Commentary on Sections Costs of policing at gas facilities Section 85 – Policing at gas facilities: England and Wales
231.Section 85 allows the Secretary of State to require gas transporters to pay certain costs of policing gas facilities in England and Wales. Subsection (1) sets out the circumstances in which these new powers may be exercised by the Secretary of State: the Secretary of State must consider that the provision of “extra police services” is necessary because there is a risk of loss or of disruption to the supply of gas which would have a serious impact on the United Kingdom (or a part of it).
232.Subsection (2) defines “extra police services” to mean either the use of police services from the Ministry of Defence Police under section 2(2)(e) of the Ministry of Defence Police Act 1987 (agreement by Secretary of State to provide MOD police services) or from English and Welsh police forces under section 25(1) of the Police Act 1996 (provision of special services on request).
233.Subsection (3) provides that the Secretary of State may require a designated gas transporter to pay all or part of the costs of the extra policing incurred by the Secretary of State.
234.Subsection (4) defines “gas facility” and subsection (5) explains what is meant in subsection (3) by a gas transporter having an interest in a gas facility.