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31.—(1) Notice shall be given to the Secretary of State in accordance with this regulation by the distributor in respect of any event which is of a type specified in paragraph (2)(b) where the event involves a consumer’s installation which is connected to the distributor’s network and by the generator, distributor or meter operator, as the case may be, in respect of any event which is an event of a type otherwise specified in paragraph (2) and involves a network or equipment which is in the ownership of, under the control of, or used by, the generator, distributor or meter operator, as the case may be.
(2) The events referred to in paragraph (1) are—
(a)any event attributable in whole or in part to the generating, transforming, control or carrying of energy up to and including the supply terminals, which has given rise to—
(i)the death of any person other than a person engaged by the generator, distributor or meter operator for the purposes of his business; or
(ii)an injury (including any electric shock) to any person other than a person engaged by the generator, distributor or meter operator for the purposes of his business; or
(iii)any fire; or
(iv)any explosion or implosion;
(b)any event attributable in whole or in part to the presence of energy on the consumer’s side of the supply terminals on any non-industrial and non-commercial premises resulting in the death of any person;
(c)any event, whether or not accompanied by an event specified in sub-paragraph (a), which caused an overhead line to be at a height less than that required by regulation 17(2);
(d)the occurrence of any damage to any underground cable resulting from an event not specified in sub-paragraphs (a) and (b); and
(e)any event other than those listed in sub-paragraph (a), (c) or (d) which, taking into account the circumstances of that event, was likely to cause any of the events listed in sub-paragraph (a).
(3) In respect of any event specified in paragraph (2)(a)—
(a)the requirement to give notice in accordance with paragraph (4) (so far as applicable) applies in addition to the requirement to give notice in accordance with paragraph (5) unless the notice given satisfies the requirements of both paragraphs; and
(b)the requirement to give notice in accordance with paragraphs (4) and (5) applies in addition to the requirement to give notice in accordance with paragraph (6).
(4) In respect of any event specified in paragraph (2)(a)(i) or (in the case of a serious injury) in paragraph (2)(a)(ii), notice of the event shall be given to the Secretary of State by telephone or other immediate means of communication immediately after the event becomes known to the generator, distributor or meter operator, as the case may be.
(5) In respect of any event specified in paragraph (2)(a) or (2)(b), notice containing the relevant particulars shall, subject to paragraph (8), as soon as possible after the event becomes known to the generator, distributor or meter operator, as the case may be, be given to the Secretary of State in writing by the quickest practicable means.
(6) In respect of any event notifiable under paragraph (2)(a), (2)(c) or (2)(e), notice shall be given to the Secretary of State by post within 15 days of the end of the month in which the event becomes known to the generator, distributor or meter operator as the case may be, in the form of a computer disc which—
(a)conforms to the description specified in the Department’s publication; and
(b)subject to paragraph (8), contains the information comprising the relevant particulars, arranged in a form which complies with the technical requirements specified in that publication.
(7) In respect of any event specified in paragraph (2)(d), notice containing the relevant particulars shall be sent to the Secretary of State by means of a return in writing to be submitted within one month of the end of the period of 3 months ending on 31st March, 30th June, 30th September or 31st December (as the case may be) in which the event became known to the generator, distributor or meter operator as the case may be.
(8) The notices required by paragraphs (5) and (6) shall, where the giver of the notice is unable to provide full particulars, contain such of the relevant particulars as are available to the giver of the notice at the time of giving it, and the remaining particulars shall be supplied to the Secretary of State in writing by the quickest practicable means immediately after they have become known.
(9) In this regulation—
“the Department’s publication” means the publication entitled (under the heading “ELECTRICITY SAFETY, QUALITY AND CONTINUITY REGULATIONS 2002”) “COMPUTERISATION OF THE NOTIFICATION OF CERTAIN SPECIFIED EVENTS UNDER REGULATION 31”, subtitled “SPECIFICATION OF THE DATA FILES”, and published in September 2002 by the Department of Trade and Industry, a copy of which was certified as such by the signature of the Minister of State for Energy and Construction, Department of Trade and Industry;
“event” means any event of the kind specified irrespective of whether it was accidental;
“relevant particulars” means—
in respect of an event specified in paragraph (2)(a), (2)(b) or (2)(d), the particulars specified in Parts I, II and IV, respectively, of Schedule 3; and
in respect of an event specified in paragraph (2)(c) or (2)(e), the particulars specified in Part III of Schedule 3; and
“serious injury” means any injury which results in the person injured being admitted into hospital as an in-patient.
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