Energy (Miscellaneous Provisions) Act 2006
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Amendment of Act of 1999 relating to gas safety and gas installers. |
13.— The Act of 1999 is amended by the insertion after section 9E (inserted by section 4 ) of the following sections: | |
“Regulation of gas installers. | ||
9F.— (1) (a) The Commission may appoint a person to be the designated body for the purposes of this section and such body may be referred to as a Gas Safety Supervisory Body. | ||
(b) Where the Commission has not appointed a person to be the designated body, or the designated body is, in the opinion of the Commission, no longer able to carry out its functions under this section, the Commission may, with the consent of the Minister, appoint an employee of the Commission to carry out those functions on a temporary basis. | ||
(2) (a) In appointing a person to be the designated body in accordance with subsection (1) the Commission shall have regard to the costs likely to be incurred— | ||
(i) by the Commission in carrying out its functions under this section, and | ||
(ii) by final customers. | ||
(b) Paragraph 16 of Schedule 1 shall apply to any costs incurred by the Commission in carrying out its functions under this section. | ||
(c) In paragraph (b) the words ‘any costs incurred by the Commission’ includes any moneys provided by the Commission to the designated body, following its appointment under subsection (1), to facilitate that body in establishing and carrying out its functions. | ||
(3) A person shall not be appointed to be the designated body, or if so appointed shall cease to act as the designated body, if that person is or becomes a trade association or performs representative functions on behalf of persons working in the gas industry. | ||
(4) A person who does not for the time being stand appointed as the designated body shall not describe himself or herself as a Gas Safety Supervisory Body or in a manner likely to suggest that such person is the designated body for the purposes of this section. | ||
(5) (a) The Commission shall publish criteria (in this section referred to as ‘the criteria’) relating to— | ||
(i) gas safety supervision, | ||
(ii) the safety standards to be achieved and maintained by gas installers, and | ||
(iii) the procedures to be operated by a person appointed as the designated body. | ||
(b) The criteria document to be published in connection with paragraph (a) shall include, but shall not be limited to, the following information: | ||
(i) the procedures to be adopted by the designated body for the registration of its members; | ||
(ii) the procedures to be followed by a person applying for membership of the designated body; | ||
(iii) the services which the designated body may carry out on behalf of its members; | ||
(iv) the standards of training and safety to be achieved and maintained by members of the designated body and the procedures to be followed by the designated body in monitoring such standards; | ||
(v) the procedures to be followed by the designated body for the inspection of any work carried out by one of its members; | ||
(vi) the procedures to be followed by the designated body in connection with the suspension or revocation of the membership of one of its members; | ||
(vii) the matters to be covered by a completion certificate in respect of different categories or classes of gas works and the circumstances in which each such class of certificate shall be used; | ||
(viii) the type of accounts to be kept by the designated body, and the manner in which such accounts should be audited; | ||
(ix) the method by which the accounts kept under subparagraph (viii) should be published; and | ||
(x) the procedures to be followed, and the records to be maintained, by the designated body or its members (where appropriate), in connection with subparagraphs (i) to (ix). | ||
(c) The Commission may review or amend the criteria as often as it considers necessary. | ||
(6) The Commission shall not appoint a person to be the designated body unless it is satisfied that the person is capable of complying with the criteria, and as respects each person who is a member (in this section referred to as a ‘ registered gas installer ’) of the designated body that the body has, or will have if appointed, the capability and entitlement to— | ||
(a) inspect any work carried out by a registered gas installer, | ||
(b) monitor the training and standards of a person who is a registered gas installer, | ||
(c) suspend the membership of a registered gas installer in the designated body where that registered gas installer is the subject of an investigation by that body into whether— | ||
(i) work carried out by the registered gas installer concerned is unsafe or otherwise of an unsatisfactory standard, or | ||
(ii) the registered gas installer concerned has acted in contravention of the criteria to a material extent, | ||
(d) suspend or revoke the membership of a registered gas installer in the designated body where the body has established that any of the matters specified in subparagraphs (i) or (ii) of paragraph (c) apply as respects the installer concerned. | ||
(7) (a) Where the designated body decides to suspend or revoke the membership of a registered gas installer in the body, the designated body shall inform, in writing, both— | ||
