C2Part X Individual Insolvency: General Provisions
372 Supplies of gas, water, electricity, etc.C1
1
This section applies where on any day (“the relevant day")—
a
a bankruptcy order is made against an individual or an interim receiver of an individual’s property is appointed, or
b
a voluntary arrangement proposed by an individual is approved under Part VIII, or
c
a deed of arrangement is made for the benefit of an individual’s creditors;
and in this section “the office-holder” means the official receiver, the trustee in bankruptcy, the interim receiver, the supervisor of the voluntary arrangement or the trustee under the deed of arrangement, as the case may be.
2
If a request falling within the next subsection is made for the giving after the relevant day of any of the supplies mentioned in subsection (4), 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 individual 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 the individual, by a firm or partnership of which the individual is or was a member, or by an agent or manager for the individual or for such a firm or partnership.
4
The supplies referred to in subsection (2) are—
F1a
a supply of gas by a gas supplier within the meaning of Part I of the Gas Act 1986;
F2b
a supply of electricity by an electricity supplier within the meaning of Part I of the Electricity Act 1989;
c
a supply of water by F3a water undertaker,
d
a supply of telecommunication services by a public telecommunications operator.
5
The following applies to expressions used in subsection (4)—
F4a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Second Group of Parts (Pts. 8-11) modified (31.12.1996) by 1991 c. 57, Sch. 10 (as substituted by 1995 c. 25, s. 120(1), Sch. 22 para. 183 (with ss. 7(6), 115, 117); S.I. 1996/2909, art. 3)
Second Group of Parts (Pts. 8-11) modified (11.11.1999 for specified purposes and 6.4.2002 otherwise) by 1999 c. 30, s. 12(1); S.I. 2002/153, art. 2(b)