HEALTH AND SAFETY 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 1998 Regulations ” means the Gas Safety (Installation and Use) Regulations 1998; “ biogas ” and “ biomethane” have the meanings given in section 100(3) of the Energy Act 2008; “ biomethane production facility ” means a facility for the production of biomethane from biogas; “distribution main” has the same meaning as in regulation 2(1) of the 1998 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 1998 Regulations ; “ emergency reporting service provider ” is to be construed in accordance with paragraphs (3A) and (3B) of regulation 3; “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 1998 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— blends or purifies gas, removes from gas any of its constituent gases or separates from gas any oil or water; and 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 1998 Regulations ; “interconnector” means a pipeline used for the conveyance of gas to Great Britain from another country; “ LNG facility ” means a facility for the reception and regasification of liquid natural gas and any activity, including temporary storage of gas or liquid gas, which is necessary for that reception or regasification. “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 1998 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 biomethane production facility, an LNG 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 (other than biogas or any gas produced from biogas) which does not conform with the requirements referred to in regulation 8(1) is conveyed from a gas processing facility , or an LNG facility, for treatment or blending so as to bring it into conformity with those requirements — a any pipes used exclusively for conveying gas (other than biogas or gas produced from biogas) from that facility to the point where the gas is treated or blended or to non-domestic premises (or to both) are not to be treated as part of a network for the purposes of these Regulations; b any pipes used exclusively for conveying gas (including biogas or gas produced from biogas) from that facility to the point where the gas is treated or blended or to non-domestic premises (or to both) are not to be treated as part of a network for the purposes of these Regulations at any time when they are being used to convey gas which is not biogas or produced from biogas. 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 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 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). 10A In these Regulations any reference, in relation to a network, to an emergency reporting service provider is a reference to an emergency reporting service provider who has prepared and had accepted a safety case relating to that network pursuant to regulation 3(3A). 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 numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; 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 he has prepared a safety case containing the particulars specified in Schedule 1 and that safety case has been accepted by the Executive; ... aa there is a sole emergency reporting service provider for the network; and 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). 3A For the purposes of these Regulations, an “emergency reporting service provider” is a person who has prepared a safety case containing the particulars specified in Schedule 2A and has had that safety case accepted by the Executive. 3B Where an emergency reporting service provider has given written notice to the Executive and all persons who are conveying gas in the network that they no longer intend to act in that capacity, that person ceases to be an emergency reporting service provider on the relevant date. 3C For the purposes of paragraph (3B) “ the relevant date ” means— a the date specified in the written notice given by the person, which may not be before the end of the period of two years beginning with the date on which the notice is given; or b if earlier, the date on which another person who has prepared a safety case in relation to the relevant network containing the particulars specified in Schedule 2A has their safety case accepted by the Executive. 4 Nothing in these Regulations shall prevent a person who conveys gas in a network from also being the network emergency co-ordinator or the emergency reporting service provider (or both) . 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 or an emergency reporting service provider , 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 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 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 , with a network emergency co-ordinator and with any emergency reporting service provider to enable them to comply with the provisions of these Regulations. 2 Paragraph (1) applies to— a a person conveying gas in the network; b an emergency service provider; c the network emergency co-ordinator in relation to a person conveying gas or an emergency reporting service provider ; ca an emergency reporting service provider in relation to a person conveying gas or a network emergency co-ordinator; d a person conveying gas in pipes which are not part of a network by virtue of regulation 2(3) or (4); e the holder of a licence issued under section 7A of the Gas Act 1986 ; f a person exempted under section 6A(1) of the Gas Act 1986 from paragraph (b) or (c) of section 5(1) of that Act; g a person referred to in paragraph 5(1) of Schedule 2A to the Gas Act 1986; h the person in control of a gas production facility , a biomethane production facility , a gas processing facility, a storage facility , an LNG facility or an interconnector supplying gas to the network. 3 The reference in paragraph (2)(h) to the person in control of a production facility is— a where the facility is a fixed installation within the meaning of regulation 2(1) of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 , an operator within the meaning of that regulation; b where the facility is at a borehole site within the meaning of regulation 2(1) of the Borehole Sites and Operations Regulations 1995 , an operator within the meaning of that regulation. 