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Electricity Act 1989 (c. 29)(The document as of February, 2008) Page 8 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 (8) In this paragraph "tree" includes any shrub and references to felling or lopping, felled trees or lopped boughs shall be construed accordingly. Entry on land for purposes of exploration10 (1) Subject to the following provisions of this paragraph and without prejudice to any other right of entry, a person authorised in writing by a licence holder may, at any reasonable time, enter upon and survey any land for the purpose of ascertaining whether the land would be suitable for use for any purpose connected with the carrying on of the activities which the licence holder is authorised by his licence to carry on. (2) A person authorised to enter upon any land under this section shall not demand to do so as of right unless-- (a) 14 days notice of the intended entry has been given to the occupier; and (b) if required to do so, he has produced evidence of his authority. (3) The powers conferred by this paragraph shall not be exercisable in relation to land which is covered by a building or will be so covered on the assumption that any planning permission which is in force is acted on. (4) The power to survey land conferred by this paragraph includes power to search and bore for the purpose of ascertaining the nature of the subsoil; but works may not be carried out on the land for this purpose unless-- (a) notice of the proposed works is included in the notice given under sub-paragraph (2) above; and (b) where land is held by statutory undertakers who object to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, the Secretary of State gives his consent. (5) Where any person exercises any powers conferred by this paragraph, the licence holder by whom he was authorised shall make good any damage done to the land. (6) In this paragraph "building" includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with a building. Provisions supplementary to paragraphs 9 and 1011 (1) Any person who intentionally obstructs a person acting in the exercise of any power conferred by or under paragraph 9 or 10 above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (2) Where in the exercise of any power conferred by or under paragraph 9 or 10 above any damage is caused to land or to moveables, any person interested in the land or moveables may recover compensation in respect of that damage from the licence holder on whose behalf the power is exercised; and where in consequence of the exercise of such a power a person is disturbed in his enjoyment of any land or moveables he may recover from that licence holder compensation in respect of that disturbance. (3) Any question of disputed compensation under sub-paragraph (2) above shall be referred to and determined by the Tribunal; and sections 2 and 4 of the [1961 c. 33.] Land Compensation Act 1961 or sections 9 and 11 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 shall apply to any such determination. Interpretation12 In this Schedule--
Section 10(5). SCHEDULE 5 WATER RIGHTS FOR HYDRO-ELECTRIC GENERATING STATIONS IN SCOTLAND1 In Scotland, a person who holds a licence under section 6(1 )(a) of this Act may be authorised by the Secretary of State to abstract and divert from any watercourse or loch and to use such water as may be necessary for the purposes of constructing or extending a generating station wholly or mainly driven by water and of operating that generating station after such construction or extension; but he shall do as little damage as possible in the exercise of the powers conferred by the authorisation and shall make compensation for any damage done in the exercise of those powers. 2 Authorisation under paragraph I above shall be by order and shall provide for the compulsory acquisition by the person of such rights, as regards the abstraction, diversion and use, as may be specified in the order; and the order may contain such incidental, consequential and supplementary provisions as the Secretary of State thinks necessary or expedient. 3 Where the abstraction, diversion and use will, in the opinion of the Secretary of State-- (a) substantially reduce the flow of water in any watercourse, he shall in the order prescribe the extent to which and the circumstances in which water may be taken; (b) substantially reduce the level of water in any loch, he shall in the order either-- (i) prescribe the extent to which and the circumstances in which water may be taken; or (ii) prescribe the quantity of compensation water to be provided by the person; (c) impound any watercourse, be shall in the order prescribe the quantity of compensation water to be provided by the person. 4 In this Schedule, "compensation water" means a flow of water, on such conditions and by such means as the Secretary of State may specify in the order, for the benefit of riparian owners and other owners of land or salmon fishings affected by the compulsory acquisition. 