# The Gas (Standards of Performance) Regulations 2005, Regulation 12: Payments

Extent: E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) Paragraph (3A) applies where a gas transporter is obliged to make a payment to a customer whose premises are directly connected to the pipe-line system of another gas transporter under regulation 7.
(2) Paragraph (4) applies—
(a) where a gas transporter is obliged to make a payment to a customer whose premises are directly connected to its pipe-line system under any of regulations 7 to 10B (inclusive); or
(b) where a gas transporter receives a payment from another gas transporter for onward transmission to a customer whose premises are directly connected to its pipe-line system.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) Where this paragraph applies and the gas transporter fails within the prescribed period from the applicable date to make the payment to the customer, or to the other gas transporter for onward transmission to the customer of the sum to which he is entitled, the gas transporter shall, except in any of the circumstances described in paragraph (5), pay the prescribed sum to the customer or to that other gas transporter for onward transmission to the customer.
(4) Where this paragraph applies and the gas transporter fails to make payment to the customer of the sum to which he is entitled—
(a) within the prescribed period from the applicable date, where paragraph 2(a) applies; or
(b) within the prescribed period from the applicable date, where paragraph 2(b) applies,
the gas transporter shall, except in any of the circumstances described in paragraph (5), pay to the customer the prescribed sum.
(5) The circumstances described in this paragraph are—
(a) each of the circumstances described in regulation 13; and
(b) that there is a genuine dispute between the relevant operator and the customer as to whether the relevant operator is obliged to make the payment.
(6) Where a relevant operator is required to make a payment under these Regulations–
(a) in relation to any premises of which more than one person is a customer, a payment to any one or more of the customers in respect of those premises shall be a complete discharge of the obligation of the relevant operator to make the payment to all the customers of those premises;
(b) nothing in, or done by a relevant operator in consequence of, these Regulations shall determine who is beneficially entitled to any payment made in pursuance of these Regulations; ...
(c) nothing in these Regulations shall permit a relevant operator to make a payment other than by means of;
(i) a cheque or cash or BACS transfer ..., or
(ii) an account credit for charges incurred or to be incurred in respect of the supply of gas or the provision of any gas meter or the provision of any connection;
(d) where a gas transporter elects to make any payment directly to a customer, the payment by the gas transporter to a person whom it reasonably believes to be the customer in respect of the premises in relation to which the entitlement arises shall be a complete discharge of the obligation of the gas transporter to make the payment to the customer of those premises; and
(e) in relation to a customer whose premises are directly connected to the pipe-line system of another gas transporter, a payment to that other gas transporter for onward transmission to the customer shall be a complete discharge of the obligation of the gas transporter to make the payment to the customer.
(7) Where all or part of the prescribed sum is paid by a gas transporter to a customer under these regulations, such a payment shall not prevent that gas transporter from recovering that payment (or part of that payment) from another gas transporter where that other gas transporter is wholly or partly responsible for the liability arising under these regulations.
(8) In this regulation only—
(a) “payment” means, in respect of regulations 7, 8, 10 and 10B, the aggregate of payments due to a customer under each of those regulations; and
(b) “applicable date” means—
(i) in relation to paragraph (3A), the day upon which the gas transporter receives notification from the other gas transporter in accordance with regulation 7(3)(e); and
(ii) in relation to paragraph (4), in respect of regulation 9 and regulation 10A, the day after the relevant event ends.

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Source: https://www.legislation.gov.uk/uksi/2005/1135/regulation/12 (the official version)
Page: https://openlegislation.uk/gas-standards-of-performance-regulations-2005/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.