Electricity Regulation Act 1999

9H

F156[Regulations relating to gas safety.

F157[9H. (1) The Commission may, in the performance of its functions under paragraphs (ea), (eb) and (ed) 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 LPG fittings, and

(b) the conditions to be fulfilled before natural gas or LPG may be connected or reconnected to any premises following the installation, maintenance, modification or repair of a natural gas fitting or LPG fitting, as the case may be.]

(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 F158[or LPG 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 F159[or LPG, as the case may be], 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 F160[or LPG fitting] is safely maintained after the point of delivery of natural gas F161[or LPG, as the case may be,] 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 F162[published under section 9(1G)], 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.]

Annotations

Amendments:

F156

Inserted (12.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 13, S.I. No. 68 of 2008.

F157

Substituted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(2)(e), S.I. No. 20 of 2013.

F158

Inserted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 26(f), S.I. No. 280 of 2011.

F159

Inserted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 26(g), S.I. No. 280 of 2011.

F160

Inserted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 26(h), S.I. No. 280 of 2011.

F161

Inserted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010. (11/2010), s. 26(i), S.I. No. 280 of 2011.

F162

Substituted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 26(j), S.I. No. 280 of 2011.

Editorial Notes:

E49

Power pursuant to section exercised (31.03.2014) by Liquefied Petroleum Gas Safety (Liquefied Petroleum Gas Incident Reporting and Investigation) Regulations 2014 (S.I. No. 78 of 2014), in effect as per reg. 2.

E50

Previous affecting provision: subss. (1), (2) amended (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 26(a)-(e), S.I. 280 of 2011; substituted as per F-note above.