Statutory Instruments 1998 No. 2451

1998 No. 2451
HEALTH AND SAFETY
The Gas Safety (Installation and Use) Regulations 1998

PART G
MISCELLANEOUS
Escape of gas
     37. - (1) Where any gas escapes from any pipe of a gas supplier or from any pipe, other gas fitting or gas storage vessel used by a person supplied with gas by a gas supplier, the supplier of the gas shall, within 12 hours of being so informed of the escape, prevent the gas escaping (whether by cutting off the supply of gas to any premises or otherwise).

    (2) If the responsible person for any premises knows or has reason to suspect that gas is escaping into those premises, he shall immediately take all reasonable steps to cause the supply of gas to be shut off at such place as may be necessary to prevent further escape of gas.

    (3) If gas continues to escape into those premises after the supply of gas has been shut off or when a smell of gas persists, the responsible person for the premises discovering such escape or smell shall immediately give notice of the escape or smell to the supplier of the gas.

    (4) Where an escape of gas has been stopped by shutting off the supply, no person shall cause or permit the supply to be re-opened (other than in the course of repair) until all necessary steps have been taken to prevent a recurrence of such escape.

    (5) In any proceedings for an offence under paragraph (1) above it shall be a defence for the supplier of the gas to prove that it was not reasonably practicable for him effectually to prevent the gas from escaping within the period of 12 hours referred to in that paragraph, and that he did effectually prevent the escape of gas as soon as it was reasonably practicable for him to do so.

    (6) Nothing in paragraphs (1) and (5) above shall prevent the supplier of the gas appointing another person to act on his behalf to prevent an escape of gas supplied by that supplier.

    (7) Nothing in paragraphs (1) to (6) above shall apply to an escape of gas from a network (within the meaning of regulation 2 of the Gas Safety (Management) Regulations 1996[11]) or from a gas fitting supplied with gas from a network.

    (8) In this regulation any reference to an escape of gas from a gas fitting includes a reference to an escape or emission of carbon monoxide gas resulting from incomplete combustion of gas in a gas fitting, but, to the extent that this regulation relates to such an escape or emission of carbon monoxide gas, the requirements imposed upon a supplier by paragraph (1) above shall, where the escape or emission is notified to the supplier by the person to whom the gas has been supplied, be limited to advising that person of the immediate action to be taken to prevent such escape or emission and the need for the examination and, where necessary, repair of the fitting by a competent person.

Use of antifluctuators and valves
     38. - (1) Where a consumer uses gas for the purpose of working or supplying plant which is liable to produce pressure fluctuation in the gas supply such as to cause any danger to other consumers, he shall comply with such directions as may be given to him by the transporter of the gas to prevent such danger.

    (2) Where a consumer intends to use for or in connection with the consumption of gas any gaseous substance he shall -

(a) give to the transporter of the gas at least 14 days notice in writing of that intention; and

(b) during such use comply with such directions as the transporter may have given to him to prevent the admission of such substance into the gas supply;

and in this paragraph "gaseous substance" includes compressed air but does not include any gaseous substance supplied by the transporter.

    (3) Where a direction under paragraphs (1) or (2) above requires the provision of any device, the consumer shall ensure that the device is adequately maintained.

    (4) Any direction given pursuant to this regulation shall be in writing.

Exception as to liability
     39. No person shall be guilty of an offence by reason of contravention of regulation 3(2) or (6), 5(1), 7(3), 15, 16(2) or (3), 17(1), 27(5), 30 (insofar as it relates to the installation of a gas fire, other gas space heater or a gas water heater of more than 14 kilowatt gross heat input), 33(1), 35 or 36 of these Regulations in any case in which he can show that he took all reasonable steps to prevent that contravention.

Exemption certificates
     40. - (1) Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons from any requirement or prohibition imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.

    (2) The Health and Safety Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to -

(a) the conditions, if any, which it proposes to attach to the exemption; and

(b) any other requirements imposed by or under any enactment which apply to the case,

it is satisfied that the health and safety of persons likely to be affected by the exemption, will not be prejudiced in consequence of it.

Revocation and amendments
41. - (1) The Gas Safety (Installation and Use) Regulations 1994[12], the Gas Safety (Installation and Use) (Amendment) Regulations 1996[13] and the Gas Safety (Installation and Use) (Amendment) (No. 2) Regulations 1996[14] are hereby revoked.

(2) Schedule 2B to the Gas Act 1986[15] shall be amended as follows -

(a) In paragraph 17(1) the words "pressure fluctuation in the transporter's pipe-line system and any other" and the words "or danger" shall be deleted;

(b) In paragraph 17(2) after the words "if so required" there shall be added "other than for the purpose of preventing danger"; and

(c) In paragraph 17(5) and (6) after the words "this paragraph" there shall be added "or regulation 38 of the Gas Safety (Installation and Use) Regulations [1998] or directions made thereunder".

Signed by order of the Secretary of State.

