No. 24/1928:

GAS REGULATION ACT, 1928

ARRANGEMENT OF SECTIONS

1 Definitions.

2 County boroughs and the Act of 1859.

3 Amendment of section 18 of the Act of 1920.

4 Powers and duties of inspectors.

5 Stamping of meters.

6 Stamping of meters in areas in which the Act of 1859 is not in force.

7 Testing of meters on requisition of buyers of gas.

8 Purchase, etc, of dies for stamps.

9 Forgery, etc., of stamps.

10 Inspection of meters.

11 Extension of application of section 1 of Act of 1920.

12 Minor amendments of the Act of 1920.

13 Repeal of sections 24 to 28 of the Alliance and Dublin Gas Act, 1874.

14 Short title.

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE STAMPING OF GAS METERS, TO ENABLE THE SALE OF GAS ACT, 1859, TO BE BROUGHT INTO FORCE IN COUNTY BOROUGHS IN WHICH THE SAID ACT IS NOT NOW IN FORCE, AND TO AMEND THE ALLIANCE AND DUBLIN GAS ACT, 1874 AND THE GAS REGULATION ACT, 1920.

[30th July, 1928.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act—

the expression "the Minister" means the Minister for Industry and Commerce;

the expression "the Act of 1859" means the Sale of Gas Act, 1859;

the expression "the Act of 1860" means the Sale of Gas Act, 1860;

the expression "the Act of 1920" means the Gas Regulation Act, 1920; and

the word "meter" has the meaning assigned to it by the Act of 1859.

2.—(1) The Minister, on the application of the council of a county borough in which the Act of 1859 is not in force, may by order declare that the said Act as amended by this or any other Act shall come into operation in such county borough on the date specified in that behalf in such order and thereupon the Act of 1859 as so amended shall, notwithstanding anything contained in section 1 of the Act of 1860, come into operation in such county borough on the date so specified in such order.

(2) Whenever the Act of 1859 as so amended comes into operation in any county borough by virtue of an order under this section, the period of nine months mentioned in section 5 of that Act shall, in relation to such county borough, be reckoned from the date on which the said Act so comes into operation in such county borough and the said section 5 shall be construed and have effect in such county borough accordingly.

(3) Notwithstanding anything contained in section 1 of the Act of 1860, a resolution of the council of a county borough shall not be effective to bring such county borough under the operation of the Act of 1859.

3.—Section 18 of the Act of 1920 is hereby amended by the deletion of the words "The expression 'gas undertakers' or 'undertakers' means any local authority, company, body or person authorised to supply gas by any Act of Parliament, or any order having the force of an Act of Parliament" now contained herein and the insertion in lieu of the words so deleted of the words "The expression 'gas undertakers' or 'undertakers' means any local authority, company, body, or person engaged in the business of supplying gas."

4.—The reference contained in section 9 of the Act of 1859 to meters required under the provisions of that Act to be examined, tested, and stamped shall be construed as referring to and including all meters (wherever intended to be used) for the time being required by law to be stamped and the said section shall have effect accordingly.

5.—(1) Any meter which is required by law to be stamped shall not be deemed to be duly stamped unless it is stamped with a stamp of a form, material, and design prescribed by the Minister by regulations made by him under this section with such variations of numbers or marks thereon as may be directed by the Minister by or under such regulations.

(2) No meter shall continue to be deemed to be duly stamped according to law after the expiration of ten years from the last occasion on which it was duly stamped according to law.

(3) The Minister, if he so thinks fit, may by order postpone the coming into operation of this section in relation to meters which are at the passing of this Act installed on the premises of consumers of gas, but such postponement shall not exceed—

( a ) in the case of a meter which was before the passing of this Act stamped in verification of accuracy with a stamp of a form, material or design not prescribed under this section, whichever of the following periods is the lesser, that is to say, the period of five years from the passing of this Act or the period during which such meter remains continuously so installed after the passing of this Act, and

( b ) in the case of any other meter whichever of the following periods is the lesser, that is to say, the period of two years from the passing of this Act or the period during which such meter remains continuously so installed after the passing of this Act.

6.—(1) The Minister, may from time to time, if he so thinks fit, on the application of any seller or buyer of gas supplied by means of a meter installed on premises in an area in which the jurisdictions conferred by the Act of 1859 are for the time being not exercisable, by order (in this section referred to as a testing order) in the prescribed form appoint, subject to the provisions of this section, a person (in this section referred to as a special inspector of meters) to perform in relation to such meter the functions of a special inspector of meters under this section.

(2) Whenever a testing order is made it shall be lawful for the special inspector appointed thereby to examine and test the meter to which such order relates in the place where such meter is installed and if necessary for such purpose to remove such meter from such place, doing as little damage thereto as is possible, and if such meter is found correct to stamp the same with a stamp of verification prescribed by the Minister under this Act and for such purposes such special inspector may enter upon the premises on which such meter is installed.

(3) Every person who obstructs a special inspector in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) There shall be paid in respect of the testing and examination of a meter under this section such expenses and fees as may be prescribed and such expenses and fees shall be payable either by the buyer or by the seller of gas supplied by means of such meter as the Minister shall direct or by both such buyer and seller in such proportions as the Minister shall direct.

