Statutory Instrument 1998 No. 2451
The Gas Safety (Installation and Use) Regulations
1998
© Crown Copyright 1998
All Crown copyrights are reserved. The text may be downloaded freely to file
or printer for the purposes of private reference, research or study without
requiring specific prior permission. The text may also be used freely within
value-added products without requiring specific prior permission, provided that
the text is reproduced accurately, is not used in a misleading manner, and is
accompanied by an acknowledgment of Crown copyright.
Applications for any other proposed use of this text should be made to the
Copyright Unit, Her Majesty's Stationery Office, St Clements House, 2-16
Colegate, Norwich NR3 1BQ. For further details on the licensing of Crown and
Parliamentary copyright material, see current guidance
issued by Her Majesty's Stationery Office.
The text of this Internet version of the Statutory Instrument has been
prepared to reflect the text as it was Made. The authoritative version is in
printed form and is published by The Stationery Office Limited as the The Gas
Safety (Installation and Use) Regulations 1998, ISBN 0 11 079655 1, £4.15
sterling. For details of how to obtain a printed copy see How to
obtain The Stationery Office Limited titles.
STATUTORY INSTRUMENTS
1998 No. 2451
HEALTH AND SAFETY
The Gas Safety (Installation and Use) Regulations 1998
| |
Made
|
3rd October 1998
|
|
| |
Laid before Parliament
|
9th October 1998
|
|
| |
Coming into force
|
31st October 1998
|
|
ARRANGEMENT OF REGULATIONS
PART A
General
PART B
Gas Fittings - General Provisions
PART C
Meters and Regulators
PART D
Installation Pipework
PART E
Gas Appliances
PART F
Maintenance
PART G
Miscellaneous
EXPLANATORY NOTE
(This
note is not part of the Regulations)
The Secretary of State, in exercise of the powers conferred on
him by sections 15(1), (2), (4)(a), (5), (6)(b) and 82(3)(a) of, and paragraphs
1(1), (2) and (3), 4(1), 12, 15(1) and 16 of Schedule 3 to, the Health and
Safety at Work etc. Act 1974[1] ("the 1974 Act") and of all
other powers enabling him in that behalf and for the purpose of giving effect
without modifications to proposals submitted to him by the Health and Safety
Commission under section 11(2)(d) of the 1974 Act after the carrying out by the
said Commission of consultations in accordance with section 50(3) of that Act,
hereby makes the following Regulations: -
PART A
GENERAL
Citation and
commencement
1. These Regulations may be cited as the Gas Safety
(Installation and Use) Regulations 1998 and shall come into force on 3rd October
1998.
General interpretation and
application
2. - (1) In these Regulations, unless the context otherwise
requires -
"appropriate fitting" means a fitting which -
(a) has been designed for the purpose of effecting a gas tight
seal in a pipe or other gasway;
(b) achieves that purpose when fitted;
and
(c) is secure, so far as is reasonably practicable, against
unauthorised opening or removal;
"distribution main" means any main through which a transporter is for the
time being distributing gas and which is not being used only for the purpose of
conveying gas in bulk;
"emergency control" means a valve for shutting off the supply of gas in an
emergency, being a valve intended for use by a consumer of gas;
"flue" means a passage for conveying the products of combustion from a gas
appliance to the external air and includes any part of the passage in a gas
appliance duct which serves the purpose of a flue;
"gas" means any substance which is or (if it were in a gaseous state) would
be gas within the meaning of the Gas Act 1986 except that it does not include
gas consisting wholly or mainly of hydrogen when used in non-domestic
premises;
"gas appliance" means an appliance designed for use by a consumer of gas for
heating, lighting, cooking or other purposes for which gas can be used but it
does not include a portable or mobile appliance suppled with gas from a
cylinder, or the cylinder, pipes and other fittings used for supplying gas to
that appliance, save that, for the purposes of regulations 3, 35 and 36 of these
Regulations, it does include a portable or mobile space heater supplied with gas
from a cylinder, and the cylinder, pipes and other fittings used for supplying
gas to that heater;
"gas fittings" means gas pipework, valves (other than emergency controls),
regulators and meters, and fittings, apparatus and appliances designed for use
by consumers of gas for heating, lighting, cooking or other purposes for which
gas can be used (other than the purpose of an industrial process carried out on
industrial premises), but it does not mean -
(a) any part of a service pipe;
(b) any part
of a distribution main or other pipe upstream of the service pipe;
(c) a gas
storage vessel; or
(d) a gas cylinder or cartridge designed to be disposed
of when empty;
"gas storage vessel" means a storage container designed to be filled or
re-filled with gas at the place where it is connected for use or a re-fillable
cylinder designed to store gas, and includes the vapour valve; but it does not
include a cylinder or cartridge designed to be disposed of when empty;
"gas water heater" includes a gas fired central heating boiler;
"installation pipework" means any pipework for conveying gas for a particular
consumer and any associated valve or other gas fitting including any pipework
used to connect a gas appliance to other installation pipework and any shut off
device at the inlet to the appliance, but it does not mean -
(a) a service pipe;
(b) a pipe comprised in a gas appliance;
(c) any valve attached to a storage container or
cylinder; or
(d) service pipework;
"meter by pass" means any pipe and other gas fittings used in connection with
it through which gas can be conveyed from a service pipe or service pipework to
installation pipework without passing through the meter;
"primary meter" means the meter nearest to and downstream of a service pipe
or service pipework for ascertaining the quantity of gas supplied through that
pipe or pipework by a supplier;
"re-fillable cylinder" means a cylinder which is filled other than at the
place where it is connected for use;
"the responsible person", in relation to any premises, means the occupier of
the permises or, where there is no occupier or the occupier is away, the owner
of the premises or any person with authority for the time being to take
appropriate action in relation to any gas fitting therein;
"room-sealed appliance" means an appliance whose
combustion system is sealed from the room in which the appliance is located and
which obtains air for combustion from a ventilated uninhabited space within the
premises or directly from the open air outside the premises and which vents the
products of combustion directly to open air outside the premises;
"service pipe" means a pipe for distributing gas to premises from a
distribution main, being any pipe between the distribution main and the outlet
of the first emergency control downstream from the distribution main;
"service pipework" means a pipe for supplying gas to premises from a gas
storage vessel, being any pipe between the gas storage vessel and the outlet of
the emergency control;
"service valve" means a valve (other than an emergency control) for
controlling a supply of gas, being a valve -
(a) incorporated in a service pipe; and
(b) intended for use by a transporter of gas;
and
(c) not situated inside a
building;
"supplier" in relation to gas means -
(a) a person who supplies gas to any premises
through a primary meter; or
(b) a person who provides a supply of gas to a
consumer by means of the filling or re-filling of a storage container designed
to be filled or re-filled with gas at the place where it is connected for use
whether or not such container is or remains the property of the supplier; or
(c) a person who provides gas in re-fillable
cylinders for use by a consumer whether or not such cylinders are filled or
re-filled directly by that person and whether or not such cylinders are or
remain the property of that person, but a retailer shall not be deemed to be a
supplier when he sells a brand of gas other than his own;
"transporter" in relation to gas means a person who conveys gas through a
distribution main;
"work" in relation to a gas fitting includes any of the following activities
carried out by any person, whether an employee or not, that is to say -
(a) installing or re-connecting the fitting;
(b) maintaining, servicing, permanently
adjusting, disconnecting, repairing, altering or renewing the fitting or purging
it of air or gas;
(c) where the fitting is not readily movable,
changing its position; and
(d) removing the fitting;
but the expression does not include the connection or disconnection of a
bayonet fitting or other self-sealing connector.
