Regulation 6 Amendment of regulation 10 of the Principal Regulations

Regulation 10 (Connections) is amended as follows.

In paragraph (1)(a)—

In paragraph (1)(b)—

In paragraph (1)(c) for “paragraph (3)(d)” substitute “paragraph (3)(c)”.

In paragraph (1)(d) for “paragraphs (3)(e) and (f)” substitute “paragraphs (3)(d) and (e)”.

For paragraph (3) substitute—

“(3)

Where this regulation applies and the relevant gas transporter fails—

(a)

within the prescribed period from the applicable date to issue to a customer a standard quotation for—

(i)

a new connection up to and including 275kWh per hour;

(ii)

an alteration of an existing connection up to and including 275kWh per hour; or

(iii)

a disconnection where the pressure is less than 2 bar gauge;

(b)

within the prescribed period from the applicable date to issue to a customer a non-standard quotation for—

(i)

a new connection up to and including 275kWh per hour;

(ii)

an alteration of an existing connection up to and including 275kWh per hour;

(iii)

a disconnection where the pressure is less than 2 bar gauge;

(iv)

a new connection greater than 275kWh per hour;

(v)

an alteration of an existing connection greater than 275kWh per hour;

(vi)

a diversion; or

(vii)

a disconnection where the pressure is greater than or equal to 2 bar gauge;

(c)

within the prescribed period from the applicable date to respond to a land enquiry in respect of—

(i)

a new connection up to and including 275kWh per hour;

(ii)

an alteration of an existing connection up to and including 275kWh per hour;

(iii)

a disconnection where the pressure is less than 2 bar gauge;

(iv)

a new connection greater than 275kWh per hour;

(v)

an alteration of an existing connection greater than 275kWh per hour; or

(vi)

a disconnection where the pressure is greater than or equal to 2 bar gauge;

(d)

within the prescribed period from the applicable date to offer a date for commencement of work on the connection and substantial completion on specified days in respect of—

(i)

a new connection up to and including 275kWh per hour;

(ii)

an alteration of an existing connection up to and including 275kWh per hour;

(iii)

a new connection greater than 275kWh per hour; or

(iv)

an alteration of an existing connection greater than 275kWh per hour; or

(e)

substantially to complete a connection on the date agreed with the customer in respect of a connection with a quoted cost to the customer of—

(i)

up to and including £1,000;

(ii)

over £1,000 but not exceeding £4,000;

(iii)

over £4,000 but not exceeding £20,000;

(iv)

over £20,000 but not exceeding £50,000; or

(v)

over £50,000 but not exceeding £100,000,

the relevant gas transporter must, except in the circumstances described in paragraph (6), pay to the customer the prescribed sum in respect of each initial failure and for each additional working day during which the failure continues (including the day on which the appropriate action is taken to meet the requirements of the relevant sub-paragraphs).

(3A)

Where this regulation applies and the relevant gas transporter fails to provide the customer with an accurate quotation with regards to the provision of a new connection or alteration of an existing connection, the relevant gas transporter must, except in the circumstances described in paragraph (6), refund the customer any overcharge that has been paid.”.

In paragraph (4) after “challenges a quotation” insert “with regards to the provision of a connection or alteration of an existing connection”.

For paragraph (6)(b) to (h) substitute—

“(b)

that the making of an additional payment of the prescribed sum in respect of the continuation of any one breach under paragraph (3)(a) or any of paragraphs (3)(b)(i) to (iii) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the lesser of the prescribed cap or the quotation sum;

(ba)

that the making of an additional payment of the prescribed sum in respect of the continuation of any one breach under any of paragraphs (3)(b)(iv) to (vii) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the lesser of the prescribed cap or the quotation sum;

(c)

that the making of an additional payment of the prescribed sum in respect of the continuation of any one breach under any of paragraphs (3)(c)(i) to (iii) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the prescribed cap;

(ca)

that the making of an additional payment of the prescribed sum in respect of the continuation of any one breach under any of paragraphs (3)(c)(iv) to (vi) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the prescribed cap;

(d)

that the making of an additional payment of the prescribed sum in respect of a continuation of any one breach under paragraph (3)(d)(i) or (ii) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the lesser of the prescribed cap or the quotation sum;

(da)

that the making of an additional payment of the prescribed sum in respect of a continuation of any one breach under paragraph (3)(d)(iii) or (iv) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the lesser of the prescribed cap or the quotation sum;

(e)

that the making of an additional payment of the prescribed sum in respect of a continuation of any one breach under paragraph (3)(e)(i) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the lesser of the prescribed cap or the contract sum;

(f)

that the making of an additional payment of the prescribed sum in respect of a continuation of any one breach under paragraph (3)(e)(ii) or (iii) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed 50% of the contract sum;

(g)

that the making of an additional payment of the prescribed sum in respect of a continuation of any one breach under paragraph 3(e)(iv) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the prescribed cap;

(h)

that the making of an additional payment of the prescribed sum in respect of a continuation of any one breach under paragraph 3(e)(v) would cause the aggregate of payments of the prescribed sum to the customer in respect of that breach to exceed the prescribed cap;”.

In paragraph (7)(b) after “connection” insert “, alteration, diversion or disconnection”.

In paragraph (7)(c) after “connection” insert “or alteration”.