# The Gas (Standards of Performance) Regulations 2002, Regulation 8: Exemptions


(1) The circumstances described in paragraphs (2) to (4) and (6) to (8) are the circumstances described in this regulation.
(2) The customer informs the gas supplier before the applicable date that the customer does not wish the gas supplier to take any action, or any further action in relation to the matter.
(3) The customer agrees with the gas supplier that the action taken by the gas supplier before the applicable date shall be treated as the taking by the gas supplier of the action required by the regulation and, where the action taken by the gas supplier includes a promise to perform any action (whether before or after the applicable date), the gas supplier duly performs that promise.
(4) Where information is or is required to be provided by the customer to the gas supplier, the information is provided to an address or by use of a telephone number other than the address or telephone number which the gas supplier has advised the customer is appropriate for receipt of information of that type or, in the case of information given by telephone for the purpose of regulation 5(1) was given outside such reasonable hours as the gas supplier has advised the customer are the hours during which the telephone number will be available for the receipt of information of that type.
(5) For the purposes of paragraph (4) the gas supplier may advise the customer by publishing the address, the telephone number or the hours in such a manner as may be appropriate for the purpose of bringing the advice to the attention of customers likely to be affected by it.
(6) It was not reasonably practicable for the gas supplier to take the action required by the regulation before the applicable date as a result of—
(a) severe weather conditions;
(b) industrial action by the employees of the gas supplier;
(c) the act or default of a person other than an officer, employee or agent of the gas supplier, or a person acting on behalf of an agent of the gas supplier;
(d) the inability of the gas supplier to obtain any necessary access to any premises;
(e) the existence of circumstances by reason of which the gas supplier could reasonably expect that if he took the action he would or would be likely to be in breach of an enactment; or
(f) other circumstances of an exceptional nature beyond the control of the gas supplier;
and the gas supplier had taken all such steps as it was reasonable to take both to prevent the circumstances from occurring and to prevent them from having that effect.
(7) The gas supplier reasonably considers that the information given by the customer was frivolous or vexatious.
(8) The customer has—
(a) committed an offence under paragraph 10 of Schedule 2B to the Act, or
(b) failed to pay any charges due to the gas supplier after receiving a notice under paragraph 7 of Schedule 2B to the Act,
and the action taken or not taken by the gas supplier was in exercise of his powers under the relevant paragraph or sub-paragraph.

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Source: https://www.legislation.gov.uk/uksi/2002/475/regulation/8 (the official version)
Page: https://openlegislation.uk/gas-standards-of-performance-regulations-2002/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.