Gas Citation and commencement 1 These Regulations may be cited as the Gas (Meters) Regulations 1983 and shall come into operation on 1st June 1983. Interpretation 2 In these Regulations— “ the Act ” means the Gas Act 1972 ; “ diaphragm meter ” means a meter constructed so that it contains a flexible partition ; “ meter examiner ” means a meter examiner appointed under section 30(3) of the Act ; “modified prototype” means a prototype which was examined by a meter examiner prior to modification. Prescribed standards for meters 3 1 The standards with which a meter examiner is to be satisfied that a meter conforms so that he may stamp, or authorise the stamping of, the meter in accordance with section 30(2) of the Act are as follows:— a the meter is such that no gas or air will escape from it; b in the case of any diaphragm meter, the meter, when used for the purpose of ascertaining the quantity of either gas or air passing through it— i at any rate of flow not less than 1/50th of the greatest rate of flow for which it is designed and not more than that greatest rate of flow, will register such quantity of gas or air as does not differ from the actual quantity of gas or air passing through the meter by more than 2 per cent of that actual quantity; and ii at the rate of flow specified in column 1 of Table A below which corresponds to the greatest rate of flow for which it is designed specified in column 2 of the Table, will register the passage of gas or air; Table A Column 1 Column 2 Rate of flow in cubic decimetres per hour Greatest rate of flow for which the meter is designed in cubic metres per hour 15 Not exceeding 6 30 Exceeding 6 but not exceeding 25 60 Exceeding 25 but not exceeding 65 150 Exceeding 65 c in the case of a meter other than a diaphragm meter, where that meter is designed for a maximum rate of flow exceeding 10 cubic metres per hour, the meter, when used for the purpose of ascertaining the quantity of either gas or air passing through it— i at any rate of flow not less than 1/5th of the greatest rate of flow for which it is designed and not more than that greatest rate of flow, will register such quantity of gas or air as does not differ from the actual quantity of gas or air passing through the meter by more than 1 per cent of that actual quantity; and ii at any rate of flow not less than the smallest rate of flow for which it is designed and less than 1/5th of the greatest rate of flow for which it is designed, will register such quantity of gas or air as does not differ from the actual quantity of gas or air passing through the meter by more than 2 per cent of that actual quantity; cc in the case of a meter other than a diaphragm meter, where that meter is designed for a maximum rate of flow which does not exceed 10 cubic metres per hour, the meter, when used for the purpose of ascertaining the quantity of gas or air passing through it— i at any rate of flow not less than 1 75 th of the greatest rate of flow for which it is designed and not more than the greatest rate of flow for which it is designed, will register such quantity of gas or air as does not differ from the actual quantity of gas or air passing through the meter by more than 2 per cent of that actual quantity; and ii at any rate of flow less than 1 75 th of the greatest rate of flow for which it is designed and not less than 1 150 th of the greatest rate of flow for which it is designed, will register such quantity of gas or air as does not differ from the actual quantity of gas or air passing through the meter by more than 3 per cent of that actual quantity; d in the case of a diaphragm meter designed to operate at a pressure of not more than 1 bar, the mean difference between the pressure of air at the inlet of the meter and the pressure of air at the outlet of the meter, where air is passing through the meter at the greatest rate of flow for which it is designed, will not exceed the amount specified in column 1 of Table B below which corresponds to that greatest rate of flow specified in column 2 of the Table; and Table B Column 1 Column 2 Mean difference in millibars Greatest rate of flow for which the meter is designed in cubic metres per hour 2.0 Not exceeding 16 3.0 Exceeding 16 but not exceeding 65 4.0 Exceeding 65 e in the case of any diaphragm meter, the difference between the pressure at the inlet of the meter and the pressure at the outlet of the meter, when air is passing through the meter at the rate of flow which is 1 per cent of the greatest rate of flow for which the meter is designed, will not exceed the amount specified in column 1 of Table C below which corresponds to that greatest rate of flow specified in column 2 of the Table. Table C Column 1 Column 2 Mean difference in millibars Greatest rate of flow for