# The Gas (Standards of Performance) Regulations 2005, Regulation 9: Priority domestic customers

Extent: E+W+S

(1) This regulation applies (in addition to regulation 7) where the conveyance of gas to a priority domestic customer’s premises or to gas fittings at those premises is discontinued.
(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 where it does not provide to the customer at the customer’s premises alternative heating and cooking facilities–
(a) where the relevant gas transporter had given prior notice to the customer of its intention to discontinue the conveyance of gas, within the prescribed period from the applicable date; and
(b) in any other case where—
(i) less than 250 customers' premises (whether domestic or non-domestic) are affected by the relevant event, within the prescribed period from the relevant time; or
(ii) 250 or more customers' premises (whether domestic or non-domestic) are affected by the relevant event, within the prescribed period from the relevant time.
(2A) Where the relevant gas transporter must pay a prescribed sum under paragraph (2), the relevant gas transporter must make subsequent payments of the prescribed sum to the customer for each 24 hour period that the relevant event continues after the expiry of the prescribed period, except in any of the circumstances described in paragraph (3).
(2B) Where this regulation applies and 250 or more customers’ premises (whether domestic or non-domestic) are affected by the relevant event for longer than 48 hours, the relevant gas transporter must, except in any of the circumstances described in paragraphs (3)(a) to (d), provide each priority domestic customer access to—
(a) a hot meal in each 24 hour period; and
(b) hot water for washing in each 24 hour period where, under the Priority Service Register or otherwise notified by the customer, the priority domestic customer is medically dependent on water for bathing or is water dependent for medical reasons,
from 48 hours after the relevant event commenced until it ends.
(2C) The relevant gas transporter must pay the prescribed sum to a priority domestic customer each time it fails to provide access to—
(a) a hot meal in accordance with paragraph (2B)(a); or
(b) hot water for washing in accordance with paragraph (2B)(b).
(3) The circumstances described in this paragraph are—
(a) each of the circumstances described in regulation 13;
(b) that , in respect of the relevant obligation, the customer had alternative heating , cooking facilities , access to hot meals or access to hot water (as the case may be);
(c) that , in respect of the relevant obligation—
(i) alternative heating and cooking facilities were made available for collection , or access to hot meals or access to hot water was made available (as the case may be) from a place reasonably conveniently situated to the customer’s premises;
(ii) the location of that place was notified to the customer within the prescribed period from the applicable date or the relevant time (as the case may be); and
(iii) that it was reasonable for the relevant gas transporter to expect the customer to collect or arrange for the collection of the alternative heating and cooking facilities , or to access hot meals or hot water (as the case may be) from that place having regard to all relevant circumstances, including the information which was available, or could have reasonably been obtained by, the relevant gas transporter in relation to the customer ;
(d) that , in respect of the relevant obligation, the customer declined alternative heating , cooking facilities , access to hot meals or access to hot water (as the case may be) offered by the relevant gas transporter; and
(e) that the making of an additional payment of the prescribed sum in respect of the continuation of a breach under paragraphs (2), (2A) and (2C) would cause the aggregate of the payments to the customer to exceed the prescribed cap.
(4) For the purposes of this regulation—
(a) alternative heating and cooking facilities means—
(i) in respect of heating, an electric fan heater; and
(ii) in respect of cooking, a single ring electric or bottled gas appliance,
or, in either case, any reasonably equivalent appliance, having regard to the expected duration of the discontinuance and the weather conditions expected during that period;
(b) in calculating the prescribed period, the period between 10:00 p.m. and 6:00 a.m. shall be ignored;
(c) a relevant gas transporter shall be deemed to have been notified of a relevant event where the relevant event is notified to any person operating a service for receipt of such information on behalf of the relevant gas transporter; and
(d) “the relevant time” means–
(i) the time when the relevant event occurred; or if later
(ii) the time when the relevant gas transporter was notified or became aware that the relevant event had occurred or of circumstances in which a prudent operator would expect that a relevant event had or was likely to occur in respect of the customer’s premises.

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Source: https://www.legislation.gov.uk/uksi/2005/1135/regulation/9 (the official version)
Page: https://openlegislation.uk/gas-standards-of-performance-regulations-2005/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.