Gas Safety (Management) Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/551 |
| Year | 1996 |
1996 No. 551
HEALTH AND SAFETY
Gas Safety (Management) Regulations 1996
Made 4th March 1996
Laid before Parliament 8th March 1996
The Secretary of State in exercise of the powers conferred on him by sections 15(1), (2), (3)(a), (4)(a), (5)(b), (6)(b) and 82(3)(a) of, and paragraphs 1(1)(c), 15(1), 16 and 21(a) of Schedule 3 to, the Health and Safety at Work etc. Act 19741(“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:—
Citation and commencement
1. These Regulations may be cited as the Gas Safety (Management) Regulations 1996 and shall come into force on 1st April 1996 except regulation 8 which shall come into force on 31st October 1996.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the 1994 Regulations” means the Gas Safety (Installation and Use) Regulations 19942;
“distribution main” has the same meaning as in regulation 2(1) of the 1994 Regulations;
“electricity generating station” includes an electricity generating station used for generating electricity for use on the same premises on which it is situated;
“emergency control” has the same meaning as in regulation 2(1) of the 1994 Regulations;
“emergency service provider” means a person appointed pursuant to regulation 7(11);
“the Executive” means the Health and Safety Executive;
“gas” means any substance in a gaseous state which consists wholly or mainly of methane;
“gas fittings” means gas fittings as defined in regulation 2(1) of the 1994 Regulations as if the phrase “(other than the purpose of an industrial process carried out on industrial premises)” did not appear in that definition;
“gas processing facility” means any gas processing facility which—
(a) blends or purifies gas, removes from gas any of its constituent gases or separates from gas any oil or water; and
(b) is situated at a terminal which receives gas directly or indirectly from a gas production facility;
“gas production facility” means a facility for the extraction of gas from strata or for the manufacture of gas;
“installation pipework” has the same meaning as in regulation 2(1) of the 1994 Regulations;
“interconnector” means a pipeline used for the conveyance of gas to Great Britain from another country;
“network” shall be construed in accordance with paragraphs (2) to (4);
“network emergency co-ordinator” shall be construed in accordance with paragraphs (2) and (3) of regulation 3;
“pipe” includes a pipeline, distribution main, service pipe and any ancillary plant connected to a pipe and used for the conveyance of gas, but it does not include a pipe downstream of an emergency control;
“safety case” shall be construed in accordance with paragraph (5);
“service pipe” has the same meaning as in regulation 2(1) of the 1994 Regulations;
“supply emergency” means an emergency endangering persons and arising from a loss of pressure in a network or any part thereof.
(2) Any reference in these Regulations to a network is, subject to paragraphs (3) and (4), a reference to a connected network of pipes used for the conveyance of gas from a gas processing facility, a storage facility or an interconnector, except a connected network of pipes used exclusively for conveying gas to non-domestic premises.
(3) A network does not include pipes upstream from a junction on a pipe used exclusively for conveying gas to an electricity generating station; and in this paragraph the reference to a junction on a pipe used exclusively for conveying gas to an electricity generating station is a reference to the point where the upstream end of the pipe joins a pipe used for another purpose.
(4) Where gas which does not conform with the requirements referred to in regulation 8(1) is conveyed from a gas processing facility for treatment or blending so as to bring it into conformity with those requirements, any pipes used exclusively for conveying gas from that facility to the point where the gas is treated or blended or to non-domestic premises or to both, shall not be treated as part of a network for the purposes of these Regulations.
(5) Any reference in these Regulations to a safety case is a reference to a document containing the particulars required by the provision of these Regulations pursuant to which the safety case is prepared, and—
(a)
(a) insofar as the document contains other particulars it shall not be treated as part of the safety case for the purposes of these Regulations;
(b)
(b) nothing in these Regulations shall require the particulars to relate to a source of risk other than the gas itself.
(6) Any reference in these Regulations to the Executive accepting a safety case or revision thereof is a reference to the Executive notifying in writing the person who prepared it that it is satisfied with the case for health and safety made out in it.
(7) Any reference in these Regulations to the conveyance of gas is a reference to the conveyance of gas through pipes.
(8) Any reference in these Regulations to conveying gas in a network includes a reference to conveying gas in any part of the network.
(9) Any reference in these Regulations to preventing a supply emergency is a reference to preventing a supply emergency from occurring or continuing.
(10) In these Regulations any reference, in relation to a network, to the network emergency co-ordinator is a reference to the network emergency co-ordinator who has prepared and had accepted a safety case relating to that network pursuant to regulation 3(2) or 10(4).
(11) Any reference in these Regulations to a person supplying or conveying gas, preparing a safety case or carrying out work in relation to a gas fitting is a reference to a person who does so in the course of a business or other undertaking carried on by him.
(12) Unless the context otherwise requires, any reference in these Regulations to—
(a)
(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
(b)
(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Duties on persons conveying gas
3.—(1) No person shall convey gas in a network unless—
(a)
(a) he has prepared a safety case containing the particulars specified in Schedule 1 and that safety case has been accepted by the Executive; and
(b)
(b) where any other person is conveying gas in that network, there is a sole network emergency co-ordinator for the network.
(2) For the purposes of these Regulations a network emergency co-ordinator is, subject to paragraph (3), a person who has prepared a safety case containing the particulars specified in Schedule 2 and has had that safety case accepted by the Executive.
(3) Where a network emergency co-ordinator has given written notice to the Executive and to all persons conveying gas in the network that he no longer intends to act in that capacity, he shall not be the network emergency co-ordinator for the purposes of these Regulations from the time such notice takes effect (which shall not be less than 6 months after it was given).
(4) Nothing in these Regulations shall prevent a person who conveys gas in a network from also being the network emergency co-ordinator.
Revision of safety cases
4.—(1) A person who has prepared a safety case pursuant to these Regulations shall revise its contents whenever it is appropriate, but nothing in this paragraph shall require him to have the revision accepted by the Executive.
(2) Where a revision proposed to be made under paragraph (1) will render the safety case materially different from the last version accepted by the Executive pursuant to these Regulations, the revision shall not be made unless the Executive has accepted the revision, and for the purposes of this paragraph in determining whether a proposed revision will render the safety case materially different from the version referred to above, regard shall be had to the cumulative effect of that proposed revision and any previous revisions made under paragraph (1) but not subject to this paragraph.
(3) A person who has prepared a safety case which has been accepted by the Executive pursuant to these Regulations shall make a thorough review of its contents at least every three years.
Duty to conform with safety case
5.—(1) Where a person has prepared and has had accepted a safety case pursuant to these Regulations he shall ensure, so long as he conveys gas in the network to which the safety case relates or remains a network emergency co-ordinator, as the case may be, that the procedures and arrangements described in the safety case and any revision thereof are followed.
(2) In criminal proceedings for a contravention of paragraph (1) it shall be a defence for the accused to prove that—
(a)
(a) in the particular circumstances of the case it was not in the best interests of health and safety to follow the procedures or arrangements concerned and there was insufficient time to revise the safety case pursuant to regulation 4; or
(b)
(b) the commission of the offence was due to a contravention by another person of regulation 6 and the accused had taken all reasonable precautions and exercised all due diligence to ensure that the procedures or arrangements were followed.
Co-operation
6.—(1) Every person to whom this paragraph applies shall co-operate so far as is necessary with a person conveying gas in a network and with a network emergency co-ordinator to enable them to comply with the provisions of these Regulations.
(2)...
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