SCHEDULES

SCHEDULE 7 Minor And Consequential Amendments

Section 67(1).

Interpretation

1

In this Schedule “public gas supplier” has the same meaning as in Part I of this Act.

Enactments relating to statutory undertakers etc.

2

1

A public gas supplier shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—

i

the M18Public Health Act 1925;

ii

the M19Public Health Act 1936;

F7iii

Schedule 3 to the M20Water Act 1945;

iv

the M21Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

v

section 4 of the M22Requisitioned Land and War Works Act 1948;

F7vi

the M23Water Act 1948;

vii

the National Parks and Access to the M24Countryside Act 1949;

viii

the M25Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

ix

the M26Landlord and Tenant Act 1954;

x

the M27Opencast Coal Act 1958;

xi

the M28Flood Prevention (Scotland) Act 1961;

xii

section 17(10) of the M29Public Health Act 1961;

xiii

the M30Pipe-lines Act 1962;

xiv

Schedule 3 to the M31Harbours Act 1964;

xv

Schedule 6 to the M32Gas Act 1965;

xvi

F8xvii

section 56 of the M33Housing (Scotland) Act 1966;

xviii

section 40 of the M34Forestry Act 1967;

xix

section 50 of the M35Agriculture Act 1967;

xx

sections 38 and 66 of the M36Countryside (Scotland) Act 1967;

xxi

the M37New Towns (Scotland) Act 1968;

xxii

section 11 of and paragraph 6 of Schedule 2 to the M38Countryside Act 1968;

xxiii

section 22 of the M39Sewerage (Scotland) Act 1968;

xxiv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

xxv

sections 19, 37, 45, 46, F1056B, 56G, 108(2), 117 to 119, 121, 138, 154(3), 170 to 172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216 to 230, 233(7), 242, 259, 266(6)(b) and 275(2) of, and Schedule 8, paragraphs 1 to 3 of Schedule 17 and Schedule 18 to, the M40Town and Country Planning (Scotland) Act 1972;

xxvi

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

xxvii

sections 51 F12 of the M41Land Compensation Act 1973;

xxviii

sections 47 and 67 of the M42Land Compensation (Scotland) Act 1973;

xxix

section 73 of the Control of Pollution M43Act 1974;

xxx

sections 33, 34 and 36A of the M44Housing (Scotland) Act 1974;

xxxi

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

xxxii

the M45Welsh Development Agency Act 1975;

xxxiii

sections 15(3) and 26 of the M46Local Government (Miscellaneous Provisions) Act 1976;

xxxiv

the M47Development of Rural Wales Act 1976;

xxxv

section 9(3) of the M48Inner Urban Areas Act 1978;

xxxvi

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

xxxvii

the M49Ancient Monuments and Archaeological Areas Act 1979;

xxxviii

section 16 of and Schedule 4 to the M50Water (Scotland) Act 1980;

xxxix

Parts XII and XVI and section 120 of the M51Local Government, Planning and Land Act 1980;

xl

the M52Highways Act 1980;

xli

the M53New Towns Act 1981;

xlii

the M54Acquisition of Land Act 1981;

xliii

the M55Civil Aviation Act 1982;

xliv

section 30 of the M56Local Government (Miscellaneous Provisions) Act 1982;

xlv

section 2(2)(c) of the M57Cycle Tracks Act 1984;

xlvi

the M58Roads (Scotland) Act 1984;

xlvii

the M59Building Act 1984;

xlviii

sections 283(2) and 296 of the M60Housing Act 1985.

F15xlix

section 9 of the Enterprise and New Towns (Scotland) Act 1990.

2

References to gas undertakers in the following enactments shall have effect as references to a public gas supplier, namely—

a

section 17(1)(b) of the M61Requisitioned Land and War Works Act 1945;

b

the M62Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958;

c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

d

section 204(2)(a) of the M63Town and Country Planning (Scotland) Act 1972;

e

sections 73(11)(c) and 74(11)(b) of the M64Highways Act 1980;

f

section 48(6)(c) of the M65Civil Aviation Act 1982;

g

paragraph 3 of Schedule 5 to the M66Road Traffic Regulation Act 1984.

3

References in the M67Landlord and Tenant Act 1927 to a statutory company shall be deemed to include references to a public gas supplier.

4

References to public utility undertakers in the M68Civil Defence Act 1939 shall be deemed to include references to a public gas supplier.

F175

A public gas supplier shall be deemed to be an undertaker for the purposes of sections 157 to 160 of the Highways Act 1980.

F186

A public gas supplier shall be deemed to be an excepted undertaker for the purposes of section 6 of the M69Water Act 1981.

