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GAS (NORTHERN IRELAND) ORDER 1977

GAS (NORTHERN IRELAND) ORDER 1977 - LONG TITLE

[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