4 A person conveying gas in a network may, subject to paragraph (5), direct a person not to consume gas for the period specified in the direction. 5 A direction under paragraph (4) may— a only be given where it is necessary to prevent a supply emergency or to prevent danger arising from the use of gas not conforming with the requirements of regulation 8; b be given orally or in writing and may be withdrawn at any time. 6 Where a direction is given to a person pursuant to paragraph (4), that person shall comply with it during the period specified in the direction except that this shall not require him to comply with a direction after it has been withdrawn. 7 In criminal proceedings for a contravention of paragraph (6) it shall be a defence for the accused to prove that he had no knowledge of the direction. 8 A person who conveys gas in a network shall, where he is requested to do so by a person proposing to carry out work in relation to a gas fitting, provide him with information about the operating pressures of the gas at the outlet of a service pipe. Gas escapes and investigations 7 1 An emergency reporting service provider— a must provide a continuously staffed telephone service for enabling persons to report an escape of gas from a network or from a gas fitting supplied with gas from a relevant network, and b may provide other continuously staffed means for enabling persons to report such an escape to it. 1A In this regulation “ relevant network ”, in relation to an emergency reporting service provider (“ N ”), means— a the network for which N is the emergency reporting service provider, or b where N is the emergency reporting service provider for two or more networks, any of the networks for which N is the emergency reporting service provider, and references to a “relevant service provider” are to be construed accordingly. 1B The telephone service provided for the purposes of paragraph (1)(a) must be contactable within Great Britain by the use of one telephone number. 1C Where the emergency reporting service provider is not the same for all networks— a the emergency reporting service providers must ensure, for the purposes of paragraph (1)(a), that they are all contactable within Great Britain by the use of the same telephone number, and b where an emergency reporting service provider (“ E ”) also provides other means for enabling persons to report gas escapes to it, E must have in place arrangements to ensure that any gas escape notified to E which concerns a network for which E is not the emergency reporting service provider is notified forthwith to the relevant emergency reporting service provider. 2 If an emergency reporting service provider . is notified of such an escape of gas it shall, if it is not responsible for preventing the escape under paragraphs (4) or (5), report it forthwith to the person who is. 3 A person referred to in regulation 6(2)(a) to (c) and the holder of a licence issued under section 7A(1) of the Gas Act 1986 who discovers or is notified of any such escape of gas (other than by virtue of a report made to him pursuant to paragraph (2)) shall report it forthwith to the emergency reporting service provider for the relevant network . 3A But paragraph (3) does not apply if the person who discovers or is notified of the escape of gas is the emergency reporting service provider for that network. 4 Where any gas escapes from a network the person conveying the gas in the part of the network from which the gas escapes shall, as soon as is reasonably practicable after being so informed of the escape, attend the place where the gas is escaping, and within 12 hours of being so informed of the escape, he shall prevent the gas escaping. 5 Where any gas escapes from a gas fitting supplied with gas from a network, the person conveying the gas in the part of the network immediately upstream of the emergency control for the supply of gas to that fitting shall, as soon as is reasonably practicable after being so informed of the escape, attend the place where the gas is escaping, and within 12 hours of being so informed of the escape, he shall prevent the gas escaping. 6 Where a person conveying gas in a network has reasonable cause to suspect that gas conveyed by him which has escaped has entered, or may enter, any premises, he shall, so far as is reasonably practicable, take all the steps necessary to avert danger to persons from such entry. 7 If the responsible person for any premises knows or has reason to suspect that gas is escaping from a gas fitting in those premises supplied with gas from a network he shall immediately take all reasonable steps to cause the supply of gas to be shut off at such place as may be necessary to prevent further escape of gas. 8 If gas continues to escape into those premises after the supply of gas has been shut off or when a smell of gas persists, the responsible person for the premises discovering such escape or smell shall immediately give notice of the escape or smell to the emergency reporting service provider for the network from which the premises are supplied with gas . 8A But paragraph (8) does not apply if the responsible person is the emergency reporting service provider for that network. 9 Where an escape of gas has been stopped by shutting off the supply, no person shall cause or permit the supply to be re-opened (other than in the course of repair) until all necessary steps have been taken to prevent a recurrence of such escape. 