which the meter is designed in cubic metres per hour 0.6 Not exceeding 65 1.0 Exceeding 65 2 A meter shall be deemed to conform with a standard prescribed by paragraph (1)(b) (c) or (cc) above , notwithstanding that gas instead of air is passing through the meter, where the results of testing for that standard show that if it had been conducted with air passing through the meter— a at a density of 1.2 kilograms per cubic metre, or b in a case where the meter is marked in such manner as is approved by the Secretary of State so as to indicate that the meter is to be used only for the purpose of ascertaining the quantity of gas supplied to any person at a specified range of densities of which the lower limit exceeds 1.2 kilograms per cubic metre, at the higher and lower limits of that range, the meter would have conformed with that standard. 3 A meter shall be deemed to conform with a standard prescribed by paragraph (1)(d) or (e) above, notwithstanding that gas instead of air is passing through the meter, where the results of testing for that standard show that, if it had been conducted with air passing through the meter at a density of 1.2 kilograms per cubic metre, the meter would have conformed with that standard. Meters not stamped by, or on the authority of, a meter examiner 3A 1 For the purposes of section 17(1) of the Gas Act 1986 and subject to paragraph (2) below, a meter to which regulation 3(1)(cc) above applies which is manufactured or repaired in a member state of the European Communities ... may be stamped by, or on the authority of, a person other than a meter examiner, if that person is authorised by the Secretary of State for the purposes of this regulation (“an authorised person”). 2 An authorised person shall not stamp, or authorise the stamping of, any meter unless— a he is satisfied that it is of such pattern and construction and is marked in such manner as is approved by the Secretary of State for the purposes of this regulation; and b he has been provided with the requisite documentation relating to that meter. 3 In this regulation, “requisite documentation” in relation to any meter means— a the examination report of an approved body that the meter which is the subject of that report conforms to the standards prescribed in regulations 3(1)(a) and 3(1)(cc) above, and b if requested by an authorised person the results of the tests on which the examination report is based. 4 For the purposes of this regulation, a body making an examination report in respect of a meter is an “approved body” if it is the body in the member state in which the meter has been manufactured or repaired which has responsibility for the metrological control of gas volume meters or is a laboratory which has been accredited in that member state as being a body which conforms with the criteria set out in EN 45001. Periodic overhaul of meters 3B 1 Subject to paragraph (2) below, the Secretary of State may require, on approving the pattern and construction of any meter under section 17(3) of the Gas Act 1986 or for the purpose of regulation 3A(2)(a) above, that meters of the approved pattern and construction which are used for the purpose of ascertaining the quantity of gas supplied through pipes to any person shall be overhauled in a specified manner at specified intervals during the period of such use. 2 No requirement shall be imposed under paragraph (1) above on approving the pattern and construction of a modified prototype examined by a meter examiner before the date on which these Regulations come into force. 3 Where the Secretary of State imposes an overhaul requirement under paragraph (1) above, he shall publish a notice in the London and Edinburgh Gazettes specifying the requirement and describing the meters in respect of which it applies. 4 The Secretary of State may at any time withdraw a requirement imposed under paragraph (1) above by publishing a notice of withdrawal in the London and Edinburgh Gazettes. Re-examination of disputed meters 4 1 Where there is a dispute between any person to whom gas is supplied and the person supplying the gas as to the accuracy with which a meter stamped under section 30 of the Act registered the quantity of gas supplied to that person and either party to the dispute requires a meter examiner in the civil service of the Crown appointed under that section to re-examine the meter, and the names and addresses of both parties to the dispute are communicated in writing to the meter examiner, it shall be the duty of the meter examiner on payment of the requisite fee to re-examine the meter. 