{"id":13442,"date":"2022-09-03T20:00:42","date_gmt":"2022-09-03T20:00:42","guid":{"rendered":"http:\/\/legalblog.ie\/?p=13442"},"modified":"2024-02-09T23:22:37","modified_gmt":"2024-02-09T23:22:37","slug":"older-powers","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/older-powers\/","title":{"rendered":"Older Powers"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/older-powers\/#Gas_Undertakings\" title=\"Gas Undertakings\">Gas Undertakings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/older-powers\/#Incorporation_of_Clauses_Act\" title=\"Incorporation of Clauses Act\">Incorporation of Clauses Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/older-powers\/#Opening_Streets\" title=\"Opening Streets\">Opening Streets<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/older-powers\/#Opening_Process\" title=\"Opening Process\">Opening Process<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/older-powers\/#Supply_of_Gas\" title=\"Supply of Gas\">Supply of Gas<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/older-powers\/#Charges\" title=\"Charges\">Charges<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/older-powers\/#Consumer_Leaving_Premises\" title=\"Consumer Leaving Premises\">Consumer Leaving Premises<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/older-powers\/#Standards\" title=\"Standards\">Standards<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/older-powers\/#Gas_Equipment\" title=\"Gas Equipment\">Gas Equipment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/older-powers\/#Employee_Action\" title=\"Employee Action\">Employee Action<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/older-powers\/#Civil_Liability\" title=\"Civil Liability\">Civil Liability<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Gas_Undertakings\"><\/span>Gas Undertakings<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0 They are also authorized to manufacture and supply gas for lighting, heat and other purposes.<\/p>\n<p>They were authorised for the sale, disposal and dealing with gas, coke tar and other residual products.\u00a0 They were authorized to sell, let or manufacture engines, stoves, pipes and other fittings for lighting, cooking, heating, etc., in the late 19<sup>th<\/sup> century.<\/p>\n<p>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.<\/p>\n<p>Urban authorities could apply themselves to supply gas by private act or might obtain a provisional order.\u00a0 The application was made to the Local Government Board or Board of Trade.<\/p>\n<p>The legislation makes provisions in relation to the accounts of gas companies.\u00a0 There are limitations in respect of powers to appoint receivers and insolvency officers and make dividends.<\/p>\n<p>Urban authorities had the power to provide lighting for their district via gas methods under the Public Health Ireland Act 1878.\u00a0 They could, for public or private purposes, with the sanction of the Local Government Board, buy gas undertakings.\u00a0 There are provisions for recovery by the gas companies of penalties under the same procedures as under railway legislation.\u00a0 There are summary legal procedures by way of application to the Magistrates (now the District) Court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Incorporation_of_Clauses_Act\"><\/span>Incorporation of Clauses Act<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Parliament, in granting statutory powers, usually incorporated the Gas Works Clauses Act of 1847, which was later amended in 1871.\u00a0 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.<\/p>\n<p>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.<\/p>\n<p>The special act or provisional order authorised the construction of works within certain places and bounds.\u00a0 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.\u00a0 The Land Clauses Act was generally incorporated for such CPO purposes.\u00a0 Particular easements were authorized to be obtained by undertakers.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Opening_Streets\"><\/span>Opening Streets<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The power to break up streets and lay pipes was either expressly granted or incorporated by reference to the Gas Works Clauses Act.\u00a0 It included powers to lay pipes in private roads for the supply of houses rebutting them.<\/p>\n<p>Undertakers were obliged to settle damages and make compensation for damage caused.\u00a0 They were not authorized to lay pipes through private lands without the consent of the owner or occupier.\u00a0 They may, however, enter lands to replace existing pipes or pipes already laid down.<\/p>\n<p>Before proceeding to break up the streets, bridges, drains or tunnels, they must give notice to the authority or persons managing the same.\u00a0 No breaking or opening could take place other than under the control and management of an officer of the authority.\u00a0 T<\/p>\n<p>There was a provision for reference of disputes to the court of summary jurisdiction. There were obligations to reinstate streets upon completion of works.\u00a0 While works were ongoing, they were obliged to be fenced and secured and guarded and lit at night.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Opening_Process\"><\/span>Opening Process<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Acts allow the opening and breaking of streets, \u201calleys, highways, etc.\u201d subject to certain conditions.\u00a0 It is subject to overseen by the relevant authority.\u00a0 Power is granted to lay and connect service pipes and related infrastructure.\u00a0 It must do as little damage as possible and give compensation for damage done.<\/p>\n<p>There is no power to lay pipes on private lands without the consent of the owner.\u00a0 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.<\/p>\n<p>Notices must be given prior to breaking streets, et cetera, to the local authority or other manager of the street.\u00a0 It may approve the opening up and plans in respect of the same.\u00a0 The local authority may superintend the work.<\/p>\n<p>There is an obligation to reinstate the works.\u00a0 They must be fenced, guarded, et cetera, with sufficient lighting and warning while the works are ongoing.\u00a0 There are penalties for undertaking the work without the requisite notice.\u00a0 In addition to the penalty, they may be liable for nuisance and for failure to reinstate and incur civil liability to persons incurring damages.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Supply_of_Gas\"><\/span>Supply of Gas<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The legislation grants powers to supply gas within the limits of the Act.