring meters to be periodically overhauled; and

for the revocation of any approval given by the Director to any particular pattern or construction of meter, and for requiring existing meters of that pattern or construction to be replaced within such period as may be prescribed for the purposes of this subsection.

make different provision for different areas or in relation to different cases or different circumstances; and

make such supplementary, incidental or transitional provision as the Director considers necessary or expedient.

to enter any premises in which there is a service pipe connected with a gas main, for the purpose of inspecting any gas fitting on the premises, any flue or means of ventilation used in connection with any such gas fitting, or F263any part of the gas system on the premises, that is to say,any service pipe or other apparatus (not being a gas fitting) which is on the premises and is used for the F263conveyance orsupply of gas or is connected with a gas main;

where he so enters any such premises, to examine or apply any test to any such object as is mentioned in paragraph (a) above and (where the object is a gas fitting) to verify what supply of air is available for it; and

where in his opinion it is necessary to do so for the purpose of averting danger to life or property, and notwithstanding any contract previously existing, to disconnect and seal off any gas fitting or any part of the F264gas system on the premises, or disconnect the premises or, if the premises are not connected, to signify the refusal of the relevant authority to convey gas or, as the case may be, allow gas to be conveyed to the premises.

for securing that, where any such power is exercised, the consumer will be notified as to the nature of the defect or other circumstances in consequence of which it has been exercised;

for enabling any consumer so notified to appeal to the Secretary of State on the grounds that the defect or other circumstances in question did not constitute a danger such as to justify the action taken in the exercise of the power, or did not exist or have ceased to exist; and

for enabling the Secretary of State to give such directions as may in accordance with the regulations be determined by him to be appropriate in consequence of any such appeal.

reconnecting any gas fitting or F265any part of any gas system which has been disconnected by or on behalf of the relevant authority in exercise of a power conferred by the regulations; or

F266reconnecting any premises which have been disconnected by or on behalf of the relevant authority in the exercise of any such power; or

causing gas from a gas main to be F267conveyed to any premises where in pursuance of the regulations the refusal of the relevant authority to F268convey gas or, as the case may be, allow gas to be conveyed to those premises has been signified and that refusal has not been withdrawn.

the officer shall ensure that the premises are left no less secure by reason of the entry; and

the relevant authority shall make good, or pay compensation for, any damage caused by the officer, or by any person accompanying him in entering the premises, in taking any action therein authorised by the regulations, or in making the premises secure.

in relation to dangers arising from the conveyance of gas by a F271gas transporter, or from the use of gas conveyed by such a transporter, means that transporter; and

in relation to dangers arising from the conveyance of gas by a person other than a F271gas transporter, or from the use of gas conveyed by such a person, means the Secretary of State.

any reference to subsection (2) of that section were a reference to subsection (1) above;

any reference to the relevant authority were a reference to a F273gas transporter;

any reference to subsection (5) of that section were a reference to that subsection as applied by this subsection; and

the reference in subsection (11) of that section to regulations under that section were a reference to regulations under this section.