Electricity Act 1989

Restrictions on use of meters E+W+S

2 (1) No meter shall be used for ascertaining the quantity of electricity supplied by an [F1 authorised supplier] to a customer unless the meter— E+W+S

(a) is of an approved pattern or construction and is installed in an approved manner; and

(b) subject to sub-paragraph (2) below, is certified under paragraph 5 below;

and in this Schedule “approved” means approved by or under regulations made under this paragraph.

(2) Paragraph (b) of sub-paragraph (1) above shall not apply to a meter used in connection with an exempt supply if the [F1 authorised supplier] and the customer have agreed in writing to dispense with the requirements of that paragraph.

(3) Regulations under this paragraph may provide—

(a) for determining the fees to be paid for approvals given by or under the regulations;

(b) for revoking an approval so given to any particular pattern or construction of meter and requiring meters of that pattern or construction which have been installed to be replaced with meters of an approved pattern or construction within a prescribed period;

(c) for revoking an approval so given to any particular manner of installation and requiring meters which have been installed in that manner to be installed in an approved manner within such a period;

and may make different provision for meters of different descriptions or for meters used or intended to be used for different purposes.

Textual Amendments

F1 Words in Sch. 7 para. 2(1)(2) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

3 (1) If an [F2 authorised supplier] supplies electricity through a meter which is used for ascertaining the quantity of electricity supplied and— E+W+S

(a) is not of an approved pattern or construction or is not installed in an approved manner; or

(b) in the case of a meter to which paragraph 2(1)(b) above applies, is not certified under paragraph 5 below,

he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F3 (1A) Regulations under paragraph 1(1A) may provide for this paragraph not to apply in such circumstances as may be prescribed (being circumstances in which an authorised supplier is not required to supply electricity through an appropriate meter).]

(2) Where the commission by any person of an offence under this paragraph is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this sub-paragraph whether or not proceedings are taken against the first-mentioned person.

(3) In any proceedings in respect of an offence under this paragraph it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(4) No proceedings shall be instituted in England and Wales in respect of an offence under this paragraph except by or on behalf of the Director.

Textual Amendments

F2 Words in Sch. 7 para. 3(1) substituted (1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 2(1); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F3 Sch. 7 para. 3(1A) inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 52, Sch. 5 para. 4; S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)