The Gas (Metrication) Regulations 1992

Statutory Instruments

1992 No. 450

GAS

The Gas (Metrication) Regulations 1992

Made

28th February 1992

Laid before Parliament

6th March 1992

Coming into force

1st April 1992

The Secretary of State, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to units of measurement to be used for economic, health, safety or administrative purposes, in exercise of the powers conferred by section 2(2) and (4) of the said Act of 1972, and of all other enabling powers, hereby makes the following Regulations:

PART I GENERAL

Citation and commencement

1.  These Regulations may be cited as the Gas (Metrication) Regulations 1992 and shall come into force on 1st April 1992.

PART II AMENDMENTS OF PRIMARY LEGISLATION

Gas Levy Act 1981

2.—(1) In this regulation any reference to a section followed by a number is a reference to the section bearing that number in the Gas Levy Act 1981(3).

(2) In section 2 (rate of levy) there shall be inserted, after subsection (4), subsection (4A) as follows—

“(4A) The rate of levy may be specified by reference to either therms or gigajoules, provided that the rate for any year subsequent to the year 1998—1999 shall be specified in gigajoules.”.

(3) Until the expiry of 31st December 1999—

( ) sections 3(3) (which specifies how the return for the payment of the gas levy is to be expressed) and 4 (payment of levy where gas is stored in natural reservoirs) shall have effect as if “(or gigajoules, as the case may be,)” were inserted after the word “therms” in each place where it occurs.

(4) With effect from 1st January 2000—

(a) in sections 3(3) and 4, for the word “therms” in each place where it occurs, there shall be substituted the word “gigajoules”; and

(b) in section 7(2), the definition of “therm” shall be omitted.

Gas Act 1986

3.—(1) In this regulation any reference to a section followed by a number is a reference to the section bearing that number in the Gas Act 1986(4).

(2) In section 48(1) (interpretation of Part I of the Act), after the definition of “information”, there shall be inserted the definition

““kilowatt hour” means 3.6 megajoules;”

(3) With effect from 1st January 1995—

(a) in sections 7(9) and 8(5) (which specify, in relation to authorisations, the minimum permissible distance of premises from the main of another public gas supplier) and 10(1)(a) (duty of a public gas supplier to supply gas to any premises within a minimum distance from the main of the supplier), for “25 yards”, there shall be substituted “23 metres”;

(b) in section 10(3)(b) (defrayment of the cost of providing and laying pipes beyond a minimum distance from those of a public gas supplier), for “30 feet” there shall be substituted “10 metres”;

(c) in section 20(1) (requirement for notice of works for the construction of a high pressure pipe-line exceeding a specified length), for “two miles” there shall be substituted “3 kilometres”; and

(d) in section 20(2)(a) (which specifies the minimum scale of a map on which the route of a pipe-line is delineated), for “6 miles to the inch” there shall be substituted “1 in 380,160”.

(4) Until the expiry of 31st December 1999—

(a) sections 12(1) (method of charging according to the number of therms supplied by a public gas supplier on the basis of a declared calorific value of the gas) and 13(1) and (2)(c) (which relate to the alternative method of charging according to the number of therms supplied by a public gas supplier on the basis of the actual calorific value of the gas supplied) shall have effect as if the words “or kilowatt hours” were inserted after the word “therms” in each place where it occurs; and

(b) section 48(1) (interpretation of Part I of the Act) shall have effect as if, in the definition of “therm”, the expression “or 29.3071 kilowatt hours” were inserted after the word “megajoules”.

(5) With effect from 1st January 2000—

(a) in the following provisions (which refer to a minimum supply of gas in various contexts)—

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

(ii) section 7(12) (definition of “relevant main”);

(iii) section 8(5)(b) (which specifies, in relation to authorisations, the minimum distance from the main of a public gas supplier);

(iv) section 10(5) (which concerns the exemption from the duty of a public gas supplier to supply certain premises); and

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

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

(b) in section 6(1) (exception for unauthorised supplies by persons who propose to supply gas at the required rate), for “2,000,000 therms” there shall be substituted “58 million kilowatt hours”;

(c) in sections 12(1) and 13(1) and (2)(c), for the word “therms” in each place where it occurs there shall be substituted the words “kilowatt hours”;

(d) in section 14(3) (requirement of a public gas supplier in fixing certain tariffs not to show undue preference) there shall be substituted the expression “kilowatt hours supplied to any premises in excess of 732,000 kilowatthours” for the expression “therms supplied to any premises in excess of 25,000 therms”; and

(e) in section 48(1), the definition of “therm” shall be omitted.

PART III AMENDMENTS OF SUBORDINATE LEGISLATION

Gas (Declaration of Calorific Value) Regulations 1972

4.—(1) In this regulation any reference to a regulation followed by a number is a reference to the regulation bearing that number in the Gas (Declaration of Calorific Value) Regulations 1972(5).

(2) Regulation 2 (which relates to the calculation of charges for therms supplied by a public gas supplier) shall be re-numbered as regulation 2(1).

(3) After the re-numbered regulation 2(1), the following shall be inserted as regulation 2(2)—

“(2) This regulation shall have effect until the expiry of 31st December 1999.”

