Regulation 20 Exemptions
The circumstances described in this regulation are those set out in paragraphs (2) to (4) and (6) to (8).
The customer informs the relevant operator before the contravention time that the customer does not wish the relevant operator to take any action, or any further action, in relation to the matter.
The customer agrees with the relevant operator that the action taken by the relevant operator before the contravention time shall be treated as the taking by the relevant operator of the action required by the regulation and, where the action taken by the relevant operator includes a promise to perform any action (whether before or after the contravention time), the relevant operator duly performs that promise.
Where information is or is required to be provided by the customer to the relevant operator, the information is provided to an address or by use of a telephone number other than the address or telephone number which the relevant operator has advised the customer is appropriate for receipt of information of that type or, in the case of information given by telephone for the purpose of regulations 13(1), 14(1) or 15(1), was given outside such reasonable hours as the relevant operator has advised the customer 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 relevant operator may advise the customer by publishing the address, 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 likely to be affected by it.
It was not reasonably practicable for the relevant operator to take the action required by the regulation before the contravention time as a result of—
severe weather conditions;
industrial action by the employees of the relevant operator;
the act or default of a person other than an officer, employee or agent of the relevant operator (or in respect of regulation 7 another electricity distributor), or of a person acting on behalf of an agent thereof;
the inability of the relevant operator to obtain any necessary access to any premises (which may include its own premises);
the existence of circumstances by reason of which the relevant operator 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; or
other circumstances of an exceptional nature beyond the control of the relevant operator,
and the relevant operator had in each case taken all such steps as it was reasonable to take both to prevent the circumstances from occurring and to prevent them from having that effect.
The relevant operator reasonably considers that the information given by the customer is frivolous or vexatious.
The customer has—
failed to pay any charges due to the relevant operator after receiving a notice under sub-paragraph 2(2) of Schedule 6 to the Act,
and the action taken or not taken by the relevant operator was in exercise of its powers under that paragraph or sub-paragraph.
In this regulation, “contravention time” means—
in relation to regulation 7, the expiry of the relevant period referred to in sub-paragraph 2(a) and (where applicable) of each period referred to in sub-paragraph 2(b) of that regulation;
in relation to regulation 12, the time at which the supply was interrupted; and
in relation to any other regulation, the time at which, if this regulation did not apply, the relevant operator would become liable to pay the prescribed sum to the customer.
Annotations
Footnotes
- f1
- f2
- f3
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1989 c. 29: section 51(2) of the Utilities Act 2000 substituted a new Schedule 6 into the Act.
- f4
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1989 c. 29: Schedule 7 was amended by section 52 of the Utilities Act 2000.