(1)This section applies where on any day (“the relevant day”)—
(a)sequestration is awarded in a case where the petition was presented by the debtor,
(b)a warrant is granted under section 12(2) of this Act in a case where the petition was presented by a creditor or a trustee acting under a trust deed; or
(c)the debtor grants a trust deed,
and in this section “the office holder” means the interim trustee, the permanent trustee or the trustee acting under a trust deed, as the case may be.
(2)If a request falling within subsection (3) below is made for the giving after the relevant day of any of the supplies mentioned in subsection (4) below, the supplier—
(a)may make it a condition of the giving of the supply that the office holder personally guarantees the payment of any charges in respect of the supply; and
(b)shall not make it a condition of the giving of the supply, or do anything which has the effect of making it a condition of the giving of the supply, that any outstanding charges in respect of a supply given to the debtor before the relevant day are paid.
(3)A request falls within this subsection if it is made—
(a)by or with the concurrence of the office holder; and
(b)for the purposes of any business which is or has been carried on by or on behalf of the debtor.
(4)The supplies referred to in subsection (2) above are—
(a)a supply of gas by [F1a [F2gas supplier] within the meaning of Part I of the Gas Act 1986];
(b)a supply of electricity by [F3a public electricity supplier within the meaning of Part I of the Electricity Act 1989];
(c)a supply of water by a water authority (within the meaning of the M1Water (Scotland) Act 1980);
(d)a supply of telecommunication services (within the meaning of the M2Telecommunications Act 1984) by a public telecommunications operator (within the meaning of that Act).
(5)In subsection (4) above the reference to telecommunication services does not include a reference to [F4local delivery services within the meaning of Part II of the Broadcasting Act 1990].
Textual Amendments
F1Words substituted by Gas Act 1986 (c. 44, SIF 44:2), ss. 3, 67(1)(3), Sch. 7 para. 32, Sch. 8 para. 33
F2Words in s. 70(4)(a) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 13; S.I. 1996/218, art. 2
F3Words substituted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 32, Sch. 17 paras. 33, 35(1)
F4Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 41
Marginal Citations