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- Point in Time (01/12/2004)
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Version Superseded: 01/10/2009
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(1)In this Part, unless the context otherwise requires—
“authorised area”, in relation to a [F1gas transporter], has the meaning given by section 7(2) above;
[F2“authorised supplier” means a person authorised by a licence or exemption to supply to any premises gas which has been conveyed to those premises through pipes;]
[F3“authorised transporter” means a person authorised by a licence or exemption to convey gas through pipes to any premises or to a pipe-line system operated by a gas transporter;]
“calorific value” has the meaning given by section 12(2) above;
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“declared calorific value” has the meaning given by section 12(2) above;
“distribution main”, in relation to a [F1gas transporter], means any main of the [F5transporter] through which the [F5transporter] is for the time being distributing gas and which is not being used only for the purpose of conveying gas in bulk;
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7“exemption” means an exemption under section 6A;]
“gas” means—
any substance in a gaseous state which consists wholly or mainly of—
methane, ethane, propane, butane, hydrogen or carbon monoxide;
a mixture of two or more of those gases; or
a combustible mixture of one or more of those gases and air; and
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;
[F8“gas interconnector” has the meaning given by section 5(8);]
[F9“gas supplier” and “gas shipper” have the meanings given by section 7A(11) above;]
“holding company” [F10has the meaning given by section 736 of] the M1Companies Act 1985;
“information” includes accounts, estimates and returns;
[F11“ kilowatt hour” means 3.6 megajoules;]
[F12“licence” means a licence under section 7[F13, 7ZA] or 7A and “licence holder” shall be construed accordingly;]
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“notice” means notice in writing;
[F15“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 [F16made, unless the context otherwise requires, by the Secretary of State];
[F17“[F1gas transporter]” has the meaning given by section 7(1) above;]
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19[ “service pipe” means a pipe, other than a distribution main of a [F1gas 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 [F1gas transporter];
“subsidiary” [F10has the meaning given by section 736 of] the Companies Act 1985;
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F22(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 [F23to the supply of gas (directly or indirectly) to a [F1gas transporter], gas supplier or gas shipper].
[F24(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 M2Pensions 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).
F25(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Words in s. 48 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
F2Definition of “authorised supplier” in s. 48(1) inserted (7.11.2000 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 19(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F3Definition of “authorised transporter” in s. 48(1) inserted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 19(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F4Definition of “the council” in s. 48(1) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F5Words 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
F6Definition of “domestic customer” in s. 48(1) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 19(c), Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F7Definition of “exemption” in s. 48(1) inserted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 19(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F8Words in s. 48(1) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(11), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2
F9Words 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
F10Words 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))
F11Definition in s. 48(1) inserted (1.4.1992) by S.I. 1992/450, reg. 3(2).
F12Definition of “licence” in s. 48(1) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 19(d); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F13Word in s. 48(1) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(8)(a), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2
F14Words in s. 48(1) repealed (1.4.1999) by S.I. 1999/506, art. 20(d)
F15Words 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
F16Words 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
F17Words 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
F18Words 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
F19Words 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
F20Words 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
F21Definition of "therm" in s. 48(1) omitted (1.1.2000) by virtue of S.I. 1992/450, reg. 3(5)(e).
F22S. 48(1A) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(2); S.I. 1996/218, art. 2
F23Words in s. 48(2) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 54(3); S.I. 1996/218, art. 2
F24S. 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
F25S. 48(3)(4) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
Modifications etc. (not altering text)
C1S. 48(1) amended (temp. until 31.12.1999) (1.4.1992) by S.I. 1992/450, reg. 3(4)(b).
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