Electricity Act 1989

Investigation of complaints

45 Investigation of enforcement matters

(1) Subject to subsection (2) below, it shall be the duty of the Director to investigate any matter which appears to him to be an enforcement matter and which—

(a) is the subject of a representation (other than one appearing to the Director to be frivolous) made to the Director by or on behalf of a person appearing to the Director to have an interest in that matter; or

(b) is referred to him by a consumers' committee under subsection (3) below.

(2) The Director may, if he thinks fit, require a consumers' committee to investigate and report to him on any matter falling within subsection (1) above which relates to a person authorised by a licence to supply electricity in the committee’s area.

(3) It shall be the duty of each consumers' committee to refer to the Director any matter which—

(a) appears to the committee to be an enforcement matter; and

(b) is the subject of a representation (other than one appearing to the committee to be frivolous) made to the committee by or on behalf of a person appearing to the committee to have an interest in that matter.

(4) In this section and section 46 below “enforcement matter” means any matter in respect of which any functions of the Director under section 25 above are or may be exercisable.

46 Investigation of certain other matters

(1) It shall be the duty of each consumers' committee to investigate any matter which appears to the committee to be a relevant matter and which—

(a) is the subject of a representation (other than one appearing to the committee to be frivolous) made to the committee by or on behalf of a person appearing to the committee to have an interest in that matter; or

(b) is referred to the committee by the Director under subsection (2) below.

(2) Subject to subsection (3) below, it shall be the duty of the Director to refer to a consumers' committee any matter which—

(a) appears to the Director to be a relevant matter; and

(b) is the subject of a representation (other than one appearing to the Director to be frivolous) made to the Director by or on behalf of a person appearing to the Director to have an interest in that matter.

(3) Nothing in subsection (2) above shall require the Director to refer to a consumers' committee any matter in respect of which he is already considering exercising functions under this Part.

(4) Where on an investigation under subsection (1) above any matter appears to a consumers' committee to be a matter in respect of which it would be appropriate for the Director to exercise any functions under this Part, the committee shall refer that matter to the Director with a view to his exercising those functions with respect to that matter.

(5) In this section “relevant matter”, in relation to a consumers' committee, means any matter (other than an enforcement matter)—

(a) in respect of which any functions of the Director under this Part are or may be exercisable; and

(b) which relates to a public electricity supplier allocated to the committee or to any other person authorised by a licence to supply electricity in that committee’s area.