Section 9 General powers and duties.

England, Wales and Scotland

(1)

It shall be the duty of a F1gas transporter as respects each authorised area of his—

(a)

to develop and maintain an efficient and economical pipe-line system for the conveyance of gas; and

(b)

subject to paragraph (a) above, to comply, so far as it is economical to do so, with any reasonable request for him F2—

(i)

to connect to that system, and convey gas by means of that system to, any premises F3; or.

(ii)

to connect to that system a pipe-line system operated by an authorised transporter.

(1A)

F4It shall also be the duty of a gas transporter to facilitate competition in the supply of gas.

(2)

It shall also be the duty of a gas transporter to avoid any undue preference or undue discrimination—

(a)

in the connection of premises F5, or a pipe-line system operated by an authorised transporter, to any pipe-line system operated by him; or

(b)

in the terms on which he undertakes the conveyance of gas by means of such a system.

(2A)

F6The conditions of a licence held by a gas transporter may include a condition requiring the gas transporter, in performing a duty under subsection (1), (1A) or (2), to have regard to the interests of existing and future consumers in relation to electricity conveyed by distribution systems or transmission systems (within the meaning of the Electricity Act 1989).

(3)

The following provisions shall have effect, namely—

(a)

Schedule 3 to this Act (which provides for the acquisition of land by gas transporters); and

(b)

Schedule 4 to this Act (which relates to the breaking up of streets and bridges by such transporters).

Annotations

Textual amendments

F1: Words in s. 9(1)(2)(3)(a) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F2: S. 9(1)(b): “-(i)”inserted (1.10.2001) by 2000 c. 27, s. 79(2)(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F3: S. 9(1)(b)(ii) and the word “or”immediately preceding it inserted (1.10.2001) by 2000 c. 27, s. 79(2)(b); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F4: S. 9(1A) inserted (1.10.2001) by 2000 c. 27, s. 79(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F5: Words in s. 9(2)(a) inserted (1.10.2001) by 2000 c. 27, s. 79(4); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F6: S. 9(2A) inserted (31.1.2024) by Energy Act 2023 (c. 52), ss. 177(4), 334(1); S.I. 2024/32, reg. 3(a)(vii)
F7: S. 9 substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 3; S.I. 1996/218, art. 2

Modifications

C1

S. 9(1)(b) applied (with modifications) (1.3.1996) by S.I. 1996/399, art. 3(1)

C2

S. 9(3)(a) functions exercisable in or as regards Scotland (14.12.2000) by S.I. 2000/3253, art. 2, Sch. 1 para. 6 (with transitional provisions in art. 6)

S. 9(3)(a) functions transferred to Scottish Ministers (15.12.2000) by S.I. 2000/3253, art. 3, Sch. 2 (with transitional provisions in art. 6)