For sections 16 and 17 of the 1989 Act (duty to supply on request and exceptions to that duty) there are substituted—
(1)An electricity distributor is under a duty—
(a)to make a connection between a distribution system of his and any premises, when required to do so by—
(i)the owner or occupier of the premises; or
(ii)an authorised supplier acting with the consent of the owner or occupier of the premises,
for the purpose of enabling electricity to be conveyed to or from the premises;
(b)to make a connection between a distribution system of his and any distribution system of another authorised distributor, when required to do so by that authorised distributor for the purpose of enabling electricity to be conveyed to or from that other system.
(2)Any duty under subsection (1) 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.
(3)The duties under this section shall be performed subject to such terms as may be agreed under section 16A for so long as the connection is required.
(4)In this section and sections 16A to 23—
(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 and 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.
(5)The duties under this section are subject to the following provisions of this Part and any regulations made under those provisions.
(1)Where a person requires a connection to be made by an electricity distributor in pursuance of section 16(1), he shall give the distributor a notice requiring him to offer terms for making the connection.
(2)That notice must specify—
(a)the premises or distribution system to which a connection to the distributor’s system is required;
(b)the date on or by which the connection is to be made; and
(c)the maximum power at which electricity may be required to be conveyed through the connection.
(3)The person requiring a connection shall also give the distributor such other information in relation to the required connection as the distributor may reasonably request.
(4)A request under subsection (3) shall be made as soon as practicable after the notice under subsection (1) is given (if not made before that time).
(5)As soon as practicable after receiving the notice under subsection (1) and any information requested under subsection (3) the distributor shall give to the person requiring the connection a notice—
(a)stating the extent (if any) to which his proposals are acceptable to the distributor and specifying any counter proposals made by him;
(b)specifying any payment which that person will be required to make under section 19(1) or regulations under section 19(2);
(c)specifying any security which that person will be required to give under section 20; and
(d)stating any other terms which that person will be required to accept under section 21.
(6)A notice under subsection (5) shall also contain a statement of the effect of section 23.
(1)Nothing in section 16(1) requires an electricity distributor to make a connection if and to the extent that—
(a)he is prevented from doing so by circumstances not within his control;
(b)circumstances exist by reason of which his doing so would or might involve his being in breach of regulations under section 29, and he has taken all such steps as it was reasonable to take both 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 him to be required to do so.
(2)Without prejudice to the generality of subsection (1) an electricity distributor is not required to make a connection if—
(a)making the connection involves the distributor doing something which, without the consent of another person, would require the exercise of a power conferred by any provision of Schedule 3 or 4;
(b)the distributor’s licence does not provide for that provision to have effect in relation to him; and
(c)any necessary consent has not, at the time the request is made, been given.
(3)Subsection (1)(c) does not permit an electricity distributor to disconnect any premises or distribution system to which a connection is being maintained by him unless the distributor gives—
(a)where the connection is to premises, to the occupier or to the owner if the premises are not occupied;
(b)where the connection is to another distribution system, to the person who is authorised by a licence or exemption to run that system,
not less than seven working days’ notice of his intention to disconnect the premises or distribution system.”
Commencement Information
I1S. 44 wholly in force at 1.10.2001; s. 44 not in force at Royal Assent see s. 110(2); s. 44 in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)