42.—(1) This regulation applies where immediately before the date regulation 9 comes into operation a public electricity supplier (“the supplier”) is supplying tariff customers with electricity.
(2) The supplier’s supply successor shall be deemed to have contracted with those customers for the supply of electricity as from that date.
(3) The express terms and conditions of a contract which, by virtue of paragraph (2), is deemed to have been made by the supplier shall be provided for by the scheme under this regulation which relates to that supplier.
(4) Before such date as the Authority may direct, the supplier shall make a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of paragraph (2), are to be deemed to have been made by the supplier.
(5) A scheme under this regulation shall not take effect unless it is approved by the Authority; and the Authority may modify such a scheme before approving it.
(6) If, in relation to such a scheme—
(a)the supplier fails, before the date specified under paragraph (4), to submit the scheme for the approval of the Authority; or
(b)the Authority decides not to approve the scheme that has been submitted by the supplier (either with or without modifications),
the Authority may itself make the scheme.
(7) It shall be the duty of the supplier to provide the Authority with all such information and other assistance as it may require for the purposes of or in connection with the exercise of any function conferred by paragraph (5) or (6).
(8) The Authority shall not exercise any function conferred by paragraph (5) or (6) except after consultation with the supplier.
(9) A scheme made under this regulation shall be published in the Belfast Gazette before the commencement date and shall come into operation on that date; and conclusive evidence of a scheme so made may be given in all courts of justice and in all legal proceedings whatever by the production of a copy of the Gazette which purports to contain it.
(10) In this regulation expressions which are also used in the 1992 Order as it had effect immediately before the commencement date shall have the same meaning as in that Order and—
“commencement date” means the date on which Part II comes into force; and
“supply successor”, in relation to a public electricity supplier, means the person who becomes an electricity supplier (as defined by Article 3 of the 1992 Order) by virtue of a scheme under regulation 35.
Commencement Information
I1Reg. 42 in operation at 3.7.2007, see reg. 1(1)