Older Powers
Gas Undertakings
From the early to mid-19th century, gas undertakings obtained private acts of parliament authorizing them to break open streets, lay pipes and the infrastructure for gas lighting. They are also authorized to manufacture and supply gas for lighting, heat and other purposes.
They were authorised for the sale, disposal and dealing with gas, coke tar and other residual products. They were authorized to sell, let or manufacture engines, stoves, pipes and other fittings for lighting, cooking, heating, etc., in the late 19th century.
In common with equivalent utilities, Parliament passed many such private acts and adopted special standing orders for gas undertakings. Provisional orders authorizing gas undertakings could be procured in any district under later gas and waterworks facilities legislation.
Urban authorities could apply themselves to supply gas by private act or might obtain a provisional order. The application was made to the Local Government Board or Board of Trade.
The legislation makes provisions in relation to the accounts of gas companies. There are limitations in respect of powers to appoint receivers and insolvency officers and make dividends.
Urban authorities had the power to provide lighting for their district via gas methods under the Public Health Ireland Act 1878. They could, for public or private purposes, with the sanction of the Local Government Board, buy gas undertakings. There are provisions for recovery by the gas companies of penalties under the same procedures as under railway legislation. There are summary legal procedures by way of application to the Magistrates (now the District) Court.
Incorporation of Clauses Act
Parliament, in granting statutory powers, usually incorporated the Gas Works Clauses Act of 1847, which was later amended in 1871. This act was passed to consolidate and provide a standard form of private act. Provisions of the Gas Work Clauses Act were incorporated in provisional orders authorizing gas authorities under the gas and waterworks facilities legislation.
The Gas Work Clauses Act provides groups of clauses in relation to particular matters in order to facilitate incorporation into private acts or provisional orders.
The special act or provisional order authorised the construction of works within certain places and bounds. These would be defined in detail, setting out the proposed works to be undertaken, giving powers to compulsory acquire land or interests in land as required. The Land Clauses Act was generally incorporated for such CPO purposes. Particular easements were authorized to be obtained by undertakers.
Opening Streets
The power to break up streets and lay pipes was either expressly granted or incorporated by reference to the Gas Works Clauses Act. It included powers to lay pipes in private roads for the supply of houses rebutting them.
Undertakers were obliged to settle damages and make compensation for damage caused. They were not authorized to lay pipes through private lands without the consent of the owner or occupier. They may, however, enter lands to replace existing pipes or pipes already laid down.
Before proceeding to break up the streets, bridges, drains or tunnels, they must give notice to the authority or persons managing the same. No breaking or opening could take place other than under the control and management of an officer of the authority. T
There was a provision for reference of disputes to the court of summary jurisdiction. There were obligations to reinstate streets upon completion of works. While works were ongoing, they were obliged to be fenced and secured and guarded and lit at night.
The Gasworks Clauses Act is divided into groups of clauses to facilitate incorporations into special acts and provisional orders. The acts allow the construction of the works themselves.
Opening Process
The Acts allow the opening and breaking of streets, “alleys, highways, etc.” subject to certain conditions. It is subject to overseen by the relevant authority. Power is granted to lay and connect service pipes and related infrastructure. It must do as little damage as possible and give compensation for damage done.
There is no power to lay pipes on private lands without the consent of the owner. They may, however, enter land for the purpose of placing new pipes in place of an existing pipe where the pipe has already been lawfully laid.
Notices must be given prior to breaking streets, et cetera, to the local authority or other manager of the street. It may approve the opening up and plans in respect of the same. The local authority may superintend the work.
There is an obligation to reinstate the works. They must be fenced, guarded, et cetera, with sufficient lighting and warning while the works are ongoing. There are penalties for undertaking the work without the requisite notice. In addition to the penalty, they may be liable for nuisance and for failure to reinstate and incur civil liability to persons incurring damages.
Supply of Gas
The legislation grants powers to supply gas within the limits of the Act. There is also a duty imposed. The duty was relieved where a supply of electricity is authorised by another licence or authority.
Gas work undertakers have the power to enter contracts for the purpose of lighting or heat. Owners within 25 yards of a main were entitled to require a supply of gas subject to payment of the requisite charges and compliance with standard terms and conditions. The gas companies may specify the size and types of material connections between the gas mains and the gas equipment.
