The Electricity (Standards of Performance) Regulations 1993

Supply restoration

4.—(1) This regulation applies where the supply to a customer’s premises is discontinued as a result of a failure of, fault in or damage to the supplier’s distribution system, except where regulation 3 applies.

(2) Where this regulation applies, the supplier shall, except in any of the circumstances described in paragraph (3), pay to the customer, where—

(a) the supply is not restored to the customer’s premises within the relevant period, the prescribed sum; and

(b) in respect of each succeeding period of 12 hours upon the expiry of which the supply is not restored, the prescribed sum.

(3) The circumstances described in this paragraph are—

(a) each of the circumstances described in regulation 15;

(b) that it was not reasonable in all the circumstances for the supplier to be aware either that the supply to the customer’s premises had been discontinued or that the supply had not been restored;

(c) that—

(i) the premises to which the supply was discontinued are situated on an island;

(ii) the supply to premises on that island is normally provided through an electric line situated on or under the sea bed;

(iii) the failure, fault or damage occurred in that part of the electric line which is situated below the high water mark of spring tides; and

(iv) no alternative means is normally available to the supplier to supply the premises on that island; and

(d) that the supplier has not received a claim for compensation from the customer in respect of the circumstance referred to in paragraph (1) within a period of one month from the date upon which the supply was restored to the customer’s premises.

(4) In this regulation—

“distribution system” means the system of electric lines situated wholly or partly within the authorised area owned or operated by a supplier for distribution of electricity between the grid supply points or generating stations or other entry points and the points where it is supplied to premises or delivered to persons holding a licence under the Act or who, under section 5 of the Act, are exempt from the requirement to hold a licence and includes any electrical plant and meters owned or operated by the supplier in connection with the distribution of electricity; and

“relevant period” means the prescribed period commencing at the time—

(i)

the supplier is informed by a customer that the supply to the customer’s premises has been discontinued;

(ii)

the supplier is informed by a person other than the customer or is otherwise made aware by the operation of any automatic system operated by the supplier of circumstances in which paragraph (1) applies or may reasonably be expected to apply to premises including the customer’s premises; or

(iii)

where the failure, fault or damage has occurred in an underground electric line of a nominal voltage of 20 kilovolts, 12 hours after the time at which paragraph (i) or (ii) applies.