5 In deciding whether to make the order or in prescribing the quantity of any compensation water to be provided under the order, the Secretary of State shall have regard to all the circumstances of the particular case, including-- (a) the interest of public health; (b) the character of the watercourse or loch, and the flow, or as the case may be the level, of water in it; (c) the extent to which the watercourse or loch is, or may in future be, used for industrial purposes or for the purposes of any public undertaking or for fisheries, water supply, agriculture, transport and navigation; and (d) the effect on land drainage or on any canal or inland navigation of any alteration in the flow of water in the watercourse or level of water in the loch, and shall secure, so far as practicable, the protection of the rights of riparian owners and of other owners of land or salmon fishings. 6 Any question of disputed compensation under paragraph I above shall be referred to and determined by the Lands Tribunal for Scotland; and sections 9 and II of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 shall apply to any such determination. 7 An applicant for authorisation under paragraph I above shall submit to the Secretary of State a draft of the order which he desires the Secretary of State to make and shall publish once at least in each of two successive weeks in one or more local newspapers circulating in the area affected by the proposed order a notice-- (a) stating the general effect of the proposed order; (b) specifying a place, in or near the said area, where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice; and (c) stating that within the said period any person may by notice to the Secretary of State object to the application. 8 Not later than the date on which the said notice is first published, the applicant shall serve a copy thereof-- (a) along with a copy of the draft order, on-- (i) the water authority; (ii) the regional and district councils or the islands council; and (iii) the water development board, for every area affected by the proposed order; (b) on the district salmon fishery board of any salmon fishery district from which water is to be taken, or into which water is to be discharged, under the rights acquired, on any navigation authority exercising functions in relation to any watercourse or loch from or into which water is to be so taken or discharged, on any public undertakers known by the applicant to be authorised by any enactment to take or use water from any such watercourse or loch and on the river purification authority within whose area the watercourse or loch affected is situated. 9 The applicant shall also publish in the Edinburgh Gazette a notice stating that he is about to apply for authorisation under paragraph I above, naming the water authority and the water development board affected by the proposed order specifying a place where a copy of the draft order and of any relevant map or plan may be inspected, and giving the name and date of issue of a local newspaper in which the notice explaining the effect of the order applied for will be found. 10 The applicant shall, at the request of any person interested, furnish to him a copy of the draft order upon payment of a reasonable charge. 11 The Secretary of State may make an order in the terms of the draft submitted to him or in those terms as modified in such manner as he thinks fit; but, where he proposes to make any modification and considers that persons other than the applicant may be adversely affected thereby, he shall require the applicant to give and publish additional notices in such manner as the Secretary of State thinks best adapted for informing all persons so affected of the modification proposed. 12 If before the expiration of the 28 days referred to in paragraph 7 above or of 25 days from the publication of the said notice in the Edinburgh Gazette, or before expiration of any period specified in notices given under the last foregoing paragraph. an objection is received by the Secretary of State from any authority or board or undertakers on whom a notice is required to be served under paragraph 8 above, or from any other person appearing to him to be affected by the application. or, as the case may be, by the proposed modification, and the objection is not withdrawn, the Secretary of State, before making any order on the application, shall cause a local inquiry to be held. 13 The expenses incurred by the Secretary of State in connection with the making, notification and confirmation of any order giving authorisation under paragraph I above shall be paid by the applicant; and the Secretary of State may, in a case where there are two or more applicants, apportion such expenses between them. 14 In paragraphs 7 and 8 above the expression "area affected by the proposed order" means the limits of supply of any water authority, or the area of any water development board, so affected. 