(2) For the purposes of
these Regulations -
(a) any reference to installing a gas fitting
includes a reference to converting any pipe, fitting, meter, apparatus or
appliance to gas use; and
(b) a person to whom gas is supplied and who
provides that gas for use in a flat or part of premises let by him shall not in
so doing be deemed to be supplying gas.
(3) Subject to paragraphs (4) and (5) below, these Regulations shall apply to
or in relation to gas fittings used in connection with -
(a) gas which has been conveyed to premises
through a distribution main; or
(b) gas conveyed from a gas storage
vessel.
(4) Save for regulations 37, 38 and 41 and subject to regulation 3(8), these
Regulations shall not apply in relation to the supply of gas to, or anything
done in respect of a gas fitting at, the following premises, that is to say
-
(a) a mine or quarry within the meaning of the
Mines and Quarries Act 1954 or any place deemed to form part of a mine or quarry
for the purposes of that Act;
(b) a factory within the meaning of the Factories
Act 1961 or any place to which any provisions of the said Act apply by virtue of
sections 123 to 126 of that Act;
(c) agricultural premises, being agricultural
land, including land being or forming part of a market garden, and any building
thereon which is used in connection with agricultural operations;
(d) temporary installations used in connection
with any construction work within the meaning assigned to that phrase by
regulation 2(1) of the Construction (Design and Management) Regulations 1994;
(e) premises used for the testing of gas
fittings; or
(f) premises used for the treatment of
sewage,
but they shall apply in relation to such premises or part thereof used for
domestic or residential purposes or as sleeping accommodation.
(5)
Nothing in these Regulations shall apply in relation to the supply of gas to, or
anything done in respect of a gas fitting on -
(a) a self-propelled vehicle except when such a
vehicle is -
(i) hired out in the course of a business; or
(ii) made available to members of the public in
the course of a business carried on from that vehicle;
(b) a sea-going ship;
(c) a vessel not requiring a national or
international load line certificate except when such vessel is -
(i) hired out in the course of a business;
(ii) made available to members of the public in
the course of a business carried out from that vessel; or
(iii) used primarily for domestic or residential
purposes;
(d) a hovercraft; or
(e) a caravan used for touring otherwise than
when hired out in the course of a business.
(6) Nothing in these Regulations shall apply in relation to -
(a) the supply of gas to the propulsion system of
any vehicle or to any gas fitting forming part of such propulsion system;
(b) the supply of gas to, or anything done in
respect of, a bunsen burner used in an educational establishment; or
(c) work in relation to a control device on a gas
appliance if -
(i) the device is intended primarily for use by a
consumer of gas; and
(ii) the work does not involve breaking into a
gasway.
(7) These Regulations shall not apply in relation to a gas fitting used for
the purpose of training gas fitting operatives in a college or other training
establishment, except that paragraphs (1) to (5) and (7) of regulation 3 shall
apply to work in relation to a gas fitting carried out by a person providing
such training.
(8) These Regulations shall not apply in relation to a gas
fitting used for the purpose of assessing the competence of a gas fitting
operative at an assessment centre where such assessment is carried out for the
purposes of a nationally accredited certification scheme, except that regulation
3(1) and (2) shall apply to work in relation to a gas fitting carried out by a
person carrying out such assessment.
Back to top
PART B
GAS FITTINGS - GENERAL PROVISIONS
Qualification and
supervision
3. - (1) No person shall carry out any work in relation to a
gas fitting or gas storage vessel unless he is competent to do so.
(2)
The employer of any person carrying out such work for that employer, every other
employer and self-employed person who has control to any extent of such work and
every employer and self-employed person who has required such work to be carried
out at any place of work under his control shall ensure that paragraph (1) above
is complied with in relation to such work.
(3) Without prejudice to the
generality of paragraphs (1) and (2) above and subject to paragraph (4) below,
no employer shall allow any of his employees to carry out any work in relation
to a gas fitting or service pipework and no self-employed person shall carry out
any such work, unless the employer or self-employed person, as the case may be,
is a member of a class of persons approved for the time being by the Health and
Safety Executive for the purposes of this paragraph.
(4) The requirements
of paragraph (3) above shall not apply in respect of -
(a) the replacement of a hose or regulator on a
portable or mobile space heater; or
(b) the replacement of a hose connecting a
re-fillable cylinder to installation pipework.