10 In any proceedings against a person for an offence consisting of a contravention of paragraphs (4) or (5) above it shall, in so far as the contravention is not preventing the escape of gas within the period of 12 hours referred to in those paragraphs, be a defence for the person to prove that it was not reasonably practicable for him effectually to prevent the gas from escaping within that period, and that he did effectually prevent the escape of gas as soon as it was reasonably practicable for him to do so. 11 A person conveying gas (“C”) may appoint another person to act on C’s behalf to prevent an escape of gas, and where C does so in advance of discovering or being notified of such an escape— a C shall notify the emergency reporting service provider for the network . of the name of the person appointed; b the appointee shall in relation to the escape be responsible for complying with paragraphs (4) to (6) in substitution for C , and paragraph (6) shall have effect as if the reference to the person conveying gas having reasonable cause to suspect that the gas has entered or may enter premises were a reference to the appointee having such cause. 11A But paragraph (11)(a) does not apply where C is the emergency reporting service provider for that network. 12 Where an escape of gas from a gas fitting on domestic premises has resulted in a fire or explosion, the person conveying the gas in the part of the network immediately upstream of the emergency control for the supply of gas to that fitting shall, as soon as is reasonably practicable after receiving notice of the fire or explosion, cause an investigation to be carried out so as to establish, so far as is reasonably practicable, whether the escape was from installation pipework or from an, and if so which, appliance. 13 Where an escape of gas from a network has or was likely to have resulted in a fire or explosion, the person conveying the gas in the part of the network where the gas escaped shall, as soon as is reasonably practicable after receiving notice of the escape, cause an investigation to be carried out so as to establish the source of the escape and, so far as is reasonably practicable, the reason for it. 14 Where an incident notifiable under regulation 11(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 has arisen as a result of an escape of carbon monoxide gas from incomplete combustion of gas in a gas fitting, the person who supplied the gas shall, as soon as is reasonably practicable after receiving notice of the incident, cause an investigation to be carried out so as to establish, so far as is reasonably practicable, the cause of the escape and accumulation of the carbon monoxide gas. 15 Where a person who conveys gas receives notice of an incident referred to in paragraph (14), he shall, as soon as is reasonably practicable, inform the relevant gas supplier of that fact. 16 A person who causes an investigation to be carried out pursuant to paragraphs (12), (13) or (14) shall— a ensure that the individuals who carry it out are competent; b notify the Executive before the investigation begins of the intention to carry it out; c ensure that a report of the investigation is prepared and a copy of it is sent to the Executive as soon as is reasonably practicable after the investigation has been completed. 17 In this Regulation— a “the responsible person” has the same meaning as in regulation 2(1) of the 1998 Regulations ; b any reference to an escape of gas from a gas fitting includes a reference to an escape or emission of carbon monoxide gas resulting from incomplete combustion of gas in such a fitting; c any reference to a fire or explosion of gas is a reference to an unintended fire or explosion of gas; d any reference to a person supplying gas does not include a reference to a person to whom the gas is supplied and who provides it for use in a flat or part of premises let by him. Content and other characteristics of gas 8 1 No person shall, subject to paragraphs (1A) to (4) , convey gas in a network unless the gas conforms with the requirements specified in Part I of Schedule 3. 1A A person may convey out of specification biogas from a relevant facility in a relevant pipe for treatment or blending so as to bring it into conformity with those requirements. 1B For the purposes of paragraph (1A)— “ out of specification biogas ” means gas which— is biogas or produced from biogas, and does not conform with the requirements specified in Part 1 of Schedule 3; “ relevant facility ” means a biomethane production facility or a gas processing facility; “ relevant pipe ” means a pipe used exclusively for conveying gas (including out of specification biogas) to— the point where the gas is treated or blended, or that point and non-domestic premises. 2 The network emergency co-ordinator may, where it is necessary to prevent a supply emergency and in accordance with the arrangements specified in his safety case pursuant to paragraph 3(d) of Schedule 2, authorise, for the period specified in the authorisation, gas not conforming with the requirements specified in Part I of Schedule 3 to be conveyed in the network if the gas conforms with the requirements specified in Part II of that Schedule. 3 An authorisation under paragraph (2) may be given orally or in writing and may be withdrawn at any time. 4 Where only one person conveys gas in a network, he may, where it is necessary to prevent a supply emergency and in accordance with the arrangements specified in his safety case pursuant to paragraph 19 of Schedule I, convey gas which does not conform with the requirements specified in Part I of Schedule 3 if the gas conforms with the requirements specified in Part II of that Schedule. 5 A person who conveys gas in a network shall ensure that suitable and sufficient tests are carried out to ensure that the gas conforms with the requirements of paragraphs (1), (2) or (4), as appropriate. 6 But paragraph (5) does not apply in respect of any out of specification biogas which is conveyed in a relevant pipe as permitted by paragraph (1A). Keeping of documents 9 1 A person who prepares a safety case pursuant to these Regulations shall— a ensure that when the safety case is sent to the Executive for acceptance it is notified of an address in Great Britain for the purposes of sub-paragraphs (b) to (f) below; b keep the accepted safety case and any revision thereof or a copy thereof at that address; c keep each audit report made by him or a copy thereof at that address; d ensure that a record is made of any action taken in consequence of such an audit report and keep that record or a copy thereof at that address; e ensure that a report is made of every review carried out by him pursuant to regulation 4(3) and ensure that a copy is sent to the Executive; f keep such report or a copy thereof at that address; and g ensure that a record is made of every test carried out pursuant to regulations 8(5) and 10(6) in relation to gas he conveys and keep that record or a copy thereof at that address. 