Insolvency Act 1985

97 Supplies by utilities

(1) If a request is made by or with the concurrence of the office holder for the giving after the relevant date of any of the supplies mentioned in subsection (2) below, the supplier—

(a) may make it a condition of the giving of the supply that the office holder personally guarantees the payment of any charges in respect of the supply; but

(b) shall not make it a condition of the giving of the supply, or do anything which has the effect of making it a condition of the giving of the supply, that any outstanding charges in respect of a supply given to the company before the relevant date are paid.

(2) The supplies referred to in subsection (1) above are—

(a) a supply of gas by the British Gas Corporation;

(b) a supply of electricity by an Electricity Board (within the meaning of the [1983 c. 25.] Energy Act 1983);

(c) a supply of water by statutory water undertakers or, in Scotland, a water authority within the meaning of the [1980 c. 45.] Water (Scotland) Act 1980;

(d) a supply of telecommunication services (within the meaning of the [1984 c. 12.] Telecommunications Act 1984) by a public telecommunications operator (within the meaning Of that Act).

(3) In subsection (2) above the reference to telecommunication services does not include a reference to services consisting in the conveyance of cable programmes, that is to say programmes included in cable programme services (within the meaning of the [1984 c. 46.] Cable and Broadcasting Act 1984).

(4) For the purposes of this section "the relevant date" is whichever is applicable of the following dates, namely—

(a) the date on which the company went into liquidation;

(b) the date on which the administration order was made;

(c) the date on which the administrative receiver was appointed or if he was appointed in succession to another administrative receiver, the date on which the first of his predecessors was appointed;

(d) the date on which the provisional liquidator was appointed ; and

(e) the date on which the composition or scheme was approved by the meetings summoned under section 22 above.