(5) An approval given pursuant to paragraph (3) above (and any withdrawal of
such approval) shall be in writing and notice of it shall be given to such
persons and in such manner as the Health and Safety Executive considers
appropriate.
(6) The employer of any person carrying out any work in
relation to a gas fitting or gas storage vessel in the course of his employment
shall ensure that such of the following provisions of these Regulations as
impose duties upon that person and are for the time being in force are complied
with by that person.
(7) No person shall falsely pretend to be a member
of a class of persons required to be approved under paragraph (3)
above.
(8) Notwithstanding sub-paragraph (b) of regulation 2(4), when a
person is carrying out work in premises referred to in that sub-paragraph in
relation to a gas fitting in a vehicle, vessel or caravan -
(a) paragraphs (1), (2) and (6) of this
regulation shall be complied with as respects thereto; and
(b) he shall ensure, so far as is reasonably
practicable, that the installation of the gas fittings and flues will not
contravene the provisions of these Regulations when the gas fittings are
connected to a gas supply,
except that this paragraph shall not apply where the person has reasonable
grounds for believing that the vehicle, vessel or caravan will be first used for
a purpose which when so used will exclude it from the application of these
Regulations by virtue of sub-paragraphs (a), (c) or (e) of regulation
2(5).
Duty on
employer
4. Where an employer or a self-employed person requires any
work in relation to a gas fitting to be carried out at any place of work under
his control or where an employer or self-employed person has control to any
extent of work in relation to a gas fitting, he shall take reasonable steps to
ensure that the person undertaking that work is, or is employed by, a member of
a class of persons approved by the Health and Safety Executive under regulation
3(3) above.
Back to top
Materials and workmanship
5. - (1) No person shall install a gas fitting unless every
part of it is of good construction and sound material, of adequate strength and
size to secure safety and of a type appropriate for the gas with which it is to
be used.
(2) Without prejudice to the generality of paragraph (1) above,
no person shall install in a building any pipe or pipe fitting for use in the
supply of gas which is -
(a) made of lead or lead alloy; or
(b) made of a non-metallic substance unless it is
-
(i) a pipe connected to a readily movable gas
appliance designed for use without a flue; or
(ii) a pipe entering the building and that part
of it within the building is placed inside a metallic sheath which is so
constructed and installed as to prevent, so far as is reasonably practicable,
the escape of gas into the building if the pipe should fail.
(3) No person shall carry out any work in relation to a gas fitting or gas
storage vessel otherwise than in accordance with appropriate standards and in
such a way as to prevent danger to any person.
Back to top
General safety
precautions
6. - (1) No person shall carry out any work in relation to a
gas fitting in such a manner that gas could be released unless steps are taken
to prevent the gas so released constituting a danger to any person.
(2)
No person carrying out work in relation to a gas fitting shall leave the fitting
unattended unless every incomplete gasway has been sealed with the appropriate
fitting or the gas fitting is otherwise safe.
(3) Any person who
disconnects a gas fitting shall, with the appropriate fitting, seal off every
outlet of every pipe to which it was connected.
(4) No person carrying
out work in relation to a gas fitting which involves exposing gasways which
contain or have contained flammable gas shall smoke or use any source of
ignition in such a manner as may lead to the risk of fire or
explosion.
(5) No person searching for an escape of gas shall use any
source of ignition.
(6) Where a person carries out any work in relation
to a gas fitting which might affect the gas tightness of the gas installation he
shall immediately thereafter test the installation for gas tightness at least as
far as the nearest valves upstream and downstream in the
installation.
(7) No person shall install a gas storage vessel unless the
site where it is to be installed is such as to ensure that the gas storage
vessel can be used, filled or refilled without causing a danger to any
person.
(8) No person shall install in a cellar or basement -
(a) a gas storage vessel; or
(b) an appliance fuelled by liquefied petroleum
gas which has an automatic ignition device or a pilot light.
(9) No person shall intentionally or recklessly interfere with a gas storage
vessel or otherwise do anything which might affect a gas storage vessel so that
the subsequent use of that vessel might cause a danger to any
person.
(10) No person shall store or keep gas consisting wholly or
mainly of methane on domestic premises, and, for the purpose of this paragraph,
such gas from time to time present in pipes or in the fuel tank of any vehicle
propelled by gas shall be deemed not to be so stored or kept.
Back to top
Protection against damage
7. - (1) Any person installing a gas fitting shall ensure
that it is properly supported and so placed or protected as to avoid any undue
risk of damage to the fitting.
(2) No person shall install a gas fitting
if he has reason to suspect that foreign matter may block or otherwise interfere
with the safe operation of the fitting unless he has fitted to the gas inlet of,
and any airway in, the fitting a suitable filter or other suitable
protection.
(3) No person shall install a gas fitting in a position where
it is likely to be exposed to any substance which may corrode gas fittings
unless the fitting is constructed of materials which are inherently resistant to
being so corroded or it is suitably protected against being so
corroded.
Existing gas
fittings
8. - (1) No person shall make any alteration to any premises
in which a gas fitting or gas storage vessel is fitted if that alteration would
adversely affect the safety of the fitting or vessel in such a manner that, if
the fitting or the vessel had been installed after the alteration, there would
have been a contravention of, or failure to comply with, these
Regulations.
(2) No person shall do anything which would affect a gas
fitting or any flue or means of ventilation used in connection with the fitting
in such a manner that the subsequent use of the fitting might constitute a
danger to any person, except that this paragraph does not apply to an alteration
to premises.
(3) In relation to any place of work under his control, an
employer or a self-employed person shall ensure, so far as is reasonably
practicable, that the provisions of paragraphs (1) and (2) above are complied
with.
Back to top
Emergency controls
9. - (1) No person shall for the first time enable gas to be supplied
for use in any premises unless there is provided an appropriately sited
emergency control to which there is adequate access.
