The Electricity (Standards of Performance) Regulations 2005

Exemptions from the normal and severe weather restoration standards

8.—(1) The circumstances described in this regulation are those set out in paragraphs (2) to (11).

(2) It was not reasonable in all the circumstances for the relevant electricity distributor to be aware that the supply had not been restored.

(3) That—

(a) the premises to which the supply was interrupted are situated on an island;

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

(c) 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

(d) no alternative means is normally available to the relevant electricity distributor to supply the premises on that island.

(4) The relevant electricity distributor to whose network the customer is connected has not received a claim for compensation from the customer in respect of the circumstance referred to in regulation 5(1), 6(1), 6(2), 6(3) or 7(1) within a period of three months from the date upon which the supply was restored to those premises.

(5) The customer informs the relevant electricity distributor before the contravention time that the customer does not wish that distributor to take any action, or any further action in relation to the matter.

(6) The customer agrees with the relevant electricity distributor that the action taken by that distributor before the contravention time shall be treated as the taking by the distributor of the action required by the regulation and, where the action taken by the distributor includes a promise to perform any action (whether before or after the contravention time), the distributor duly performs that promise.

(7) The failure of, fault in, or damage to the relevant electricity distributor’s distribution system, or that distributor’s inability to take the action required by the regulation in relation to such failure, fault, or damage before the contravention time, was the result of an event for which emergency regulations have been made under Part 2 of the Civil Contingencies Act 2004(1).

(8) It was not reasonably practicable for the relevant electricity distributor to take the action required by the regulation before the contravention time as a result of—

(a) industrial action by the employees of that distributor;

(b) the act or default of a person other than an officer, employee or agent of the relevant electricity distributor or any other electricity distributor, or of a person acting on behalf of an agent thereof;

(c) the inability of that distributor to obtain any necessary access to any premises (which may include its own premises);

(d) the existence of circumstances by reason of which that distributor could reasonably expect that if it took the action it would or would be likely to be in breach of an enactment (including any directions given by the Secretary of State under section 96 of the Act(2)); or

(e) circumstances of an exceptional nature beyond the control of the relevant electricity distributor (other than severe weather or the effects of severe weather or those circumstances set out in paragraphs 8(a) to (d) of this regulation),

and the relevant electricity distributor had in each case 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.

(9) Where the interruption of supply to the customer’s premises would not have occurred but for a failure of, fault in, or damage to the distribution system of another electricity distributor.

(10) The relevant electricity distributor reasonably considers that the information given by the customer is frivolous or vexatious.

(11) The customer has committed an offence under paragraph 6 of Schedule 6 to the Act(3) and the action taken or not taken by the relevant electricity distributor was in exercise of its powers under that paragraph.

(12) In this regulation—

(a) “contravention time” means—

(i) in relation to regulation 5, 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; and

(ii) in relation to regulation 6, the expiry of the relevant periods referred to in sub-paragraphs 4(a), 5(a), and 6(a) and (where applicable) of each period referred to in sub-paragraphs 4(b), 5(b) and 6(b) of that regulation; and

(b) each reference to “distributor” includes (where the case requires) a reference to more than one distributor.

(1)

2004 c. 36.

(2)

1989 c. 29.

(3)

1989 c. 29: section 51(2) of the Utilities Act 2000 substituted a new Schedule 6 into the Act.