(4) After regulation 2, the following shall be inserted as regulation 2A—

“Calculation of charges for kilowatt hours supplied

2A.   Where a public gas supplier charges for gas supplied by it according to the number of kilowatt hours supplied, the number of kilowatt hours supplied to any consumer shall be ascertained by multiplying the number of cubic metres of gas supplied to the consumer by the number of megajoules in the declared calorific value of the gas and dividing by 3.6.”

(5) In regulation 3 (which makes provision for charging for gas supplied on the basis of a declared calorific value of the gas)—

(a) until the expiry of 31st December 1999, paragraph (1) shall have effect as if the words “or kilowatt hours” were inserted after the word “therms”; and

(b) with effect from 1st January 2000, in paragraph (1), for the word “therms” there shall be substituted the words “kilowatt hours”.

Gas Quality Regulations 1983

5.  In the Gas Quality Regulations 1983(6)—

(a) until the expiry of 31st December 1999, regulation 6 (which requires a public gas supplier to maintain the calorific value of the gas supplied at not less than its declared calorific value) shall have effect as if the words “or kilowatt hours” were inserted after the word “therms”, and

(b) with effect from 1st January 2000, in regulation 6, for the word “therms” there shall be substituted the words “kilowatt hours”.

Gas (Alternative Method of Charge) Regulations 1990

6.—(1) In this regulation any reference to a regulation followed by a number is a reference to the regulation bearing that number in the Gas (Alternative Method of Charge) Regulations 1990(7).

(2) (a) Until the expiry of 31st December 1999, regulation 2 (interpretation), regulation 3 (provision for an alternative method of charging on the basis of actual calorific values of gas supplied) and the heading of regulation 5 (calculation on the basis of the actual calorific value of gas supplied) shall have effect as if the words “or kilowatt hours” were inserted after the word “therms” in each place where it occurs; and

(b) with effect from 1st January 2000—

(i) in regulation 2, regulation 3 and in the heading of regulation 5, for the word “therms” in each place where it occurs there shall be substituted the words “kilowatt hours”; and

(ii) regulation 5(1) shall cease to have effect.

(3) In regulation 5, after paragraph 5(1) the following paragraph shall be inserted as paragraph (1A)—

“(1A)   The number of kilowatt hours supplied by a relevant supplier to a customer during a relevant charge period shall be calculated in accordance with the following formula:

where

• A is the number of cubic metres of gas supplied to the customer during the relevant charge period, and B is the relevant calorific value in megajoules per cubic metre, of the gas supplied to the customer during such period.”

(4) In regulation 8 (which makes provision for a public gas supplier to transfer to or from the alternative method of charging for gas)—

(a) until the expiry of 31st December 1999, paragraph (2) shall have effect as if the words “or kilowatt hours” were inserted after the word “therms”; and

(b) with effect from 1st January 2000, in paragraph (2) for the word “therms” there shall be substituted the words “kilowatt hours”.

Gas (Testing of Apparatus and Equipment) Regulations 1990

7.—(1) In this regulation any reference to a regulation followed by a number is a reference to the regulation bearing that number in the Gas (Testing of Apparatus and Equipment) Regulations 1990(8).

(2) In regulation 2 (interpretation)—

(a) until the expiry of 31st December 1999, the definition of “a relevant supplier” shall have effect as if the words “or kilowatt hours” were inserted after the word “therms”; and

(b) with effect from 1st January 2000, in the definition of “a relevant supplier”, for the word “therms” there shall be substituted the words “kilowatt hours”.

(3) In regulation 5 (obligation of a relevant supplier in respect of the printing of quarterly statements and charges)—

(a) until the expiry of 31st December 1999, paragraph (a) shall have effect as if the words “or kilowatt hours” were inserted after the word “therms”; and

(b) with effect from 1st January 2000, in paragraph (a), for the word “therms” there shall be substituted the words “kilowatt hours”.

John Wakeham

Secretary of State for Energy

28th February 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement, for the purposes of the Gas Levy Act 1981 and the Gas Act 1986 and related subordinate legislation, 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.

Provisions in the Gas Act specifying distances for various purposes are amended with effect from 1st January 1995 to refer to metric equivalents. Provisions in the Gas Levy Act, Gas Act and subordinate legislation referring to therms are amended with immediate effect to refer to therms or kilowatt hours, and with effect from 1st January 2000 to refer to kilowatt hours exclusively. A public gas supplier is accordingly enabled to introduce charges based on kilowatt hours progressively over a period of years. The change to kilowatt hours will facilitate comparisons between gas and electricity charges.

The limit of 25,000 therms differentiating between supplies of gas to tariff customers and others and the exception to the prohibition in respect of unauthorised supplies for supplies of gas at the required rate of 2,000,000 therms are given metric equivalents of 732,000 and 58million kilowatt hours, respectively.

(1)

S.I. 1976/897.

(2)

1972 c. 68.

(3)

1981 c. 3; section 3 was substituted by paragraph 3 of Schedule 6 to the Gas Act 1986 (c. 44).

(4)

1986 c. 44.

(5)

S.I. 1972/1878; relevant amending instruments are S.I.1974/847 and S.I. 1980/1851.

(6)

S.I. 1983/363.

(7)

S.I. 1990/1634.

(8)

S.I. 1990/1635.