WHAT WE PUT FORWARD
PROFESSIONALLY DRAFTED SUGGESTIONS THAT CO+SAVI* UNANIMOUSLY AGREED ON AND PUT FORWARD TO THE ALL FUELS ACTION FORUM AND TO THE MPs ON THE COMMITTEE STAGE OF THE ENERGY BILL
(*Please note that CO+Savi is a group of victims and victim groups set up under the All Fuels Action Forum (mainly industry) and under the All Party Parliamentary Carbon Monoxide Group). We hoped that this would empower victims to put their views forward.
Carbon Monoxide Safety Board
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To move the following Clause:—
‘(1) There shall be a Carbon Monoxide Safety Board.
(2) The Carbon Monoxide Safety Board shall consist of a chairperson and six other members of whom—
(a) the chairperson shall be a person appointed by the Secretary of State who the Secretary of State is satisfied has no interest connected with carbon monoxide which might hinder them from discharging their function as a member of the Board in an impartial manner;
(b) three members shall be appointed by industry; and
(c) three members shall be appointed by appropriate consumer safety groups.
(3) All members of the Board shall hold office for twelve months following which period they shall be eligible for reappointment for a maximum of two further terms.
(4) The Board may pay the chairperson such remuneration and to any member of the Board, travelling, subsistence and other allowances at such rates as the Board may with the approval of the [Secretary of State] determine.
(5) The Board shall employ an administrator on such terms as to remuneration, pensions or otherwise as the Board may determine.
(6) The Board may appoint such other officers, servants and agents on such terms as to remuneration, pensions or otherwise as the Board may determine.
(7) The chairperson is to have a casting vote on all matters for decision by the Board.
(8) The Board may regulate their own procedure and make standing orders governing the conduct of their business.’.
Carbon Monoxide Safety levy
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To move the following Clause:—
‘(1) There shall be a Carbon Monoxide Safety levy.
(2) The Carbon Monoxide Safety levy is a levy—
(a) charged in respect of supplies of fuel that have been, or are expected to be, made in each specified period, and
(b) payable in respect of each such period by persons who make, or are expected to make, the supplies.
(3) In subsection (2) fuel includes gas, solid fuel, heating oil, paraffin and barbeque fuel.
(4) The Secretary of State may from time to time by order specify the rate of the levy to be charged.
(5) The order may, in particular, make provision about any of the following matters—
(a) what is a supply of fuel for the purposes of the levy;
(b) when a supply of fuel is, or is expected to be, made for those purposes;
(c) who makes, or is expected to make, a supply of fuel for those purposes;
(d) the rates or amounts of the levy, or how such rates or amounts are to be determined;
(e) payment of the levy, including deadlines for payment in respect of each period and interest in respect of late payment;
(f) administration of the levy;
(g) audit of information (whether by the administrator of the levy or a third party) including requirements for audits to be paid by the person whose information is subject to the audit;
(h) provision of information, including its provision to third parties in specified circumstances;
(i) enforcement of the levy;
(j) insolvency of persons liable to pay the levy;
(k) reviews and appeals; and
(l) the functions of the Carbon Monoxide Safety Board in connection with the levy.
(6) The administrator of the levy, in the case of persons who make, or are expected to make, supplies of fuel in Great Britain, is the Carbon Monoxide Safety Board.
(7) In a case where a person liable to pay the levy has made any overpayment or underpayment (whether arising because an estimate turns out to be wrong or otherwise), provision under subsection (5)(e) may require the amount of the overpayment or underpayment (including interest) to be set off against, or added to, any subsequent liability of the person to pay the levy.
(8) Provision under subsection (5)(i) may include provision for the imposition of penalties if a requirement in respect of the levy is breached (whether financial or not, but not including the creation of criminal offences).’.
Use of levy payments
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To move the following Clause:—
‘(1) Amounts payable in respect of the Carbon Monoxide Safety levy are to be paid to the Carbon Monoxide Safety Board.
(2) Subject to section 127(5) and (6) amounts paid to the Board may be used only—
(a) for the purpose of raising awareness among the general public of the dangers of carbon monoxide poisoning and the risk of injury or death from carbon monoxide poisoning and other combustion products;
(b) for research into the products of combustion and the consequences on the health of those exposed to products of combustion with the aim of developing measures to reduce deaths and injuries; and
(c) for measures, which in the opinion of the Board are likely to reduce deaths and injuries from carbon monoxide poisoning and other combustion products or assist victims, their families, friends and colleagues.
(3) The order may contain further provision about—
(a) the time by which the Board must [spend] the funds paid under the Carbon Monoxide Safety levy for the purposes set out in subsection (2); and
(b) the manner in which any such payments are to be made.
(4) Subsections (2) and (3) are subject to subsections (5) to (7).
(5) The order may provide for amounts received by the Board under subsection (1) to be used by the administrator to make payments into the Consolidated Fund in respect of costs (or a proportion of costs) which have been or are expected to be incurred by the Secretary of State, in connection with the performance of functions conferred by or under sections 128 and 129.
(6) The order may prevent the Board using amounts to make payments in respect of costs of a specified description.
(7) In this section “the order”, means any order made under section 128(3).’.
