Article 8 Legacy arrangements for secondary metering

(1)

A person (“the relevant person”) is an exempt transporter when conveying gas to premises (“the relevant premises”) where—

(a)

that gas is conveyed for the purpose of its supply to the relevant premises by a gas supplier (“the relevant supplier”);

(b)

that gas was conveyed to the relevant person at premises other than the relevant premises (“the first premises”) by a gas transporter;

(c)

the relevant person is supplied with gas at the first premises by a gas supplier;

(d)

immediately before 1^st March 1996—

(i)

the relevant person conveyed gas to the relevant premises from the first premises for the purpose of its supply to the relevant premises by a public gas supplier or the holder of an authorisation under section 8 of the Act,

(ii)

that gas was conveyed to the first premises by a public gas supplier, and

(iii)

the relevant person was supplied with gas at the first premises by a public gas supplier or the holder of an authorisation under section 8 of the Act; and

(e)

the relevant person complies with the conditions set out in paragraph (2).

(2)

The conditions mentioned in paragraph (1)(e) are—

(a)

that the relevant person refrains from any action intended to impede the choice of gas supplier by the owner or occupier of the relevant premises;

(b)

that the relevant person complies, as soon as is reasonably practicable, with any direction given by the Authority—

(i)

requiring the relevant person to facilitate the exercise by the relevant supplier of functions specified in the direction that would be functions of the relevant supplier under Schedule 2B to the Act (the Gas Code)^f1 in relation to the relevant premises if gas conveyed to those premises were conveyed by a gas transporter;

(ii)

requiring the relevant person to comply with requirements specified in the direction in relation to the relevant premises that would, if the relevant person were a gas transporter, be requirements of the relevant person by virtue of Schedule 2B to the Act.

(3)

But the relevant person does not cease to be an exempt transporter by failing to comply with a direction given by the Authority if the Authority did not consult the relevant person and the Health and Safety Executive on the direction before it was given.

Annotations

Footnotes

f1: Schedule 2B was inserted by section 9 of, and Schedule 2 to, the Gas Act 1995.