Planning Act 2008

Gas Act 1965 (c. 36)

14 (1) Section 6 (controlled operations: carrying out of works to remedy a default) is amended as follows.

(2) In subsection (1)—

(a) for “without the consent of the Minister” substitute “in breach of section 5(2)”,

(b) for “failure to comply with any conditions subject to which the Minister’s consent to the carrying out of any controlled operations has been granted” substitute “relevant failure to comply”, and

(c) after “foregoing section” insert “or in circumstances involving a relevant failure to comply”.

(3) In subsection (5) for the words from “failed” to the end substitute “was responsible for the relevant failure to comply.”

(4) After subsection (8) insert—

“(9) In this section “relevant failure to comply” means—

(a) in a case where the Minister’s consent to the carrying out of controlled operations has been obtained under section 5, a failure to comply with any conditions subject to which the Minister’s consent was granted;

(b) in a case where the carrying out of controlled operations has been authorised by an order granting development consent under the Planning Act 2008, a breach of the terms of the order or other failure to comply with the terms of the order.”