[F117 Exceptions from duty to connect.E+W+S
(1)Nothing in section 16(1) requires an electricity distributor to make a connection if and to the extent that—
(a)he is prevented from doing so by circumstances not within his control;
(b)circumstances exist by reason of which his doing so would or might involve his being in breach of regulations under section 29, and he has taken all such steps as it was reasonable to take both to prevent the circumstances from occurring and to prevent them from having that effect; or
(c)it is not reasonable in all the circumstances for him to be required to do so.
(2)Without prejudice to the generality of subsection (1) an electricity distributor is not required to make a connection if—
(a)making the connection involves the distributor doing something which, without the consent of another person, would require the exercise of a power conferred by any provision of Schedule 3 or 4;
(b)the distributor’s licence does not provide for that provision to have effect in relation to him; and
(c)any necessary consent has not, at the time the request is made, been given.
(3)Subsection (1)(c) does not permit an electricity distributor to disconnect any premises or distribution system to which a connection is being maintained by him unless the distributor gives—
(a)where the connection is to premises, to the occupier or to the owner if the premises are not occupied;
(b)where the connection is to another distribution system, to the person who is authorised by a licence or exemption to run that system,
not less than seven working days’ notice of his intention to disconnect the premises or distribution system.]
Textual Amendments
F1Ss. 16, 16A, 17 and cross-heading substituted for ss. 16, 17 (1.10.2001) by 2000 c. 27, s. 44; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)