7

Paragraph 23 of Schedule 2 to the M70Telecommunications Act 1984 (undertakers’ works) shall apply to a public gas supplier for the purposes of any works carried out by him.

8

The reference in section 82(4) of the M71Building Act 1984 (provisions with respect to demolition orders) to a person authorised by an enactment to carry on an undertaking for the supply of gas shalll have effect as a reference to a public gas supplier.

9

In the following enactments, namely—

F19a

the M72Water Act 1948;

b

section 39 of the M73Opencast Coal Act 1958;

c

paragraph 2 of Schedule 6 to the M74Gas Act 1965;

d

the M75New Towns (Scotland) Act 1968;

e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

f

sections 195(6), 214 to 227, 266(6)(b) and 275(2) of, and Schedule 8 to, the Town and Country Planning (Scotland) Act 1972;

g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

h

the M76Welsh Development Agency Act 1975;

i

the M77Development of Rural Wales Act 1976;

j

the M78New Towns Act 1981,

F22k

section 9 of the Enterprise and New Towns (Scotland) Act 1990;

  • “the appropriate Minister”, in relation to a public gas supplier, shall mean the F23 Secretary of State for Trade and Industry.

10

In the following enactments, namely—

a

the M79Pipe-lines Act 1962;

b

Schedule 3 to the M80Harbours Act 1964;

c

Section 121 of the M81Highways Act 1980; and

d

the M82Acquisition of Land Act 1981,

“the appropriate Minister”, in relation to a public gas supplier, shall mean the Secretary of State.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

The Rights of Entry (Gas and Electricity Boards) Act 1954

4

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

5

In section 3(1) of that Act—

a

the definition of “the Corporation” shall be omitted;

b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

c

after the definition of “premises” there shall be inserted the following definition—

“public gas supplier” has the same meaning as in Part I of the Gas Act 1986;

The Pipe-lines Act 1962

5

1

In section 58(1) of the M83Pipe-lines Act 1962 (statutory bodies to whom, or in relation to whose pipe-lines, certain provisions of that Act do not apply), for paragraph (a) there shall be substituted the following paragraph—

a

a public gas supplier within the meaning of Part I of the Gas Act 1986;

2

Notwithstanding subsection (4) of the said section 58, but subject to sub-paragraph (3) below, the references to a pipe-line in sections 27(1) and 31(1) of the said Act of 1962 (protection of pipe-lines imperilled by buildings, structures or deposits) shall include references to any pipe-line vested in a public gas supplier other than one laid in a street or a service pipe.

3

The application by virtue of sub-paragraph (2) above of the said section 27(1) and the said section 31(1) to a particular part of any pipe-line shall be dependent upon there having been previously deposited with every local authority in whose area the part lies by the public gas supplier a map, on a scale not less than 1 in 10,560, showing the route taken by the part.

4

A local authority holding a map relating to a pipe-line vested in a public gas supplier shall keep the map at their offices, and shall secure that it is open to inspection by any person at all reasonable times free of charge.

5

In this paragraph—

  • “local authority” means—

a

in England and Wales, the council of a county, district or London borough, and the Common Council of the City of London; and

b

in Scotland, an islands or district council;

“street” has the same meaning as in the M84Public Utilities Street Works Act 1950.

6

In its application to Scotland this paragraph shall have effect as if for the word “street”, in both places where it occurs, there were substituted the word “road”.

6

1

The M85Gas Act 1965—

a

shall have effect without the amendments made by paragraph 14 of Schedule 6 to the 1972 Act and the associated repeals made by Schedule 8 to that Act; and

b

as so having effect, shall be amended as follows.

2

In Part II, for the words “gas authority”, wherever they occur, there shall be substituted the words “public gas supplier”.

3

In Part II, for the words “section 11 of the principal Act”, wherever they occur, there shall be substituted the words “Schedule 3 to the principal Act”.

4

In section 4(2), the words from “shall relate only” to “statutory corporation and” shall be omitted.

5

In section 5(5), for the words “inform the Minister that they object” there shall be substituted the words “informs the Minister that he objects”.

6

In section 6(1), for the word “apply” there shall be substituted the word “applies”, for the word “satisfy” there shall be substituted the word “satisfies” and for the words “they think” there shall be substituted the words “he thinks”.

7

In section 6(2), for the words “have taken” there shall be substituted the words “has taken” and for the word “them” there shall be substituted the word “him”.

8

In section 6(3), for the word “them” there shall be substituted the word “him”.

9

In section 6(4), for the word “their” there shall be substituted the word “his” and for the word “cause” there shall be substituted the word “causes”.