(2) Any person
installing an emergency control shall ensure that -
(a) any key, lever or hand-wheel of the control
is securely attached to the operating spindle of the control;
(b) any such key or lever is attached so that -
(i) the key or lever is parallel to the axis of
the pipe in which the control is installed when the control is in the open
position; and
(ii) where the key or lever is not attached so as
to move only horizontally, gas cannot pass beyond the control when the key or
lever has been moved as far as possible downwards;
(c) either the means of operating the key or
lever is clearly and permanently marked or a notice in permanent form is
prominently displayed near such means so as to indicate when the control is open
and when the control is shut; and
(d) any hand-wheel indicates the direction of
opening or closing of the control.
(3) Where a person installs an emergency control which is not adjacent to a
primary meter, he shall immediately thereafter prominently display on or near
the means of operating the control a suitably worded notice in permanent form
indicating the procedure to be followed in the event of an escape of
gas.
(4) Where any person first supplies gas to premises where an
emergency control is installed, he shall ensure that the notice required by
paragraph (3) above remains suitably worded or shall, where necessary, forthwith
amend or replace that notice so as to give effect to the provisions of that
paragraph.
(5) This regulation shall not apply where gas is supplied in a
refillable cylinder except where two or more cylinders are connected by means of
an automatic change-over device.
Maintaining electrical
continuity
10. In any case where it is necessary to prevent danger, no
person shall carry out work in relation to a gas fitting without using a
suitable bond to maintain electrical continuity until the work is completed and
permanent electrical continuity has been restored.
Back to top
PART C
METERS AND REGULATORS
Interpretation of Part
C
11. In this Part -
"meter box" means a receptacle or compartment designed and constructed to
contain a meter with its associated fittings;
"meter compound" means an area or room designed and constructed to contain
one or more meters with their associated fittings;
"secondary meter" means a meter, other than a primary meter, for ascertaining
the quantity of gas provided by a person for use by another
person.
Meters - general
provisions
12. - (1) No person shall install a meter in any premises
unless the site where it is to be installed is such as to ensure so far as is
reasonably practicable that the means of escape from those premises in the event
of fire is not adversely affected.
(2) No person shall install a meter in
any premises unless it is of sound construction adequate to ensure so far as is
reasonably practicable that in the event of fire gas is not able to escape in
hazardous quantities, save that this paragraph shall not apply to any meter
installed in non-domestic premises to which gas is supplied through a readily
accessible service valve.
(3) No person shall install a meter unless the
installation is so placed as to ensure that there is no risk of damage to it
from electrical apparatus.
(4) No person shall install a meter except in
a readily accessible position for inspection and maintenance.
(5) Where a
meter has bosses or side pipes attached to the meter by a soldered joint only,
no person shall make rigid pipe connections to the meter.
(6) Where a
person installs a meter and the pipes and other gas fittings associated with it,
he shall ensure that -
(a) immediately thereafter they are adequately
tested to verify that they are gas tight and examined to verify that they have
been installed in accordance with these Regulations; and
(b) immediately after such testing and
examination, purging is carried out throughout the meter and every other gas
fitting through which gas can then flow so as to remove safely all air and gas
other than the gas to be supplied.
Back to top
Meter housings
13. - (1) Where a meter is housed in a meter box or meter
compound attached to or built into the external face of the outside wall of any
premises, the meter box or meter compound shall be so constructed and installed
that any gas escaping within the box or compound cannot enter the premises or
any cavity in the wall but must disperse to the external air.
(2) No
person shall knowingly store readily combustible materials in any meter box or
meter compound.
(3) No person shall install a meter in a meter box
provided with a lock, unless the consumer has been provided with a suitably
labelled key to that lock.
(4) No person shall install a meter within a
meter compound which is capable of being secured unless the consumer has been
provided with a suitably labelled key for that
compound.
Regulators
14. - (1) No person shall install a primary meter or meter by
pass used in connection with a primary meter unless -
(a) there is a regulator controlling the pressure
of gas supplied through the meter or the by pass, as the case may be, which
provides adequate automatic means for preventing the gas fittings connected to
the downstream side of the regulator from being subjected to a pressure greater
than that for which they were designed;
(b) where the normal pressure of the gas supply
is 75 millibars or more at the inlet to the regulator, there are also adequate
automatic means for preventing, in case the regulator should fail, those gas
fittings from being subjected to such a greater pressure; and
(c) where the regulator contains a relief valve
or liquid seal, such valve or seal is connected to a vent pipe of adequate size
and so installed that it is capable of venting safely.
(2) Without prejudice to the requirements of paragraph (1), no person shall
cause gas to be supplied from a gas storage vessel (other than a re-fillable
cylinder or a cylinder or cartridge designed to be disposed of when empty) to
any service pipework or gas fitting unless -
(a) there is a regulator installed which controls
the nominal operating pressure of the gas;
(b) there is adequate automatic means for
preventing the installation pipework and gas fittings downstream of the
regulator from being subjected to a pressure different from that for which they
were designed; and
(c) there is an adequate alternative automatic
means for preventing the service pipework from being subjected to a greater
pressure than that for which it was designed should the regulator referred to in
sub-paragraph (a) above fail.
(3) No person shall cause gas to be supplied
through an installation consisting of one or more re-fillable cylinders unless
the supply of gas passes through a regulator which controls the nominal
operating pressure of the gas.
(4) Without prejudice to paragraph (3)
above, no person shall cause gas to be supplied through an installation
consisting of four or more re-fillable cylinders connected to an automatic
change-over device unless there is an adequate alternative means for preventing
the installation pipework and any gas fitting downstream of the regulator from
being subjected to a greater pressure than that for which it was designed should
the regulator fail.
(5) Where a person installs a regulator for
controlling the pressure of gas through a primary meter, a meter by pass used in
connection with a primary meter or from a gas storage vessel, or installs a gas
appliance itself fitted with a regulator for controlling the pressure of gas to
that appliance, he shall immediately thereafter ensure, in either case, that the
regulator is adequately sealed so as to prevent its setting from being
interfered with without breaking of the seal.
(6) In relation to
-
(a) gas from a distribution main, no person
except the transporter or a person authorised to act on his behalf;
(b) gas from a gas storage vessel, no person
except the supplier or a person authorised to act on his behalf,
shall break a seal applied under paragraph (5) above other than a seal
applied to a regulator for controlling the pressure of gas to the appliance to
which that regulator is fitted.
