Dáil debates

Wednesday, 15 November 2006

Energy (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed)

 

6:00 pm

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)

I move amendment No. 90:

In page 34, between lines 26 and 27, to insert the following:

"(6)(a) Notwithstanding anything specified in regulations made under subsection (2), nothing in this section shall be construed as placing an onus of responsibility on a gas installer to ensure that a natural gas fitting which he or she has correctly installed in a dwelling, place of business or any common area is safely maintained after the point of delivery of natural gas, unless a contractual obligation exists obliging the installer concerned to do so.

(b) Unless specified in any other enactment, the person responsible for ensuring that a natural gas fitting is safely maintained after the point of delivery of natural gas shall be—

(i) in the case of a dwelling:

(I) where that dwelling is the subject of a tenancy, but is not the subject of a lease between a landlord and tenant, the person entitled to receive the rent;

(II) where that dwelling is the subject of a lease between a landlord and tenant, the landlord (subject to the responsibilities of landlords and tenants as set out in sections 12 and 16 of the Residential Tenancies Act 2004); or

(III) where that dwelling is not the subject of a lease or tenancy between a landlord and tenant, the person who would be entitled to receive the rent if the dwelling were the subject of a tenancy or lease,

(ii) in the case of a premises used as a place of business:

(I) where that premises is the subject of a lease between a landlord and tenant, and a covenant (whether express or implied and whether general or specific) exists that the tenant, as lessee, shall keep the premises in repair, the tenant in occupation; or

(II) where that premises is not a premises to which clause (I) applies, such person as the Commission may specify from time to time in the framework published under section 9(1F), following consultation with the Minister, the Minister for the Environment, Heritage and Local Government and such other Minister of the Government (if any) as, in the opinion of the Minister, appears appropriate, and

(iii) in the case of a common area of land which includes any dwellings the subject of subparagraph (i), or any places of business the subject of subparagraph (ii), or both, and which area is being managed by a management company, that management company.

(c) For the purposes of this subsection—

(i) the term 'business' is to be interpreted in accordance with the meaning given it by section 3 of the Landlord and Tenant (Amendment) Act 1980,

(ii) the term 'dwelling' is to be interpreted in accordance with the meaning given it by section 4 of the Residential Tenancies Act 2004,

(iii) the terms 'lease', 'landlord', 'tenant', and 'tenancy' as they are used in paragraph (b)(i), are to be interpreted in accordance with the meaning given to them by section 5 of the Residential Tenancies Act 2004, and

(iv) the terms 'lease', 'lessee', 'landlord' and 'tenant' as they are used in paragraph (b)(ii) are to be interpreted in accordance with the meaning given to them by section 3 of the Landlord and Tenant (Amendment) Act 1980.".

This arose from a discussion on Committee Stage. There was general agreement that we needed to clarify this provision. The purpose of the amendment is twofold: to ensure that a natural gas installer who correctly installs a natural gas fitting is not responsible for ensuring it is kept in good repair or replaced and to specify the persons responsible for ensuring such a fitting is repaired or replaced and for contracting the services of a gas installer to carry out this work.

Members agreed following discussion of a number of amendments on Committee Stage that clarification was necessary and this amendment attempts to achieve that aim.

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