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Regulation 7 Supply restorationI1

England, Wales and Scotland

(1)

This regulation applies where the conveyance of gas to a F1... customer’s premises is discontinued as a result of a failure of, fault in or damage to the pipe-line system operated by the relevant gas transporter.

(2)

Where this regulation applies, the relevant gas transporter shall, except in any of the circumstances described in paragraph (3), pay the prescribed sum to the customer—

(a)

where the conveyance of gas is not resumed to the customer’s premises within the prescribed period from the applicable date; and

(b)

in respect of each succeeding period of 24 hours upon the expiry of which the conveyance of gas is not resumed.

(3)

The circumstances described in this paragraph are—

(a)

each of the circumstances described in regulation 13;

(b)

that the relevant event was caused by the act or default of the customer;

(c)

that the relevant event resulted in the discontinuance of conveyance of gas to more than F230,000 premises of customers (whether domestic or non-domestic) of the relevant gas transporter;

F3(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(e)

that the discontinuance of conveyance of gas to the customer’s premises would not have occurred but for a failure of, fault in or damage to the pipe-line system of another gas transporter and the relevant gas transporter has so notified the other gas transporter within 5 working days from the end of the relevant event specifying—

(i)

the number of customers affected;

(ii)

whether each of the customers affected is a domestic customer or a non-domestic customer; and

(iii)

the duration of the discontinuance of conveyance of gas for each of the customers affected.

(f)

that the relevant event was caused by severe weather conditions or other circumstances of an exceptional nature beyond the control of the gas transporter and the gas transporter 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 F5; and

F6(g)

that the customer’s premises are premises to which the conveyance of gas is at a rate in excess of 73,200 kWh a year.

F7(4)

In the circumstance described in paragraph (3)(e) this regulation shall apply to the other gas transporter as if he were the relevant gas transporter.

Annotations

Textual amendments

F1

Word in reg. 7(1) omitted (1.4.2008) by virtue of The Gas (Standards of Performance) (Amendment) Regulations 2008 (S.I. 2008/696), regs. 1(1), 3(2)

F2

Sum in Reg. 7(3)(c) substituted (1.4.2008) by The Gas (Standards of Performance) (Amendment) Regulations 2008 (S.I. 2008/696), regs. 1(1), 3(3)

F3

Reg. 7(3)(d) omitted (1.4.2021) by virtue of The Gas (Standards of Performance) (Amendment) Regulations 2021 (S.I. 2021/257), regs. 1(1), 3

F4

Reg. 7(3)(d)(e) substituted (1.4.2008) by The Gas (Standards of Performance) (Amendment) Regulations 2008 (S.I. 2008/696), regs. 1(1), 3(4)

F5

Word in reg. 7(3)(f) substituted for full stop (1.4.2008) by virtue of The Gas (Standards of Performance) (Amendment) Regulations 2008 (S.I. 2008/696), regs. 1(1), 3(5)

F6

Reg. 7(3)(g) inserted (1.4.2008) by The Gas (Standards of Performance) (Amendment) Regulations 2008 (S.I. 2008/696), regs. 1(1), 3(6)

F7

Reg. 7(4) inserted (1.4.2008) by The Gas (Standards of Performance) (Amendment) Regulations 2008 (S.I. 2008/696), regs. 1(1), 3(7)

Commencement

I1

Reg. 7 in force at 1.5.2005, see reg. 1(1) (as amended by S.I. 2005/1136, reg. 2)

Notes on Part II

Textual amendments

F1

Pt. 2 heading substituted (1.1.2016) by The Electricity and Gas (Standards of Performance) (Suppliers) Regulations 2015 (S.I. 2015/1544), regs. 1(1), 12(b) (with reg. 1(2)-(5))