15 In paragraphs 1 to 8 above "watercourse" includes all rivers, streams and passages through which water flows. Section 24. SCHEDULE 6 The Public Electricity Supply CodeRecovery of electricity charges etc.1 (1) Subject to sub-paragraph (2) below, a public electricity supplier may recover from a tariff customer any charges due to him in respect of the supply of electricity, or in respect of the provision of any electricity meter, electric line or electrical plant. (2) A public electricity supplier who, for the purpose of meeting the needs of a disabled person-- (a) alters the position of any electricity meter which has been provided by him; or (b) replaces such a meter with one which has been specially adapted, shall not make any charge for the alteration or replacement; and section 23 of this Act shall apply in relation to any dispute arising under this sub-paragraph as if it were a dispute arising under sections 16 to 22 of this Act. (3) If a tariff customer quits any premises at which electricity has been supplied to him by a public electricity supplier without giving notice thereof to the supplier so that it is received by the supplier at least two working days before he quits the premises, he shall be liable to pay the supplier all charges in respect of the supply of electricity to the premises accruing due up to whichever of the following first occurs, namely-- (a) the second working day after he gives such notice to the supplier; (b) the next day on which the register of any meter falls to be ascertained; and (c) the day from which any subsequent occupier of the premises requires the supplier to supply electricity to the premises. (4) Sub-paragraph (3) above, or a statement of the effect thereof, shall be endorsed upon every demand note for electricity charges payable to a public electricity supplier by a tariff customer. (5) If a tariff customer quits any premises at which electricity has been supplied to him by a public electricity supplier without paying all charges due from him in respect of the supply, or the provision of any electricity meter, electric line or electrical plant for the purposes of the supply, the supplier-- (a) may refuse to furnish him with a supply of electricity at any other premises until he pays the amount due; but (b) shall not be entitled to require payment of that amount from the next occupier of the premises. (6) If a tariff customer has not, within the requisite period, paid all charges due from him to a public electricity supplier in respect of the supply of electricity to any premises, or the provision of any electricity meter, electric line or electrical plant for the purposes of that supply, the supplier, after the expiration of not less than two working days' notice of his intention, may-- (a) cut off the supply to the premises, or to any other premises occupied by the customer, by such means as he thinks fit; and (b) recover any expenses incurred in so doing from the customer. (7) In sub-paragraph (6) above "the requisite period" means-- (a) in the case of premises which are used wholly or mainly for domestic purposes, the period of 20 working days after the making by the supplier of a demand in writing for payment of the charges due; and (b) in the case of any other premises, the period of 15 working days after the making of such a demand. (8) The powers conferred by sub-paragraph (6) above shall also be exercisable at any time which, in relation to a tariff customer, is after-- (a) the effective date for the purposes of section 233 of the [1986 c. 45.] Insolvency Act 1986 (supplies of gas, water, electricity etc. to insolvent companies); or (b) the relevant day for the purposes of section 372 of that Act or section 70 of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985 (supplies of gas, water, electricity etc. to insolvent individuals). (9) The powers conferred by sub-paragraph (6) above shall not be exercisable as respects any amount which is genuinely in dispute; but there shall be disregarded for this purpose any dispute arising under section 39 of this Act or regulations made under it. (10) In this paragraph a reference to the provision of any electric line or item of electrical plant is a reference to the provision of such a line or item by the installation of a new one or by the modification of an existing one. Restoration of supply by supplier2 (1) Where a public electricity supplier has cut off the supply of electricity to any premises in consequence of any default on the part of a tariff customer, the supplier shall be under an obligation to resume the supply of electricity before the end of the period of two working days beginning with the time when the requirements of sub-paragraph (2) below are satisfied. (2) The requirements of this sub-paragraph are that the customer in default-- (a) has made good the default; (b) has paid the reasonable expenses of disconnecting and re-connecting the supply; and (c) has given such security as is mentioned in section 20(1) of this Act. (3) The obligation imposed by sub-paragraph (1) above shall be a duty owed to any person who may be affected by a failure to comply with the obligation. (4) Where a duty is owed by virtue of sub-paragraph (3) above to any person any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person. (5) In any proceedings brought against a public electricity supplier in pursuance of sub-paragraph (4) above, it shall be a defence for the supplier to prove that he took all reasonable steps and exercised all due diligence to avoid failing to comply with the obligation imposed by sub-paragraph (1) above. (6) Without prejudice to any