Explanatory note

These Regulations amend the Gas (Standards of Performance) Regulations 2002 (S.I. 2002/475) (the Principal Regulations) by prescribing the sum which a gas transporter must pay to a customer by way of compensation for failure to meet three new standards of performance contained in these regulations and, by amendment, a standard of performance in the Principal Regulations. They also make necessary consequential amendments to the Principal Regulations and correct provisions in relation to exemptions in those Regulations.

Regulation 3 introduces the three new standards. The new regulation 4A provides that where the conveyance of gas by a gas transporter is discontinued as a result of a fault or damage to his pipe-line system, he must pay the prescribed compensation if the conveyance of gas is not resumed within the prescribed periods.

The new Regulation 4B provides that where the gas transporter has carried out certain works on the customer’s premises, he must pay the prescribed compensation if he does not reinstate the customer’s premises within prescribed periods.

The new Regulation 4C provides that where the conveyance of gas to a priority domestic customer is discontinued, either on a planned or unplanned basis, he must pay the prescribed compensation if the customer is not provided with alternative heating or cooking facilities within the prescribed periods.

Regulation 5 amends the Principal Regulations to provide that where a gas transporter agrees to make a visit for specified purposes on a particular day, he must pay the prescribed compensation if he does not make the visit on that day.

Regulation 7 requires the gas transporter to pay the prescribed compensation if he fails to notify the customer of the liability of the gas transporter to make the payment within the prescribed period. It also enables the gas transporter to give the notice and make the payment either directly to the customer or to the relevant gas shipper for onward transmission to the customer.

Regulation 8 amends the Principal Regulations by introducing additional exemptions to the liability to make payments where the gas transporter is exercising specified statutory rights. It also corrects the date by which certain exemptions may have effect.

Regulations 9 and 10 amend the Principal Regulations by inserting an obligation on a gas transporter to provide information in relation to the rights prescribed by those Regulations and the overall standards determined by the Authority under section 33BA of the Act equivalent to the obligation on gas suppliers in the Principal Regulations.