(5) All fees and expenses payable under this section in respect of the examination and testing of a meter by a special inspector who is an inspector of meters under the Act of 1859 shall be paid to such inspector and applied and accounted for by him in like manner as if the same were fees received by him under the Act of 1859.

(6) All fees and expenses payable under this section in respect of the examination and testing and stamping of a meter by a special inspector who is not an inspector of meters under the Act of 1859 shall be paid into the fund established under section 7 of the Act of 1920.

(7) The Minister shall provide every special inspector with such standards and equipment as are necessary for the performance by him of his functions as such special inspector and are not already in his possession or procurement.

(8) Every person appointed to be a special inspector shall possess a certificate under section 14 of the Act of 1920.

(9) An inspector of meters appointed by a local authority under the Act of 1859 shall not be appointed a special inspector of meters without the consent of such local authority.

(10) In this section the expression "prescribed" means prescribed by regulation made by the Minister under this section.

7.—(1) A buyer of gas supplied by means of a meter installed on premises in an area in which the jurisdiction conferred by the Act of 1859 is for the time being not exercisable may, unless such meter has been stamped by a special inspector of meters under section 6 (which relates to the stamping of meters in areas in which the Act of 1859 is not in force) of this Act, by notice in writing require the person by whom such gas is so supplied to remove such meter from such premises and procure the same to be tested by an inspector of meters appointed by a local authority under the Act of 1859 and if found correct to be stamped under that Act as amended by this Act accordingly.

(2) If on the testing of a meter pursuant to a requisition under this section such meter is found to be correct the expenses of the removal, testing and stamping of such meter pursuant to such requisition shall be borne by the buyer by whom such requisition was made and in every other case such expenses shall be borne by the person on whom such requisition was made.

8.—(1) It shall not be lawful for any person to order, purchase, or cancel any die, casting, or other instrument for stamping meters with a stamp prescribed by the Minister under this Act save with the written authority of the Minister.

(2) If any person orders, purchases, or cancels any such die, casting, or other instrument in contravention of this section, such person shall 'be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

9.—(1) If any person forges or counterfeits any stamp for stamping meters prescribed by the Minister under this Act, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding, fifty pounds.

(2) If any person knowingly uses, sells, disposes of, or exposes for sale any meter which bears a counterfeit of any stamp for stamping meters prescribed by the Minister under this Act, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

10.—(1) Any person authorised by the Minister in that behalf may at all reasonable times inspect any meter by means of which gas is supplied for the purpose of ascertaining if such meter has been stamped with a stamp prescribed by the Minister under this Act, and for the purpose of such inspection may enter any premises where he has reasonable cause to believe there is any such meter.

(2) Every person who obstructs a person authorised by the Minister under this section in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) A person authorised by the Minister under this section, shall not institute any prosecution under this section without the consent of the Minister.

11.—(1) Whenever the Minister considers it desirable that the charges to be made for gas supplied by any particular gas undertaker to whom section 1 of the Act of 1920 as amended by this Act does not apply should be charges for thermal units supplied in the form of gas, he may by order declare that such undertaker shall be deemed to be a gas undertaker who is required by enactment or other provision to supply gas of a particular illuminating or calorific value within the meaning of the said section and thereupon the said section shall apply to such undertaker with all necessary modifications and in particular with the modification that the standard or maximum price per therm which may be fixed by the Minister under the said section shall be such as he shall consider reasonable having regard to all the circumstances of the case.

(2) An order under sub-section (1) of this section shall not be made by the Minister unless and until he is satisfied that the undertaker in respect of whom such order is proposed to be made is able to comply with the obligations imposed by section 2 of the Act of 1920 on an undertaker in respect of whom an order has been made under the Act of 1920.

(3) An order under sub-section (1) of this section may be revoked at any time by the Minister by order made under this sub-section, and thereupon any order made under section 1 of the Act of 1920 consequential upon an order under the said sub-section (1) shall be deemed to be revoked also.

(4) Every order made by the Minister under this section, other than an order made on the application of an undertaker, shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such order such order shall be annulled accordingly.

12.—(1) The following amendments are hereby made in the Act of 1920, that is to say:—

( a ) in sub-section (4) of section 4 the expression "the Minister for Industry and Commerce" shall be substituted for the expression "quarter sessions" wherever the same occurs, and the words "on the application of not less than five consumers" now contained therein shall be deleted;

( b ) in paragraph (c) of sub-section (1) of section 5 the expression "the Minister for Industry and Commerce" shall be substituted for the expression "quarter sessions";

( c ) in sub-section (3) of section 7 the words "thirtieth day of June" shall be substituted for the words "first day of April";

( d ) in sub-section (4) of section 7 the words "thirty-first day of March" shall be substituted for the words "fifteenth day of January"; and

( e ) in sub-section (1) of section 14 the words "section five" shall be substituted for the words "section four."

(2) Paragraph (c) of sub-section (2) of section 7 of the Act of 1920 is hereby repealed and in lieu thereof it is hereby enacted that all expenses incurred by the Minister under the Act of 1920 or this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the fund established under section 7 of the Act of 1920.

13.—Sections 24 to 28 of the Alliance and Dublin Gas Act, 1874, are hereby repealed.

14.—This Act may be cited as the Gas Regulation Act, 1928 .