42.—(1) Regulations may, after consultation with persons or bodies appearing to the Authority to be representative of persons likely to be affected and arranging for such research as the Authority considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and considering the results, prescribe such standards of performance in connection with—
(a)the activities of electricity suppliers, so far as affecting customers or potential customers of theirs, as in the Authority's opinion ought to be achieved in individual cases; and
(b)the activities of electricity distributors, so far as affecting customers or potential customers of electricity suppliers, as in the Authority's opinion ought to be achieved in individual cases.
(2) Regulations under paragraph (1)(a) may—
(a)prescribe circumstances in which electricity suppliers are to inform persons of their rights under this Article;
(b)prescribe such standards of performance in relation to any duty arising under sub-paragraph (a) as, in the Authority's opinion, ought to be achieved in all cases;
(c)prescribe circumstances in which electricity suppliers are to be exempted from any requirements of the regulations or this Article; and
(d)if the Authority is of the opinion that the differences are such that no electricity supplier would be unduly disadvantaged in competing with other electricity suppliers, make different provision with respect to different electricity suppliers.
(3) Regulations under paragraph (1)(b) may—
(a)prescribe circumstances in which electricity distributors are to inform customers or potential customers of electricity suppliers of their rights under this Article;
(b)prescribe such standards of performance in relation to any duty arising under sub-paragraph (a) as, in the Authority's opinion, ought to be achieved in all cases;
(c)make provision as to the manner in which compensation under this Article is to be made;
(d)prescribe circumstances in which electricity distributors are to be exempted from any requirements of the regulations or this Article; and
(e)if the Authority is of the opinion that the differences are such that no electricity distributor would be unduly disadvantaged in competing with other electricity distributors, make different provision with respect to different electricity distributors.
(4) If an electricity supplier or an electricity distributor fails to meet a prescribed standard, he shall make to any person who is affected by the failure and is of a prescribed description such compensation as may be determined by or under the regulations.
(5) Provision made under paragraph (3)(c) may—
(a)require or permit compensation to be made on behalf of electricity distributors by electricity suppliers to customers or potential customers; and
(b)require electricity suppliers to provide services to electricity distributors in connection with the making of compensation under this Article.
(6) The making of compensation under this Article in respect of any failure to meet a prescribed standard shall not prejudice any other remedy which may be available in respect of the act or omission which constituted that failure.
(7) In paragraph (1), any reference to research or consultation includes research or consultation carried out in anticipation of the coming into operation of this Article.]
F1Arts. 42, 42A, 43, 43A, 43B substituted (3.7.2007 for art. 43B for certain purposes otherwise 1.11.2007) for arts. 42, 43 by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2)(3), 10 (with transitional provisions in Pt. IV)