10

In section 6(8), for the word “apply” there shall be substituted the word “applies” and for the word “they” there shall be substituted the word “he”.

11

In section 13(3), for the word “propose” there shall be substituted the word “proposes” and for the words “the said section 11” there shall be substituted the words “the said Schedule 3”.

12

In section 15(2), for the word “their” there shall be substituted the word “his”.

13

In section 16(1), for the words “develop or operate” there shall be substituted the words “develops or operates”.

14

In sections 16(5) and 18(9), for the word “fail” there shall be substituted the word “fails”.

15

In section 17(5), for the word “them” there shall be substituted the word “him”.

16

In section 19(3)—

a

at the beginning there shall be inserted the words “Every public gas supplier to whom a storage authorisation order applies during any period shall pay to the Minister such proportion as the Minister may determine of”; and

b

for the words “shall be repaid to him by the Gas Council and” there shall be substituted the words “and any sums received by the Minister under this subsection shall be”.

17

In section 19(4), for the words “the Gas Council in respect of sums payable by them” there shall be substituted the words “a public gas supplier in respect of sums payable by him”.

18

In section 21(1), for the words “Section 68(1)” there shall be substituted the words “Section 43(1)”.

19

In section 21(2), for the words “Section 69(1)” there shall be substituted the words “Section 43(2)” and for the words “section 68(1)” there shall be substituted the words “section 43(1)”.

20

In section 21(3), the words “any gas authority or” and the words “authority or”, in the second place where they occur, shall be omitted.

21

In section 22(1), for the words “Section 70” there shall be substituted the words “Section 46”.

22

In section 22(2), for the words “Section 73 of the principal Act” there shall be substituted the words “Section 46 of the Gas Act 1972” and for the words “the principal Act”, in the second place where they occur, there shall be substituted the words “that Act”.

23

In section 27(1), for the words “the Corporation” there shall be substituted the words “the public gas supplier concerned”.

24

In section 28(1)—

a

the definition of “gas authority” shall be omitted; and

b

for the definition of “large-scale map” there shall be substituted the following definition—

“large-scale map” means a map drawn on a scale not less than 1 in 10,560;

25

In section 32(2), for the words “the Gas Act 1948, ” Area Board ’ has the same meaning as in” there shall be substituted the words “the Gas Act 1986, ” public gas supplier ’ has the same meaning as in Part I of”.

26

In Schedule 2—

a

for the words “the applicants”, wherever they occur, there shall be substituted the words “the applicant”;

b

for the words “their proposals”, wherever they occur, there shall be substituted the words “his proposals”;

c

for the words “their application”, wherever they occur, there shall be substituted the words “his application”;

d

for the words “section 73 of the principal Act”, wherever they occur, there shall be substituted the words “section 46 of the Gas Act 1972”;

e

in paragraph 5(2), for the words “the applicants” there shall be substituted the words “the applicant’s”;

f

in paragraph 9(1), for the words “they have been, or expect” there shall be substituted the words “he has been, or expects” and for the words “they must” there shall be substituted the words “he must”;

g

in paragraph 9(2), for the word “have”, in both places where it occurs, there shall be substituted the word “has”; and

h

in paragraph 14(1), for the words “gas authorities” there shall be substituted the words “public gas suppliers”.

27

In Schedule 6—

a

for the words “the applicants”, wherever they occur, there shall be substituted the words “the applicant”;

b

in paragraph 1(2), for the words “their application” there shall be substituted the words “his application”;

c

in paragraph 1(4), for the words “their proposals” there shall be substituted the words “his proposals”;

d

in paragraph 5, for the words “gas board” there shall be substituted the words “public gas supplier”;

e

in paragraph 7(1), for the words “their powers” there shall be substituted the words “his powers”; and

f

in paragraph 7(2), for the words “their duty” there shall be substituted the words “his duty”.

The Local Government (Scotland) Act 1966

7

In section 18(4) of the M86Local Government (Scotland) Act 1966, for the words “the British Gas Corporation” there shall be substituted the words “a public gas supplier within the meaning of Part I of the Gas Act 1986”.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

The Transport Act 1968

9

In section 109(2) of the M1Transport Act 1968 (power of certain bodies to maintain or take over waterways and connected works), for paragraph (d) there shall be substituted the following paragraph—

d

a public gas supplier within the meaning of Part I of the Gas Act 1986;

The Post Office Act 1969

10

In section 7(1A) of the M87Post Office Act 1969 (powers of the Post Office), after paragraph (c) there shall be inserted the following paragraph—

ca

a public gas supplier (within the meaning of Part I of the Gas Act 1986);

The Chronically Sick and Disabled Persons Act 1970

11

In section 14(1) of the M2Chronically Sick and Disabled Persons Act 1970 (miscellaneous advisory committees), for the words “the National Gas Consumers’ Council and the Regional Gas Consumers’ Councils” there shall be substituted the words “ the Gas Consumers’ Council ”.

