Miscellaneous and supplementary
70Supplies by utilities
1
This section applies where on any day (" the relevant day ")—
a
sequestration is awarded in a case where the petition was presented by the debtor,
b
a warrant is granted under section 12(2) of this Act in a case where the petition was presented by a creditor or a trustee acting under a trust deed ; or
c
the debtor grants a trust deed,
and in this section " the office holder " means the interim trustee, the permanent trustee or the trustee acting under a trust deed, as the case may be.
2
If a request falling within subsection (3) below is made for the giving after the relevant day of any of the supplies mentioned in subsection (4) 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; and
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 debtor before the relevant day are paid.
3
A request falls within this subsection if it is made—
a
by or with the concurrence of the office holder; and
b
for the purposes of any business which is or has been carried on by or on behalf of the debtor.
4
The supplies referred to in subsection (2) 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 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).
5
In subsection (4) 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).