C2 Part X Individual Insolvency: General Provisions
C1C3372 Supplies of gas, water, electricity, etc.
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, F13...
F13c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and in this section “the office-holder” means the official receiver, the trustee in bankruptcy, the interim receiver F14or the supervisor of the voluntary 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;
F9aa
a supply of gas by a person within paragraph 1 of Schedule 2A to the Gas Act 1986 (supply by landlords etc.);
F2b
a supply of electricity by an electricity supplier within the meaning of Part I of the Electricity Act 1989;
F10ba
a supply of electricity by a class of person within Class A (small suppliers) or Class B (resale) of Schedule 4 to the Electricity (Class Exemptions from the Requirement for a Licence) Order 2001 (S.I. 2001/3270);
c
a supply of water by F3a water undertaker,
F11ca
a supply of water by a water supply licensee within the meaning of the Water Industry Act 1991;
cb
a supply of water by a person who has an interest in the premises to which the supply is given;
F4d
a supply of communications services by a provider of a public electronic communications service.
F12e
a supply of communications services by a person who carries on a business which includes giving such supplies;
f
a supply of goods or services mentioned in subsection (4A) by a person who carries on a business which includes giving such supplies, where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.
F84A
The goods and services referred to in subsection (4)(f) are—
a
point of sale terminals;
b
computer hardware and software;
c
information, advice and technical assistance in connection with the use of information technology;
d
data storage and processing;
e
website hosting.
5
The following applies to expressions used in subsection (4)—
F5a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7c
“communications services” do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services (within the meaning of the Communications Act 2003).
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)