(7) A person who breaks a seal applied
under paragraph (5) shall apply as soon as is practicable a new seal which is
adequate to prevent the setting of the regulator from being interfered with
without breaking such seal.
Back to top
Meters - emergency
notices
15. - (1) No person shall supply gas through a primary meter
installed after the coming into force of these Regulations or for the first time
supply gas through an existing primary meter after the coming into force of
these Regulations unless he ensures that a suitably worded notice in permanent
form is prominently displayed on or near the meter indicating the procedure to
be followed in the event of an escape of gas.
(2) Where a meter is
installed or relocated in any premises in either case at a distance of more than
2 metres from, or out of sight of, the nearest upstream emergency control in the
premises, no person shall supply or provide gas for the first time through that
meter unless he ensures that a suitably worded notice in permanent form is
prominently displayed on or near the meter indicating the position of that
control.
Primary
meters
16. - (1) No person shall install a prepayment meter as a
primary meter through which gas passes to a secondary meter.
(2) Any
person -
(a) who first provides gas through any service
pipe or service pipework after the coming into force of these Regulations to
more than one primary meter; or
(b) who subsequently makes any modification which
affects the number of primary meters so provided,
shall ensure that a notice in permanent form is prominently displayed on or
near each primary meter indicating that more than one primary meter is provided
with gas through that service pipe or service pipework.
(3) Where a
primary meter is removed, the person who last supplied gas through the meter
before removal shall -
(a) where the meter is not forthwith re-installed
or replaced by another meter -
(i) close any service valve which controlled the
supply of gas to that meter and did not control the supply of gas to any other
primary meter; and
(ii) seal the outlet of the emergency control
with an appropriate fitting; and
(iii) clearly mark any live gas pipe in the
premises in which the meter was installed to the effect that the pipe contains
gas; and
(b) where the meter has not been re-installed or
replaced by another meter before the expiry of the period of 12 months beginning
with the date of removal of the meter and there is no such service valve as is
mentioned in sub-paragraph (a)(i) above, ensure that the service pipe or service
pipework for those premises is disconnected as near as is reasonably practicable
to the main or storage vessel and that any part of the pipe or pipework which is
not removed is sealed at both ends with the appropriate fitting.
(4) Where a person proposes to remove a primary meter he shall give
sufficient notice of it to the person supplying gas through the meter to enable
him to comply with paragraph (3).
Secondary meters
17. - (1) Any person supplying or permitting the supply of
gas through a primary meter to a secondary meter shall ensure that a line
diagram in permanent form is prominently displayed on or near the primary meter
or gas storage vessel and on or near all emergency controls connected to the
primary meter showing the configuration of all meters, installation pipework and
emergency controls.
(2) Any person who changes the configuration of any
meter, installation pipework or emergency control so that the accuracy of the
line diagram referred to in paragraph (1) is affected shall ensure that the line
diagram is amended so as to show the altered configuration.
Back to top
PART D
INSTALLATION PIPEWORK
Safe use of pipes
18. - (1) No person shall install any installation pipework
in any position in which it cannot be used with safety having regard to the
position of other pipes, pipe supports, drains, sewers, cables, conduits and
electrical apparatus and to any parts of the structure of any premises in which
it is installed which might affect its safe use.
(2) Any person who
connects any installation pipework to a primary meter shall, in any case where
electrical equipotential bonding may be necessary, inform the responsible person
that such bonding should be carried out by a competent
person.
Enclosed
pipes
19. - (1) No person shall install any part
of any installation pipework in a wall or a floor or standing of solid
construction unless it is so constructed and installed as to be protected
against failure caused by the movement of the wall, the floor or the standing as
the case may be.
(2) No person shall install any installation pipework so
as to pass through a wall or a floor or standing of solid construction (whether
or not it contains any cavity) from one side to the other unless -
(a) any part of the pipe within such wall, floor
or standing as the case may be takes the shortest practicable route; and
(b) adequate means are provided to prevent, so
far as is reasonably practicable, any escape of gas from the pipework passing
through the wall, floor or standing from entering any cavity in the wall, floor
or standing.
(3) No person shall, subject to paragraph (4),
install any part of any installation pipework in the cavity of a cavity wall
unless the pipe is to pass through the wall from one side to the
other.
(4) Paragraph (3) shall not apply to the installation of
installation pipework connected to a living flame effect gas fire provided that
the pipework in the cavity is as short as is reasonably practicable, is enclosed
in a gas tight sleeve and sealed at the joint at which the pipework enters the
fire; and in this paragraph a "living flame effect gas fire" means a gas fire
-
(a) designed to simulate the effect of a solid
fuel fire;
(b) designed to operate with a fanned flue
system; and
(c) installed within the inner leaf of a cavity
wall.
(5) No person shall install any installation pipework or any service pipework
under the foundations of a building or in the ground under the base of a wall or
footings unless adequate steps are taken to prevent damage to the installation
pipework or service pipework in the event of the movement of those structures or
the ground.
(6) Where any installation pipework is not itself contained
in a ventilated duct, no person shall install any installation pipework in any
shaft, duct or void which is not adequately ventilated.
Back to top
Protection of buildings
20. No person shall install any installation pipework in a
way which would impair the structure of a building or impair the fire resistance
of any part of its structure.
Clogging precautions
21. No person shall install any installation pipework in
which deposition of liquid or solid matter is likely to occur unless a suitable
vessel for the reception of any deposit which may form is fixed to the pipe in a
conspicuous and readily accessible position and safe means are provided for the
removal of the deposit.
Testing and purging of pipes
22. - (1) Where a person carries out work
in relation to any installation pipework which might affect the gastightness of
any part of it, he shall immediately thereafter ensure that -
(a) that part is adequately tested to verify that
it is gastight and examined to verify that it has been installed in accordance
with these Regulations; and
(b) after such testing and examination, any
necessary protective coating is applied to the joints of that
part.
