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[30th March 1977] [{2}(4) Where gas is supplied through a meter measuring in
cubic feet to which Regulation 10(3) (Use for trade of measuring equipment
measuring in cubic feet etc. after 1st December 1980) of the Units of
Measurement Regulations 1980| applies, any indication by that meter of a
quantity of gas in cubic feet shall be treated for the purposes of
sub-paragraphs (1) and (2) as an indication of that quantity in cubic metres
by reference to the relevant value (that is to say 1 cu. ft. h 0.0283m{3}) set
out in Schedule 3 to those Regulations.] N Ascertainment and regulation of gas
consumed by public lamps A >11. (1) The gas supplied by undertakers to public
lamps shall at the option either of the district council or of the undertakers
be supplied through a meter stamped under Article 9 and, if the gas is so
supplied, the undertakers shall provide and fix the meter, and the cost of the
meter and the expense of fixing it shall be defrayed by the party requiring
the meter and the meter shall be the property of the party paying the cost
thereof. B>(2) If the gas is supplied to the public lamps of any district
council by average meter indication, the undertakers shall, for securing
uniformity of consumption between metered and unmetered lamps, from time to
time provide the public lamps of that council with proper self-acting pressure
regulators and burners to the satisfaction of the council, and the average
amount of the indications of all the meters attached to the lamps of that
council shall, subject to paragraph 13, be deemed to be the amount consumed by
each such lamp. N Street lamp governors A >12. Where gas is supplied to public
lamps, the district council or the undertakers may, at their own expense,
cause to be affixed to each lamp the instrument known as a street lamp
governor, and the undertakers or the district council, as the case requires,
shall be entitled to have access thereto for the purpose of examining the
same. N Settlement of differences A >13. Any difference which may arise
between undertakers and any district council in relation to the supply of gas
to or consumption of gas by public lamps maintained by the district council
shall be settled by arbitration. 4 R ESALE OF G AS S UPPLIED N Maximum charges
for reselling gas supplied by undertakers A >14. (1) Undertakers may fix
maximum prices at which gas supplied by them may be resold, and shall publish
a notice of any prices so fixed and any variation thereof in such manner as in
the opinion of the undertakers will secure adequate publicity for it. B>(2) If
any person resells any gas supplied by undertakers at a price exceeding the
maximum prices fixed under sub-paragraph (1) the amount of the excess shall be
a debt recoverable summarily by the person to whom the gas was resold. 4R
ECOVERY OF G AS C HARGES N Recovery of charges A >15. Any charges in respect
of the supply of gas and any meter rent due to undertakers and any charges due
to undertakers in respect of the supplying and fixing of any meter or
fittings, shall be a debt recoverable summarily by the undertakers. N New
occupier not to be liable for arrears A >16. If the occupier of any premises
which are supplied with gas by undertakers quits the premises without paying
any amount due from him in respect of charges for gas or meter rent, the
undertakers shall not be entitled to require from the next occupier of the
premises the payment of the amount due, unless that occupier has undertaken
with the former occupier to pay or exonerate him from the payment of that
amount. N Liability of occupier on quitting premises A >17. (1) If the
occupier of any premises which are supplied with gas by meter by undertakers
quits the premises without serving at least twenty-four hours' notice on the
undertakers, he shall be liable to pay to the undertakers all charges accruing
due for gas supplied by them to the premises up to C >>( a ) the next date on
which the register of the meter on the premises is usually ascertained; or C
>>( b ) the date from which any subsequent occupier of the premises requires
the undertakers to supply gas to the premises; B whichever first occurs. B>(2)
Sub-paragraph (1) or a statement of the effect thereof shall be endorsed upon
every demand note for gas charges payable to undertakers. N Refusal of supply
to person in default A >18. If any person requiring a supply of gas from
undertakers has previously quitted premises at which gas was supplied to him
by the undertakers without paying all amounts due from him in respect of
charges for gas and meter rent, the undertakers may refuse to supply gas to
him until he pays the amounts so due. N Power to cut off supply in case of
default A >19. (1) If any person, after the expiration of twenty-eight days
from the making of a demand in writing by undertakers, has not paid the
amounts due from him to the undertakers in respect of charges for the supply
of gas by them to any premises, the undertakers may, after serving at least
seven days' notice of their intention, cut off the supply from the premises by
disconnecting the service pipe at the meter (whether the pipe belongs to the
undertakers or not) or by such other means as they think fit, and any expense
incurred in cutting off the supply shall be recoverable in like manner as
charges for gas. B>(2) Where undertakers have cut off the supply of gas from
any premises in consequence of any default on the part of the occupier, the
undertakers shall not be under any obligation to resume the supply of gas to
the occupier so in default until he has made good the default and paid the
reasonable expenses of reconnecting the supply, so however that nothing in
this sub-paragraph shall prejudice or interfere with any rights conferred upon
any person by paragraph 2. 4 U SE OF A NTIFLUCTUATORS AND V ALVES A >20. (1)
Where a consumer of gas supplied by undertakers uses the gas for working or
supplying a compressor he shall, if so required by the undertakers by notice,
fix in a suitable position and keep in use an appliance provided by him which
will effectually prevent pressure fluctuation in the supply mains and any
other inconvenience or danger being caused to other consumers of gas by reason
that they and the first-mentioned consumer are supplied with gas from the same
source. B>(2) In this paragraph ""compressor'' means an engine, gas compressor
or other similar apparatus or any apparatus liable to produce in any main of
