This note is not part of the regulations, but is intended to indicate their general effect.
The amendments apply—
in respect of industry participants that are also consumers; and
in the event of a breach of regulation 55(1) or 57 of the Gas Governance (Critical Contingency Management) Regulations 2008 (the CCM regulations), which require consumers to follow directions during a critical contingency.
The amendments enable a participant to claim that a breach was necessary to prevent or lessen a serious and imminent threat to the health and safety of any person. If the Rulings Panel is required to determine the alleged breach, the Rulings Panel may decide to take no action if it is satisfied that—
the breach was necessary to prevent or lessen a serious and imminent threat to the health and safety of any person; and
the threat could not reasonably have been foreseen and mitigated by the participant so that the conduct that constituted the alleged breach could have been avoided.
The changes are intended to align the application of the principal regulations to consumers that are industry participants with the application of the CCM regulations to consumers other than industry participants (see regulation 82B(2) of those regulations), by ensuring that both industry participant consumers and non-industry participant consumers are able to claim that a failure to comply with the CCM regulations was necessary to prevent or lessen a serious and imminent threat to the health and safety of any person.
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 8 August 2013 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 16 April 2015.
These regulations are administered by the Ministry of Business, Innovation, and Employment.