{ "url": "https://openlegislation.uk/gas-calculation-of-thermal-energy-regulations-1996/regulation-4", "json_url": "https://openlegislation.uk/gas-calculation-of-thermal-energy-regulations-1996/regulation-4.json", "legislation": "uksi/1996/439", "legislation_title": "The Gas (Calculation of Thermal Energy) Regulations 1996", "legislation_url": "https://openlegislation.uk/gas-calculation-of-thermal-energy-regulations-1996", "path": "regulation/4", "kind": "regulation", "number": "4", "heading": "Calculation of daily calorific values", "text": "(1) Subject to paragraphs (2) and (3) below, the daily calorific value of gas conveyed to any take off point in respect of any gas day shall be the lowest of—\n(a) any of the average calorific values determined on that gas day by the public gas transporter pursuant to directions given by the Director under regulation 6(a) and (b) below for the purpose of making determinations of calorific values of gas conveyed to that take off point or, where the take off point is situated in a charging area, to the take off points situated in that charging area; and\n(b) any daily calorific value for that gas day adopted by the transporter in accordance with paragraph (5) below which is calculated in respect of a point at which gas conveyed to the take off point or, where the take off point is situated in a charging area, to the take off points in that charging area, enters the pipe-line system operated by the transporter.\n(2) Where such directions as are referred to in paragraph (1)(a) above require determinations to be made on the basis of samples of gas taken at different places or premises in respect of the take off points in a charging area and the flow of the gas to be sampled at any, but not all, of those places or premises is interrupted on any gas day for a period exceeding 12 hours in that gas day, any determination of calorific value on the basis of the samples taken at that place or those premises shall be ignored in calculating the daily calorific value for that gas day in respect of those take off points.\n(3) 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 under regulation 6(b) 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) where, for the purposes of these Regulations or of the Gas (Alternative Method of Charge) Regulations 1990, the apparatus had been provided for determining calorific values in respect of the same place or premises throughout the period of 12 months immediately preceding such failure, the lowest of—\n(i) the average calorific values determined by that apparatus for each gas day on which paragraph (2) above and this paragraph did not apply in respect of the apparatus in any part of the period after the commencement of these Regulations and for the first two gas days in which the apparatus does not fail to determine calorific values accurately following the failure; and\n(ii) the actual calorific values determined by that apparatus for any day on which regulation 6 or 7 of the said Regulations of 1990 did not apply in respect of the apparatus in any part of the period before such commencement for the purposes of those Regulations;\n(b) where sub-paragraph (a) does not apply, the lower of—\n(i) the lowest of the average calorific values or actual calorific values so determined for the purposes referred to in that sub-paragraph before the failure and for the first two gas days in which the apparatus determines calorific values accurately following the failure; and\n(ii) 37 megajoules per cubic metre.\n(4) In calculating any daily calorific value—\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 it were 0.1 megajoules per cubic metre.\n(5) Where—\n(a) gas has been conveyed to the pipe-line system operated by a public gas transporter (“the first transporter”) by another public gas transporter (“the second transporter”); and\n(b) the first transporter has notified the Director of his intention to do so,\nthe first transporter may for the purpose of paragraph (1) above adopt the daily calorific values calculated by the second transporter in respect of any take off point which is a point at which gas conveyed by the second transporter enters the pipe-line system operated by the first transporter.", "extent": null, "status": null, "version": "current", "annotations": [ { "type": "footnote", "label": "f1", "text": "S. 1 1990/1634; those Regulations lapsed immediately before the commencement of these Regulations." } ], "outstanding_effects": [ { "type": "amended", "affecting": "uksi/1997/937", "affecting_title": "The Gas (Calculation of Thermal Energy) (Amendment) Regulations 1997" }, { "type": "amended", "affecting": "uksi/1997/937", "affecting_title": "The Gas (Calculation of Thermal Energy) (Amendment) Regulations 1997" }, { "type": "amended", "affecting": "uksi/1997/937", "affecting_title": "The Gas (Calculation of Thermal Energy) (Amendment) Regulations 1997" }, { "type": "amended", "affecting": "uksi/1997/937", "affecting_title": "The Gas (Calculation of Thermal Energy) (Amendment) Regulations 1997" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/uksi/1996/439/regulation/4", "retrieved_at": "2026-10-29T12:51:35.855660+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." }