Exemptions
15.—(1) The circumstances contained in paragraphs (2) to (4) and (6) to (8) are the circumstances described in this regulation.
(2) The customer informs the supplier before the contravention time that he does not wish the supplier to take any action, or any further action in relation to the matter.
(3) The customer agrees with the supplier that the action taken by the supplier before the contravention time shall be treated as the taking by the supplier of the action required by the regulation and, where the action taken by the supplier includes a promise to perform any action (whether before or after the contravention time), the supplier duly performs that promise.
(4) Where information is or is required to be provided by the customer to the supplier, the information is provided to an address or by use of a telephone number other than the address or number which the supplier has advised the customer is appropriate for receipt of information of that type or in the case of information given by telephone for the purpose of regulations 8(1), 9(1) or 10(1) was given outside such reasonable hours as the supplier has advised the customer are the hours during which the telephone numbers will be available for the receipt of information of that type.
(5) For the purposes of paragraph (4) the supplier may advise the customer by publishing the address, the telephone number or the hours in such a manner as may be appropriate for the purpose of bringing the advice to the attention of customers likely to be affected by it.
(6) It was not reasonably practicable for the supplier to take the action required by the regulation before the contravention time as a result of—
(a)severe weather conditions;
(b)industrial action by the employees of the supplier;
(c)the act or default of a person other than an officer, employee or agent of the supplier, or a person acting on behalf of an agent of the supplier;
(d)the inability of the supplier to obtain any necessary access to any premises;
(e)the existence of circumstances by reason of which the supplier could reasonably expect that if he took the action he would or would be likely to be in breach of an enactment; or
(f)other circumstances of an exceptional nature beyond the control of the supplier;
and the supplier had taken all such steps as it was reasonable to take both to prevent the circumstances from occurring add to prevent them from having that effect.
(7) The supplier reasonably considers that the information given by the customer was frivolous or vexatious.
(8) The customer has—
(a)committed an offence under paragraph 4 of Schedule 6 or paragraph 11 of Schedule 7 to the Act, or
(b)failed to pay any charges due to the supplier after receiving a notice under sub-paragraph 1(6) of Schedule 6 to the Act,
and the action taken or not taken by the supplier was in exercise of his powers under the relevant paragraph or sub-paragraph.
(9) In this regulation, “contravention time” means—
(a)in relation to regulation 4, the expiry of the relevant period referred to in sub-paragraph (2)(a) and (where applicable) of each period referred to in sub-paragraph (2)(b) of that regulation;
(b)in relation to regulation 7, the time at which the supply was discontinued; and
(c)in relation to any other regulation, the time at which, if this regulation did not apply, the supplier would become liable to pay the prescribed sum to the customer.