Office of Public Sector Information
SCHEDULE 5 continued PART II continued
(3) Sub-paragraph (4) below applies to any regulations—
(a) which have been made, or have effect as if made, by the Secretary of State under subsection (4) (connection charges) of section 10; and
(b) which are in force immediately before the appointed day.
(4) Regulations to which this sub-paragraph applies shall have effect on and after the appointed day as if—
(a) they had been made by the Director;
(b) any reference to a public gas supplier were a reference to a public gas transporter;
(c) any reference to a supply of gas were a reference to a connection to a relevant main;
(d) the reference to subsection (1) of section 10 were a reference to subsection (2) of that section; and
(e) anything done before the appointed day by or in relation to a public gas supplier had been done on that day by or in relation to the supplier’s transport successor.
(5) Expressions used in this paragraph have the same meanings as in section 10.
21 Any determination or direction—
(a) which has been made as respects a public gas supplier, or given to such a supplier, under section 15B of the 1986 Act (promotion of the efficient use of gas); and
(b) which is in force immediately before the appointed day,
shall have effect on and after that day as if it had been made as respects, or given to, the supply successor of that supplier under section 33BB of that Act.
22 (1) Any regulations—
(a) which have been made, or have effect as if made, by the Secretary of State under section 17 of the 1986 Act (meter testing and stamping); and
(b) which are in force immediately before the appointed day,
shall have effect on and after that day as if they had been made by the Director and as if any reference in them to the Secretary of State were a reference to the Director.
(2) Any approval, consent or authorisation—
(a) which has been given by the Secretary of State under section 17 of the 1986 Act, or under regulations made, or having effect as if made, under that section; and
(b) which is in force immediately before the appointed day,
shall have effect on and after that day as if it had been given by the Director.
23 Notwithstanding the repeal by this Act of section 63 of the 1986 Act (restrictions on use of certain information), any direction given by the Secretary of State to the holder of an authorisation under section 7 of that Act shall continue to have effect so far as it relates to any relevant negotiations (within the meaning of the said section 63) which took place before the appointed day.
24 (1) Where—
(a) such a demand as is mentioned in paragraph 7(5) of Schedule 5 to the 1986 Act (recovery of gas charges etc.) has been made by a public gas supplier; and
(b) the payment demanded is not made before the appointed day,
paragraph 7(1) of Schedule 2B to the 1986 Act shall have effect as if the demand had been made by the supplier’s supply successor on the day on which it was made by the supplier.
(2) Where—
(a) such a notice of intention as is mentioned in paragraph 7(5) of Schedule 5 to the 1986 Act has been given by a public gas supplier; and
(b) the supply of gas is not cut off before the appointed day,
paragraph 7(3) of Schedule 2B to the 1986 Act shall have effect as if the notice had been given by the supplier’s supply successor on the day on which it was given by the supplier.
25 Any notice—
(a) which has been given by a public gas supplier under sub-paragraph (1) or (2) of paragraph 8 (use of antifluctuators and valves) of Schedule 5 to the 1986 Act; and
(b) which is in force immediately before the appointed day,
shall have effect on and after that day as if it had been given on that day under sub-paragraph (1) or, as the case may be, sub-paragraph (2) of paragraph 17 of Schedule 2B to that Act by the supplier’s transport successor.
26 (1) Where—
(a) a supply of gas to any premises has been cut off by a public gas supplier under paragraph 8 (use of antifluctuators and valves) or paragraph 9 (improper use of gas) of Schedule 5 to the 1986 Act; and
(b) the supply is not restored before the appointed day,
each of paragraphs 11 and 25 of Schedule 2B to that Act shall have effect as if those premises had been disconnected on that day by the supplier’s transport successor otherwise than in the exercise of such a power as is mentioned in sub-paragraph (1) of that paragraph.
(2) Where—
(a) a supply of gas to any premises has been cut off by a public gas supplier otherwise than under paragraph 8 or 9 of Schedule 5 to the 1986 Act and otherwise than in the exercise of a power conferred by regulations under section 18(2) of that Act; and
(b) the supply is not restored before the appointed day,
each of paragraphs 11 and 25 of Schedule 2B to that Act shall have effect as if a supply of gas to those premises had been cut off on that day by the supplier’s supply successor otherwise than in the exercise of such a power as is mentioned in sub-paragraph (1) of that paragraph.