2 Each report and record required to be kept by paragraph (1) shall be kept for a period of 3 years after it has been made, and the safety case and revision shall be kept for so long as it is current. 3 It shall be sufficient compliance with paragraph (1) for the information in the documents to be kept at the address notified on film or by electronic means provided that the information is capable of being reproduced as a written copy at that address and it is secure from loss or unauthorised interference. 4 Where a person has notified an address pursuant to sub-paragraph (a) of paragraph (1), he may notify to the Executive a different address in Great Britain for the purposes of the provisions referred to in that sub-paragraph, and where he does so references in those provisions and in paragraph (3) where applicable to the address notified shall be construed as the address in the last notification made under this paragraph. 5 In this regulation “audit report” means a report made pursuant to the arrangements referred to in paragraph 11 of Schedule 1 or paragraph 4 of Schedule 2 (to the extent that the later mentioned paragraph relates to arrangements for audit). Pipes used to convey biogas or gas made from biogas: transitional provisions 10 1 A BPF pipe transporter (“ B ”) may continue to convey gas in a BPF pipe on and after 6th April 2023 despite the fact that B does not have a safety case prepared pursuant to regulation 3(1)(a) which has been accepted by the Executive. 2 But paragraph (1) ceases to apply to B— a on 6th October 2024, if B has not prepared a safety case pursuant to regulation 3(1)(a) and sent it to the Executive before that date; b if the Executive rejects the safety case prepared by B pursuant to regulation 3(1)(a), on the date on which the Executive rejects B’s safety case (whether this date is before, on or after 6th October 2024 ). 3 In this regulation— “ BPF pipe transporter ” means a person who, immediately before 6th April 2023— is conveying gas in a BPF pipe; and is not conveying gas in any part of any existing network to which the BPF pipe is connected; “ BPF pipe ” means a pipe conveying gas from a biomethane production facility which, immediately before 6th April 2023— is connected to an existing network; but is not treated as part of that network for the purposes of these Regulations; “ existing network ” means a network within the meaning of these Regulations as they had effect immediately before 6th April 2023. Transitional provisions: emergency reporting service provider safety case 10A 1 This regulation applies where, immediately before 6th April 2023, a person (“ P ”) has an accepted EHP safety case. 2 P’s accepted EHP safety case is to be treated, on and after 6th April 2023, as if it had been prepared pursuant to, and accepted by the Executive under, regulation 3(3A). 3 Accordingly, on 6th April 2023, P becomes the emergency reporting service provider for each network. 4 Regulation 4 applies in relation to P as if the requirement in paragraph (3) of that regulation to make a thorough review of the contents of its accepted EHP safety case every three years were a requirement to— a make a thorough review of the accepted EHP safety case by the end of the period of three years beginning with the day on which P last reviewed that safety case, and b at least every three years thereafter. 5 Nothing in this regulation prevents P from giving written notice for the purposes of regulation 3(3B) on or after 6th April 2023 in relation to any or all of the networks. 6 In this regulation “ accepted EHP safety case ” means a safety case prepared pursuant to, and accepted by the Executive under, paragraph 3 of exemption No. 8 of 2016 granted by the Executive in pursuance of its powers under regulation 11(1) of these Regulations on 5th September 2016 to National Grid Gas Distribution Limited, a company registered in England and Wales with the company number 10080864. Exemptions 11 1 Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons from any requirement or prohibition imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing. 2 The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to— a the conditions, if any, which it proposes to attach to the exemption; and b any other requirements imposed by or under any enactment which apply to the case; it is satisfied that the health and safety of persons likely to be affected by the exemption, will not be prejudiced in consequence of it. Repeals, revocations and amendment 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of these Regulations 13 1 The Secretary of State must from time to time— a carry out a review of the regulatory provisions contained in these Regulations, as amended by the Gas Safety (Management) (Amendment) Regulations 2023; b set out the conclusions of the review in a report; and c publish the report. 2 Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report must in particular— a set out the objectives intended to be achieved by the regulatory regime established by the regulatory provisions referred to in paragraph (1)(a), b assess the extent to which the objectives are achieved, and c assess whether those objectives remain appropriate, and if so, the extent to which they could be achieved by a system which imposes less onerous regulatory provision. 3 The first report must be published before the end of the period of five years beginning with 6th April 2023. 4 Subsequent reports must be published under this regulation at intervals not exceeding five years. 5 In this regulation “ regulatory provision ” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act). Signed by authority of the Secretary of State Paul Beresford Parliamentary Under Secretary of State, Department of the Environment 4th March 1996