{
  "url": "https://openlegislation.uk/gas-calculation-of-thermal-energy-amendment-regulations-1997/regulation-7",
  "json_url": "https://openlegislation.uk/gas-calculation-of-thermal-energy-amendment-regulations-1997/regulation-7.json",
  "legislation": "uksi/1997/937",
  "legislation_title": "The Gas (Calculation of Thermal Energy) (Amendment) Regulations 1997",
  "legislation_url": "https://openlegislation.uk/gas-calculation-of-thermal-energy-amendment-regulations-1997",
  "path": "regulation/7",
  "kind": "regulation",
  "number": "7",
  "heading": null,
  "text": "After regulation 4 of the Principal Regulations there shall be inserted the following regulation—\n“Calculation of daily calorific values—alternative method\n4A (1) The daily calorific value of gas conveyed to any take off point situated in a charging area in respect of a gas day shall be the lower of—\n(a) the area calorific value; and\n(b) the calorific value obtained by adding one megajoule per cubic metre to the lowest of—\n(i) any of the average calorific values determined on the gas day by the public gas transporter pursuant to directions given under regulation 6(a) and (b) below on the basis of samples of gas which is a commingling of gas flowing past an input point for the take off points in the charging area and other gas, where the gas flowing past the input point is not conveyed to any take off point in the charging area without being commingled with the other gas; and\n(ii) any of the average calorific values applicable on the gas day to any input point for the take off points in the charging area, where sub-paragraph (i) above does not apply.\n(2) The daily calorific value of gas conveyed to any take off point not situated in a charging area in respect of a gas day shall be the take off point calorific value.\n(3) In paragraph (1)(a) above, “the area calorific value” means—\n(a) where there is one input point for the take off points in the charging area, the average calorific value applicable to that input point on the gas day; or\n(b) where there is more than one input point for the take off points in the charging area, the calorific value given by the following formula, namely—\nE-E1V-V1 where—\nE the sum of the relevant energy inputs at the input points;\nE1 the sum of the relevant energy ouputs at any output points for those take off points;\nV the sum of the relevant volume inputs at the input points;\nV1 the sum of the relevant volume outputs at those output points,\nand where—\n“the relevant energy input”, in relation to an input point, means the number of megajoules given by multiplying the average calorific value applicable to the input point on the gas day by that volume of gas in cubic metres recorded by the public gas transporter as flowing past the input point on that gas day;\n“the relevant energy output”, in relation to an output point, means the number of megajoules given by multiplying the average calorific value applicable to the output point on the gas day by that volume of gas in cubic metres so recorded as flowing past the output point on that gas day;\n“the relevant volume input”, in relation to an input point, means that volume of gas in cubic metres so recorded as flowing past the input point on the gas day;\n“the relevant volume output”, in relation to an output point, means that volume of gas in cubic metres so recorded as flowing past the output point on the gas day.\n(4) In paragraph (2) above, “the take off point calorific value” means—\n(a) where there is one input point for the take off point, the average calorific value applicable to the input point on the gas day; or\n(b) where there is more than one input point for the take off point, the calorific value given by the following formula, namely—\nEV where\nthe symbols “E” and “V” have the same meanings as in paragraph (3)(b) above.\n(5) Subject to paragraphs (6) and (7) below, in this regulation references to the average calorific value applicable on a gas day to an input point or an output point (“the point”) shall be construed as references to the average calorific value determined on that gas day by the public gas transporter—\n(a) pursuant to directions given under regulation 6(a) and (b) below on the basis of samples of gas flowing past the point;\n(b) where no such directions as are referred to in sub-paragraph (a) above have been given, and it can be shown that the gas flowing past the point will flow or will have flowed past any other place or premises in respect of which directions under regulation 6(a) and (b) below have been given without commingling with any other gas, pursuant to directions under regulation 6(a) and (b) below given on the basis of samples of gas—\n(i) taken at that place or those premises; or\n(ii) if there is more than one of such places or premises, taken at that place which is, or those premises which are, nearest to the point; or\n(c) where no such directions as are referred to in sub-paragraph (a) above have been given, and it cannot be shown as provided in sub-paragraph (b) above, pursuant to directions given under regulation 6(a) and (b) below on the basis of samples of gas taken at any place or premises in respect of which such directions have been so given at which the particular gas flowing past the place or premises—\n(i) will flow past (with or without commingling with any other gas) the point; and\n(ii) will not flow past another place or other premises in respect of which directions have been so given before flowing past the point,\nbut, if there is more than one of such places or premises, taken at that one of those places or premises which would provide a lower determination of average calorific value than the determination of average calorific value provided by the samples taken at any other of those places or premises.