Regulation 20 ExemptionsI1

England, Wales and Scotland

(1)

The circumstances described in this regulation are those set out in paragraphs (2) to (4) and (6) to (8).

(2)

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.

(3)

The customer agrees with the relevant operator that the action taken by the relevant operator before the contravention time may 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.

(4)

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 that 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 F1regulation 13(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.

(5)

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.

(6)

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—

(a)

severe weather conditions;

(b)

industrial action by the employees of the relevant operator;

(c)

the act or default of a person other than an officer, employee or agent of the relevant operator, or of a person acting on behalf of an agent thereof;

(d)

the inability of the relevant operator to obtain any necessary access to any premises (which may include its own premises);

(e)

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 Act^f1);

(f)

the effects of an event for which emergency regulations have been made under Part 2 of the Civil Contingencies Act 2004^f2; or

(g)

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.

(7)

The relevant operator reasonably considers that the information given by the customer is frivolous or vexatious.

(8)

The customer has—

(a)

committed an offence under paragraph 6 of Schedule 6^f3 or paragraph 11 of Schedule 7 to the Act; or

(b)

failed to pay any charges due to the relevant operator after receiving a notice under paragraph 2(2) of Schedule 6^f4 to the Act,

and the action taken or not taken by the relevant operator was in exercise of its powers under that paragraph.

(9)

In this regulation, “contravention time” means—

(a)

in relation to regulation 12, the time at which the supply was interrupted; and

(b)

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

Textual amendments

F1: Words in reg. 20(4) substituted (1.1.2016) by The Electricity and Gas (Standards of Performance) (Suppliers) Regulations 2015 (S.I. 2015/1544), regs. 1(1), 14(d) (with reg. 1(2)-(5))

Commencement

I1: Reg. 20 in force at 1.4.2015, see reg. 1(1)

Footnotes

f1: Section 96 was amended by S.I. 2012/2400.
f2: 2004 c.36.
f3: Schedule 6 was substituted by section 51(2) of, and Schedule 4 to, the Utilities Act 2000 (c.27).
f4: 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).