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

The Town and Country Planning (Scotland) Act 1972

13

In section 212(2) of the M88Town and Country Planning (Scotland) Act 1972 (cases in which land is to be treated as not operational land of statutory undertakers), for the words “the Gas Act 1972” there shall be substituted the words “the Gas Act 1986”.

The Land Compensation Act 1973

14

1

In section 44(2) of the M3Land Compensation Act 1973 (compensation for injurious affection), for the words “paragraph 13 of Schedule 2 to the Gas Act 1972” there shall be substituted the words “ paragraph 7 of Schedule 3 to the Gas Act 1986 ”.

2

In section 58(2) of that Act (determination of material detriment where part of house etc. proposed for compulsory acquisition), for the words “paragraph 14 of Schedule 2 to the Gas Act 1972” there shall be substituted the words “ paragraph 8 of Schedule 3 to the Gas Act 1986 ”.

The Fair Trading Act 1973

15

1

The Director General of Fair Trading shall consult with the Director before publishing under section 124 of the Fair Trading Act 1973 (publication of information or advice) any information or advice which the Director has power to publish under section 35(1) of this Act.

2

Section 125(1) of that Act (annual and other reports) shall not apply to activities of the Monopolies and Mergers Commission on which the Director is required to report by section 39(1) of this Act.

3

In section 133(2) of that Act (exceptions to general restriction on disclosure of information), after the words “the Director General of Telecommunications,” there shall be inserted the words “the Director General of Gas Supply,” and after the words “the M89Telecommunications Act 1984,” there shall be inserted the words “or the Gas Act 1986,”.

4

In Part I of Schedule 5 to that Act (goods and services referred to in section 16 of that Act), for paragraphs 1 and 2 there shall be substituted the following paragraph—

1

Gas supplied through pipes to tariff customers (within the meaning of Part I of the Gas Act 1986).

The Land Compensation (Scotland) Act 1973

16

1

In section 41(2) of the M4Land Compensation (Scotland) Act 1973 (compensation for injurious affection), for the words “paragraph 26 of Schedule 2 to the Gas Act 1972” there shall be substituted the words “ paragraph 24 of Schedule 3 to the Gas Act 1986 ”.

2

In section 54(2) of that Act (determination of material detriment where part of house etc. proposed for compulsory acquisition), for the words “paragraph 24 of Schedule 2 to the Gas Act 1972” there shall be substituted the words “ paragraph 22 of Schedule 3 to the Gas Act 1986 ”.

The Local Government Act 1974

17

In Schedule 3 to the M90Local Government Act 1974 (hereditaments for determining the rateable value of which provision may be made under section 19(1) of that Act), for paragraph 3 there shall be substituted the following paragraphs—

3

Any hereditament which a relevant supplier (within the meaning of section 33 of the principal Act) is to be treated as occupying in a rating area by virtue of that section.

3A

Any hereditament which a private gas supplier (within the meaning of section 33A of the principal Act) is to be treated as occupying in a rating area by virtue of section 33 of that Act as applied by order under the said section 33A.

3B

1

Any hereditament occupied for or in connection with the conveyance of gas through pipes other than one falling within paragraph 3 or 3A above.

2

In this paragraph ” gas ’ has the same meaning as in Part I of the Gas Act 1986.

The Health and Safety at Work etc. Act 1974

18

At the end of section 34 of the M5Health and Safety at Work etc. Act 1974 (extension of time for bringing summary proceedings) there shall be inserted the following subsection—

6

In the application of subsection (4) above to Scotland, after the words ” applies to ’ there shall be inserted the words ” any offence under section 33(1)(c) above where the health and safety regulations concerned were made for the general purpose mentioned in section 18(1) of the Gas Act 1986 and

The Consumer Credit Act 1974

19

In section 174(3)(a) of the M6Consumer Credit Act 1974 (exceptions to general restriction on disclosure of information), after the words “the M7Telecommunications Act 1984” there shall be inserted the words “or the Gas Act 1986” and after the words “the Director General of Telecommunications,” there shall be inserted the words “the Director General of Gas Supply,”.

