Explanatory note

These Regulations revoke and remake with amendments the Gas Safety (Installation and Use) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 3). The Regulations impose requirements as to the installation and use of gas fittings for the purpose of protecting the public from risks arising from the transmission, distribution, supply or use of gas conveyed from pipes or from a gas storage vessel. Gas fittings are gas pipework, valves, regulators and meters, and fittings, apparatus and appliances designed for use by consumers for heating, lighting, cooking or other purposes but not a service pipe or any part of a distribution main or other pipe upstream of a service pipe. A gas storage vessel is a storage container designed to be filled or refilled with gas at the place where it is connected for use or a refillable cylinder designed to store gas but not a cylinder or cartridge designed to be disposed of when empty.

The Regulations apply to natural gas, liquefied petroleum gas, coke oven gas, and methane from coal mines etc. when these products are “used” (see definition of “gas appliance” in regulation 2(1)). The Regulations do not, however, apply in respect of a mine, quarry, agricultural premises, factories, specified premises deemed to be a factory under the Factories Act (Northern Ireland) 1965 (that is, electrical stations, institutions, docks and ships), premises used for testing gas fittings, premises used for treating sewage or temporary installations used in connection with any building operation or work of engineering construction except in relation to any part of such premises used for domestic or residential purposes or as sleeping accommodation and except in relation to regulation 37 (escape of gas) (regulation 2(4)). Also, with the exception of regulations 3, 35 and 36, the Regulations do not apply to portable or mobile appliances supplied with gas from a cylinder (see definition of “gas appliance”) nor do they apply to the supply of gas to, or anything done in respect of a gas fitting on, specified vessels and vehicles, propulsion systems for vehicles or bunsen burners used in laboratories (regulation 2(5) and (6)).

Regulations 3 to 10 contain provisions of general application. A person shall not carry out work in relation to a gas fitting or gas storage vessel unless he is competent to do so (regulation 3(1)) and the employer of such a person is required to ensure that this provision is complied with (regulation 3(2)) and also that such person complies with those other provisions of the Regulations which impose duties on that person (regulation 3(6)). An employer is prohibited from allowing his employees to carry out work in relation to a gas fitting unless the employer is a member of a class of persons approved by the Department of Economic Development (“the Department”) and a self-employed person is also prohibited from carrying out such work unless he is a member of such a class (regulation 3(3)) with the exception of replacing specified hoses and regulators (regulation 3(4)). The approval (and any withdrawal of it) is required to be in writing and notice of it must be given to such persons and in such manner as the Department considers appropriate (regulation 3(5)). The Regulations prohibit any person from falsely pretending to be a member of a class of persons required to be approved by the Department (regulation 3(7)). Regulation 4 requires employers and self-employed persons to take steps to ensure that any work in relation to a gas fitting carried out at any place of work under their control is undertaken by specified persons. Regulations 5 to 6(9), 7, 8 and 10 impose requirements on persons installing or working on gas fittings or gas storage vessels. In particular, regulation 6(7) to (9) requires safety precautions to be taken in respect of gas storage vessels and specified appliances fuelled by liquefied petroleum gas. Regulation 6(10) prohibits the storing of methane on domestic premises, except in commercially filled cylinders and in vehicles fuelled by gas. Regulation 9 prohibits a new supply of gas being given to a building unless there are adequate emergency controls.

Regulations 11 to 17 contain provisions relating to meter installations and regulators. Regulations 12, 13(1), (3) and (4), 14(1) and (5) and 16(1) impose requirements on installers. Regulations 14(2) and (6), 15 and 16(2) and (3) also impose duties on suppliers or transporters of gas or other persons.

Regulations 18 to 24 contain provisions relating to installation pipework. For the most part they impose requirements on persons installing or working on installation pipework. Regulations 22(3) and 23(2) impose requirements on suppliers of gas and those responsible for premises supplied with gas respectively.

Regulations 25 to 34 contain provisions relating to gas appliances. They impose requirements on persons installing, working on or using gas appliances. Regulation 30 imposes restrictions on the type of gas appliance that may be installed in a room used or intended to be used as a bathroom or shower room or in sleeping accommodation. Regulations 33(3) and 34(1), (2) and (3) impose requirements on suppliers of gas, those responsible for premises supplied with gas and persons working on gas fittings respectively.

Regulations 35 to 40 contain miscellaneous provisions. Regulation 35 imposes requirements upon employers and self-employed persons with regard to the maintenance of gas appliances and installation pipework installed at any place of work under their control. Regulation 36 imposes requirements on persons who let premises (i) with regard to the maintenance of gas appliances, installation pipework and flues owned by them on those premises (regulation 36(2), (3)(a), (4), (7) and (8)); and (ii) with regard to the keeping and providing copies of records in respect of any gas appliance required to be so maintained (regulation 35(3)(b), (5) and (6)). Regulation 37 deals with escapes of gas. Regulation 38 provides, in respect of certain provisions of the Regulations, a defence if the accused can show that he took all reasonable steps to prevent a contravention of the provisions concerned. Regulation 39 provides that the Department, by a certificate in writing may, subject to conditions, grant exemptions from the Regulations.

In Great Britain, amendments corresponding to those in these Regulations are contained in the Gas Safety (Installation and Use) (Amendment) Regulations 1996 and the Gas Safety (Installation and Use) (Amendment) (No. 2) Regulations 1996. The Great Britain Health and Safety Executive has prepared cost benefit assessments in relation to those Regulations and copies of those assessments together with the Northern Ireland Supplement prepared by the Department are held at 83 Ladas Drive, Belfast, BT6 9FJ from where copies may be obtained on request.

A person who contravenes the Regulations or any requirement or prohibition imposed thereunder is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.