- Latest available (Revised)
- Point in Time (06/04/2015)
- Original (As made)
Version Superseded: 06/04/2018
Point in time view as at 06/04/2015.
There are currently no known outstanding effects for the The Gas Safety (Installation and Use) Regulations 1998, PART G.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
37.—(1) Where any gas escapes from any pipe of a gas supplier or from any pipe, other gas fitting or gas storage vessel used by a person supplied with gas by a gas supplier, the supplier of the gas shall, within 12 hours of being so informed of the escape, prevent the gas escaping (whether by cutting off the supply of gas to any premises or otherwise).
(2) If the responsible person for any premises knows or has reason to suspect that gas is escaping into those premises, he shall immediately take all reasonable steps to cause the supply of gas to be shut off at such place as may be necessary to prevent further escape of gas.
(3) If gas continues to escape into those premises after the supply of gas has been shut off or when a smell of gas persists, the responsible person for the premises discovering such escape or smell shall immediately give notice of the escape or smell to the supplier of the gas.
(4) Where an escape of gas has been stopped by shutting off the supply, no person shall cause or permit the supply to be re-opened (other than in the course of repair) until all necessary steps have been taken to prevent a recurrence of such escape.
(5) In any proceedings for an offence under paragraph (1) above it shall be a defence for the supplier of the gas to prove that it was not reasonably practicable for him effectually to prevent the gas from escaping within the period of 12 hours referred to in that paragraph, and that he did effectually prevent the escape of gas as soon as it was reasonably practicable for him to do so.
(6) Nothing in paragraphs (1) and (5) above shall prevent the supplier of the gas appointing another person to act on his behalf to prevent an escape of gas supplied by that supplier.
(7) Nothing in paragraphs (1) to (6) above shall apply to an escape of gas from a network (within the meaning of regulation 2 of the Gas Safety (Management) Regulations 1996(1)) or from a gas fitting supplied with gas from a network.
(8) In this regulation any reference to an escape of gas from a gas fitting includes a reference to an escape or emission of carbon monoxide gas resulting from incomplete combustion of gas in a gas fitting, but, to the extent that this regulation relates to such an escape or emission of carbon monoxide gas, the requirements imposed upon a supplier by paragraph (1) above shall, where the escape or emission is notified to the supplier by the person to whom the gas has been supplied, be limited to advising that person of the immediate action to be taken to prevent such escape or emission and the need for the examination and, where necessary, repair of the fitting by a competent person.
Commencement Information
I1Reg. 37 in force at 3.10.1998, see reg. 1
38.—(1) Where a consumer uses gas for the purpose of working or supplying plant which is liable to produce pressure fluctuation in the gas supply such as to cause any danger to other consumers, he shall comply with such directions as may be given to him by the transporter of the gas to prevent such danger.
(2) Where a consumer intends to use for or in connection with the consumption of gas any gaseous substance he shall—
(a)give to the transporter of the gas at least 14 days notice in writing of that intention; and
(b)during such use comply with such directions as the transporter may have given to him to prevent the admission of such substance into the gas supply;
and in this paragraph “gaseous substance” includes compressed air but does not include any gaseous substance supplied by the transporter.
(3) Where a direction under paragraphs (1) or (2) above requires the provision of any device, the consumer shall ensure that the device is adequately maintained.
(4) Any direction given pursuant to this regulation shall be in writing.
Commencement Information
I2Reg. 38 in force at 3.10.1998, see reg. 1
39. No person shall be guilty of an offence by reason of contravention of regulation 3(2) or (6), 5(1), 7(3), 15, 16(2) or (3), 17(1), 27(5), 30 (insofar as it relates to the installation of a gas fire, other gas space heater or a gas water heater of more than 14 kilowatt gross heat input), 33(1), 35 or 36 of these Regulations in any case in which he can show that he took all reasonable steps to prevent that contravention.
Commencement Information
I3Reg. 39 in force at 3.10.1998, see reg. 1
40.—(1) Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons from any requirement or prohibition imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
(2) The Health and Safety Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to—
(a)the conditions, if any, which it proposes to attach to the exemption; and
(b)any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety of persons likely to be affected by the exemption, will not be prejudiced in consequence of it.
Commencement Information
I4Reg. 40 in force at 3.10.1998, see reg. 1
41.—(1) The Gas Safety (Installation and Use) Regulations 1994(2), the Gas Safety (Installation and Use) (Amendment) Regulations 1996(3) and the Gas Safety (Installation and Use) (Amendment) (No. 2) Regulations 1996(4) are hereby revoked.
(2) Schedule 2B to the Gas Act 1986(5) shall be amended as follows—
(a)In paragraph 17(1) the words “pressure fluctuation in the transporter’s pipe-line system and any other” and the words “or danger” shall be deleted;
(b)In paragraph 17(2) after the words “if so required” there shall be added “other than for the purpose of preventing danger”; and
(c)In paragraph 17(5) and (6) after the words “this paragraph” there shall be added “or regulation 38 of the Gas Safety (Installation and Use) Regulations 1998 or directions made thereunder”.
Commencement Information
I5Reg. 41 in force at 3.10.1998, see reg. 1
1986 c. 44; Schedule 2B was inserted by the Gas Act 1995 (c. 45) section 9(2) and Schedule 2.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.