(2) Where gas is being supplied to any premises
in which any installation pipework is installed and a person carries out work in
relation to the pipework, he shall also ensure that
(a) immediately after complying with the
provisions of sub-paragraphs (a) and (b) of paragraph (1) above, purging is
carried out throughout all installation pipework through which gas can then flow
so as to remove safely all air and gas other than the gas to be supplied;
(b) immediately after such purging, if the
pipework is not to be put into immediate use, it is sealed off at every outlet
with the appropriate fitting;
(c) if such purging has been carried out through
a loosened connection, the connection is retested for gastightness after it has
been retightened; and
(d) every seal fitted after such purging is
tested for gastightness.
(3) Where gas is not being supplied to any
premises in which any installation pipework is installed -
(a) no person shall permit gas to pass into the
installation pipework unless he has caused such purging, testing and other work
as is specified in sub-paragraphs (a) to (d) of paragraph (2) above to be
carried out;
(b) a person who provides a gas supply to those
premises shall, unless he complies with sub-paragraph (a) above, ensure that the
supply is sealed off with an appropriate fitting.
Back to top
Marking of pipes
23. - (1) Any person installing, elsewhere than in any
premises or part of premises used only as a dwelling or for living
accommodation, a part of any installation pipework which is accessible to
inspection shall permanently mark that part in such a manner that it is readily
recognisable as part of a pipe for conveying gas.
(2) The responsible
person for the premises in which any such part is situated shall ensure that the
part continues to be so recognisable so long as it is used for conveying
gas.
Large
consumers
24. - (1) Where the service pipe to any
building having two or more floors to which gas is supplied or (whether or not
it has more than one floor) a floor having areas with a separate supply of gas
has an internal diameter of 50 mm or more, no person shall install any incoming
installation pipework supplying gas to any of those floors or areas, as the case
may be, unless -
(a) a valve is installed in the pipe in a
conspicuous and readily accessible position; and
(b) a line diagram in permanent form is attached
to the building in a readily accessible position as near as practicable to
-
(i) the primary meter or where there is no
primary meter, the emergency control, or
(ii) the gas storage vessel,
indicating the position of all installation
pipework of internal diameter of 25 mm or more, meters, emergency controls,
valves and pressure test points of the gas supply systems in the
building.
(2) Paragraph (1) above shall apply to service pipework as it applies to a
service pipe except that reference therein to "50 mm or more" is to be reference
to "30 mm or more".
(3) In paragraph (1)(b) above "pressure test point"
means a gas fitting to which a pressure gauge can be connected.
Back to top
PART E
GAS APPLIANCES
Interpretation of Part
E
25. In this Part -
"flue pipe" means a pipe forming a flue but does not include a pipe built as
a lining into either a chimney or a gas appliance ventilation duct;
"operating pressure", in relation to a gas appliance, means the pressure of
gas at which it is designed to operate.
Gas appliances - safety
precautions
26. - (1) No person shall install a gas
appliance unless it can be used without constituting a danger to any
person.
(2) No person shall connect a flued domestic gas appliance to the
gas supply system except by a permanently fixed rigid pipe.
(3) No person
shall install a used gas appliance without verifying that it is in a safe
condition for further use.
(4) No person shall install a gas appliance
which does not comply with any enactment imposing a prohibition or restriction
on the supply of such an appliance on grounds of safety.
(5) No person
carrying out the installation of a gas appliance shall leave it connected to the
gas supply unless -
(a) the appliance can be used safely; or
(b) the appliance is sealed off from the gas
supply with an appropriate fitting.
(6) No person shall install a gas appliance
without there being at the inlet to it means of shutting off the supply of gas
to the appliance unless the provision of such means is not reasonably
practicable.
(7) No person shall carry out any work in relation to a gas
appliance which bears an indication that it conforms to a type approved by any
person as complying with safety standards in such a manner that the appliance
ceases to comply with those standards.
(8) No person carrying out work in
relation to a gas appliance which bears an indication that it so conforms shall
remove or deface the indication.
(9) Where a person performs work on a
gas appliance he shall immediately thereafter examine -
(a) the effectiveness of any flue;
(b) the supply of combustion air;
(c) its operating pressure or heat input or,
where necessary, both;
(d) its operation so as to ensure its safe
functioning,
and forthwith take all reasonable practicable
steps to notify any defect to the responsible person and, where different, the
owner of the premises in which the appliance is situated or, where neither is
reasonably practicable, in the case of an appliance supplied with liquefied
petroleum gas, the supplier of gas to the appliance, or, in any other case, the
transporter.
(10) Paragraph (9) shall not apply in respect of -
(a) the direct disconnection of the gas supply of
a gas appliance; or
(b) the purging of gas or air from an appliance
or its associated pipework or fittings in any case where that purging does not
adversely affect the safety of that appliance, pipe or fitting.
Back to
top
Flues
27. - (1) No person shall install a gas appliance to any flue
unless the flue is suitable and in a proper condition for the safe operation of
the appliance.
(2) No person shall install a flue pipe so that it enters
a brick or masonry chimney in such a way that the seal between the flue pipe and
the chimney cannot be inspected.
(3) No person shall connect a gas
appliance to a flue which is surrounded by an enclosure unless that enclosure is
so sealed that any spillage of products of combustion cannot pass from the
enclosure to any room or internal space other than the room or internal space in
which the appliance is installed.
(4) No person shall install a power
operated flue system for a gas appliance unless it safely prevents the operation
of the appliance if the draught fails.
(5) No person shall install a flue
other than in a safe position.
Access
28. No person shall install a gas appliance except in such a
manner that it is readily accessible for operation, inspection and
maintenance.
Manufacturer's instructions
29. Any person who installs a gas appliance shall leave for
the use of the owner or occupier of the premises in which the appliance is
installed all instructions provided by the manufacturer accompanying the
appliance.
Room-sealed
appliances
30. - (1) No person shall install a gas
appliance in a room used or intended to be used as a bathroom or a shower room
unless it is a room-sealed appliance.