2 If a meter examiner, on re-examining the meter, is satisfied that the meter does not conform with the standards prescribed by Regulation 3 above, it shall be the duty of the meter examiner to cancel the stamp with which the meter is already stamped by defacing it. 3 If a meter examiner on re-examining a meter is satisfied that the meter does not conform ... with the standard prescribed by paragraph (1)(b)(i) or a standard prescribed by paragraph (1)(c) or (cc) of Regulation 3 above, it shall be the duty of the meter examiner to give to each of the parties to the dispute a certificate signed by the meter examiner stating the degree exceeding the degree permissible for that standard to which the meter when re-examined registered erroneously. 4 If a meter examiner on re-examining a meter is satisfied that the meter conforms ... with the standard prescribed by paragraph (1)(b)(i) or the standards prescribed by paragraph (1)(c) or (cc) of Regulation 3 above, it shall be the duty of the meter examiner to give to each of the parties to the dispute a certificate signed by the meter examiner stating that the meter when re-examined registered accurately 5 If a meter examiner on re-examining a meter is satisfied that the meter is so defective that he cannot examine it for conformity with the standard prescribed by paragraph (1)(b)(i) or the standards prescribed by paragraph (1)(c) or (cc) of Regulation 3 above, it shall be the duty of the meter examiner to give to each of the parties to the dispute a certificate signed by the meter examiner stating that the meter when re-examined could not be so examined and to cancel the stamp with which the meter is already stamped by defacing it. Revocation of approval of pattern and construction 4A 1 The Secretary of State may, after consultation with such persons appearing to him to be interested as he thinks fit, revoke any approval of pattern and construction which was granted under section 17(3) of the Gas Act 1986 or for the purpose of regulation 3A(2)(a) above after the date on which these Regulations come into force if he considers that— a meters of the approved pattern and construction have revealed in service a defect of a general nature which makes them unsuitable for their intended use; or b meters of the approved pattern and construction can no longer be manufactured so as to comply with standards applicable under regulation 3 above. 2 Where the Secretary of State revokes an approval of pattern and construction under paragraph (1) above— a he shall give a statement in writing of his grounds for doing so to any person appearing to him to be concerned; and b he may publish in the London and Edinburgh Gazettes a notice requiring all meters of the pattern and construction in question used for the purpose of ascertaining the quantity of gas supplied through pipes to any person to be replaced within a period of six months beginning with the date of the notice. 3 The Secretary of State may at any time withdraw a notice under paragraph (2)(b) above by publishing a notice of withdrawal in the London and Edinburgh Gazettes. Offences 4B 1 Any person who supplies gas through a meter— a which has not been overhauled in accordance with a requirement imposed under regulation 3B(1) above; or b which has not been replaced in accordance with a requirement of a notice published under regulation 4A(2)(b) above; shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. 2 Where the commission by any person of an offence under paragraph (1) above is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person. 3 In any proceedings for an offence under paragraph (1) above it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence. Fees 5 1 Subject to the provisions of paragraphs (3) to (6) and (8) below, the fee to be paid to the Secretary of State for examining or re-examining by a meter examiner, with or without stamping, a meter (not being a prototype or modified prototype) of measuring capacity specified in column 1 of Schedule 1 to these Regulations used or intended to be used for ascertaining the quantity of gas supplied to any person shall be the corresponding fee specified in column 2 of that Schedule. 2 Subject to the provisions of paragraphs (3), (6) and (7) below, where the meter is a prototype or is a modified prototype which is submitted for approval of its pattern and construction, there shall be paid to the Secretary of State, for examining by the meter examiner, with or without stamping, a fee calculated at the rate of £44.05 where the examination is at the office of the meter examiner or of £34.56 where the examination is at another place, for every hour or part of an hour exceeding 30 minutes spent by the meter examiner and any other examiner assisting him in the examination of the meter. 