27 Any notice—
(a) which has been given to a public gas supplier under sub-paragraph (1) of paragraph 12 (failure to notify connection or disconnection of service pipe) of Schedule 5 to the 1986 Act; and
(b) which is in force immediately before the appointed day,
shall have effect on and after that day as if it had been given on that day under sub-paragraph (1) of paragraph 12 of Schedule 2B to that Act to the supplier’s transport successor.
28 (1) Any warrant—
(a) which has been granted under section 2(1) of the [1954 c. 21.] Rights of Entry (Gas and Electricity Boards) Act 1954 (warrant to authorise entry) for the purpose of enabling an employee of a public gas supplier to enter any premises, in accordance with paragraph 15(1)(b) of Schedule 5 to the 1986 Act, in order to ascertain the quantity of gas supplied to those premises; and
(b) which is in force immediately before the appointed day,
shall have effect on and after that day as if it had been granted for the purpose of enabling an employee of the supplier’s supply successor who is authorised by him for the purpose to enter those premises, in accordance with paragraph 23(1)(b) of Schedule 2B to the 1986 Act, in order to ascertain the quantity of gas supplied to the premises.
(2) Sub-paragraph (3) below applies to any warrant—
(a) which has been granted under section 2(1) of the [1954 c. 21.] Rights of Entry (Gas and Electricity Boards) Act 1954 for the purpose of enabling an employee of a public gas supplier to enter any premises in order to cut off or discontinue the supply of gas to those premises in accordance with paragraph 16(1) of Schedule 5 to the 1986 Act; and
(b) which is in force immediately before the appointed day.
(3) Any warrant to which this sub-paragraph applies shall have effect on and after the appointed day as if it had been granted as two separate warrants—
(a) one for the purpose of enabling an employee of the supplier’s transport successor who is authorised by him for the purpose to enter the premises, in accordance with sub-paragraph (2) of paragraph 24 of Schedule 2B to the 1986 Act, in order to disconnect the premises; and
(b) the other for the purpose of enabling an employee of the supplier’s supply successor who is authorised by him for the purpose to enter the premises, in accordance with that sub-paragraph, in order to cut off or discontinue the supply to the premises.
(4) In this paragraph “employee” has the same meaning as in the Rights of Entry (Gas and Electricity Boards) Act 1954.
29 Any notice—
(a) which has been given by a public gas supplier in England and Wales under section 54, 55 or 57 of the [1991 c. 22.] New Roads and Street Works Act 1991, or in Scotland under section 113, 114 or 116 of that Act; and
(b) which is in force immediately before the appointed day,
shall have effect on and after that day as if it had been given by the public gas supplier’s transport successor.
30 (1) In relation to any supply of gas before the appointed day, the reference in subsection (2) of section 62 of the 1986 Act (exclusion of agreements from [1976 c. 34.] Restrictive Trade Practices Act 1976) to a supply of gas otherwise than under a licence granted under section 7A(1) of the 1986 Act shall have effect—
(a) in the case of a supply before 23rd August 1986, as a reference to a supply of gas otherwise than in performance of any duty imposed by the [1972 c. 60.] Gas Act 1972; and
(b) in the case of a supply on or after that date, as a reference to a supply of gas otherwise than under an authorisation granted under section 7 of the 1986 Act.
(2) In relation to any introduction or taking out of gas, or any use of a system or facility, before the appointed day, subsection (2A) of section 62 of the 1986 Act shall have effect as if—
(a) the reference to a public gas transporter were a reference to a public gas supplier; and
(b) the reference to gas shippers were a reference to any persons.
31 Nothing in this Act shall affect the operation of the following, namely—
(a) sections 19 and 33 of and Schedules 3 and 6 to the [1967 c. 9.] General Rate Act 1967 and Schedule 3 to the [1974 c. 7.] Local Government Act 1974, so far as those provisions of those Acts continue to have effect in relation to periods ending before 1st April 1990;
(b) the [S.I. 1989/441.] Valuation for Rating (Plant and Machinery) Regulations 1989, so far as those Regulations continue to have effect for the purpose of determining the rateable values of hereditaments for days falling before 1st April 1995;
(c) the [S.I. 1989/2263.] Central Rating Lists Regulations 1989, so far as those Regulations continue to have effect in relation to periods ending before 1st April 1995; and
(d) the [S.I. 1994/3121.] Central Rating Lists Regulations 1994, so far as those Regulations have effect in relation to periods ending before the appointed day.
Gas Act 1995