(2) No person shall install a gas
fire, other gas space heater or a gas water heater of more than 14 kilowatt
gross heat input in a room used or intended to be used as sleeping accommodation
unless the appliance is a room-sealed appliance.
(3) No person shall
install a gas fire, other gas space heater or a gas water heater of 14 kilowatt
gross heat input or less in a room used or intended to be used as sleeping
accommodation and no person shall install an instantaneous water heater unless
(in each case) -
(a) it is a room-sealed appliance; or
(b) it incorporates a safety control designed to
shut down the appliance before there is a build up of a dangerous quantity of
the products of combustion in the room concerned.
(4) The references in paragraphs (1) to (3) to a
room used or intended to be used for the purpose therein referred to includes a
reference to -
(a) a cupboard or compartment within such a room;
or
(b) a cupboard, compartment or space adjacent to
such a room if there is an air vent from the cupboard, compartment or space into
such a room.
Back to
top
Suspended appliances
31. No person shall install a suspended gas appliance unless
the installation pipework to which it is connected is so constructed and
installed as to be capable of safety supporting the weight imposed on it and the
appliance is designed to be so supported.
Flue dampers
32. - (1) Any person who installs an
automatic damper to serve a gas appliance shall -
(a) ensure that the damper is so interlocked with
the gas supply to the burner that burner operation is prevented in the event of
failure of the damper when not in the open position; and
(b) immediately after installation examine the
appliance and the damper to verify that they can be used together safely without
constituting a danger to any person.
(2) No person shall install a manually operated damper to serve a domestic
gas appliance.
(3) No person shall install a domestic gas appliance to a
flue which incorporates a manually operated damper unless the damper is
permanently fixed in the open position.
Back to top
Testing of appliances
33. - (1) Where a person installs a gas
appliance at a time when gas is being supplied to the premises in which the
appliance is installed, he shall immediately thereafter test its connection to
the installation pipework to verify that it is gastight and examine the
appliance and the gas fittings and other works for the supply of gas and any
flue or means of ventilation to be used in connection with the appliance for the
purpose of ascertaining whether -
(a) the appliance has been installed in
accordance with these Regulations;
(b) the operating pressure is as recommended by
the manufacturer;
(c) the appliance has been installed with due
regard to any manufacturer's instructions provided to accompany the appliance;
and
(d) all gas safety controls are in proper working
order.
(2) Where a person carries out such testing and
examination in relation to a gas appliance and adjustments are necessary to
ensure compliance with the requirements specified in sub-paragraphs (a) to (d)
of paragraph (1) above, he shall either carry out those adjustments or
disconnect the appliance from the gas supply or seal off the appliance from the
gas supply with an appropriate fitting.
(3) Where gas is not being
supplied to any premises in which any gas appliance is installed -
(a) no person shall subsequently permit gas to
pass into the appliance unless he has caused such testing, examination and
adjustment as is specified in paragraphs (1) and (2) above to be carried out;
and
(b) a person who subsequently provides a gas
supply to those premises shall, unless he complies with sub-paragraph (a) above,
ensure that the appliance is sealed off from the gas supply with an appropriate
fitting.
Use of appliances
34. - (1) The responsible person for any premises shall not
use a gas appliance or permit a gas appliance to be used if at any time he knows
or has reason to suspect that it cannot be used without constituting a danger to
any person.
(2) For the purposes of paragraph (1) above, the responsible
person means the occupier of the premises, the owner of the premises and any
person with authority for the time being to take appropriate action in relation
to any gas fitting therein.
(3) Any person engaged in carrying out any
work in relation to a gas main, service pipe, service pipework, gas storage
vessel or gas fitting who knows or has reason to suspect that any gas appliance
cannot be used without constituting a danger to any person shall forthwith take
all reasonably practicable steps to inform the responsible person for the
premises in which the appliance is situated and, where different, the owner of
the appliance or, where neither is reasonably practicable, in the case of an
appliance supplied with liquefied petroleum gas, the supplier of gas to the
appliance, or, in any other case, the transporter.
(4) In paragraph (3)
above the expression "work" shall be construed as if, in the definition of
"work" in regulation 2(1) above, every reference to a gas fitting were a
reference to a gas main, service pipe, service pipework, gas storage vessel or
gas fitting.
Back to top
PART F
MAINTENANCE
Duties of employers and
self-employed persons
35. It shall be the duty of every employer or self-employed
person to ensure that any gas appliance, installation pipework or flue installed
at any place of work under his control is maintained in a safe condition so as
to prevent risk of injury to any person.
Duties of
Landlords
36. - (1) In this regulation -
"landlord" means -
(a) in England and Wales -
(i) where the relevant premises are occupied
under a lease, the person for the time being entitled to the reversion expectant
on that lease or who, apart from any statutory tenancy, would be entitled to
possession of the premises; and
(ii) where the relevant premises are occupied
under a licence, the licensor, save that where the licensor is himself a tenant
in respect of those premises, it means the person referred to in paragraph (i)
above;
(b) in Scotland, the person for the time being
entitled to the landlord's interest under a lease;
"lease" means -
(a) a lease for a term of less than 7 years;
and
(b) a tenancy for a periodic term; and
(c) any statutory tenancy arising out of a lease
or tenancy referred to in sub-paragraphs (a) or (b) above,
and in determining whether a lease is one which
falls within sub-paragraph (a) above -
(i) in England and Wales, any part of the term
which falls before the grant shall be left out of account and the lease shall be
treated as a lease for a term commencing with the grant;
(ii) a lease which is determinable at the option
of the lessor before the expiration of 7 years from the commencement of the term
shall be treated as a lease for a term of less than 7 years;
(iii) a lease (other than a lease to which
sub-paragraph (b) above applies) shall not be treated as a lease for a term of
less than 7 years if it confers on the lessee an option for renewal for a term
which, together with the original term, amounts to 7 years or more; and
(iv) a "lease" does not include a mortgage
term;
"relevant gas fitting" means -
(a) any gas appliance (other than an appliance
which the tenant is entitled to remove from the relevant premises) or any
installation pipework installed in any relevant premises; and
(b) any gas appliance or installation pipework
which, directy or indirectly, serves the relevant premises and which either
-
(i) is installed in any part of premises in which
the landlord has an estate or interest; or
(ii) is owned by the landlord or is under his
control,
except that it shall not include any gas appliance or installation pipework
exclusively used in a part of premises occupied for non-residential
purposes.
