The Electricity (Standards of Performance) (Amendment) Regulations 1998

• Citation: S.I. 1998/1547
• Sections: 10

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Electricity (Standards of Performance) (Amendment) Regulations 1998, and shall come into force on 1st July 1998.

(2) In these Regulations, the “ Principal Regulations ” means the Electricity (Standards of Performance) Regulations 1993 as amended by the Electricity (Standards of Performance) (Amendment) Regulations 1995 .

Section 2 Amendment of the Principal Regulations

Regulation 2 of the Principal Regulations shall be amended:

(a) by relocating the definition of “customer” in paragraph (1) to follow immediately after the definition of “commencement date”;

(b) by deleting paragraph (2) and replacing it with the following new paragraph:

(2) In these Regulations “the Schedule” means the Schedule to these Regulations.

(c) by deleting sub-paragraph (a) of paragraph (4) and replacing it with the following new sub-paragraph:

(a) where more than one person is a customer in respect of particular premises, a notice given by a supplier to one person who is a customer in respect of those premises shall be a sufficient notice to any other person who is a customer in respect of those premises at the time the notice is given;

Section 3 Amendment of the Principal Regulations

Regulation 5 of the Principal Regulations shall be amended by deleting the words “by any other customer” in sub-paragraph (2)(c) and substituting “by any other non-domestic customer”.

Section 4 Amendment of the Principal Regulations

The following new Regulation 9A shall be inserted after Regulation 9 of the Principal Regulations:

Prepayment Meters

(9A)

(1) This regulation applies where a supplier is informed (other than by post) during working hours by a customer who takes his supply through a prepayment meter either that the prepayment meter is not operating so as to permit a supply to the customer’s premises in the manner in which it is designed to do, or of circumstances suggesting that the prepayment meter is not so operating.

(2) For the purposes of paragraph (1), where information is received by a supplier outside working hours it shall be deemed to have been received at the commencement of the next following period of working hours.

(3) Where, within the prescribed period from the commencement date, an appropriate person fails to attend at the premises where the prepayment meter is installed in order to repair or replace the prepayment meter so as to permit a supply in the manner in which it is designed to do, the supplier shall, except in any of the circumstances described in paragraph (4), pay to the customer the prescribed sum.

(4) The circumstances described in this paragraph are:

(a) each of the circumstances described in regulation 15;

(b) that the customer did not request the supplier to attend the premises;

(c) that the customer did not request the supplier to restore the supply; and

(d) that the prepayment meter was found to be operating in the manner in which it was designed to do.

(5) In this regulation:

“appropriate person” means a person employed or authorised by a supplier to repair and replace prepayment meters; and

“working hours” means the period between the hours specified in Part II of the Schedule.

Section 5 Amendment of the Principal Regulations

Regulation 10 of the Principal Regulations shall be amended:

(a) by deleting the word “methods” in sub-paragraph (1)(a) and substituting “method”;

(b) by deleting the word “or” at the end of sub-paragraph (2)(a);

(c) by deleting “information.” at the end of sub-paragraph (2)(b) and substituting “information; or”; and

(d) by inserting after sub-paragraph (2)(b) the following new sub-paragraph (2)(c):

(c) in the case of a query under sub-paragraph (1)(b)(i) to which the supplier’s reply states that the customer is entitled to a payment from the supplier, to make payment by cash, cheque, bank transfer or postal order to the customer of the amount due within the prescribed period from the date of despatch of the supplier’s reply.

Section 6 Amendment of the Principal Regulations

Regulation 11 of the Principal Regulations shall be amended:

(a) by deleting the words “he gave the customer” in sub-paragraph (5)(a) and substituting “the supplier gave the customer”;

(b) by deleting “under regulations 3, 8 or 9” in sub-paragraph (5)(b) and substituting “under regulation 3, 8, 9 or 9A”; and

(c) by deleting the word “uneasonably” in sub-paragraph (6)(b) and substituting “unreasonably”.

Section 7 Amendment of the Principal Regulations

Regulation 13 of the Principal Regulations shall be amended:

(a) by deleting paragraph (2) and substituting the following new paragraph:

(2) Where a dispute is determined by an order requiring the supplier to make a payment to the customer and the supplier fails to make that payment, the customer may set off the amount so ordered to be paid against any charges that are owed by the customer to the supplier in relation to the supply to the customer.

(b) by re-designating sub-paragraphs (i) and (ii) of paragraph (3) as sub-paragraphs (a) and (b) respectively of paragraph (3).

Section 8 Amendment of the Principal Regulations

Regulation 14 of the Principal Regulations shall be amended by deleting paragraph (2) and substituting the following new paragraph:

(2) Where this regulation applies and the supplier fails within the prescribed period from the commencement date both to dispatch a notice to the customer advising that the payment is due to the customer and to make payment to the customer of the sum to which he is entitled, the supplier shall, except in any of the circumstances described in paragraph (3), pay to the customer the prescribed sum.

Section 9 Amendment of the Principal Regulations

Regulation 16 of the Principal Regulations and the heading thereof shall be deleted and replaced by the following new regulation and heading:

Timing of Notification

(16) For the purpose of regulations 5, 6, 8, 9 and 10, where the requirements of paragraph (1) of any of those regulations are satisfied after 4 p.m. on a working day or at any time on any other day, they shall be deemed to have been satisfied on the next following working day.

Section 10 Amendment of the Principal Regulations

Schedules 1 to 14 to the Principal Regulations shall be revoked and substituted by the Schedule to these Regulations.