xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

SCHEDULE 5E+W+S Public Gas Supply Code

Part IE+W+S Supply of Gas to Tariff Customers

Maintenance etc. of service pipesE+W+S

1A public gas supplier shall carry out any necessary work of maintenance, repair or renewal of any service pipe—

(a)by which a tariff customer is supplied with gas; and

(b)which was provided and laid otherwise than at the expense of the supplier or a predecessor of his,

and may recover the expenses reasonably incurred in so doing from the customer.

Alterations etc. of burners on change of calorific valueE+W+S

2It shall be the duty of a public gas supplier, in the case of any alteration in the calorific value declared in respect of any gas supplied by him, to take at his own expense such steps as may be necessary to alter, adjust or replace the burners in the appliances of tariff customers who are supplied with that gas in such manner as to secure that the gas can be burned with safety and efficiency.

Consumption of gas to be ascertained by meterE+W+S

3(1)Every tariff customer of a public gas supplier shall, if required to do so by the supplier, take his supply through a meter, and in default of his doing so the supplier may refuse to give or discontinue the supply of gas.

(2)A public gas supplier shall if so required by a tariff customer, supply to the customer, whether by way of sale, hire or loan, an appropriate meter (whether a prepayment meter or otherwise) for ascertaining the quantity of gas supplied by him; but in the case of a supply by way of hire or loan the customer shall, if so required by the supplier, before receiving the meter give to the supplier reasonable security for the due performance of his obligation to take proper care of it.

(3)Where any money is deposited with a public gas supplier by way of security in pursuance of this paragraph, the supplier shall pay interest, at such rate as may from time to time be fixed by the supplier with the approval of the Director, on every sum of 50p so deposited for every three months during which it remains in the hands of the supplier.

[F1(4)A public gas supplier who, for the purpose of meeting the needs of a disabled person—

(a)alters the position of any gas meter which has been provided by that supplier, or

(b)replaces such a meter with one which has been specially adapted,

shall not make any charge for the alteration or replacement.]

Textual Amendments

F1Sch. 5 para. 3(4) added (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 53(1); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.

Meters to be kept in proper orderE+W+S

4(1)Every tariff customer shall at all times, at his own expense, keep all meters belonging to him, whereby the quantity of gas supplied by the public gas supplier is registered, in proper order for correctly registering the quantity of gas, and in default of his doing so the supplier may discontinue the supply of gas through that meter.

(2)A public gas supplier shall at all times, at his own expense, keep all meters let for hire or lent by him to any tariff customer in proper order for correctly registering the quantity of gas supplied; but this sub-paragraph is without prejudice to any remedy the supplier may have against the customer for failure to take proper care of the meter.

(3)A public gas supplier shall have power to remove, inspect and re-install any meter by which the quantity of gas supplied by him to a tariff customer is registered, and shall, while any such meter is removed, fix a substituted meter on the premises; and, subject to sub-paragraph (4) below, the cost of removing, inspecting and re-installing a meter and of fixing a substituted meter shall be defrayed by the supplier.

(4)Where such a meter is removed for the purpose of being examined by a meter examiner in accordance with section 17 of this Act, the expenses incurred in removing, examining and re-installing the meter and fixing a substituted meter shall, if the meter is found in proper order, be defrayed by the person at whose request the examination is to be carried out but otherwise shall be defrayed by the owner of the meter.

(5)A meter is found in proper order for the purposes of sub-paragraph (4) above if it is found to register correctly or to register erroneously to a degree not exceeding the degree permitted by regulations under section 17 of this Act.

Meter as evidence of quantity of gas suppliedE+W+S

5(1)Subject to sub-paragraph (2) below, where gas is supplied to a tariff customer through a meter, the register of the meter shall be prima facie evidence of the quantity of gas supplied.

(2)Where a meter through which a tariff customer is supplied with gas is found, when examined by a meter examiner appointed under section 17 of this Act, to register erroneously to a degree exceeding the degree permitted by regulations under that section—

(a)the meter shall be deemed to have registered erroneously to the degree so found since the relevant date, except in a case where it is proved to have begun to register erroneously as aforesaid on some later date; and

(b)the amount of allowance to be made to, or the surcharge to be made on, the customer by the supplier in consequence of the erroneous registration shall be paid to or by the customer, as the case may be.

(3)In sub-paragraph (2) above “the relevant date” means the penultimate date on which, otherwise than in connection with the examination, the register of the meter was ascertained.

Installation of meters in new premisesE+W+S

6(1)This paragraph applies where a meter is to be used to register the quantity of gas supplied to a tariff customer and—

(a)the building has not previously been supplied with gas by the public gas supplier; or

(b)a new or substituted pipe is to be laid between the public gas supplier’s main and the meter.

(2)Subject to sub-paragraph (3) below, the meter shall be installed as near as practicable to the main, but within the outside wall of the building.

(3)The meter may be installed otherwise than within the outside wall of the building if it is installed either—

(a)in accommodation of a type and construction approved by the public gas supplier by an approval given in relation to buildings generally, or to any class or description of buildings; or

(b)in a seperate meter house or other accommodation outside the building approved by the supplier in the case of that particular building.

(4)If the requirements of this paragraph are not complied with, the public gas supplier may refuse to supply gas to the premises until those requirements have been complied with.

Modifications etc. (not altering text)

C1Sch. 6 para. 6(3)(a)(b) applied (with modifications) (1.3.1996) by S.I. 1996/399, art. 8(1)

Recovery of gas charges etc.E+W+S

7(1)A public gas supplier may recover from a tariff customer any charges due to him in respect of the supply of gas, or in respect of the supplying and fixing of any meter or fittings.

(2)If a tariff customer quits any premises at which gas has been supplied to him through a meter by a public gas supplier without giving notice thereof to the supplier so that it is received by the supplier at least twenty-four hours before he quits the premises, he shall be liable to pay the supplier all charges in respect of the supply of gas to the premises accruing due up to whichever of the following first occurs, namely—

(a)the twenty-eighth day after he gives such notice to the supplier;

(b)the next day on which the register of the meter falls to be ascertained; and

(c)the day from which any subsequent occupier of the premises requires the supplier to supply gas to the premises.

(3)Sub-paragraph (2) above, or a statement of the effect thereof, shall be endorsed upon every demand note for gas charges payable to a public gas supplier by a tariff customer.

(4)If a tariff customer quits any premises at which gas has been supplied to him by a public gas supplier without paying any amount due from him by way of charges in respect of the supply, the supplier—

(a)may refuse to furnish him with a supply of gas at any other premises until he pays the amount so due; but

(b)shall not be entitled to require payment of that amount from the next occupier of the premises.

(5)If a tariff customer has not, after the expiry of twenty-eight days from the making of a demand in writing by a public gas supplier for payment thereof, paid the charges due from him in respect of the supply of gas by the supplier to any premises, the supplier, after the expiration of not less than seven days’ notice of his intention, may—

(a)cut off the supply to the premises by disconnecting the service pipe at the meter (whether the pipe belongs to the supplier or not) or by such other means as he thinks fit; and

(b)recover any expenses incurred in so doing from the customer.

[F2(5A)The powers conferred by sub-paragraph (5) above shall not be exercisable as respects any amount which is genuinely in dispute.]

(6)Where a public gas supplier has cut off the supply of gas to any premises in consequence of any default on the part of a tariff customer, the supplier shall not be under any obligation to resume the supply of gas to the customer so in default until he has made good the default and paid the reasonable expenses of re-connecting the supply.

Textual Amendments

F2Sch. 5 para. 7(5A) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 19; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt.I.