right which any person may have by virtue of sub-paragraph (4) above to bring civil proceedings in respect of any failure to comply with the obligation imposed by sub-paragraph (1) above, compliance with that obligation shall be enforceable by civil proceedings by the Director for an injunction or for interdict or for any other appropriate relief. Restoration of supply without consent3 (1) Where a supply of electricity to any premises has been cut off by a public electricity supplier otherwise than in the exercise of a power conferred by regulations under section 29 of this Act, no person shall, without the consent of the supplier, restore the supply. (2) If any person acts in contravention of sub-paragraph (1) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale and the supplier may again cut off the supply. Damage to electrical plant etc.4 (1) If any person intentionally or by culpable negligence damages or allows to be damaged-- (a) any electrical plant or electric line belonging to a public electricity supplier; or (b) any electricity meter so belonging, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (2) Where an offence has been committed under sub-paragraph (1)(a) above, the supplier may discontinue the supply of electricity to the person so offending until the matter has been remedied. (3) Where an offence has been committed under sub-paragraph (1)(b) above, the supplier-- (a) may discontinue the supply of electricity to the person so offending until the matter has been remedied; and (b) remove the meter as respects which the offence was committed. (4) Where a public electricity supplier removes a meter under sub-paragraph (3) above, he shall keep it safely until the Director authorises him to destroy or otherwise dispose of it. Entry during continuance of supply5 (1) Any officer authorised by a public electricity supplier may at all reasonable times, on the production of some duly authenticated document showing his authority, enter any premises to which a supply of electricity is being given by the public electricity supplier, or by a private electricity supplier (wholly or partly) through the public electricity supplier's electric lines and electrical plant, for any of the following purposes, namely-- (a) inspecting any electric line or electrical plant belonging to the supplier; (b) ascertaining the register of any electricity meter and, in the case of a prepayment meter, removing any money or tokens belonging to the supplier; (c) removing, inspecting or re-installing any electricity meter or installing any substitute meter. (2) Except where a supply of electricity is being given to the premises by a private electricity supplier (wholly or partly) through the public electricity supplier's electric lines and electrical plant, sub-paragraph (1)(a) and (b) above does not apply if-- (a) the consumer has applied in writing to the supplier for the supplier to cease to supply electricity to the premises; and (b) the supplier has failed to do so within a reasonable time. (3) Sub-paragraph (1)(c) above does not apply in relation to the removal of a meter unless two working days' notice is given to the occupier, or the owner of the premises if they are unoccupied. Entry on discontinuance of supply6 (1) Where a public electricity supplier is authorised by sub-paragraph (3) of paragraph 4 above or sub-paragraph (3) of paragraph 11 of Schedule 7 to this Act-- (a) to discontinue the supply of electricity to any premises; and (b) to remove the electricity meter as respects which the offence under that paragraph was committed, any officer authorised by the supplier may at all reasonable times, on production of some duly authenticated document showing his authority, enter the premises for the purpose of disconnecting the supply and removing the meter. (2) Where-- (a) a public electricity supplier is authorised by any other provision of this Act or of regulations made under it (including any such provision as applied by such an agreement as is mentioned in section 22(1) of this Act) to cut off or discontinue the supply of electricity to any premises; (b) a person occupying premises supplied with electricity by a public electricity supplier, or by a private electricity supplier (wholly or partly) through a public electricity supplier's electric lines and electrical plant, ceases to require such a supply; (c) a person entering into occupation of any premises previously supplied with electricity by a public electricity supplier, or by a private electricity supplier (wholly or partly) through a public electricity supplier's electric lines and electrical plant, does not require such a supply; or (d) a person entering into occupation of any premises previously supplied with electricity through a meter belonging to a public electricity supplier does not hire or borrow that meter, any officer authorised by the supplier, after one working day's notice to the occupier, or to the owner of the premises if they are unoccupied, may at all reasonable times, on production of some duly authenticated document showing his authority, enter the premises for the purpose of disconnecting the supply or removing any electrical plant, electric line or