(i) the Commission, and | ||
(ii) the registered gas installer concerned, | ||
of its decision to suspend or revoke the membership of a registered gas installer in the designated body. | ||
(b) A registered gas installer, the subject of a decision under paragraph (a), may submit an appeal, in writing, of the decision to the Commission within 28 days of being informed of the decision. | ||
(8) (a) The Commission shall appoint one or more persons (‘Appeals Officer’) to— | ||
(i) duly consider, and | ||
(ii) furnish a report to the Commission on, | ||
any appeal submitted by a registered gas installer relating to a decision made by the designated body to suspend or revoke his or her membership in the designated body. | ||
(b) The Commission shall have regard to the report of the Appeals Officer under paragraph (a) and shall advise the designated body, the Appeals Officer and the registered gas installer concerned of its decision to confirm, vary or set aside the decision of the body. | ||
(c) An appeal shall not be considered under this subsection if— | ||
(i) it relates to any matter the subject of proceedings before a court or other tribunal, until those proceedings are determined, or | ||
(ii) it is not submitted to the Commission within 28 days of the registered gas installer concerned being informed of the decision. | ||
(9) Notwithstanding the generality of subsections (7) and (8), the Commission may specify the procedures to be followed by— | ||
(a) the Appeals Officer in considering the appeal, | ||
(b) the Appeals Officer in drafting his or her report to the Commission, | ||
(c) the designated body when suspending or revoking the membership of a registered gas installer, and | ||
(d) a registered gas installer who is the subject of a decision by the designated body to revoke his or her membership in the designated body, | ||
in the criteria published under subsection (5). | ||
(10) (a) The tariff of fees and charges imposed by the designated body relating to— | ||
(i) membership of a gas installer in the body, | ||
(ii) registration of a gas installer as a registered gas installer, | ||
(iii) inspections of gas works, and | ||
(iv) any service provided to a member of the designated body by or on behalf of the body, | ||
shall be subject to the approval of the Commission. | ||
(b) The designated body may impose fees and charges under paragraph (a) of different amounts in respect of different categories of membership, registration or service as the Commission may specify in the criteria. | ||
(c) All expenses incurred by the designated body in carrying out any of its functions under this section shall be defrayed by the designated body out of funds at its disposal which are obtained in accordance with paragraph (a). | ||
(11) Where a registered gas installer carries out any gas works, the works shall be carried out in accordance with any safety requirements which the Commission may specify in the criteria. | ||
(12) Where a registered gas installer carries out any gas works, the registered gas installer concerned shall issue the appropriate completion certificate to the person who requested that the works be carried out. | ||
(13) A person on whose behalf a registered gas installer has carried out any gas works may request, on grounds specified in writing, that the designated body arrange for the carrying out of an inspection of those gas works. | ||
(14) The designated body shall, after it receives a request under subsection (13), arrange for the carrying out of an inspection as soon as practicable, and following its completion, shall advise, in writing, both the registered gas installer who carried out the gas works and the person who requested that the inspection be carried out, as to whether the gas works meet the safety requirements of the Commission. | ||
(15) Subject to subsection (16), the designated body shall be entitled to payment of fees and charges in respect of the inspection of gas works under subsection (14), which fees and charges shall be no greater than is set out in the tariff of fees and charges published by the designated body. | ||
(16) The tariff of fees and charges referred to in subsection (15) shall not have effect until approved by the Commission, which approval shall not be given unless the Commission is satisfied that the fees and charges are calculated on the basis of the reasonable costs attributable to the carrying out of inspections under this section. | ||
(17) The Commission shall specify a form of completion certificate to be used for the purposes of this section and may specify different forms for different circumstances or different classes of work and may make provision relating to— | ||
(a) procedures to be followed, and | ||
(b) records to be maintained, | ||
by registered gas installers in connection with the issue of such certificates. | ||
(18) (a) The Commission may conduct an inspection or audit of the designated body to verify compliance by the designated body with the requirements of this section, the terms and conditions of appointment and the criteria of the Commission. | ||
(b) The Commission may appoint a person to assist it in performing inspections or audits referred to in paragraph (a). | ||
