SCHEDULES

[F1SCHEDULE 2BE+W+S The gas code]

Textual Amendments

Notified escapes of gasE+W+S

20(1)Where any gas escapes from any pipe of a public gas transporter, or from any pipe or other gas fitting used by a consumer to whose premises gas is conveyed by such a transporter, the transporter—

(a)shall, immediately after being informed of the escape, prevent the gas from escaping (whether by disconnecting any premises or otherwise); and

(b)shall take any other steps necessary to avert danger to life or property.

(2)If a public gas transporter—

(a)fails, within 12 hours after being so informed, effectually to prevent the gas from escaping; or

(b)fails to comply with sub-paragraph (1)(b) above,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)In any proceedings for an offence under sub-paragraph (2)(a) above it shall be a defence for the public gas transporter to prove—

(a)that it was not reasonably practicable for him effectually to prevent the gas from escaping within the said period of 12 hours; and

(b)that he did effectually prevent the escape as soon as it was reasonably practicable for him to do so.

(4)In any proceedings for an offence under sub-paragraph (2)(b) above it shall be a defence for the public gas transporter to prove that he took all such steps to avert danger to life or property as were reasonably practicable.

(5)It shall be the duty of any public gas transporter, gas supplier or gas shipper to take any steps necessary to ensure that, if he is informed by any person ( “the informant ”) of an escape of gas (other than one, in the case of a transporter, that he is required by sub-paragraph (1) above to prevent), he passes the information on, without avoidable delay, either—

(a)to a responsible person, that is to say, a person appearing to him—

(i)to be responsible (whether under that sub-paragraph or otherwise) for preventing the escape; or

(ii)to be a public gas transporter within whose authorised area the gas is escaping; or

(b)to a nominated person, that is to say, a person nominated by a responsible person to receive information about escapes of gas on his behalf.

(6)There shall be a sufficient compliance with sub-paragraph (5) above if the transporter, supplier or shipper is satisfied that the informant—

(a)intends to pass the information on, without avoidable delay, to a nominated person; and

(b)is in a position to do so.

(7)References in sub-paragraphs (5) and (6) above to the passing on of information to a nominated person are references to the passing on of information to that person in such manner (if any) as may be specified by the responsible person by whom that person was nominated.