Regulation 17 AppointmentsI1

England, Wales and Scotland

(1)

This regulation applies where—

(a)

the customer informs the relevant operator that the customer wishes the relevant operator to visit the customer’s premises; or

(b)

the relevant operator informs the customer that the relevant operator wishes to visit the customer’s premises,

being in either case a visit in connection with the activities that the relevant operator is required or authorised to carry on under its licence and that requires access to be afforded to its representative or for which it would otherwise be reasonable to expect the customer to be present.

(2)

But this regulation does not apply to a visit arising out of the application of the Electricity (Connection Standards of Performance) Regulations 2015^f1.

(3)

Where this regulation applies and the relevant operator fails within a reasonable period from the applicable date to offer a timed appointment, the relevant operator must, except in any of the circumstances described in paragraph (6)—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

pay to the customer the prescribed sum which applies if the relevant operator is a distributor.

(4)

Where this regulation applies and the relevant operator fails to keep a timed appointment, the relevant operator must, except in any of the circumstances described in paragraph (6)—

F2(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

pay to the customer the prescribed sum which applies if the relevant operator is a distributor.

(5)

Where a timed appointment is made for more than one purpose, the relevant operator is not required to pay more than one prescribed sum under paragraph (4)(a) or (b) in respect of that timed appointment.

(6)

The circumstances described in this paragraph are—

(a)

each of the circumstances described in regulation 20, provided that, in paragraph (6) of that regulation, the relevant operator gave the customer not less than one working day’s prior warning (whether or not in writing) that it would be unable to keep the timed appointment or the circumstances referred to in that paragraph occurred at a time when it was not reasonably practicable to give such a warning;

(b)

that the visit is for the purpose of responding to information received under regulations F311 or 13; and

(c)

that the visit is wholly or mainly in connection with disconnecting the premises in exercise of the power contained in paragraph 2(1) of Schedule 6 to the Act^f2.

(7)

In this regulation, “timed appointment” means an appointment to make a visit to a customer’s premises commencing—

(a)

unless sub-paragraph (b) applies, during a part (which has been specified by the relevant operator) of a day (that has also been so specified) within a reasonable period from the applicable date, having regard to the purpose of the visit, being either—

(i)

a part that falls either wholly before one o-clock in the afternoon; or

(ii)

wholly after noon, or a part not exceeding two hours; or

(b)

during such part of a day as is requested by the customer and agreed with the relevant operator, such agreement not to be unreasonably withheld, provided that the relevant operator is not obliged to agree a part of a day that is less than two hours.

Annotations

Textual amendments

F1: Reg. 17(3)(a) omitted (1.1.2016) by virtue of The Electricity and Gas (Standards of Performance) (Suppliers) Regulations 2015 (S.I. 2015/1544), regs. 1(1), 14(b) (with reg. 1(2)-(5))
F2: Reg. 17(4)(a) omitted (1.1.2016) by virtue of The Electricity and Gas (Standards of Performance) (Suppliers) Regulations 2015 (S.I. 2015/1544), regs. 1(1), 14(b) (with reg. 1(2)-(5))
F3: Words in reg. 17(6)(b) substituted (1.1.2016) by The Electricity and Gas (Standards of Performance) (Suppliers) Regulations 2015 (S.I. 2015/1544), regs. 1(1), 14(c) (with reg. 1(2)-(5))

Commencement

I1: Reg. 17 in force at 1.4.2015, see reg. 1(1)

Footnotes

f1: S.I. 2015/698
f2: Schedule 6 was substituted by section 51(2) of, and Schedule 4 to, the Utilities Act 2000 (c.27); paragraph 2 was amended by section 24 of the Energy Act 2011 (c.16).