\n(6) Where—\n(a) any input point for any take off point to which gas is conveyed by a public gas transporter (“the first transporter”) is a point at which the gas flowing past is gas which has—\n(i) been conveyed by another public gas transporter (“the second transporter”) to the pipe-line system operated by the first transporter; and\n(ii) has not, since its entry into that pipe-line system, been commingled with any other gas; and\n(b) the first transporter has notified the Director of his intention to do so,\nthe first transporter may, for the purposes of paragraph (1) or (3) above, adopt the daily calorific value calculated by the second transporter in accordance with regulation 4 above or this regulation in respect of the point at which the gas entered the pipe-line system operated by the first transporter as the average calorific value applicable to that input point and references in this regulation to the average calorific value applicable to that input point shall be construed accordingly.\n(7) In any case where, other than by reason of the interruption of the flow of gas to be sampled, apparatus provided by the public gas transporter pursuant to directions given under regulation 6(c) below in respect of any place or premises at which samples of gas are taken pursuant to directions given under regulation 6(a) below fails to determine accurately, or at all, calorific values for a continuous period exceeding eight hours in any gas day or gas days, an average calorific value shall be deemed to have been determined on any such day or days by means of that apparatus equivalent to—\n(a) the average calorific value determined by the transporter pursuant to directions so given at the alternative place;\n(b) where there is no alternative place and apparatus has been provided pursuant to directions given under regulation 6(c) below, in respect of the place or premises where the apparatus so failed, throughout the period of twelve months immediately preceding such failure, the lowest of the average calorific values so determined by means of apparatus so provided for each gas day during that period of twelve months when there was no such failure and for the first two gas days after the failure had ceased; or\n(c) where there is no alternative place and apparatus has not been provided pursuant to directions given under regulation 6(c) below, in respect of the place or premises where the apparatus so failed, throughout the period of twelve months immediately preceding such failure, the lower of—\n(i) the lowest of the average calorific values so determined by means of apparatus so provided for each gas day preceding the failure when there was no such failure and for the first two gas days after the failure had ceased; and\n(ii) 37 megajoules per cubic metre.\n(8) In paragraph (7) above, “alternative place”, in relation to a place or premises in respect of which apparatus fails to determine calorific values accurately (“the failure place”), means—\n(a) any place or premises in respect of which—\n(i) directions have been given under regulation 6(a) below; and\n(ii) it can be shown that the gas flowing past the failure place will flow or will have flowed past that place or those premises without commingling with any other gas; or\n(b) if there is more than one of such places or premises, that place which is, or those premises which are, nearest to the failure place.\n(9) In calculating any daily calorific value for the purpose of this regulation—\n(a) any amount of less than 0.05 megajoules per cubic metre shall be ignored; and\n(b) any amount of less than 0.1 but not less than 0.05 megajoules per cubic metre shall be treated as if it were 0.1 megajoules per cubic metre.\n(10) Any question as to whether it can be shown that gas flowing past any input point or output point or other place or premises will flow or will have flowed past any other place or premises shall be determined by the Director.\n(11) In determining for the purposes of this regulation which of any points, places or premises is the nearest to a particular point, place or premises, the distances between any of those points, places or premises and the particular point, place or premises shall be measured along pipes used for conveying gas connecting any of those points, places or premises and the particular point, place or premises.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/937/regulation/7",
    "retrieved_at": "2026-10-29T12:11:23.516224+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}