Illegal gas work: what are the penalties and consequences?

Any work that falls within scope of the Gas Safety (Installation & Use) Regulations 1998 must be undertaken by an appropriately registered business. If work is carried out otherwise, it is considered to be unregistered.

When unregistered gas work is reported, the Register carries out an investigation which, where possible, will include a site inspection of the work. Following this inspection, Gas Safe Register will complete a detailed technical report of the findings. The report will be shared with enforcement agencies as appropriate, which may include HSE, Environmental Health or Trading Standards.

In some cases, Gas Safe Register may receive reports of a registered business carrying out or supporting unregistered gas work. This may include:

• Using unregistered operatives
• Working out of scope of their gas qualifications
• Signing off unregistered gas work
• Work while suspended from the Register
• Carrying out gas work when qualifications have expired.

Sanctions

The Sanctions Policy outlines the sanctions that Gas Safe Register can apply to the registration of any registered business and/or engineer, where there is justification. The Sanctions Policy is designed to be corrective not punitive so that the Register robustly and proportionately manages the registrations of businesses and engineers as required.

The range of sanctions that Gas Safe Register may apply includes:

• Removal from the Register
• Suspension from either the Register or work categories
• Fixed-term suspension of businesses or engineers from the Register
• Mandatory attendance at a theory-based inspection event
• Tightened inspection mode
• Special conditions
• Application of a penalty fee.

HSE will also review reports of allegations of unregistered work and may take action, including issuing a Notice of Contravention, an Improvement Notice and a Prohibition Notice. It can also prosecute, which may result in a fine and/ or imprisonment of up to six months in a magistrate’s court and/or up to two years in a Crown Court or Sheriff Court.

The HSE holds a public record of enforcement notices and convictions. It supports Gas Safe Register in implementing exclusion from the Register following sentencing for gas-related (criminal and health and safety) offences.

Following conviction, the business or individual will not be eligible to apply for registration until both the duration of the sentence and the rehabilitation period have been spent, as set out in the Rehabilitation of Offenders Act 1974. This Act and the Exceptions Order 1975 set out sentence/disposal and rehabilitation periods.

Where a business or engineer applies for a new Gas Safe Registration, they must inform the Register of any pending or actual enforcement action. Failure to do so may result in their application being delayed or refused.

Reporting illegal gas work

If you find work that you think may have been carried out illegally, you can report it by filling in the “Report Illegal Gas Workers” form at: www.gassaferegister.co.uk/gas-safety/ concerns-reporting-illegal-gas-work/

You can also call Gas Safe Register on 0800 408 5577 or report concerns by email at: nonreg@gassaferegister.co.uk