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(1)The Secretary of State after consultation with the Director, or the Director with the consent of, or in accordance with a general authority given by, the Secretary of State, may authorise any person or persons of any class to supply gas through pipes to any premises specified or of a description specified in the authorisation.
(2)An application for an authorisation under this section to be granted to a particular person shall be made in the prescribed manner; and within 14 days after the making of the application, the applicant shall give notice of the application to any public gas supplier whose authorised area includes the whole or any part of any premises to which the application relates.
(3)An authorisation under this section shall be in writing and, unless previously revoked in accordance with any term in that behalf contained in the authorisation, shall continue in force for such period as may be specified in or determined by or under the authorisation.
(4)An authorisation under this section may include—
(a)such conditions as appear to the grantor to be requisite or expedient having regard to the duties imposed by section 4(2)(c) above;
(b)such conditions as appear to the grantor to be requisite or expedient having regard to subsection (5) below; and
(c)conditions requiring the rendering to the grantor of a payment on the grant of the authorisation or payments during the currency of the authorisation or both of such amount or amounts as may be determined by or under the authorisation.
(5)An authorisation under this section shall not authorise the giving of a supply of gas to any premises situated within [F123 metres] from a main of a public gas supplier unless—
(a)the grantor is of the opinion that the main is not, and is not intended to be, a relevant main;
(b)the grantor has notified the public gas supplier that he is of the opinion that the rate of supply to those premises would be likely to exceed [F22,500 therms] a year; or
(c)the public gas supplier has consented in writing to the giving of the supply.
(6)As soon as practicable after granting an authorisation under this section, the grantor shall—
(a)send a copy of the authorisation to the Health and Safety Executive and to any public gas supplier whose authorised area includes the whole or any part of any premises to which the authorisation relates and, in the case of an authorisation granted by the Secretary of State, to the Director; and
(b)in the case of an authorisation granted to persons of any class, publish such a copy in such manner as he considers appropriate for bringing it to the attention of persons of that class.
(7)Any sums received by the Secretary of State or the Director under this section shall be paid into the Consolidated Fund.
Textual Amendments
F1Words in s. 8(5) substituted (1.1.1995) by S.I. 1992/450, reg. 3(3)(a).
F2Words in s. 8(5)(b) substituted (6.8.1992) by S.I. 1992/1751, art. 2(b).
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