The Gas Act 1986 (Exemptions) Order 1999 No. 2639

Conditions of exemption

4.—(1) Subject to paragraph (2) below, every relevant transporter shall, except in so far as the Secretary of State consents to his not doing so, comply with any direction given by the Secretary of State (after he has consulted the relevant transporter, the relevant public gas transporter, the Director and the Health and Safety Executive) that the relevant transporter supply to a relevant public gas transporter such information as may be specified or described in the direction—

(a) at such times, in such form and such manner; and

(b) in respect of such periods,

as may be so specified or described.

(2) Where a relevant transporter is prevented from complying with paragraph (1) above by an incident beyond his control, he shall not be treated as having contravened the condition specified in that paragraph.

(3) In this article—

• “information” means information—

  (a)

  relevant to the operation of a pipe-line system—

  (i)

  which is operated by such public gas transporter as may be specified in the direction given by the Secretary of State; and

  (ii)

  to which gas is conveyed—

  (aa)

  by the relevant transporter in pursuance of the exemption granted by article 3 above; or

  (bb)

  directly or indirectly, by a relevant public gas transporter; and

  (b)

  relating to—

  (i)

  the calorific value or the total quantity of gas expected to be conveyed or which could be conveyed during the next following day by the relevant transporter in pursuance of the exemption granted by article 3 above; or

  (ii)

  any changes in such calorific value or total quantity as may be so specified;

• “day” means the period beginning at 6 a.m. on one day and ending immediately before 6 a.m. on the next following day;

• “relevant public gas transporter” means a public gas transporter operating a pipe-line system to which the relevant transporter undertakes relevant transport.