Alan Meale
Parliamentary Under Secretary of State,Department of the Environment,Transport and the Regions.

3rd October 1998

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations re-enact, with amendments, the Gas Safety (Installation and Use) Regulations 1994, as amended by the Gas Safety (Installation and Use)(Amendment) Regulations 1996 and the Gas Safety (Installation and Use)(Amendment)(No 2) Regulations 1996 ("the 1994 Regulations"). The 1994 Regulations made provision in respect of the installation and use of gas fittings for the purpose of protecting the public from dangers arising from the distribution, supply or use of gas.

1. In addition to minor and drafting amendments, these Regulations make the following changes. The Regulations: -

(a) limit the application of the Regulations by excluding hydrogen used in non-domestic premises from the definition of "gas" (regulation 2(1));

(b) add a definition of "appropriate fitting" and amend the definitions of "installation pipework", "room sealed appliance", "service pipe" and "work" (regulation 2(1));

(c) are extended to vessels not requiring a national or international load line certificate when used primarily for domestic or residential purposes (regulation 2(5)(c)(iii));

(d) are disapplied in respect of control devices on gas appliances in certain circumstances (regulation 2(6)(c));

(e) are disapplied in part in respect of -

(i) the formal training of gas fitters (regulation 2(7)); and

(ii) the formal assessment of gas fitters for purposes of accreditation (regulation 2(8));

(f) extend the duty to ensure the competence of gas fitters to employers and self-employed persons having control of the work or who require the carrying out of that work (regulation 3(2));

(g) make provision for the competence of gas installers and the safe installation of fittings and flues when carrying out work in a factory in relation to vehicles, vessels or caravans (regulation 3(8);

(h) extend to any employer or self-employed person who has a degree of control over work in relation to a gas fitting the duty to ensure that such work, when carried out at a place of work, is carried out by an employee of, or self-employed person who is, a member of an approved class of persons (regulation 4);

(i) restrict the premises to which alterations are prohibited to those in which a gas appliance or gas storage vessel is fitted (regulation 8(1));

(j) extend to cases where a meter is relocated the requirement to display a notice identifying the nearest upstream emergency control (regulation 15(2));

(k) extend the duty to provide a notice where there is more than one primary meter to any person who makes a material modification (regulation 16(2));

(l) require a line diagram to be displayed and, in specified cases, amended where gas is provided to a secondary meter (regulation 17);

(m) modify the requirements in relation to enclosed pipes (regulation 19(2)) and disapply the prohibition on the installation of pipework in cavity walls in respect of "living flame effect gas fires" (as defined) (regulation 19(4));

(n) disapply the requirement for specified safety checks in specified circumstances (regulation 26(10);

(o) extend the meaning of "room" for the purposes of regulation 30 (regulation 30(4));

(p) extend the prohibition on the use of gas appliances to circumstances where they may constitute a danger to any person (regulation 34(1));

(q) amend the definition of "relevant gas fitting" for the purpose of regulation 36 (regulation 36(1));

(r) make further provision with regard to safety checks in rented accommodation (regulation 36(3)(a) and (b) and to the display and provision of records (regulation 36(7) and (8));

(s) extend the duty imposed on suppliers in cases of escape of gas to the escape of carbon monoxide gas and modify the duty of suppliers in relation thereto (regulation 37(8)).

3. The Regulations also contain new provisions which: -

(a) require a person who breaks a regulator seal to apply a new seal (regulation 14(7));

(b) require the outlet of the emergency control to be sealed when a primary meter is removed (regulation 16(3)(a)(ii)) and notice to be given to the supplier when such removal is proposed (regulation 16(4));

(c) prohibit the installation of a flue otherwise than in a safe position (regulation 27(5));

(d) impose restrictions in relation to the installation of instantaneous water heaters (regulation 30(3);

(e) extend to flues the employer's duty of maintenance (regulation 35);

(f) provide that specified gas fittings shall not be fitted in specified accommodation (regulation 36(11) and (12));

(g) impose requirements on consumers of gas in circumstances liable to cause pressure fluctuation or the introduction of extraneous substances into the gas supply (regulation 38).

     4. The Regulations revoke the Gas Safety (Installation and Use) Regulations 1994, the Gas Safety (Installation and Use) (Amendment) Regulations 1996 and the Gas Safety (Installation and Use) (Amendment) (No. 2) Regulations 1996; the Regulations make minor amendments to Schedule 2B of the Gas Act 1986 (regulation 41).

     5. These Regulations were notified in draft to the European Commission in accordance with Directive 83/189/EEC (1983 O.J. L109/8) (as amended).

     6. A copy of the summary cost benefit prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Adviser's Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.

Notes:

[11] S.I. 1996/551.back

[12] S.I. 1994/1886.back

[13] S.I. 1996/550.back

[14] S.I. 1996/2541.back

[15] 1986 c.44; Schedule 2B was inserted by the Gas Act 1995 (c.45) section 9(2) and Schedule 2.back

ISBN 0 11 079655 1