The standard of gas must comply with the standards specified. Consumers were to be supplied with meters. The meter must be duly stamped under the Sale of Gas Act 1859 and 1860. Gas meters were not subject to enforcement or distress, whether for rent or otherwise. The gas undertakers must keep the meters in repair.
Charges
The consumers were charged rent for the meter. The customer had duties to keep the meter in order so that it correctly registers gas use. The undertaker may cease supplying if the meter is tampered with.
Undertakers are entitled to have access to remove, test and replace any meter at all reasonable times. If the defect in the meter is due to the customer’s fault, it is done at his cost. There was a provision for pre-payment meters.
The cost of gas supply was regulated under the older legislation. This is replaced by modern legislation under the CER.
Gas companies may require security for payment of gas as a condition of supply. They may require security to be provided on giving notice in certain cases.
There are special provisions whereby on there being arrears of gas bill owing, supply could be connected summarily thought the Magistrate’s Court, late the District Court. Distress could be issued for non-payment. Money could also be recovered as a debt. The powers of distress are likely to be unconstitutional and are not used in modern times.
There is a provision in the original legislation for gas users to apply to the Quarter Sessions to seek a reduction in the price of gas. An accountant or other company person might be appointed. The costs of the petition may lie with the gas company if there were sufficient grounds for it. There are provisions for facilitating the examination of books, etc.
Consumer Leaving Premises
Where a consumer of gas leaves the gas bill unpaid, the gas company is not entitled to require the next owner or occupier to pay unless he has undertaken with the former owner to exonerate him from payment of arrears.
Consumers are required to give notice before leaving the premises in writing. In default of notice, the consumer may be made liable to pay monies due up to the next usual period for ascertaining the register or the date when the subsequent owner shall require the undertakers to supply gas.
If a consumer ceases to require a supply and in other cases where the company is authorised to remove the supply, the company or its agents may enter the premises for the purpose of removing pipe fittings and apparatus. Notice must be given in writing.
Standards
The measures for the supply of gas are regulated by the Sale of Gas Act 1859 and 1860. The Board of Trade, laterally the Department of Enterprise, Trade and Employment, and laterally the National Standards Authority of Ireland, is the administrative body.
There are provisions for legal standards or units for measuring the sale of gas. There are prescribed standards and methods of verification. Inspectors may inspect gas meters to vouch for compliance. There is provision for stamping of meters. Inspectors may enter and inspect meters. They may test the relevant apparatus. They may test for leakage and error. There are margins for permissible errors. These are payable in respect of stamping and verification.
There are provisions for testing the quality and pressure of gas. Gas examiners may be appointed who have similar powers of access to places to test pressure and other standards.
Gas Equipment
There are special protections in addition to those applicable under general law in relation to the property, fixtures and fittings of gas companies.
- Any person who causes communication with the gas supply without consent
- a person who fraudulently damages a meter
- a person who uses any device other than those provided by the gas company or improperly or uses or burns gas supplied to other persons
is guilty of an offence.
It is an offence to remove, destroy or damage any gas fitting lamps, pipes, wires et cetera.
It is an offence wilfully or with culpable negligence to cause damage to pipes, fittings, meters etc. There is provision for summary penalty without prejudice to any other civil remedy such they exist.
Employee Action
The legislation provided that it is an offence for a person employed by an authority, company, or contractor, which has a duty to provide gas, to wilfully break that contract, knowing or having cause to believe that the probable consequence will be to deprive whole or part of an area of gas. Such persons are subject to punishment on summary conviction.
In common with other legislation giving work to public bodies, the matters permitted by the legislation and works necessarily done, et cetera, do not of themselves create civil liability. However, they are liable for negligent matters, for negligence and nuisance outside of the scope of that which is necessarily required by the Act.
Civil Liability
There are a series of provisions to prevent nuisance and damage to water and pollution to water by gas. There are penalties for fouling of any water, stream, aqueduct etc. There are continuing penalties for failures of compliance.
The person to whom the water is to be supplied is given the power to examine pipes, conduits, et cetera by giving notice to the undertaker of the proposals to do the testing, etc. The expense of examination is borne by the gas company if there is fouling or pollution.
The gas companies must, on receiving notice of the escape of gas, take immediate action to prevent escaping.