PART IVTRANSITIONAL PROVISIONS

Requests to supply and exemptions from duty44

1

This regulation applies where—

a

before the date regulation 9 comes into operation (in regulations 44 to 50 referred to as “the relevant date”) a public electricity supplier receives a notice pursuant to Article 19(2) of the 1992 Order (referred to in this regulation as an “Article 19(2) notice”);

b

the public electricity supplier has not by that date begun to give a supply of electricity as required by the Article 19(2) notice; and

c

before that date none of the exemptions in Article 20 of the 1992 Order apply.

2

Subject to the following provisions of this regulation, the Article 19(2) notice shall have effect on and after the relevant date as if it were a request for a supply of electricity made to the supply successor and, where there is no connection in place between the premises to which the notice relates and the distribution system of the distribution successor, a request for such a connection made pursuant to Article 19 of the 1992 Order as it had effect on or after that date to the distribution successor.

3

Where the Article 19(2) notice is treated as a request for a supply made to the supply successor, the supply successor shall give to the person requiring the supply of electricity a notice which shall state—

a

the extent to which the person’s proposals are acceptable to the supply successor; and

b

details as to the price and terms upon which the supply successor is prepared to give a supply of electricity,

in so far as that information has not already been given to the person by the public electricity supplier before the relevant date.

4

Any connection made by a distribution successor on or after the relevant date as a result of an Article 19(2) notice given to a public electricity supplier shall be a connection made in pursuance of Article 19 of the 1992 Order as it had effect on or after that date.

5

In this regulation and the following provisions of this Part—

  • “supply successor” has the meaning given by regulation 42(10); and

  • “distribution successor” in relation to a supply successor means the nominating licensee within the meaning of regulation 13(1).