Gas Emergency Service
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To move the following Clause:—
‘(1) The Secretary of State, after consultation with the Health and Safety Executive, shall make regulations to provide that where following an escape of gas or fuel from any pipe of a gas or fuel supplier or from any pipe, gas or fuel fitting, gas or fuel storage vessel or appliance, the employee of the supplier of the gas dealing with the escape (the First Call Operative) shall—
(a) be equipped with a personal alarm monitor for the detection of carbon monoxide gas;
(b) carry out tests to detect the escape or emission of carbon monoxide gas from any pipe, fitting, vessel or appliance or other likely source;
(c) provide firstly to the occupier or the person potentially exposed to carbon monoxide and secondly to the person responsible a record of the tests including the parts per million of carbon monoxide found if any, in writing, including the date of the test, the name of the First Call Operative and their Gas Safe Register number or relevant OFTEC / HETAS equivalent and the postal address of the property;
(d) subject to subsection (2) below, take all reasonable steps for the prevention of further emissions. This includes emergency provision of a carbon monoxide alarm certified to EN 50291 or its equivalent successor certification; and
(e) report fully to the person occupying the property, the landlord or the person responsible for the premises as the case requires including making recommendations including the use of CO alarms certified to EN 50291 standard or its equivalent successor certification.
(2) The regulations shall provide that once an escape of gas or fuel or carbon monoxide has been stopped by shutting off the supply to the premises or otherwise, no pipe, fitting, vessel or appliance shall be changed or removed without the prior written permission of the person who has, or may have been, exposed to carbon monoxide to enable that person to consider the appropriate steps (including steps relating to legal action) to take.’
Installation and replacement of meters to provide for CO safety
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To move the following Clause:—
‘(1) The Secretary of State, after consultation with the Health and Safety Executive, shall make regulations to provide as follows—
(a) no person shall replace or install a meter or a smart meter in any premises unless he is equipped with a personal alarm monitor for detecting carbon monoxide gas;
(b) where a person replaces or installs a meter or a smart meter he shall ensure that—
all gas appliances in the premises are adequately tested for emissions of carbon monoxide gas using equipment suitable for detecting and recording parts per million of carbon monoxide; Where appliances cannot be tested using a flue gas analyser, the occupier and any person who could have been exposed, should be made aware of the dangers of using that appliance and a spillage test must be carried out and a test of the ambient air after use for 30 minutes which should not exceed the WHO guidelines for 24 hour exposure.
(ii) a record of these tests is provided firstly to the occupier and any person who could have been exposed and secondly to the person responsible in writing including the parts per million of carbon monoxide found if any, the date of the test, the name of the First Call Operative and their Gas Safe Register number or relevant OFTEC / HETAS equivalent and the postal address of the property;
(iii) before any changes are made to an appliance etc or any appliance is removed, an opportunity must be afforded to those potentially exposed to carbon monoxide gas to consider their rights of redress including legal redress;
(iv) immediately following installation the appliances are adequately tested to verify that there are no dangerous emissions of carbon monoxide gas;
(v) the manufacturer’s instructions are provided to the occupier and any person responsible; and
(vi) the occupier and any person responsible are advised to fit an audible alarm system certified to EN 50291 standard or its equivalent successor certification and of the importance of proper and regular maintenance;
(c) regulation 26(10) of the Gas Safety (Installation and Use) Regulations 1998 (which removes safeguards in circumstances of disconnection or purging of gas or air from an appliance) is hereby repealed;
(d) all registered gas installers are required to take out and maintain public liability insurance with an authorised insurer.’.
(e) Installers of oil and solid fuel appliances are required to take out and maintain public liability insurance with an authorised insurer.
The Gas Safety (Installation and Use) Regulations 1998
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To move the following Clause:—
‘(1) The Gas Safety (Installation and Use) Regulations 1998 are amended as follows—
(a) after paragraph (9) of Regulation 36 insert—
“(9A) Subject to paragraph 9B and 9A(i), a safety check carried out pursuant to paragraph (3) above shall be followed by a service according to the manufacturer’s instructions or in accordance with procedures set out in BS 7967, Part 4 (or its equivalent) and shall include the use of a flue gas analyser meeting EN 50379 standard (or its equivalent) to measure carbon monoxide gas in parts per million and the CO/CO2ratio.
(9 A (i))
Where appliances cannot be tested using a flue gas analyser the responsible person (landlord) and the tenant should be made aware of the dangers of using that appliance and a spillage test must be carried out and a test of the ambient air after use for 30 minutes which should not exceed the WHO guidelines for 24 hour exposure.’
(9B) A copy of any test which finds carbon monoxide gas or the ratio which is not in accordance with manufacturer’s instructions (or a failed spillage test or CO exceeding the WHO guidelines for 24 hour exposure) shall be given in writing including the parts per million of carbon monoxide found, the date of the test, the name of the registered gas installer, their Gas Safe Register number and the postal address of the property;
(9C) Where carbon monoxide gas is found above that recommended or approved by the HSE or where the carbon monoxide to carbon dioxide ratio is above that recommended in the manufacturer’s instructions, or a failed spillage test or CO exceeding the WHO guidelines for 24 hour exposure, the tenant shall be given a reasonable time to consider any steps he might take with regard to such exposure before there is any change made to the possible evidence that might be relevant other than the turning off or disconnecting an appliance.
(9D) A copy of the record of the service made pursuant to paragraph (9A) shall be given to the tenant of premises to which the record relates and to any new tenant of premises to which the record relates before that tenant occupies those premises.”
(b) after paragraph (12) of Regulation 36 insert—
“(12A) For the avoidance of doubt the duties on landlords in respect of maintenance set out in this Regulation 36 extend to premises occupied for holiday accommodation including hotels.”.’.
© CO-Gas Safety 2013 These amendments were drafted by David Mundy of Bircham Dyson Bell after instruction from Stephanie Trotter OBE CO-Gas Safety and consultation with members of CO+SAVi, especially contributions from Gareth Hughes.
Funded half by CO-Gas Safety and half by the Katie Haines Memorial Trust.