Section 14 Gas authority’s liability for underground gas storage.
England, Wales and Scotland
Subject to this section, and to section 18(8)(b) of this Act, the F1public gas transportershall be absolutely liable in civil proceedings in respect of damage caused by gas in an underground gas storage, or by gas in the boreholes connected with an underground gas storage, or which is escaping from or has escaped from any underground gas storage or any such boreholes.
For the purposes of the law of tort liability under this section shall be regarded as arising from a duty owed by the public gas transporterto the person suffering the damage, and in section 1 of the M1Fatal Accidents Act 1846, references to a wrongful act, neglect or default shall include references to any occurrence which gives rise to liability under this section.
Subject to the M2Law Reform (Contributory Negligence) Act 1945, where the person suffers the damage as the result of his own fault (including in that expression the fault of his servant or agent) the public gas transportershall not be responsible for the damage.
In this section “damage” means loss of life, personal injury and damage to property, and in relation to Scotland for the reference to the law of tort there shall be substituted a reference to the law of reparation.
Annotations
Textual amendments
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Words in Pt. II (ss. 4-28) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 7(1); S.I. 1996/218, art. 2
Marginal citations
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- M2
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1945 c. 28.(122:3)
Modifications
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Reference to section 1 of the Fatal Accidents Act 1846 (c. 93) in s. 14(2) to be constituted as including references to Fatal Accidents Act 1976 (c. 30); Fatal Accidents Act 1976 (c. 30, SIF 122:3), Sch. 1 para. 2
Notes on Part II
Modifications
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Part II (ss. 4–28) modified (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(2), Sch. 26 para. 32(1)(2) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
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Part II modified (1.12.1991) (E.W.) by Water Resources Act 1991 (c. 57, SIF 130), ss. 48, 55, 60, 61, 65, 225(2), Sch. 7 para. 1(2)(a) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)