(19) The Commission may determine the appointment of the designated body— | ||
(a) in accordance with the terms and conditions of the appointment, | ||
(b) where the Commission is of the opinion that an act or default by the designated body is a cause of serious danger to the public, with immediate effect, or | ||
(c) where it is, in the opinion of the Commission, in the interests of consumers that the appointment be determined, and paragraph (b) does not apply, on giving not less than 3 months notice or such shorter period as may be specified in the terms and conditions of appointment in that respect. | ||
(20) The Commission may appoint a person, including a person who is an employee of the designated body, to be an authorised officer for the purposes of carrying out inspections of the work— | ||
(a) of a registered gas installer on any land where the authorised officer believes such work is being or has been carried out by such an installer, or | ||
(b) which has been the subject of a completion certificate. | ||
(21) A person appointed to be an authorised officer under subsection (20) shall on his or her appointment be furnished with a certificate of his or her appointment, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to that person for inspection. | ||
(22) A registered gas installer and every employee or independent contractor of a registered gas installer shall give all reasonable assistance to— | ||
(a) an authorised officer in the exercise of his or her powers under this section, and | ||
(b) the Commission in exercising its powers under subsection (18) including a person assisting the Commission pursuant to subsection (18). | ||
(23) A person shall not obstruct— | ||
(a) an authorised officer performing any function he or she is authorised to exercise or perform under this section, | ||
(b) the Commission in exercising its powers under this section, or | ||
(c) a person assisting the Commission pursuant to subsection (18). | ||
(24) A person shall not— | ||
(a) describe himself or herself as a registered gas installer, or | ||
(b) describe himself or herself in a manner likely to suggest that he or she is a registered gas installer, | ||
unless that person is a member of the designated body. | ||
(25) A person who contravenes subsection (4), (23) or (24) is guilty of an offence and liable— | ||
(a) on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or to both, or | ||
(b) on conviction on indictment to a fine not exceeding €15,000 or a term of imprisonment not exceeding 3 years or to both. | ||
(26) In this section— | ||
‘ completion certificate ’ means a certificate the form of which has been specified by the Commission under subsection (17); | ||
‘ designated body ’ means a person appointed under subsection (1) to be the designated body for the purposes of this section; | ||
‘ gas works ’ means works designated to be such under section 9G. | ||
Gas works. | ||
9G.— (1) The Commission, having consulted with such persons as it considers appropriate, and with the consent of the Minister, may by regulations designate a class or classes of works to be gas works. | ||
(2) In this section ‘ works’ means work which is related to the installation, removal, repair or replacement of a natural gas fitting as defined by section 2 (as inserted by section 11 of the Energy (Miscellaneous Provisions) Act 2006). | ||
(3) A person shall not carry out works which are gas works unless that person is— | ||
(a) a registered gas installer, | ||
(b) a gas transmission system operator carrying out its functions in accordance with the terms and conditions of the relevant licence, | ||
(c) a gas distribution system operator carrying out its functions in accordance with the terms and conditions of the relevant licence, | ||
(d) a gas emergency officer appointed under section 9I performing his or her duties, or | ||
(e) a gas safety officer appointed under section 9J performing his or her functions under that section. | ||
(4) A person who contravenes subsection (3) is guilty of an offence and liable— | ||
(a) on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or to both, or | ||
(b) on conviction on indictment to a fine not exceeding €15,000 or a term of imprisonment not exceeding 3 years or both. | ||
Regulations relating to gas safety. | ||
9H.— (1) The Commission may, in the performance of its functions under paragraphs (ea) and (eb) of section 9(1) make regulations relating to gas safety. | ||
(2) Without prejudice to the generality of subsection (1) regulations made under this section may provide for— | ||
(a) specifications or requirements regarding the installation or maintenance of natural gas fittings, and | ||
(b) the conditions to be fulfilled before natural gas may be connected or re-connected to any premises or part of any premises following the installation, maintenance, modification or repair of a natural gas fitting. | ||
(3) Where the Commission propose to make regulations under this section, the Commission shall, before doing so, consult with the Minister, the Minister for the Environment, Heritage and Local Government and such other Minister of the Government (if any) as, in the opinion of the Commission, appears appropriate. | ||
(4) A person who fails to comply with regulations made under this section is guilty of an offence under this section. | ||