electricity meter. Entry for replacing, repairing or altering lines or plant7 (1) Any officer authorised by a public electricity supplier, after five working days' notice to the occupier of any premises, or to the owner of any premises which are unoccupied, may at all reasonable times, on production of some duly authenticated document showing his authority, enter the premises for the purpose of-- (a) placing a new electric line or new electrical plant in the place of or in addition to any existing line or plant which has already been lawfully placed; or (b) repairing or altering any such existing line or plant. (2) In the case of emergency arising from faults in any electric line or electrical plant entry may be made under sub-paragraph (1) above without the notice required to be given by that sub-paragraph, but the notice shall then be given as soon as possible after the occurrence of the emergency. Provisions as to powers of entry8 (1) Where in pursuance of any powers of entry conferred by this Schedule, entry is made on any premises by an officer authorised by a public electricity supplier-- (a) the officer shall ensure that the premises are left no less secure by reason of the entry; and (b) the supplier shall make good, or pay compensation for, any damage caused by the officer, or by any person accompanying him in entering the premises, in taking any action therein authorised by this Schedule, or in making the premises secure. (2) Any officer exercising powers of entry conferred by this Schedule may be accompanied by such persons as may be necessary or expedient for the purpose for which the entry is made, or for the purposes of sub-paragraph (1) above. (3) If any person intentionally obstructs any officer exercising powers of entry conferred by this Schedule, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) The [1954 c. 21.] Rights of Entry (Gas and Electricity Boards) Act 1954 (entry under a justice's warrant) shall apply in relation to any powers of entry conferred by this Schedule. Electrical plant etc. not to be subject to distress9 Any electrical plant, electric line or electricity meter owned by or let for hire or lent to a customer by a public electricity supplier and marked or impressed with a sufficient mark or brand indicating the supplier as the owner thereof-- (a) shall be deemed not to be landlord's fixtures, notwithstanding that they may be fixed or fastened to any part of the premises in which they may be situated; and (b) shall not in England and Wales be subject to distress or be liable to be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession they may be. Section 31. SCHEDULE 7 Use etc. of Electricity MetersConsumption to be ascertained by appropriate meter1 (1) Where a customer of an electricity supplier is to be charged for his supply wholly or partly by reference to the quantity of electricity supplied, the supply shall be given through, and the quantity of electricity shall be ascertained by, an appropriate meter. (2) The meter shall be provided-- (a) by the electricity supplier, whether by way of sale, hire or loan; or (b) if agreed by the parties in the case of a meter used or intended to be used in connection with an exempt supply, by the customer. (3) The meter shall be installed on the customer's premises in a position determined by the electricity supplier, unless in all the circumstances it is more reasonable to place it outside those premises or in some other position. (4) The electricity supplier may require the replacement of any meter provided and installed in accordance with sub-paragraphs (2) and (3) above where its replacement-- (a) is necessary to secure compliance with this Schedule or any regulations made under it; or (b) is otherwise reasonable in all the circumstances; and any replacement meter shall be provided and installed in accordance with those sub-paragraphs. (5) If the customer refuses or fails to take his supply through an appropriate meter provided and installed in accordance with sub-paragraphs (2) and (3) above, the supplier may refuse to give or may discontinue the supply. (6) For the purposes of this paragraph a meter is an appropriate meter for use in connection with any particular supply if it is of a pattern or construction which, having regard to the terms on which the supply is to be charged for, is particularly suitable for such use. (7) Section 23 of this Act shall apply in relation to any dispute arising under this paragraph between a public electricity supplier and a customer as if it were a dispute arising under sections 16 to 22 of this Act. (8) Pending the determination under section 23 of this Act of any dispute arising under this paragraph, the meter and its provision and installation shall be such as the Director may direct; and directions under this sub-paragraph may apply either in cases of particular descriptions or in particular cases. (9) Part I of this Act shall apply as if any duty or other requirement imposed on a public electricity supplier by directions under sub-paragraph (8) above were imposed by directions under section 23 of this Act. (10) In this Schedule "exempt supply" means a supply of electricity to any premises where-- (a) the