The Electricity (Northern Ireland) Order 1992

Consumer protection: standards of performance N.I.

Electricity supply: performance in individual cases N.I.

42.— [F1 (1) Regulations may, after—

(a) consultation with public electricity suppliers and with persons or bodies appearing to the Director to be representative of persons likely to be affected; and

(b) arranging for such research as the Director 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 the provision by such suppliers of electricity supply services to tariff customers as, in the opinion of the Director, ought to be achieved in individual cases.]

(2) Regulations under this Article may—

(a) prescribe circumstances in which public 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 Director's opinion, ought to be achieved in all cases; and

(c) prescribe circumstances in which public electricity suppliers are to be exempted from any requirements of the regulations or this Article.

(3) If a public electricity supplier 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.

(4) The making of compensation under this Article in respect of any failure by a public electricity supplier 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.

(5) Any dispute arising under this Article or regulations made under it—

(a) may be referred to the Director by either party; and

(b) on such a reference, shall be determined by order made either by the Director or, if he thinks fit, by the[F2 General Consumer Council];

and the practice and procedure to be followed in connection with any such determination shall be such as may be prescribed.

[F1 (5A) Any person making an order under paragraph (5) shall include in the order his reasons for reaching his decision with respect to the dispute.]

(6) An order under paragraph (5) shall be final and shall be enforceable as if it were a judgement of the county court.

F1 1992 NI 13

F2 2003 NI 6

Valid from 01/11/2007

Standards of performance in individual cases: disputes N.I.

[F3 42A.— (1) Any dispute arising under Article 42 or regulations made under that Article—

(a) may be referred to the Authority by either party or, with the agreement of either party, by the General Consumer Council; and

(b) on such a reference, shall be determined by order made by the Authority.

(2) A person making an order under paragraph (1) shall include in the order his reasons for reaching his decision with respect to the dispute.

(3) The practice and procedure to be followed in connection with any such determination shall be such as may be prescribed.

(4) An order under paragraph (1) shall be final and shall be enforceable as if it were a judgment of a county court.]

F3 Arts. 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)

Electricity supply: overall performance N.I.

43.—(1) The Director may,F4 . . .

(a) determine such standards of overall performance in connection with the provision of electricity supply services as, in his opinion, ought to be achieved by such suppliers; and

(b) arrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined.

[F4 (1A) The Director may only make a determination under paragraph (1)(a) after—

(a) consultation with public electricity suppliers and with persons or bodies appearing to him to be representative of persons likely to be affected; and

(b) arranging for such research as the Director considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and considering the results.]

(2) Different standards may be determined under this Article for different public electricity suppliers.

[F5 (3) It shall be the duty of every public electricity supplier to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this Article.]

F4 1992 NI 13

F5 1992 NI 13

Valid from 01/11/2007

[F6 Overall standards of performance: electricity distributors N.I.

43A.— (1) The Authority may from time to time—

(a) determine such standards of overall performance in connection with the activities of electricity distributors as, in its opinion, ought to be achieved by them; and

(b) arrange for the publication, in such form and in such manner as it considers appropriate, of the standards so determined.

(2) Different standards may be determined for different electricity distributors 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.

(3) It shall be the duty of every electricity distributor to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this Article.]

F6 Arts. 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)

[F7 Procedures for prescribing or determining standards of performance N.I.

43B.— (1) Before determining standards of performance under Article 43 or 43A, the Authority shall—

(a) arrange 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 consider the results;

(b) publish a notice of its proposals in accordance with paragraphs (2) and (3) and consider any representations which are duly made in respect of those proposals; and

(c) consult the General Consumer Council and other persons or bodies mentioned in paragraph (4).

(2) The notice required by paragraph (1)(b) is a notice—

(a) stating that the Authority proposes to determine standards of performance and setting out the standards of performance proposed;

(b) stating the reasons why it proposes to determine those standards of performance; and

(c) specifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposals may be made.

(3) A notice required by paragraph (1)(b) shall be published in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of those likely to be affected by the proposals.

(4) The persons or bodies to be consulted by the Authority under paragraph (1)(c) are—

(a) electricity suppliers (in the case of standards of performance under Article 43) or electricity distributors and electricity suppliers (in the case of standards of performance under Article 43A); and

(b) persons or bodies appearing to the Authority to be representative of persons likely to be affected by the determination.

