Electricity Act 1989

[F1ConnectionU.K.

Textual Amendments

7.(1)This paragraph applies where a distribution exemption holder is under a duty to give access to a third party supplier under paragraph 2(3), (6) or (9) or 3(12)(a).U.K.

(2)The distribution exemption holder must, if required to do so by the third party supplier or the customer who served the notice under paragraph 2(1), make a connection between its distribution system and—

(a)the premises mentioned in paragraph 1(1)(a); or

(b)the distribution system of another authorised distributor.

(3)The duty under sub-paragraph (2) includes a duty to provide such electric lines or electrical plant as may be necessary to enable the connection to be used for the purpose for which it is required.

(4)The duty under sub-paragraph (2) must be performed in accordance with such terms as are agreed under paragraphs 8 and 9, or paragraph 10, for so long as the connection is required.

(5)In this paragraph and paragraphs 8 to 10—

(a)any reference to making a connection includes a reference to maintaining the connection (and continuing to provide the necessary electric lines or electrical plant);

(b)any reference to requiring a connection includes a reference to requiring the connection to be maintained (and the continued provision of the necessary electric lines or electrical plant); and

(c)any reference to the provision of any electric line or electrical plant is a reference to the provision of such a line or an item of electrical plant either by the installation of a new one or by the modification of an existing one.

8.(1)Where a distribution exemption holder makes a connection under paragraph 7(2) any expenses reasonably incurred in making the connection or in providing any electric line or electrical plant that the distribution exemption holder is under a duty to provide must, if and to the extent that the distribution exemption holder requires, be met by the person requiring the connection.U.K.

(2)The reference in sub-paragraph (1) to any expenses reasonably incurred in providing an electric line or electrical plant includes a reference to the capitalised value of any expenses likely to be so incurred in continuing to provide it.

(3)Where a distribution exemption holder is under a duty to make a connection under paragraph 7(2)—

(a)it may require the person requiring the connection to provide it with reasonable security for the payment to it under sub-paragraph (1) of amounts in respect of the provision of any electric lines or electrical plant that it is under a duty to provide; and

(b)if the person requiring the connection fails to provide any security required under paragraph (a), or any security given by the person requiring the connection becomes invalid or insufficient and that person fails to provide alternative or additional security, the distribution exemption holder may if it thinks fit—

(i)where the connection has not been made, refuse to provide the line or plant for so long as the failure continues, or

(ii)where the connection is being maintained, disconnect the premises or distribution system in question.

(4)Where any sum has been deposited with a distribution exemption holder by way of security under sub-paragraph (3) the distribution exemption holder must, on repaying the amount, also pay interest on that amount, calculated on a daily basis at the rate of 1 per cent above LIBOR, for the period beginning with the day following that on which the amount was deposited and ending on the day on which the amount is repaid.

(5)In sub-paragraph (4) “LIBOR”, in relation to any day, means the sterling three-month London inter-bank offered rate in force for that day rounded if necessary to two decimal places.

(6)Nothing in paragraph 7 is to be taken as requiring the distribution exemption holder to make a connection between its distribution system and any premises or other distribution system if and to the extent that—

(a)the distribution exemption holder is prevented from doing so by circumstances outside its control;

(b)circumstances exist by reason of which the connection would or might involve danger to the public, and the distribution exemption holder has taken all reasonable steps to prevent the circumstances from occurring and to prevent them from having that effect; or

(c)it is not reasonable in all the circumstances for the distribution exemption holder to be required to do so.

(7)Without prejudice to the generality of sub-paragraph (6), nothing in paragraph 7 is to be taken as requiring the distribution exemption holder to make a connection if any consent that is necessary for the connection to be made has not been given.

(8)A distribution exemption holder who is required to make a connection under paragraph 7(2) may require the person requiring the connection to accept, in respect of the making of the connection, any terms restricting any liability of the distribution exemption holder for economic loss resulting from negligence which it is reasonable in all the circumstances for that person to be required to accept.

(9)Sub-paragraphs (3)(b)(ii) and (6)(c), do not permit a distribution exemption holder to disconnect any premises or distribution system unless the distribution exemption holder has given the owner and the occupier of the premises or (as the case may be) the person who operates or has control of the distribution system not less than 7 working days’ notice of its intention to disconnect.

9.(1)This paragraph applies where a distribution exemption holder has a duty to make a connection under paragraph 7(2).U.K.

(2)Except where an agreement under paragraph 10(1) is in place, the distribution exemption holder must comply with the requirements of sub-paragraph (3) as soon as is reasonably practicable after the person requiring the connection has—

(a)served on the distribution exemption holder a notice requesting that the distribution exemption holder offer terms for making the connection; and

(b)provided the distribution exemption holder with the following information—

(i)details of the premises or distribution system from which the connection to the distribution exemption holder’s distribution system is required, including the location of the premises or distribution system,

(ii)the date on or by which the person requiring the connection proposes that the work necessary for the connection to be made should be carried out,

(iii)the maximum power at which electricity may be required to be conveyed through the connection,

(iv)details of any other requirements that the person requiring the connection has, including any metering requirements, and

(v)any other information in relation to the required connection reasonably requested by the distribution exemption holder.

(3)The distribution exemption holder must serve on the person requiring the connection a notice—

(a)raising any concerns that it has with the information provided in accordance with sub-paragraph (2)(b);

(b)proposing arrangements for any security that the person requiring the connection will be required to pay to it under paragraph 8(3);

(c)proposing arrangements for any payment that the person requiring the connection will be required to make under paragraph 8(1);

(d)stating any terms that the person requiring a connection will be required to accept under paragraph 8(8), restricting the distribution exemption holder’s liability; and

(e)proposing any other terms on which it will make the connection.

(4)The distribution exemption holder must negotiate in good faith with the person requiring the connection and endeavour to reach an agreement on the terms and conditions for that connection.

10.(1)The distribution exemption holder may enter into an agreement with a person requiring a connection in pursuance of paragraph 7(2) for the making of a connection on such terms as may be agreed by the parties.U.K.

(2)So long as the agreement is effective, the rights and liabilities of the parties shall be those arising under the agreement and not those provided for under paragraphs 7 to 9.

11.(1)Section 23 (determination of disputes) applies in relation to a dispute arising under paragraphs 7 to 9 of this Schedule as it applies to a dispute arising under sections 16 to 21, but as if—U.K.

(a)the references to an electricity distributor were to a distribution exemption holder;

(b)the references to a person requiring a connection were to a person requiring a connection in pursuance of paragraph 7(2); and

(c)the reference in subsection (3) to section 20(1) were to paragraph 8(3)(a).

(2)The reference in sub-paragraph (1)(b) to requiring a connection is to be construed in accordance with paragraph 7(5).]