\u00a0 There is also a duty imposed.\u00a0 The duty was relieved where a supply of electricity is authorised by another licence or authority.<\/p>\n<p>Gas work undertakers have the power to enter contracts for the purpose of lighting or heat.\u00a0 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.<\/p>\n<p>The standard of gas must comply with the standards specified.\u00a0 Consumers were to be supplied with meters.\u00a0 The meter must be duly stamped under the Sale of Gas Act 1859 and 1860.\u00a0 Gas meters were not subject to enforcement or distress, whether for rent or otherwise.\u00a0 The gas undertakers must keep the meters in repair.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Charges\"><\/span>Charges<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The consumers were charged rent for the meter.\u00a0 The customer had duties to keep the meter in order so that it correctly registers gas use.\u00a0 The undertaker may cease supplying if the meter is tampered with.<\/p>\n<p>Undertakers are entitled to have access to remove, test and replace any meter at all reasonable times.\u00a0 If the defect in the meter is due to the customer\u2019s fault, it is done at his cost. There was a provision for pre-payment meters.<\/p>\n<p>The cost of gas supply was regulated under the older legislation.\u00a0 This is replaced by modern legislation under the CER.<\/p>\n<p>Gas companies may require security for payment of gas as a condition of supply.\u00a0 They may require security to be provided on giving notice in certain cases.<\/p>\n<p>There are special provisions whereby on there being arrears of gas bill owing, supply could be connected summarily thought the Magistrate\u2019s Court, late the District Court.\u00a0 Distress could be issued for non-payment.\u00a0 Money could also be recovered as a debt.\u00a0 The powers of distress are likely to be unconstitutional and are not used in modern times.<\/p>\n<p>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.\u00a0 An accountant or other company person might be appointed.\u00a0 The costs of the petition may lie with the gas company if there were sufficient grounds for it.\u00a0 There are provisions for facilitating the examination of books, etc.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Consumer_Leaving_Premises\"><\/span>Consumer Leaving Premises<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>Consumers are required to give notice before leaving the premises in writing.\u00a0 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.<\/p>\n<p>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.\u00a0 Notice must be given in writing.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Standards\"><\/span>Standards<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The measures for the supply of gas are regulated by the Sale of Gas Act 1859 and 1860.\u00a0 The Board of Trade, laterally the Department of Enterprise, Trade and Employment, and laterally the National Standards Authority of Ireland, is the administrative body.<\/p>\n<p>There are provisions for legal standards or units for measuring the sale of gas.\u00a0 There are prescribed standards and methods of verification.\u00a0 Inspectors may inspect gas meters to vouch for compliance.\u00a0 There is provision for stamping of meters.\u00a0 Inspectors may enter and inspect meters.\u00a0 They may test the relevant apparatus.\u00a0 They may test for leakage and error.\u00a0 There are margins for permissible errors.\u00a0 These are payable in respect of stamping and verification.<\/p>\n<p>There are provisions for testing the quality and pressure of gas.\u00a0 Gas examiners may be appointed who have similar powers of access to places to test pressure and other standards.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Gas_Equipment\"><\/span>Gas Equipment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are special protections in addition to those applicable under general law in relation to the property, fixtures and fittings of gas companies.<\/p>\n<ul>\n<li>Any person who causes communication with the gas supply without consent<\/li>\n<li>a person who fraudulently damages a meter<\/li>\n<li>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<\/li>\n<\/ul>\n<p>is guilty of an offence.<\/p>\n<p>It is an offence to remove, destroy or damage any gas fitting lamps, pipes, wires et cetera.<\/p>\n<p>It is an offence wilfully or with culpable negligence to cause damage to pipes, fittings, meters etc.\u00a0 There is provision for summary penalty without prejudice to any other civil remedy such they exist.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Employee_Action\"><\/span>Employee Action<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0 Such persons are subject to punishment on summary conviction.<\/p>\n<p>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.\u00a0 However, they are liable for negligent matters, for negligence and nuisance outside of the scope of that which is necessarily required by the Act.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Civil_Liability\"><\/span>Civil Liability<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are a series of provisions to prevent nuisance and damage to water and pollution to water by gas.\u00a0 There are penalties for fouling of any water, stream, aqueduct etc.\u00a0 There are continuing penalties for failures of compliance.<\/p>\n<p>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.\u00a0 The expense of examination is borne by the gas company if there is fouling or pollution.<\/p>\n<p>The gas companies must, on receiving notice of the escape of gas, take immediate action to prevent escaping.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-13442\" data-postid=\"13442\" class=\"themify_builder_content themify_builder_content-13442 themify_builder tf_clear\">\n    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They were authorised for the sale, disposal and dealing with gas, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[196],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13442"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=13442"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13442\/revisions"}],"predecessor-version":[{"id":31603,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13442\/revisions\/31603"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=13442"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=13442"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=13442"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}