Competition and Service (Utilities) Act 1992

Electricity supply

20 Research concerning views of customers

(1) In section 39(1) of the [1989 c. 29.] Electricity Act 1989 (electricity supply: performance in individual cases) there shall be inserted, after paragraph (b),

“; and (c) after arranging for such research as the Director considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and considering the results,”.

(2) In section 40 of the Act of 1989 (electricity supply: overall performance), the words from “after” to “affected” shall be omitted from subsection (1) and the following subsection shall be inserted after that subsection—

“(1A) The Director may only make a determination under subsection (1)(a) above after—

(a) consultation with public electricity suppliers and with persons or bodies appearing to him to be representative of persons likely to be affected; and

(b) arranging for such research as the Director considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and considering the results.”

21 Information to be given to customers about overall performance

The following section shall be inserted in the [1989 c. 29.] Electricity Act 1989, after section 42—

“42A Information to be given to customers about overall performance

(1) Each public electricity supplier shall, in such form and manner and with such frequency as the Director may direct, take steps to inform his customers of—

(a) the standards of overall performance determined under section 40 above which are applicable to that supplier; and

(b) that supplier’s level of performance as respects each of those standards.

(2) In giving any such direction, the Director shall not specify a frequency of less than once in every period of twelve months.”

22 Procedures for dealing with complaints

The following section shall be inserted in the Electricity Act 1989, after section 42A—

“42B Procedures for dealing with complaints

(1) Each public electricity supplier shall establish a procedure for dealing with complaints made by his customers or potential customers in connection with the provision of electricity supply services.

(2) No such procedure shall be established, and no modification of such a procedure shall be made, unless—

(a) the supplier has consulted the consumers' committee to which he has been allocated; and

(b) the proposed procedure or modification has been approved by the Director.

(3) The supplier shall—

(a) publicise the procedure in such manner as may be approved by the Director; and

(b) send a description of the procedure, free of charge, to any person who asks for one.

(4) The Director may give a direction to any public electricity supplier requiring the supplier to review his procedure or the manner in which it operates.

(5) A direction under subsection (4) above—

(a) may specify the manner in which the review is to be conducted; and

(b) shall require a written report of the review to be made to the Director.

(6) Where the Director receives a report under subsection (5)(b) above, he may, after consulting the supplier, direct him to make such modifications of—

(a) the procedure; or

(b) the manner in which the procedure operates,

as may be specified in the direction.

(7) Subsection (2) above does not apply to any modification made in compliance with a direction under subsection (6) above.”

23 Billing disputes

The following section shall be inserted in the [1989 c. 29.] Electricity Act 1989, after section 44—

“44A Billing disputes

(1) The Secretary of State may by regulations make provision for billing disputes to be referred to the Director for determination in accordance with the regulations.

(2) In this section “billing dispute” means a dispute between a public electricity supplier and a tariff customer concerning the amount of the charge which the supplier is entitled to recover from the customer in connection with the provision of electricity supply services.

(3) Regulations under this section may only be made after consulting—

(a) the Director; and

(b) persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations.

(4) Regulations under this section may provide that, where a billing dispute is referred to the Director, he may either—

(a) determine the dispute, or

(b) appoint an arbitrator (or in Scotland an arbiter) to determine it.

(5) Any person determining any billing dispute in accordance with regulations under this section shall, in such manner as may be specified in the regulations, give his reasons for reaching his decision with respect to the dispute.

(6) Regulations under this section may provide—

(a) that disputes may be referred to the Director under this section only by prescribed persons; and

(b) for any determination to be final and enforceable—

(i) in England and Wales, as if it were a judgment of a county court; and

(ii) in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.

(7) Except in such circumstances (if any) as may be prescribed—

(a) the Director or an arbitrator (or in Scotland an arbiter) appointed by him shall not determine any billing dispute which is the subject of proceedings before, or with respect to which judgment has been given by, any court; and

(b) neither party to any billing dispute which has been referred to the Director for determination in accordance with regulations under this section shall commence proceedings before any court in respect of that dispute pending its determination in accordance with the regulations.

(8) No public electricity supplier may commence proceedings before any court in respect of any charge in connection with the provision by him of electricity supply services unless, not less than 28 days before doing so, the tariff customer concerned was informed by him, in such form and manner as may be prescribed, of—

(a) his intention to commence proceedings;

(b) the customer’s rights by virtue of this section; and

(c) such other matters (if any) as may be prescribed.

(9) The powers of the Director under section 28 above shall also be exercisable for any purpose connected with the determination of any dispute referred to him in accordance with regulations made under this section.”

24 Compliance with standards of overall performance

In section 40 of the [1989 c. 29.] Electricity Act 1989 (electricity supply: overall performance), the following subsection shall be added at the end—

“(3) It shall be the duty of every public electricity supplier to conduct his business in such a way as can reasonably be expected to lead to his achieving the standards set under this section.”

25 Determination of disputes by Director: interim directions

(1) The power of the Director General of Electricity Supply, under section 23(2) of the [1989 c. 29.] Electricity Act 1989, to require a public electricity supplier to continue a supply of electricity pending the Director’s determination of a dispute shall be extended to enable the Director to require the giving of a supply of electricity pending such a determination.

(2) Accordingly, in section 23(2) of that Act, the words “to continue” shall be omitted, in both places where they occur.