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The Electricity (Northern Ireland) Order 1992

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Power to recover expenditureN.I.

22.—(1) Where any electric line or electrical plant is provided by a public electricity supplier under Article 19(1), the supplier may require any expenses reasonably incurred in providing it to be defrayed by the person requiring the supply of electricity to such extent as is reasonable in all the circumstances.

(2) Regulations made, after consultation with the Director, may make provision for entitling a public electricity supplier to require a person requiring a supply of electricity under Article 19(1) to pay to the supplier, in respect of any expenses reasonably incurred in providing any electric line or electrical plant used for the purpose of giving that supply, such amount as may be reasonable in all the circumstances if—

(a)the supply is required within the prescribed period after the provision of the line or plant; and

(b)a person for the purpose of supplying whom the line or plant was provided ( “the initial contributor”) has made a payment to the supplier in respect of those expenses.

(3) Regulations under paragraph (2) may require a public electricity supplier who, under this Article or the regulations, has recovered any amount in respect of expenses reasonably incurred in providing any electric line or electrical plant—

(a)to exercise his rights under the regulations in respect of those expenses; and

(b)to apply any payments received by him in the exercise of those rights in making such payments as may be appropriate towards reimbursing the initial contributor and any persons previously required to make payments under the regulations.

(4) Any reference in this Article to any expenses reasonably incurred in providing an electric line or electrical plant includes a reference to the capitalised value of any expenses likely to be so incurred in maintaining it, in so far as they will not be recoverable by the supplier as part of the charges made by him for the supply.

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