Gas Act 1986

Investigation of complaints etc. E+W+S

31 Duty of Director to investigate certain matters. E+W+S

(1) It shall be the duty of the Director to investigate any matter which appears to him to be [F1 a reserved matter] and which—

(a) is the subject of representation (other than one appearing to the Director to be frivolous) made to the Director by or on behalf of a person appearing to the Director to have an interest in that matter; or

(b) is referred to him by the Council under subsection (2) below.

(2) It shall be the duty of the Council to refer to the Director any matter which appears to the Council to be [F1 a reserved matter] and which is the subject of a representation (other than one appearing to the Council to be frivolous) made to the Council by or on behalf of a person appearing to the Council to have an interest in that matter.

[F2 (3) In this section and section 32 below “reserved matter” means any matter—

(a) in respect of which any functions of the Director under section 28 above are or may be exercisable; and

(b) which has not been designated by the Director as a matter which is to be investigated by the Council.

(4) A designation under subsection (3) above may be made—

(a) either generally or in relation to matters of a particular class or a particular matter; and

(b) either unconditionally or subject to such conditions as may be specified in the designation.

(5) Conditions specified in a designation under subsection (3) above may contain provision for the designation to cease to have effect, either generally or in relation to matters of a particular class or a particular matter, in such circumstances as may be determined by or under the conditions.]

Textual Amendments

F1 Words in s. 31(1)(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 30(1); S.I. 1996/218, art. 2

F2 S. 31(3)-(5) substituted for s. 31(3) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 30(2); S.I. 1996/218, art. 2

32 Duty of Council to investigate certain matters. E+W+S

(1) It shall be the duty of the Council to investigate any matter which appears to it to be a matter to which subsection (2) below applies and which—

(a) is the subject of a representation (other than one appearing to the Council to be frivolous) made to the Council by or on behalf of a person appearing to the Council to have an interest in that matter; or

(b) is referred to it by the Director under subsection (3) below.

[F3 (2) This subsection applies to any matter (not being a reserved matter) in respect of which any functions of the Director under this Part are or may be exercisable.]

(3) Subject to subsection (4) below, it shall be the duty of the Director to refer to the Council any matter which appears to the Director to be a matter falling within F4 . . . subsection (2) above and which is the subject of a representation (other than one appearing to the Director to be frivolous) made to the Director by or on behalf of a person appearing to the Director to have an interest in that matter.

(4) Nothing in subsection (3) above shall require the Director to refer to the Council any matter in respect of which he is F5 . . . considering exercising functions under this Part.

(5) Where on an investigation under subsection (1) above any matter appears to the Council to be a matter falling within F4 . . . subsection (2) above in respect of which it would be appropriate for the Director to exercise any functions under this Part, the Council shall refer that matter to the Director with a view to his exercising those functions with respect to that matter.

F6 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 32(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 31(1); S.I. 1996/218, art. 2

F4 Words in s. 32(3)(5) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 31(2), Sch. 6; S.I. 1996/218, art. 2

F5 Word in s. 32(4) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 31(3), Sch. 6; S.I. 1996/218, art. 2

F6 S. 32(6)(7) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 31(4), Sch. 6; S.I. 1996/218, art. 2

[32A F7 Preliminary investigation by Council of certain disputes. E+W+S

(1) This section applies where—

(a) representations are made to the Council by or on behalf of a person who appears to the Council to have an interest in the matter to which the representations relate; and

(b) that matter appears to the Council to constitute a dispute of a kind which may be referred to the Director under [F8 section 27A]] above or 33A below, or under regulations made under section 15A above.

(2) It shall be the duty of the Council—

(a) to inform the person by or on whose behalf the representations are made that he may have the right to refer his dispute to the Director; and

(b) to make such investigations with respect to the matter to which the representations relate as may be specified in a direction given by the Director.

(3) Any such direction may be given so as to apply generally or to a specified class of matter or particular matter and may, in particular, specify in relation to any investigation which the Council is required to make under this section—

(a) the practice and procedure which it is to follow in conducting its investigation; and

(b) the information which it is to give to the Director with respect to the matter investigated.

Textual Amendments

F7 S. 32A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 18; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.

F8 Words in s. 32A(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 32; S.I. 1996/218, art. 2

33 Power of Council to investigate other matters. E+W+S

(1) The Council shall have power to investigate any matter (not being a matter which it is its duty to investigate under section 32 above) which—

(a) appears to it to be a matter to which subsection (2) below applies and not to be an enforcement matter within the meaning of that section; and

(b) is the subject of a representation (other than one appearing to the Council to be frivolous) made to the Council by or on behalf of a person appearing to the Council to have an interest in that matter.

(2) This subsection applies to—

(a) any matter relating to the design, manufacture, importation or supply (whether by sale, hire or loan or otherwise) of gas fittings used or intended to be used by persons supplied with gas by [F9 gas suppliers];

(b) any matter relating to the installation, maintenance or inspection of gas fittings used or intended to be used by such persons; and

(c) any other matter relating to, or to anything connected with, the use by such persons of gas supplied by such a supplier or the use of such fittings.

(3) Where the Council has investigated any matter under this section, it may prepare a report on that matter and (subject to section 42 below) shall send a copy of any such report to such (if any) of the following persons as it thinks appropriate, that is to say—

(a) any person to whom the report refers or who (whether or not he has made a representation to the Council) appears to the Council to have an interest in the matter to which the report relates;

(b) the Director General of Fair Trading or any person whose functions under any enactment appear to the Council to be exercisable in relation to that matter;

(c) any person who appears to the Council to be a person who ought to take account of the report in determining how to act in relation to that matter;

F10 . . .

[F11 (4) References in this section to gas suppliers include references to persons supplying gas which they are authorised to supply by paragraph 1 of Schedule 2A to this Act.]

Textual Amendments

F9 Words in s. 33(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 33(1); S.I. 1996/218, art. 2

F10 Words in s. 33(3) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 33(2), Sch. 6; S.I. 1996/218, art. 2

F11 S. 33(4) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 33(3); S.I. 1996/218, art. 2