premises are not premises used wholly or mainly for domestic purposes; or (b) the electricity supplier or the customer is a person authorised by an exemption to supply electricity to those premises. Restrictions on use of meters2 (1) No meter shall be used for ascertaining the quantity of electricity supplied by an electricity supplier to a customer unless the meter-- (a) is of an approved pattern or construction and is installed in an approved manner; and (b) subject to sub-paragraph (2) below, is certified under paragraph 5 below; and in this Schedule "approved" means approved by or under regulations made under this paragraph. (2) Paragraph (b) of sub-paragraph (1) above shall not apply to a meter used in connection with an exempt supply if the electricity supplier and the customer have agreed in writing to dispense with the requirements of that paragraph. (3) Regulations under this paragraph may provide-- (a) for determining the fees to be paid for approvals given by or under the regulations; (b) for revoking an approval so given to any particular pattern or construction of meter and requiring meters of that pattern or construction which have been installed to be replaced with meters of an approved pattern or construction within a prescribed period; (c) for revoking an approval so given to any particular manner of installation and requiring meters which have been installed in that manner to be installed in an approved manner within such a period; and may make different provision for meters of different descriptions or for meters used or intended to be used for different purposes. 3 (1) If an electricity supplier supplies electricity through a meter which is used for ascertaining the quantity of electricity supplied and-- (a) is not of an approved pattern or construction or is not installed in an approved manner; or (b) in the case of a meter to which paragraph 2(1)(b) above applies, is not certified under paragraph 5 below, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (2) Where the commission by any person of an offence under this paragraph is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this sub-paragraph whether or not proceedings are taken against the first-mentioned person. (3) In any proceedings in respect of an offence under this paragraph it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence. (4) No proceedings shall be instituted in England and Wales in respect of an offence under this paragraph except by or on behalf of the Director. Meter examiners4 (1) The Director shall appoint competent and impartial persons as meter examiners for the purposes of this Schedule. (2) There shall be paid out of money provided by Parliament to meter examiners such remuneration and such allowances as may be determined by the Director with the approval of the Treasury; and such pensions as may be so determined may be paid out of money provided by Parliament to or in respect of such examiners. (3) All fees payable in respect of the examination of meters by meter examiners shall be paid to the Director; and any sums received by him under this sub-paragraph shall be paid into the Consolidated Fund. Certification of meters5 (1) Subject to sub-paragraph (2) below, a meter may be certified-- (a) by a meter examiner appointed under paragraph 4 above; or (b) by a person who is authorised to certify meters of that description by or under regulations made under this paragraph; and in this paragraph "examiner" means a meter examiner or a person so authorised. (2) No meter shall be certified unless the examiner is satisfied-- (a) that the meter is of an approved pattern or construction; and (b) that the meter conforms to such standards (including standards framed by reference to margins of error) as may be prescribed; and references in this Schedule to prescribed margins of error shall be construed accordingly. (3) An examiner may certify any meter submitted to him, notwithstanding that he has not himself examined or tested it, if-- (a) the meter is submitted to him by a public electricity supplier or by a person authorised by the Director for the purposes of this sub-paragraph; (b) the meter is accompanied by a report stating that the meter has been examined and tested by the person submitting it and containing such other information as may be prescribed; (c) the examiner considers that the report indicates that the meter is entitled to be certified; (d) the meter is one of a number submitted at the same time by the same person, and the examiner has himself examined and tested as many of those meters as he may consider sufficient to provide a reasonable test of all of them. (4) Regulations under this paragraph may make different provision for meters of different descriptions or for meters used or intended to be used for different purposes and may include provision-- (a) for the termination of certification in the case of meters which no longer conform to the prescribed standards and in such other cases as may be prescribed; (b) for determining the fees to be paid for examining, testing and certifying meters, and the persons by whom they are to be paid; and (c) as to the procedure to be followed in examining, testing and