A Nottinghamshire plumber has received two suspended sentences after a court heard that he had endangered the lives of residents in Nottinghamshire and Derbyshire.

The Health and Safety Executive (HSE) and Nottinghamshire County Council Trading Standards took action against Lee Underwood – trading as LPH and Lee Plumbing and Heating – in a joint prosecution. In an HSE investigation, Mr Underwood was found to have carried out gas work ‘while not competent’ and had also installed a gas boiler that could not be used without ‘endangering people within the premises’ it was located in.

Mr Underwood was also found to have intentionally made a false entry in a Landlord’s Gas Safety Record for tenanted domestic premises, by inserting a false CORGI registration number.

Trading Standards officers also found that he had provided a further two Gas Safety Certificates giving false CORGI registration details and a false business address at properties in Tibshelf in Derbyshire and in Mansfield, after installing new boilers.

Trading Standards also found that Mr Underwood had regularly placed newspaper advertisements stating incorrectly that his business was Corgi registered. The offences were committed in May and November 2008, when CORGI was running the Gas Safe registration scheme, now operating as the ‘Gas Safe Register’.  

On 29 September at Mansfield Magistrates’ Court, Mr Underwood pleaded guilty to breaching Regulation 3(1) of the Gas Safety (Installation & Use) Regulations 1998 (GSIUR) and Section 33(1)(l) of the GSIUR – as well as breaching Regulation 26(1) of the Health and Safety at Work etc Act 1974.

On Tuesday (17/11/09) at Nottingham Crown Court, Underwood was sentenced to 52 weeks in prison, suspended for two years, for two offences under the Fraud Act 2006, after providing a fraudulent CORGI registration and a false business address on Gas Safety Certificates.

He was also sentenced to 20 weeks' imprisonment to run concurrently and suspended for two years, for each of three offences under the Consumer Protection from Unfair Trading Regulations 2008, in relation to falsely advertising in local newspaper the Mansfield Chad that he was CORGI registered.

Judge Michael Stokes, QC also ordered Underwood to complete 100 hours of community service. 

The court did not impose a separate penalty for the HSE offences, but Underwood was ordered to pay costs of £3,000 to the HSE and £1,566.64 to Nottinghamshire County Council.

After the hearing, HSE inspector Noelle walker said

‘We need home owners and landlords to ensure their gas appliances are maintained to a safe standard and checked annually, with copies of the Gas Safety Certificate being provided. We will not hesitate to take enforcement action against anyone who puts people at risk by failing to comply with the law.’

Cabinet Member for Community Safety at Nottinghamshire County Council, Councillor Mick Murphy, said:

‘If consumers have a new gas appliance installed by an unregistered installer, it is likely that the manufacturer’s warranty will be null and void and any subsequent repair or rectification work could be very costly.

‘I would urge local people to use our approved trader list to make sure they employ traders who are reliable and trustworthy. Traders on our ‘Buy With Confidence’ scheme have all been vetted and approved by our trading standards officers. Find plumbers, electricians, gardeners and other traders by visiting www.buywithconfidence.gov.uk or phoning Consumer Direct on 08454 04 05 06.’

The HSE recommends that consumers always ask to see a gas fitter’s Gas Safe Registered ID card before any work is undertaken in their home. More information is available at www.gassaferegister.co.uk.

The prosecution comes in Carbon Monoxide Awareness Week 2009, which has been running since Monday, 16 November to raise public awareness of carbon monoxide poisoning. The HSE says that every year around 20 to 30 people die from carbon monoxide poisoning associated with domestic gas appliances – mainly due to the appliances not having been properly installed or maintained.

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