In force2020 Revised Edition

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Gas Act 2001 · 2020 Revised Edition · Part 6 · Gas Retailers, Gas Importers and General Provisions

48. Supply of gas illegally taken

(1)

Where any person is guilty of an offence under section 47 or otherwise takes a supply of gas which is in the course of being conveyed by a gas transporter, the gas transporter is entitled to recover from that person the value of gas so taken.

(2)

Where —

(a)

any person at premises which have been re-connected in contravention of section 49(1) takes a supply of gas which has been conveyed to those premises by the gas transporter; and

(b)

the supply is taken otherwise than in pursuance of a contract,the gas transporter is entitled to recover from that person the value of the gas so taken.

(3)

A gas transporter must make, and from time to time revise, a scheme providing for the manner in which the quantity of gas taken in such circumstances as are mentioned in subsection (1) or (2) is to be determined.

(4)

A scheme under this section may make different provisions for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme.

(5)

As soon as practicable after a gas transporter makes a scheme under this section or a revision of such a scheme it must —

(a)

publish, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by it, a notice stating the effect of the scheme or revision;

(b)

send a copy of the scheme or revision to the Authority; and

(c)

if so requested by any other person, send such a copy to that person without charge to that person.

(6)

For the purposes of subsections (1) and (2), “value”, in relation to any gas taken in the circumstances referred to in those subsections, means the amount which could reasonably be expected to have been payable by a consumer in respect of the gas.