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Regulation 38 Works in breach of Regulations

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • reg.3(1) (defn of British Standard Requirements) added reg.3(1) (defn of Institution Electrical Engineers Regs) revoked by Electricity Supply 1992 reg.2(a) of SI 2961, reg.2(b)
(1)

Paragraphs (2) to (10) shall apply in any case where the Secretary of State is satisfied that—

(a)

any supplier’s works or any part thereof which are constructed, placed, erected, maintained, or used otherwise than in accordance with these Regulations; or

(b)

any part of a consumer’s installation which is not enclosed in a building; or

(c)

those works, that installation or the part thereof which are or is in breach of any relevant exemption or other relevant provision made under these Regulations in force at the time when the notice referred to in paragraph (2) is given,

are or is liable to

(i)

become a source of danger to others; or

(ii)

interfere with a supply to others.

(2)

The Secretary of State may serve notice in writing on the supplier or consumer specifying the matter of which he is satisfied and require that those works, that installation or the part specified in the notice—

(a)

shall not be used, or shall be used only subject to compliance with such conditions as that notice may specify; or

(b)

shall be made dead; or

(c)

shall be removed,

within the time specified in that notice and the person on whom that notice is served shall comply with the provisions of that notice.

(3)

Where such a notice has required that any works, installation or part shall not be used or shall be made dead that notice shall remain in effect until such time as the works, installation or part specified in the notice shall comply with these Regulations or until the Secretary of State shall withdraw the notice.

(4)

If, within the period specified by that notice for compliance or such longer period as the Secretary of State may allow, the person on whom the notice is served disputes the basis for, or the requirements of, any such notice, he may give notice in writing to the Secretary of State of that dispute and shall state the grounds.

(5)

Where a notice is given to the Secretary of State pursuant to paragraph (4), the Secretary of State shall refer the dispute to an independent person agreed between the Secretary of State and the person giving the notice, or in default of agreement, to a person nominated by the President for the time being of the Institution of Electrical Engineers.

(6)

The person to whom a dispute is referred shall, on reaching a determination of the dispute, make a direction as to whether the person giving the notice under paragraph (4) shall bear the costs of the reference (including any fees or expenses payable to him) or whether those costs shall be borne by the Secretary of State.

(7)

The person to whom a dispute is referred may decide

(a)

to uphold the notice; or

(b)

to recommend to the Secretary of State that the notice be withdrawn or modified, and

shall notify his decision in writing to the Secretary of State and to the person giving notice under paragraph (4).

(8)

The person to whom a dispute is referred may and, if so requested by any party to the dispute, shall—

(a)

give the parties to the dispute an opportunity of appearing before and being heard by him; and

(b)

make an inspection of the supplier’s works, or consumer’s installation the subject of the dispute.

(9)

Where it appears to the person to whom a dispute is referred that any person, not being a party to the dispute, has an interest in the outcome of that dispute, he may at his discretion treat that person as if he were a party to the dispute.

(10)

A copy of this regulation shall be endorsed upon or accompany every notice served by the Secretary of State pursuant to this regulation.