(5) The Authority shall make arrangements for securing that notices under paragraph (1)(b) and determinations under Article 43 and 43A are made available to the public by whatever means it considers appropriate.

(6) Any requirement for research or consultation under this Article may be satisfied by research and consultation carried out in anticipation of its coming into operation.]

F7 Arts. 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)

Promotion of efficient use of electricity N.I.

44.—(1) The Director may, after consultation with public electricity suppliers and with persons or bodies appearing to him to be representative of persons likely to be affected,—

(a) determine such standards of performance in connection with the promotion of the efficient use of electricity by consumers as, in his opinion, ought to be achieved by such suppliers; and

(b) arrange for the publication, in such form and in such manner as he considers appropriate, of the standards so determined.

(2) Different standards may be determined under this Article for different public electricity suppliers.

[F8 (3) Each public electricity supplier shall, in such form and manner and with such frequency as the Director may direct, take steps to inform his customers of—

(a) the standards determined under this Article which are applicable to that supplier; and

(b) that supplier's level of performance as respects those standards.]

F8 1992 NI 13

Information with respect to levels of performance N.I.

45.—(1) The Director shall collect information with respect to—

(a) the compensation made by public electricity suppliers under Article 42;

(b) the levels of overall performance achieved by such suppliers in connection with the provision of electricity supply services; and

(c) the levels of performance achieved by such suppliers in connection with the promotion of the efficient use of electricity by consumers.

(2) On or before such date in each year as may be specified in a direction given by the Director, each public electricity supplier shall furnish to the Director the following information, namely—

(a) as respects each standard prescribed by regulations under Article 42, the number of cases in which compensation was made and the aggregate amount or value of that compensation; and

(b) as respects each standard determined under Article 43 or 44, such information with respect to the level of performance achieved by the supplier as may be so specified.

(3) A public electricity supplier who without reasonable excuse fails to do anything required of him by paragraph (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) The Director shall at least once in every year arrange for the publication, in such form and in such manner as he considers appropriate, of such of the information collected by or furnished to him under this Article as it may appear to him expedient to give to customers or potential customers of public electricity suppliers.

(5) In arranging for the publication of any such information the Director shall have regard to the need for excluding, so far as that is practicable—

(a) any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the Director, seriously and prejudicially affect the interests of that individual; and

(b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Director, seriously and prejudicially affect the interests of that body.

[F9 Information to be given to customers about overall performance N.I.

45A.— (1) Each public electricity supplier shall, in such form and manner and with such frequency as the Director may direct, take steps to inform his customers of—

(a) the standards of overall performance determined under Article 43 which are applicable to that supplier; and

(b) that supplier's level of performance as respects each of those standards.

(2) In giving any such direction, the Director shall not specify a frequency of less than once in every period of 12 months.]

F9 1992 NI 13

Modifications etc. (not altering text)

C1 Art. 45A(1) modified (3.7.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(1), 54(2)(3) (with transitional provisions in Pt. IV)

[F10 Procedures for dealing with complaints N.I.

45B.— (1) Each public electricity supplier shall establish a procedure for dealing with complaints made by his customers or potential customers in connection with the provision of electricity supply services.

(2) No such procedure shall be established, and no modification of such a procedure shall be made, unless—

(a) the supplier has consulted the[F11 General Consumer Council]; and

(b) the proposed procedure or modification has been approved by the Director.

(3) The supplier shall—

(a) publicise the procedure in such manner as may be approved by the Director; and

(b) send a description of the procedure, free of charge, to any person who asks for one.

(4) The Director may give a direction to any public electricity supplier requiring the supplier to review his procedure or the manner in which it operates.

(5) A direction under paragraph (4)—

(a) may specify the manner in which the review is to be conducted; and

(b) shall require a written report of the review to be made to the Director.

(6) Where the Director receives a report under paragraph (5)(b), he may, after consulting the supplier, direct him to make such modifications of—

(a) the procedure; or

(b) the manner in which the procedure operates,

as may be specified in the direction.

(7) Paragraph (2) does not apply to any modification made in compliance with a direction under paragraph (6).]

F10 1992 NI 13

F11 2003 NI 6