The Oil Taxation Act 1975

20

In paragraph 2A(4) of Schedule 3 to the M91Oil Taxation Act 1975 (petroleum revenue tax: miscellaneous provisions), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

a

that any authorisation granted under section 7 or 8 of the Gas Act 1986 for the supply of the gas applies to the supply of the gas under the contract mentioned in sub-paragraph (2) of that paragraph; and

b

that no authorisation is required under those sections for the supply of the gas under that contract if no such authorisation is required for the supply of the gas.

F4 The Local Government (Scotland) Act 1975

Annotations:
Amendments (Textual)

21

In Schedule 1 to the M8Local Government (Scotland) Act 1975—

a

in paragraphs 3 to 3B, for references to the Corporation there shall be substituted references to a public gas supplier;

b

in paragraph 3, there shall be added at the end the following sub-paragraph—

3

In this paragraph and in paragraphs 3A and 3B below—

  • “gas” means any substance which is or (if it were in a gaseous state) would be gas within the meaning of Part I of the Gas Act 1986;

  • “public gas supplier” has the same meaning as in Part I of the Gas Act 1986;

  • “private gas supplier” means a person who is authorised by section 6 of the said Act of 1986, or by an authorisation under section 8 of that Act, to supply gas through pipes to consumers’ premises.

c

in paragraphs 3A and 3B, for references to a private supplier there shall be substituted references to a private gas supplier.

The Coal Industry Act 1975

22

Paragraph 5(3) of Schedule 1 to the M92Coal Industry Act 1975 (supplementary provisions relating to right to withdraw support) shall have effect as if the reference to a company or other body or person carrying on an undertaking primarily for the supply of gas for public purposes or to members of the public were a reference to a public gas supplier.

The Restrictive Trade Practices Act 1976

23

In section 41(1)(a) of the M9Restrictive Trade Practices Act 1976 (disclosure of information), after the words “the Director General of Telecommunications,” there shall be inserted the words “ the Director General of Gas Supply, ” and after the words “or the M10Telecommunications Act 1984” there shall be inserted the words “ or the Gas Act 1986 ”.

The Local Government (Miscellaneous Provisions) Act 1976

24

In section 33 of the M11Local Government (Miscellaneous Provisions) Act 1976 (restoration or continuation of supply of water, gas or electricity), for the word “undertakers”, wherever it occurs, there shall be substituted the word “ person ”.

The Land Drainage Act 1976

F525

In section 112(2)(a) of the M12Land Drainage Act 1976 (protection of nationalised undertakings etc.), for the words “the British Gas Corporation” there shall be substituted the words “ any public gas supplier within the meaning of Part I of the Gas Act 1986 ”.

The Energy Act 1976

26

1

In section 9(1) of the M93Energy Act 1976 (liquefaction of off-shore natural gas), for the words from “with consent” to “such consent” there shall be substituted the words “authorised by an authorisation under section 7 or 8 of the Gas Act 1986 and in compliance with any conditions of that authorisation, or providing a supply for which such an authorisation”.

2

In section 12(2) of that Act (disposal of gas by flaring), for the words “the British Gas Corporation” there shall be substituted the words “a public gas supplier within the meaning of Part I of the Gas Act 1986”.

The Estate Agents Act 1979

27

In section 10(3)(a) of the M13Estate Agents Act 1979 (exceptions to restrictions on disclosure of information), after the words “the Telecommunications Act 1984” there shall be inserted the words “or the Gas Act 1986” and after the words “the Director General of Telecommunications,” there shall be inserted the words “the Director General of Gas Supply,”.

The Competition Act 1980

28

1

In subsection (2)(a) of section 19 of the M14Competition Act 1980 (exceptions to restriction on disclosure of information), after the words “the Director General of Telecommunications,” there shall be inserted the words “the Director General of Gas Supply,”.

2

In subsection (3) of that section, at the end there shall be inserted the following paragraph—

h

the Gas Act 1986.

The Acquisition of Land Act 1981

29

In section 28 of the M15Acquisition of Land Act 1981 (acquisition of rights over land by the creation of new rights), paragraph (a) shall be omitted and after paragraph (f) there shall be inserted the following paragraph—

g

paragraph 1 of Schedule 3 to the Gas Act 1986.

The Building Act 1984

30

In section 80(3) of the M16Building Act 1984 (notice to local authority of intended demolition), for paragraph (b) there shall be substituted the following paragraph—

b

any public gas supplier (as defined in Part I of the Gas Act 1986) in whose authorised area (as so defined) the building is situated,

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

The Bankruptcy (Scotland) Act 1985

32

In section 70(4)(a) of the M17Bankruptcy (Scotland) Act 1985 (supplies by utilities), for the words “the British Gas Corporation” there shall be substituted the words “ a public gas supplier within the meaning of Part I of the Gas Act 1986 ”.