Electricity Regulation Act 1999

9G

F161[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.

F162[(2) In this section “works” means work which is related to the installation, removal, repair or replacement of a natural gas fitting or an LPG fitting. ]]

F163[(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.]

Annotations

Amendments:

F161

Inserted (11.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 13, S.I. No. 68 of 2008.

F162

Substituted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 25, S.I. No. 280 of 2011.

F163

Inserted (29.06.2009) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 13, S.I. No. 238 of 2009.

Editorial Notes:

Modifications (not altering text):

C12

"Works which are gas works" described (27.06.2011) by Electricity Regulation Act 1999 (Liquefied Petroleum Gas Works) Regulations 2011 (S.I. No. 299 of 2011), reg. 4, in effect as per reg. 2.

4(1) For the purposes of section 9G(3) of the Act, "works which are gas works" means the installation, removal, repair, servicing, maintenance or replacement (or any combination of the foregoing) of a LPG fitting covered by I.S. 813 and or I.S. EN 1949 which is:

(a) used or designed to be used by a Domestic Customer; or

(b) which is designed to be used by a Domestic Customer but which is installed in a Commercial or an Industrial Premises;

4(2) For the purposes of section 9G(3) of the Act "works which are gas works" does not include—

(a) the installation, removal, repair, servicing, maintenance or replacement of LPG Fittings designed to be used by commercial gas customers;

(b) the installation, removal, repair, servicing, maintenance or replacement of LPG Fittings designed to be used by industrial gas customers;

(d) the design of gas works;

(e) work on the Point of Delivery;

(f) work upstream of the Point of Delivery;

(g) work on LPG Fittings for the supply of gas for automotive use;

(h) work that is specifically designed to be effected by a person without the use of a tool;

(i) the manufacture of Appliances or LPG Fittings;

(j) the connection or replacement of a flexible connector connecting a refillable LPG storage cylinder to installation pipework;

(k) work on a single LPG installation (excluding repair or maintenance) without fixed pipework, achieved by a flexible connector from an adjacent LPG storage cylinder; or

(l) The welding of pipework for Domestic Customers prior to the admission of gas.

E45

Power pursuant to section exercised (27.06.2011) by Electricity Regulation Act 1999 (Liquefied Petroleum Gas Works) Regulations 2011 (S.I. No. 299 of 2011), in effect as per reg. 2.

E46

Power pursuant to section exercised (26.06.2009) by Electricity Regulation Act 1999 (Gas Works) Regulations 2009 (S.I. No. 225 of 2009), in effect as per reg. 2.

E47

Previous affecting provision: definition of "works which are gas works" provided (26.06.2009) by Electricity Regulation Act 1999 (Gas Works) Regulations 2009 (S.I. No. 225 of 2009), reg. 4, in effect as per reg. 2; superseded (27.06.2011) by Electricity Regulation Act 1999 (Liquefied Petroleum Gas Works) Regulations 2011 (S.I. No. 299 of 2011, reg. 4, in effect as per reg. 2.