certifying meters. (5) Regulations under this paragraph above may also include provision-- (a) for determining the fee to be paid in respect of any authorisation under sub-paragraph (1) or (3) above; (b) for imposing conditions on any such authorisation; and (c) for withdrawing any such authorisation before the end of any period for which it is given if any of those conditions is not satisfied. Apparatus for testing etc. of meters6 (1) It shall be the duty of a person to whom this paragraph applies, that is to say, a public electricity supplier or a person authorised by the Director for the purposes of paragraph 5(3) above-- (a) to provide and maintain such apparatus for the examination, testing and regulation of meters, and such apparatus for the sealing and unsealing of meters, as may be specified by a direction of the Director; (b) to use apparatus so provided and maintained to carry out such examination, testing and regulation of meters, or to seal or unseal meters in such circumstances, as may be so specified; and (c) to keep such records and make such reports of things done in pursuance of paragraph (b) above as may be so specified. (2) It shall also be the duty of a person to whom this paragraph applies to afford to meter examiners, acting in the exercise of their functions under this Schedule, all necessary facilities for the use of apparatus provided and maintained in pursuance of sub-paragraph (1) above. (3) If the Director considers that any person to whom this paragraph applies has made satisfactory arrangements whereby apparatus provided by some other person is available for the examination, testing or regulation of the first mentioned person's meters, the Director may direct that this paragraph shall not apply to that person to such extent as may be specified in the direction. (4) Any two or more persons to whom this paragraph applies may with the approval of the Director enter and carry into effect arrangements whereby apparatus provided by one or more of the parties is to be available to all or any of them for the purposes of fulfilling their obligations under this paragraph. (5) Any public electricity supplier who provides apparatus in pursuance of such arrangements as are mentioned in sub-paragraph (4) above shall be under the same obligation under this paragraph, in relation to the meters of any public electricity supplier for whose benefit the apparatus is so made available, as he is or would be under in relation to meters measuring electricity supplied by him. Testing etc. of meters7 (1) It shall be the duty of a meter examiner, on being required to do so by any person and after giving notice to such persons as may be prescribed-- (a) to examine and test any meter used or intended to be used for ascertaining the quantity of electricity supplied to any premises; (b) to determine whether it is of an approved pattern or construction and, if it is installed for use, whether it is installed in an approved manner; (c) to determine whether it is in proper order for ascertaining the quantity of electricity supplied within the prescribed margins of error and, if it has been in use and there is a dispute as to whether it registered correctly at any time, to determine if possible whether it registered within those margins at that time; and (d) to make a written report of his conclusions as to the matters mentioned in paragraphs (b) and (c) above. (2) If a meter examiner determines that a meter is, or was at any time, operating outside the prescribed margins of error, he shall if possible give an opinion as to-- (a) any period for which the meter has or may have been so operating; and (b) the accuracy (if any) with which it was or may have been operating for any such period. (3) Regulations under this paragraph may make provision for determining the fees to be paid for examining and testing meters, and the persons by whom and the circumstances in which they are to be paid. (4) In relation to a meter used or intended to be used in connection with an exempt supply, this paragraph shall have effect as if any reference to the prescribed margins of error included a reference to any margins of error agreed between the electricity supplier and the customer (in this Schedule referred to as "agreed margins of error"). 8 (1) This paragraph applies where there is a genuine dispute as to the accuracy of a meter used for ascertaining the quantity of electricity supplied to any premises and notice of the dispute-- (a) is given to the electricity supplier by the customer, or to the customer by the electricity supplier; or (b) is given to the electricity supplier and to the customer by any other person interested. (2) Except with the approval of a meter examiner and, if he so requires, under his supervision, the meter shall not be removed or altered by the supplier or the customer until after the dispute is resolved by agreement or the meter is examined and tested under paragraph 7 above, whichever first occurs. (3) If the supplier or the customer removes or alters the meter in contravention of sub-paragraph (2) above, he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 -- Back --
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