Regulation 3 InterpretationI1

In these Regulations, unless the context otherwise requires,

• “the Act” means the Gas Act 1986;

• “accurate” means:

  1. (i)

     in respect of a standard quotation for the provision of a connection F1or alteration of an existing connection up to and including 275 kWh per hour within 5% or £150 (whichever is greater) of the correct amount as calculated in accordance with the relevant gas transporter’s connection charging statement issued in accordance with F2... its licence; or

  2. (ii)

     in respect of a non-standard quotation for the provision of a connection F3or alteration of an existing connection up to and including 275 kWh per hour within 5% or £150 (whichever is the greater) of the correct amount as calculated in accordance with the relevant gas transporter’s connection charging statement issued in accordance with ... its licence; or

  3. (iii)

     in respect of a non-standard quotation for the provision of a connection greater than 275 kWh per hour within 5% or £300 (whichever is the greater) of the correct amount as calculated in accordance with the relevant gas transporter’s connection statement issued in accordance with ... its licence;

• F4...

• “apparent authority” F5means that the name and address of the customer have been provided to the relevant operator together with confirmation that the relevant person is acting on behalf of the customer;

• “applicable date” means, in relation to each occasion upon which a regulation applies, the day upon which that regulation first applies, or, where a prescribed period in a paragraph of a regulation is expressed in hours, the time on that day when that regulation first applies;

• F6...

• “the Authority” means the Gas and Electricity Markets Authority established under F7section 1 of the Utilities Act 2000^f1;

• “complex connection” means a connection of sufficient complexity as described in a statement issued from time to time by the relevant gas transporter F8pursuant to its licence and agreed with the Authority after such consultation as the Authority directs;

• “connection” means the provision of pipe-work from the gas pipe-line system of the relevant gas transporter to the emergency control valve at the relevant premises;

• “the Council” means the Gas and Electricity Consumer Council established under section 2 of the Utilities Act 2000;

• “customer” means an owner or occupier of premises in Great Britain who is supplied or requires to be supplied with gas conveyed to those premises through pipes;

• F9“disconnection” means the isolation of pipe-work or gas assets from the gas pipe-line system of the relevant gas transporter to the emergency control valve at the relevant premises;

• “diversion” means work to relocate gas assets connected to the gas pipe-line system of the relevant gas transporter;

• “domestic customer” means a customer supplied or requiring to be supplied with gas at domestic premises (but excluding such customer in so far as he is supplied or requires to be supplied at premises other than domestic premises);

• “domestic development” means a development of at least 5 new build domestic premises where there is no existing connection to the relevant gas transporter’s pipe-line system;

• “domestic premises” means premises at which a supply is taken or to be taken wholly or mainly for domestic purposes;

• “excluded connection” F10means a connection described as such in a statement issued from time to time by the relevant gas transporter pursuant to its licence and agreed with the Authority after such consultation as the Authority directs;

• “gas supplier” means, in relation to any premises, a gas supplier who supplies to those premises gas which is conveyed thereto (or, where the premises are secondary sub-deduct premises, to the relevant primary sub-deduct premises) by a gas transporter;

• F11...

• “land enquiry” means a request by a customer for an indication of the availability of gas, an estimate of pressure, an estimate of the cost of the relevant proposed connection and, where appropriate, the approval of a design for the provision of a new F12connection F13, alteration of an existing connection F14or for carrying out of a disconnection;

• ...

• “non-domestic customer” means any customer other than a domestic customer;

• “non domestic development” means a development of at least 5 new build non-domestic premises where there is no existing connection to the relevant gas transporter’s pipeline system;

• “non-domestic premises” means any premises other than domestic premises;

• “non-standard quotation” means a quotation F15other than a standard quotation (excluding a self quote);

• “pay” includes crediting the account of the customer for charges incurred or to be incurred in respect of the supply of gas or in respect of the provision of any gas meter, and “payment” shall be construed accordingly;

• “overcharge” means any sum exceeding the correct amount as calculated in accordance with the relevant gas transporter’s connection charging statement issued in accordance with F16... its licence;

• “pipe-line system” means pipes upstream of any emergency control valve owned by the relevant gas transporter and used for the purpose of conveying gas;

• F17“prescribed cap” means in relation to each of the regulations specified in column 1 of Part AI of Schedule 1, the sum specified in column 2 of Part AI of Schedule 1, or as adjusted in accordance with regulation 14A, multiplied by the figure specified in column 3 of Part AI of Schedule 1;

• “prescribed period” means in relation to any paragraph or sub-paragraph of these regulations F18... the period F19specified in column 2 of Part I of Schedule 1 opposite the reference to that paragraph or sub-paragraph in column 1 of that Part I of the Schedule;

• “prescribed sum” means where the customer is a domestic customer the amount F20specified in column 3 of Part I of Schedule 1, or where the customer is a non-domestic customer the amount specified in column 4 of Part I of Schedule 1 F21, or such other sum calculated in accordance with regulation 14A;

• “primary sub-deduct premises” means premises to which gas is conveyed by a gas transporter before being conveyed to secondary sub-deduct premises;

• “priority domestic customer” means a domestic customer in respect of whom the relevant details included on the Priority Service Register F22... have been provided F23by gas suppliers to the relevant gas transporter;

• F24“Priority Service Register” means the register of certain domestic customers established and maintained by gas suppliers in accordance with the standard conditions of all gas supply licences granted or treated as granted under section 7A(1) of the Gas Act 1986;

• “published accuracy scheme” means a scheme, including a process through which a customer can challenge whether it has received an accurate quotation F25for a connection or alteration of an existing connection, published by the relevant gas transporter F26pursuant to its licence as agreed from time to time with the Authority;

• “quotation” means a cost estimate for a connection F27, diversion or disconnection;

• “relevant event” means the occurrence as a result of which a regulation applies;

• “relevant gas transporter” means, in relation to a customer, the gas transporter to whose pipe-line system the premises of the customer are directly connected, or who has a duty to connect those premises under section 10 of the Act^f2, or in relation to secondary sub-deduct premises, the gas transporter to whose pipeline system the primary sub-deduct premises are directly connected, or would be directly connected in accordance with the duty to connect under section 10 of the Act;

• F28“relevant operator” means the relevant gas transporter or the gas transporter according to the circumstances of the relevant customer’s case;

• “secondary sub-deduct premises” means premises to which gas is conveyed in pursuance of an exemption from section 5(1)(a) of the Act^f3 granted under section 6A of the Act^f4, for supply by the gas supplier;

• “self-quote” means a quotation produced by the customer for the provision of a new F29connection or alteration of an existing connection in accordance with any conditions published by the relevant gas transporter to enable the customer to calculate the cost of those works;

• ...

• “standard quotation” means a standard quotation (excluding a self-quote) that does not require a site visit as defined in the connection charges statement issued from time to time by the relevant gas transporter in accordance with F30... its licence;

• “substantial completion” means that the connection to the premises has been installed, commissioned and left safe;

• F31...

• “working day”means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971^f5; and

• “working hours” means the period between the hours specified in Part II of F32... Schedule I.

In these Regulations “Schedule 1” and “Schedule 2” means in either case that Schedule to these Regulations.

Any reference in these Regulations to a numbered regulation is a reference to the regulation in these Regulations bearing that number; and any reference in a regulation to a numbered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph of the regulation bearing that number.

For the purpose of these Regulations–