Regulation 15 ExemptionsI1
England, Wales and Scotland
The circumstances described in this regulation are those set out in paragraphs (2) to (4) and (6) to (8): provided that the circumstances set out in paragraphs (6) to (8) will only apply where the electricity distributor makes reasonable efforts to notify the customer or the relevant authority (as appropriate) of the occurrence of such circumstances as soon as reasonably practicable after their occurrence.
The customer or relevant authority (as appropriate) informs the electricity distributor before the contravention time that he or it does not wish the electricity distributor to take any action, or any further action, in relation to the matter.
The customer or relevant authority (as appropriate) agrees with the electricity distributor that the action taken by the electricity distributor before the contravention time is to be treated as the taking by the electricity distributor of the action required by the regulation (and, where the action taken by the electricity distributor includes a promise to perform any action (whether before or after the contravention time), the electricity distributor duly keeps that promise).
Where information or a request is (or is required to be) provided by the customer or relevant authority (as appropriate), and the information is provided to an address or email account or by use of a telephone number other than any address, email account or telephone number that the electricity distributor has advised the customer or relevant authority is appropriate for the receipt of information of that type or, in the case of information given by telephone for the purpose of regulation 10(2), was given outside such reasonable hours as the electricity distributor has advised the relevant authority are the hours during which the telephone number will be available for the receipt of information of that type.
For the purposes of paragraph (4), the electricity distributor may advise the customer or relevant authority (as appropriate) by publishing the address, the email account, the telephone number or the hours in such a manner as may be appropriate for the purpose of bringing the advice to the attention of customers or relevant authorities likely to be affected by it.
It was not reasonably practicable for the electricity distributor to take the action required by the regulation before the contravention time as a result of—
industrial action by employees of the electricity distributor or its agent;
the act or default of a person other than an officer, employee or agent of the electricity distributor, or of a person acting on behalf of an agent of the electricity distributor;
the inability of the electricity distributor to obtain any necessary access to any premises (which may include its own premises);
the existence of circumstances by reason of which the electricity distributor could reasonably expect that, if it took the action, it would or would be likely to be in breach of an enactment (including any directions given by the Secretary of State under section 96 of the Actf1);
the effects of an event for which emergency regulations have been made under Part 2 of the Civil Contingencies Act 2004f2;
any other circumstances of an exceptional nature beyond the control of the electricity distributor.
The electricity distributor reasonably considers that the information given by the customer or the relevant authority (as appropriate) is frivolous or vexatious.
The electricity distributor reasonably considers that the customer or relevant authority (as appropriate) has committed an offence under paragraph 6 of Schedule 6 to the Actf3, or under paragraph 11 of Schedule 7 to the Act.
In this regulation, “contravention time” means the time at which, if this regulation did not apply, the electricity distributor would become liable to pay the prescribed sum to the customer or relevant authority as appropriate.
Annotations
Commencement
- I1
Reg. 15 in force at 1.4.2015, see reg. 1(1)
Footnotes
- f1
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1989 c.29; section 96 was amended by S.I. 2012/2400.
- f2
- f3
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Schedule 6 was substituted by section 51(2) of, and Schedule 4 to, the Utilities Act 2000 (c.27).