undertakers a pressure less than atmospheric pressure. B>(3) Where a consumer
of gas supplied by undertakers uses for or in connection with the consumption
of the gas so supplied any air at high pressure (in this paragraph referred to
as ""compressed air'') or any gas not supplied by the undertakers (in this
paragraph referred to as ""extraneous gas''), he shall, if so required by the
undertakers by notice, fix in a suitable position and keep in use an appliance
provided by him which will effectually prevent the admission of the compressed
air or extraneous gas into the service pipe or into any main through which gas
is supplied by the undertakers. B>(4) Where a consumer is required by this
paragraph to keep in use any appliance, he shall at his own expense keep it in
proper order and repair, and repair, renew or replace it if it is not in
proper order or repair. B>(5) Subject to sub-paragraph (6), a consumer of gas
supplied by undertakers shall not use a compressor, or any apparatus for using
compressed air or extraneous gas, unless he has served upon the undertakers
not less than fourteen days' notice of his intention to do so. B>(6)
Sub-paragraph (5) shall not apply to the use of any compressor or apparatus
which was lawfully in use immediately before the coming into operation of this
Order. B>(7) If a consumer makes default in complying with any provision of
this paragraph, undertakers may cut off the supply of gas to him and shall not
be required to resume the supply until the default has been remedied to their
reasonable satisfaction. B>(8) Undertakers shall, as soon as is practicable
after any person first becomes a consumer of gas supplied by them, give to
that person notice of the effect of sub-paragraphs (1) to (7). B>(9)
Undertakers shall have access at all reasonable times to any premises supplied
by them with gas upon which the undertakers have reason to believe that a
compressor or compressed air or extraneous gas is being used, in order to
ascertain whether the provisions of this paragraph are being complied with.
B>(10) Undertakers shall have power to disconnect, remove, test and replace
any appliance which a consumer of gas supplied by them is required by this
paragraph to keep in use, and any expenses incurred by the undertakers under
this sub-paragraph shall, if the appliance is found in proper order and
repair, be paid by the undertakers but otherwise shall be paid by the
consumer. B>(11) Any person who contravenes this paragraph shall be guilty of
an offence and shall be liable on summary conviction to a fine not exceeding
#50. 4P ENALTIES ] dings for an offence under sub-paragraph (1) it shall be a
defence for the undertakers to prove that it was not reasonably practicable
for them effectually to prevent the gas from escaping within the period of
twenty-four hours mentioned in sub-paragraph (1), and that they did
effectually prevent the escape as soon as it was reasonably practicable for
them to do so.
26. Any gas fittings let for hire by undertakers and marked or impressed with
a sufficient mark or brand indicating the undertakers as the owners thereof
(a)shall be exempted from seizure under [the Judgments Enforcement (Northern
Ireland) Order 1981];
(b)shall not be taken in execution under any proceedings in bankruptcy against
the person in whose possession they are; and
(c)shall continue to be the property of the undertakers, notwithstanding that
they may be fixed or fastened to any part of the premises in which they are
situated.
27.(1) Where any security is required under this Schedule to be given to
undertakers, the security may be by way of deposit or otherwise, and of such
amount as may be agreed upon between the parties or, in default of agreement,
be determined by arbitration.
(2) Where any money is deposited with undertakers by way of security as
mentioned in sub-paragraph (1), the undertakers shall pay interest at such
rate as may be determined by the Department of Finance on any sum so deposited
as from the date on which it was so deposited.
(3) Any interest payable under sub-paragraph (2) shall be paid at the end of
every period of six months during which the money deposited with undertakers
remains in their hands and the undertakers shall either pay the interest
direct to the depositor or they shall credit the interest payable against any
amount due at that time from the depositor in respect of charges for gas or
meter rent.
(4) In determining rates of interest in respect of such sums as are mentioned
in sub-paragraph (2) the Department of Finance may have regard to the rate of
interest payable to depositors in the National Savings Bank or in a trustee
savings bank in respect of ordinary deposits and that Department may direct
that interest payable in respect of such sums as are mentioned in
sub-paragraph (2) shall be at the same rate as that at which interest is
payable in respect of such deposits in the National Savings Bank or in a
trustee savings bank.
(5) The Department of Finance shall give notice in the Belfast Gazette of any
determination by it of rates of interest in respect of such sums as are
mentioned in sub-paragraph (2) as soon as may be after the making of the
determination.
28. Where under any provision in this Schedule the determination of any
question is referred to arbitration, the reference shall be to a single
arbitrator to be appointed by agreement between the parties or, in default of
agreement, by the Department.
29. Undertakers shall keep in their principal office copies of all transferred
provisions which apply to undertakers, and they shall be available for public
inspection at all reasonable hours and any person shall be entitled during
those hours to take copies thereof and extracts therefrom.
30. No justice of the peace or judge of any court shall be disqualified from
acting in cases arising under this Schedule by reason only of his being liable
to the payment of any charges for gas or other charges under this Order.
31. In this Schedule
"navigation authority" means any person or body of persons, whether
incorporated or not, authorised by or under a transferred provision to work,
maintain, conserve, improve or control any canal or other inland navigation,
navigable river, estuary, harbour or dock;
"railway authority" means a railway undertaking within the meaning of
section 55 of the Transport Act (Northern Ireland) 1967.
Schedule 2Amendments. Schedule 3Repeals
© 1977 Crown Copyright
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