3 Where the meter has not been delivered to the office of a meter examiner for the purpose of examination or re-examination, or where the meter is removed from the office of a meter examiner to another place for the purpose of examination or re-examination, there shall be paid to the Secretary of State, in addition to any fee payable under paragraph (1) or (2) above, a fee equivalent to the amount of– a all reasonable expenses, including incidental expenses, incurred by the meter examiner, and any other meter examiner assisting him in the examination, in travelling to and from the premises at which the meter is situated, in preparing for the examination of the meter or in dismantling any equipment used therefor; and b a sum calculated at the rate of £34.56 for every hour, or part of an hour exceeding thirty minutes, spent by the examiner and any such other meter examiner respectively in such travelling, preparing or dismantling. 4 Where the meter is required to be re-examined by a party to such a dispute as is mentioned in regulation 4(1) above, there shall be paid to the Secretary of State, in addition to any fee payable under paragraph (1) or (3) above, a fee of £6.20. 5 Where the meter which is submitted for examination or re-examination is not a prototype or modified prototype, and it satisfies one or more of the following criteria, namely:– a it incorporates compensating devices which cause its register to indicate the quantity of gas passing through it as if the gas were at a particular temperature and pressure or both; b it is an electronic device or it incorporates electronic components; or c it is marked in a manner referred to in regulation 3(2) above, there shall be paid to the Secretary of State in addition to any fee payable under paragraphs (1), (3) or (4) above, for examining or re-examining by the meter examiner a fee equivalent to the amount in respect of any time spent by the meter examiner and any other examiner assisting him in examining or re-examining the meter to the nearest quarter of an hour (a period of 7.5 minutes or more being rounded up to quarter of an hour) at an hourly rate of £34.56. 6 Where the meter cannot properly be examined or re-examined without the aid of equipment which is not in the possession of the meter examiner and has not been made available to him by the person seeking the examination or re-examination, there shall be paid to the Secretary of State, in addition to any fee payable under paragraphs (1) to (5) above, a fee equivalent to the amount of– a all reasonable expenses incurred by the examiner in procuring the use of such equipment as is needed; and b except where a fee is payable in respect of preparing and dismantling the equipment under paragraph (3)(b) above, a sum calculated at the rate of £34.56 for every hour, or part of an hour exceeding 30 minutes, spent by the examiner and any other meter examiner assisting him in the examination or re-examination, in preparing the equipment for use for the purpose of the examination or re-examination or in dismantling it subsequently. 7 Where the meter– a is a prototype submitted for approval of its pattern and construction or is a modified prototype so submitted, and b its durability is tested at the office of the meter examiner, there shall be paid to the Secretary of State, in addition to any fee payable under paragraphs (2), (3) or (6) above, a fee equivalent to the costs of obtaining the fuel used for the purpose of the test. 8 Subject to the provisions of paragraph 4(4) of Schedule 5 to the Gas Act 1986, any fee payable under paragraphs (1) to (7) above shall be paid on demand by the person who requires the meter to be examined or re-examined. 9 Where any person requires the re-examination of any meter not owned by him through which gas is supplied to him and that meter, when examined on the premises at which it is situated for the purpose of ascertaining the quantity of gas, is found to register erroneously to a degree exceeding the degree permissible under regulation 3(1)(b)(i) or (c) above, the owner of the meter shall pay to that person the amount of all fees paid by him under this regulation. 10 The fee to be paid to the Secretary of State for stamping a meter of measuring capacity described in column 1 of Schedule 1 to these Regulations (not being a prototype or a modified prototype) which has not been examined or re-examined by a meter examiner, and which is used or intended to be used for ascertaining the quantity of gas supplied to any person, shall be the corresponding fee specified in column 2 of that Schedule. 11 Any fee payable under paragraph (10) above shall be paid on demand by the person who requires the meter to be stamped. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations 6 The Regulations specified in columns 1 and 2 of Schedule 2 to these Regulations are hereby revoked to the extent specified in column 3 of the Schedule. Hamish Grey Minister of State Department of Energy