(5) A person guilty of an offence under this section is liable— | ||
(a) on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or to both, or | ||
(b) on conviction on indictment to a fine not exceeding €15,000 or a term of imprisonment not exceeding 3 years or to both. | ||
(6) (a) Notwithstanding anything specified in regulations made under subsection (2), nothing in this section shall be construed as placing an onus of responsibility on a gas installer to ensure that a natural gas fitting which he or she has correctly installed in a dwelling, place of business or any common area is safely maintained after the point of delivery of natural gas, unless a contractual obligation exists obliging the installer concerned to do so. | ||
(b) Unless specified in any other enactment, the person responsible for ensuring that a natural gas fitting is safely maintained after the point of delivery of natural gas shall be— | ||
(i) in the case of a dwelling: | ||
(I) where that dwelling is the subject of a tenancy, but is not the subject of a lease between a landlord and tenant, the person entitled to receive the rent; | ||
(II) where that dwelling is the subject of a lease between a landlord and tenant, the landlord (subject to the responsibilities of landlords and tenants as set out in sections 12 and 16 of the Residential Tenancies Act 2004 ); or | ||
(III) where that dwelling is not the subject of a lease or tenancy between a landlord and tenant, the person who would be entitled to receive the rent if the dwelling were the subject of a tenancy or lease, | ||
(ii) in the case of a premises used as a place of business: | ||
(I) where that premises is the subject of a lease between a landlord and tenant, and a covenant (whether express or implied and whether general or specific) exists that the tenant, as lessee, shall keep the premises in repair, the tenant in occupation; or | ||
(II) where that premises is not a premises to which clause (I) applies, such person as the Commission may specify from time to time in the framework published under section 9(1F), following consultation with the Minister, the Minister for the Environment, Heritage and Local Government and such other Minister of the Government (if any) as, in the opinion of the Minister, appears appropriate, | ||
and | ||
(iii) in the case of a common area of land which includes any dwellings the subject of subparagraph (i), or any places of business the subject of subparagraph (ii), or both, and which area is being managed by a management company, that management company. | ||
(c) For the purposes of this subsection— | ||
(i) the term ‘business’ is to be interpreted in accordance with the meaning given it by section 3 of the Landlord and Tenant (Amendment) Act 1980 , | ||
(ii) the term ‘dwelling’ is to be interpreted in accordance with the meaning given it by section 4 of the Residential Tenancies Act 2004 , | ||
(iii) the terms ‘lease’, ‘landlord’, ‘tenant’, and ‘tenancy’ as they are used in paragraph (b)(i), are to be interpreted in accordance with the meaning given to them by section 5 of the Residential Tenancies Act 2004 , and | ||
(iv) the terms ‘lease’, ‘lessee’, ‘landlord’ and ‘tenant’ as they are used in paragraph (b)(ii) are to be interpreted in accordance with the meaning given to them by section 3 of the Landlord and Tenant (Amendment) Act 1980 . | ||
Gas emergency officers. | ||
9I.— (1) A transmission system operator or a distribution system operator in relation to natural gas may appoint a person to be a gas emergency officer for the purposes of this section. | ||
(2) A gas emergency officer may, subject to the provisions of this section, enter and inspect any land (with force if he or she considers it necessary in the circumstances) without giving notice or obtaining the consent of any person, and there take such measures as the officer considers appropriate for the protection of any person or any property from any danger arising from natural gas. | ||
(3) A person appointed under subsection (1) shall be furnished with a certificate of his or her appointment by the system operator making the appointment, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to such person. | ||
(4) A gas emergency officer may not exercise the powers conferred by this section unless he or she is of the opinion that there is or may be a danger to any person or property arising from— | ||
(a) the use, misuse or leakage of natural gas, or | ||
(b) a defect or possible defect in any pipeline or natural gas fitting. | ||
(5) Without prejudice to the generality of subsection (2), in exercising his or her powers under this section a gas emergency officer may— | ||
(a) instruct any person to evacuate any place until such time as the premises are, in the opinion of the officer, safe, | ||
(b) instruct any person to perform or refrain from performing any act, if in the opinion of the officer, the performance or non-performance of such act is necessary in order to reduce or prevent any danger arising from natural gas, | ||
(c) search for any escaped natural gas, or any leak or defect in any pipeline or natural gas fitting, | ||
(d) interrupt or disconnect the supply of natural gas without notice. | ||
