Gas Act 1986

48 Interpretation of Part I and savings. E+W+S

(1) In this Part, unless the context otherwise requires—

• “authorised area”, in relation to a public gas [F1 transporter], has the meaning given by section 7(2) above;

• “calorific value” has the meaning given by section 12(2) above;

• “the Council” means the Gas Consumers’ Council;

• “declared calorific value” has the meaning given by section 12(2) above;

• “distribution main”, in relation to a public gas [F2 transporter], means any main of the [F2 transporter] through which the [F2 transporter] is for the time being distributing gas and which is not being used only for the purpose of conveying gas in bulk;

• [F3 “domestic customer” has the meaning given by section 15A(10) above;]

• “gas” means—

(a) any substance in a gaseous state which consists wholly or mainly of—

(i) methane, ethane, propane, butane, hydrogen or carbon monoxide;

(ii) a mixture of two or more of those gases; or

(iii) a combustible mixture of one or more of those gases and air; and

(b) any other substance in a gaseous state which is gaseous at a temperature of 15°C and a pressure of 1013·25 millibars and is specified in an order made by the Secretary of State;

• “gas fittings” means gas pipes and meters, and fittings, apparatus and appliances designed for use by consumers of gas for heating, lighting, motive power and other purposes for which gas can be used;

• [F4 “gas supplier” and “gas shipper” have the meanings given by section 7A(11) above;]

• “holding company” [F5 has the meaning given by section 736 of] the M1 Companies Act 1985;

• “information” includes accounts, estimates and returns;

[F6 “ kilowatt hour” means 3.6 megajoules;]

• [F7 “licence” and “licence holder” have the meanings given by section 4(5) above;]

• “” F8 . . .

• “notice” means notice in writing;

• [F9 “officer”, in relation to any person, includes any servant or agent of that person, and any officer or servant of such an agent;

• “owner”, in relation to any premises or other property, includes a lessee, and cognate expressions shall be construed accordingly;]

• “prescribed” means prescribed by regulations [F10 made, unless the context otherwise requires, by the Secretary of State];

• [F11 “public gas transporter” has the meaning given by section 7(1) above;]

• F12 . . .

• [F13 “service pipe” means a pipe, other than a distribution main of a public gas transporter, which is used for the purpose of conveying gas from such a main to any premises, and includes part of any such pipe;

• “storage”, in relation to gas, means storage in, or in a facility which is connected (directly or indirectly) to, a pipe-line system operated by a public gas transporter;]

• “subsidiary” [F5 has the meaning given by section 736 of] the Companies Act 1985;

• F14 . . .

• “therm” means 105.506 megajoules.

[F15 (1A) In this Part any reference to an officer authorised by any person includes, in relation to an officer who is an officer or servant of an agent of that person, an officer who, in accordance with the terms of any written authority given by that person to the agent, is authorised by the agent on behalf of that person.]

(2) In this Part, except in section 18, references to the supply of gas do not include references [F16 to the supply of gas (directly or indirectly) to a public gas transporter, gas supplier or gas shipper].

[F17 (2A) In relation to any time after 31st December 1999—

(a) references in this Part to 2,500, 75,000 and 2 million therms shall be construed as references to 73,200, 2,196,000 and 58 million kilowatt hours respectively; and

(b) other references in this Part to therms, and references in this Part to therms or kilowatt hours, shall be construed as references to kilowatt hours.

(2B) A person is of pensionable age for the purposes of this Part if—

(a) he has attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the M2 Pensions Act 1995); or

(b) in the case of a man born before 6th April 1955, he is the same age as a woman who has attained pensionable age (within the meaning so given).

(3) Nothing in this Part relating to the modification of a licence shall authorise the inclusion in a licence of any condition other than one such as is mentioned in section 7B above or, in the case of a modification under section 27 above, as would be so mentioned if the references to the Director in subsection (4)(a), (b) and (d) of section 7B were references to the Secretary of State.]

(4) Nothing in this Part and nothing done under it shall prejudice or affect the operation of any of the relevant statutory provisions (whenever made) as defined in Part I of the M3 Health and Safety at Work etc. Act 1974.

Textual Amendments

F1 Word in s. 48(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(a); S.I. 1996/218, art. 2

F2 Words in s. 48(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(b); S.I. 1996/218, art. 2

F3 Definition in s. 48(1) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(c); S.I. 1996/218, art. 2

F4 Definition in s. 48(1) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(d); S.I. 1996/218, art. 2

F5 Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 144(4), Sch. 18 para. 44(a) (subject to the transitional provisions referred to in S.I. 1990/1392 art. 2(d))

F6 Definition in s. 48(1) inserted (1.4.1992) by S.I. 1992/450, reg. 3(2).

F7 Definition in s. 48(1) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(e); S.I. 1996/218, art. 2

F8 Words in s. 48(1) repealed (1.4.1999) by S.I. 1999/506, art. 20(d)

F9 Definitions in s. 48(1) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(f); S.I. 1996/218, art. 2

F10 Words in definition in s. 48(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(g); S.I. 1996/218, art. 2

F11 Definition in s. 48(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(h); S.I. 1996/218, art. 2

F12 Definition in s. 48(1) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 54(1)(i), Sch. 6; S.I. 1996/218, art. 2

F13 Definitions in s. 48(1) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(1)(j); S.I. 1996/218, art. 2

F14 Definition in s. 48(1) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 54(1)(k), Sch. 6; S.I. 1996/218, art. 2

F15 S. 48(1A) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(2); S.I. 1996/218, art. 2

F16 Words in s. 48(2) substituted (1.3.1996) for s. 48(a)(b) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(3); S.I. 1996/218, art. 2

F17 S. 48(2A)-(3) substituted for s. 48(3) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(4); S.I. 1996/218, art. 2

Modifications etc. (not altering text)

C1 S. 48(1) amended (temp. until 31.12.1999) (1.4.1992) by S.I. 1992/450, reg. 3(4)(b).

Marginal Citations

M1 1985 c. 6.

M2 1995 c.26.

M3 1974 c. 37.