"relevant premises" means premises or any part of premises occupied, whether
exclusively or not, for residential purposes (such occupation being in
consideration of money or money's worth) under -
(a) a lease; or
(b) a licence;
"statutory tenancy" means -
(a) in England and Wales, a statutory tenancy
within the meaning of the Rent Act 1997 and the Rent (Agriculture) Act 1976;
and
(b) in Scotland, a statutory tenancy within the
meaning of the Rent (Scotland) Act 1984, a statutory assured tenancy within the
meaning of the Housing (Scotland) Act 1988 or a secure tenancy within the
meaning of the Housing (Scotland) Act 1987;
"tenant" means a person who occupies relevant premises being -
(a) in England and Wales -
(i) where the relevant premises are so occupied
under a lease, the person for the time being entitled to the term of that lease;
and
(ii) where the relevant premises are so occupied
under a licence, the licensee;
(b) in Scotland, the person for the time being
entitled to the tenant's interest under a lease.
(2) Every landlord shall ensure that there is
maintained in a safe condition -
(a) any relevant gas fitting; and
(b) any flue which serves any relevant gas
fitting,
so as to prevent the risk of injury to any person
in lawful occupation or relevant premises.
(3) Without prejudice to the
generality of paragraph (2) above, a landlord shall -
(a) ensure that each appliance and flue to which
that duty extends is checked for safety within 12 months of being installed and
at intervals of not more than 12 months since it was last checked for safety
(whether such check was made pursuant to these Regulations or not);
(b) in the case of a lease commencing after the
coming into force of these Regulations, ensure that each appliance and flue to
which the duty extends has been checked for safety within a period of 12 months
before the lease commences or has been or is so checked within 12 months after
the appliance or flue has been installed, whichever is later; and
(c) ensure that a record in respect of any
appliance or flue so checked is made and retained for a period of 2 years from
the date of that check, which record shall include the following information
-
(i) the date on which the appliance or flue was
checked;
(ii) the address of the premises at which the
appliance or flue is installed;
(iii) the name and address of the landlord of the
premises (or, where appropriate, his agent) at which the appliance or flue is
installed;
(iv) a description of and the location of each
appliance or flue checked;
(v) any defect identified;
(vi) any remedial action taken;
(vii) confirmation that the check undertaken
complies with the requirements of paragraph (9) below;
(viii) the name and signature of the individual
carrying out the check; and
(ix) the registration number with which that
individual, or his employer, is registered with a body approved by the Executive
for the purposes of regulation 3(3) of these
Regulations.
(4) Every landlord shall ensure that any work in
relation to a relevant gas fitting or any check of a gas appliance or flue
carried out pursuant to paragraphs (2) or (3) above is carried out by, or by an
employee of, a member of a class of persons approved for the time being by the
Health and Safety Executive for the purposes of regulation 3(3) of these
Regulations.
(5) The record referred to in paragraph (3)(c) above, or a
copy thereof, shall be made available upon request and upon reasonable notice
for the inspection of any person in lawful occupation of relevant premises who
may be affected by the use or operation of any appliance to which the record
relates.
(6) Notwithstanding paragraph (5) above, every landlord shall
ensure that -
(a) a copy of the record made pursuant to the
requirements of paragraph (3)(c) above is given to each existing tenant of
premises to which the record relates within 28 days of the date of the check;
and
(b) a copy of the last record made in respect of
each appliance or flue is given to any new tenant of premises to which the
record relates before that tenant occupies those premises save that, in respect
of a tenant whose right to occupy those premises is for a period not exceeding
28 days, a copy of the record may instead be prominently displayed within those
premises.
(7) Where there is no relevant gas appliance in any room occupied or to be
occupied by the tenant in relevant premises, the landlord may, instead of
ensuring that a copy of the record referred to in paragraph (6) above is given
to the tenant, ensure that there is displayed in a prominent position in the
premises (from such time as a copy would have been required to have been given
to the tenant under that paragraph), a copy of the record with a statement
endorsed on it that the tenant is entitled to have his own copy of the record on
request to the landlord at an address specified in the statement; and on any
such request being made, the landlord shall give to the tenant a copy of the
record as soon as is practicable.
(8) A copy of the record given to a
tenant pursuant to paragraph (6)(b) above need not contain a copy of the
signature of the individual carrying out the check if the copy of the record
contains a statement that another copy containing a copy of such signature is
available for inspection by the tenant on request to the landlord at an address
specified in the statement, and on any such request being made the landlord
shall make such a copy available for inspection as soon as is
practicable.
(9) A safety check carried out pursuant to paragraph (3)
above shall include, but shall not be limited to, an examination of the matters
referred to in sub-paragraphs (a) to (d) of regulation 26(9) of these
Regulations.
(10) Nothing done or agreed to be done by a tenant of
relevant premises or by any other person in lawful occupation of them in
relation to the maintenance or checking of a relevant gas fitting or flue in the
premises (other than one in part of premises occupied for non-residential
purposes) shall be taken into account in determining whether a landlord has
discharged his obligations under this regulation (except in so far as it relates
to access to that gas fitting or flue for the purposes of such maintenance or
checking).
(11) Every landlord shall ensure that in any room occupied or
to be occupied as sleeping accommodation by a tenant in relevant premises there
is not fitted a relevant gas fitting of a type the installation of which would
contravene regulation 30(2) or (3) of these Regulations.
(12) Paragraph
(11) above shall not apply in relation to a room which since before the coming
into force of these Regulations has been occupied or intended to be occupied as
sleeping accommodation.
Back to top
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) 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
Back to top
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 i |