The Gas (Modification of Therm Limits) Order 1992

Statutory Instruments

1992 No. 1751

GAS

The Gas (Modification of Therm Limits) Order 1992

Made

14th July 1992

Laid before Parliament

16th July 1992

Coming into force

6th August 1992

The Secretary of State, in exercise of the powers conferred on him (as respects article 2) by section 8A(1) of the Gas Act 1986(1)and after consultation with the Director General of Gas Supply and (as respects article 3) by section 2(2) of the European Communities Act 1972(2) being the Minister designated(3) for the purposes of that section in relation to units of measurement to be used for economic, health, safety or administrative purposes, and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Gas (Modification of Therm Limits) Order 1992 and shall come into force on 6th August 1992.

Amendment of the Gas Act 1986

2.  In the following provisions of the Gas Act 1986:—

(a) section 4(2)(d) (duty of Secretary of State etc. to enable persons to compete effectively);

(b) section 8(5)(b) (limitation of authorisation to premises a minimum distance from the main of a public gas supplier unless a specified rate of supply is exceeded of gas); and

(c) section 14(4)(b) (provision for special agreements with customers for a minimum supply of gas),

for “25,000 therms ” there shall be substituted “2,500 therms”.

Consequential amendment of the Gas (Metrication) Regulations 1992

3.  For paragraph (5)(a) of regulation 3 of the Gas (Metrication) Regulations 1992(4) there shall be substituted the following paragraph:—

“(5) With effect from 1st January 2000—

(a) in the following provisions—

(i) section 7(12) (definition of “relevant main”), and

(ii) section 10(5) (limitation on public gas supplier’s duty to supply),

• for “25,000 therms ” there shall be substituted “732,000 kilowatt hours ”; and

  (aa)

  in the following provisions—

  (i)

  section 4(2)(d) (duty of Secretary of State etc. to enable persons to compete effectively),

  (ii)

  section 8(5)(b) (limitation of authorisation to premises a minimum distance from the main of a public gas supplier unless a specified rate of supply is exceeded of gas), and

  (iii)

  section 14(4)(b) (provision for special agreements with customers for a minimum supply of gas),

• for “2,500 therms ” there shall be substituted “73,200 kilowatt hours ”;”.

Tim Eggar

Minister of State,

Department of Trade and Industry

14th July 1992

Explanatory Note

(This note is not part of the Order)

This Order varies the limit of 25,000 therms specified in sections 4(2)(d), 8(5)(b) and 14(4)(b) of the Gas Act 1986. The Order provides for the limits in those provisions to be reduced from 25,000 therms to 2,500 therms.

The Order also makes consequential changes to regulation 3(5) of the Gas (Metrication) Regulations 1992, s.i. 1992/450 in relation to sections 4(2)(d), 8(5)(b). These regulations implement Council Directive No.80/181/EEC (O.J.1980, No.L39, 15.2.80, p.40), as amended by Council Directive No.89/617/EEC (O.J.1989, No.L357, 7.12.89, p.28), which establishes the units of measurement to be used throughout the Community. Regulation 3(5) specifies that the conversion oon 25,000 therms into kilowatt hours becomes effective from 1st January 2000. The Order provides for the references to “25,000 therms ”and “732,000 kilowatt hours ”in regulation 3(5) to be replaced with a reference to “2,500 therms ” and “73,200 kilowatt hours ”in respect of those provisions mentioned above which are amended by this Order.

(1)

1986 c. 44; section 8A(1) was inserted by section 37 of the Competition and Service Utilities Act 1992 (c. 43), and section 4 was amended by paragraph 5 of Schedule 1 to that Act.

(2)

972 c.68.

(3)

S.I.1976/897.

(4)

S.I.1992/450.