(6) Where a gas emergency officer enters on land in pursuance of powers conferred by this section, the transmission system operator or the distribution system operator on whose behalf the entry was made shall ensure as soon as possible after the powers have been exercised under this section— | ||
(a) that the land is left no less secure by reason of the entry, | ||
(b) any damage caused by the gas emergency officer is made good or that compensation is paid to the occupier or owner of the land concerned. | ||
(7) A person who— | ||
(a) obstructs or impedes a gas emergency officer in the exercise of powers conferred by this section, | ||
(b) fails or refuses to comply with an instruction given by a gas emergency officer under this section, | ||
(c) knowingly gives to a gas emergency officer information which is false or misleading in a material respect, or | ||
(d) turns on or reconnects the supply of natural gas which supply has been turned off or disconnected by a gas emergency officer, without the consent of a gas emergency officer, | ||
is guilty of an offence. | ||
(8) A person guilty of an offence under subsection (7) is liable— | ||
(a) on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or to both, or | ||
(b) on conviction on indictment to a fine not exceeding €15,000 or a term of imprisonment not exceeding 3 years or to both. | ||
Gas safety officers. | ||
9J.— (1) The Commission may appoint a person to be a gas safety officer for the purposes of— | ||
(a) this section, | ||
(b) paragraphs (ea) and (eb) of section 9(1), and | ||
(c) subsection (1G) of section 9. | ||
(2) A gas safety officer may, subject to the provisions of this section— | ||
(a) enter and inspect any land (with force if he or she considers it necessary in the circumstances) without giving notice or obtaining the consent of any person, and there inspect any— | ||
(i) natural gas pipeline, | ||
(ii) natural gas installation or facility (including a storage facility), | ||
(iii) natural gas fitting, or | ||
(iv) ventilation fittings (whether mechanical or otherwise) associated with or required for the safe operation of a natural gas fitting, | ||
and take such measures as the officer considers appropriate for the protection of any person or any property from any danger arising from natural gas, | ||
(b) enter on any land at any reasonable time and there— | ||
(i) make such inspections and carry out such tests as he or she thinks fit in relation to any activities in or on a premises or installation, | ||
(ii) take any measurement or photograph or make any electrical or electronic recording which he or she considers necessary for the purposes of any such examination or inquiry, | ||
(iii) require any relevant person in authority to produce to him or her such documents, records or materials as are in that person’s possession or control relating to the matter under inquiry and to give to him or her such information as he or she may reasonably require in regard to such documents, record or materials, | ||
(iv) inspect and copy or extract information from documents, records or materials produced to him or her under subparagraph (iii) or which he or she finds during the course of entry to premises, | ||
(v) take samples of natural gas. | ||
(3) A person appointed under subsection (1) shall be furnished with a certificate of his or her appointment by the Commission, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to such person. | ||
(4) Without prejudice to the generality of subsection (2), in exercising his or her powers under this section, a gas safety officer may— | ||
(a) instruct any person to evacuate any premises until such time as the premises are, in the opinion of the officer, safe, | ||
(b) instruct any person to perform or refrain from performing any act, if in the opinion of the officer, the performance or non-performance of such act is necessary in order to reduce or prevent any danger arising from natural gas, | ||
(c) search for any escaped natural gas, or any leak or defect in any pipeline or natural gas fitting, | ||
(d) interrupt or disconnect the supply of natural gas without notice. | ||
(5) Where a gas safety officer enters on land in pursuance of powers conferred by this section, the Commission shall ensure as soon as possible after the powers have been exercised under this section— | ||
(a) that the land is left no less secure by reason of the entry, | ||
(b) any damage caused by the gas safety officer is made good or that compensation is paid to the occupier or owner of the land concerned. | ||
(6) A person who— | ||
(a) obstructs or impedes a gas safety officer in the exercise of powers conferred by this section, | ||
(b) fails or refuses to comply with an instruction given by a gas safety officer under this section, | ||
(c) knowingly gives to a gas safety officer information which is false or misleading in a material respect, or | ||
(d) turns on or reconnects the supply of natural gas which supply has been turned off or disconnected by a gas safety officer, without the consent of a gas safety officer, | ||
is guilty of an offence. | ||
(7) A person guilty of an offence under this section is liable— | ||
(a) on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or to both, or | ||
(b) on conviction on indictment to a fine not exceeding €15,000 or a term of imprisonment not exceeding 3 years or to both.”. |