Electricity (Standards of Performance) (Amendment No. 2) Regulations (Northern Ireland) 1999

Link to law: http://www.legislation.gov.uk/nisr/1999/331/made/data.htm?wrap=true
Published: 1999-07-19

This statutory rule has been made in consequence of a defect in S.R. 1999 No. 186 and is being issued free of charge to all known recipients of that statutory rule.
Statutory Rules of Northern Ireland
1999 No. 331

ELECTRICITY
Electricity (Standards of Performance) (Amendment No. 2) Regulations (Northern Ireland) 1999

Made
19th July 1999

The Director General of Electricity Supply for Northern Ireland, in exercise of the powers conferred by Articles 42 and 64 of the Electricity (Northern Ireland) Order 1992(1) and of every other power enabling him in that behalf, after consultation with public electricity suppliers and with persons and bodies appearing to him to be representative of persons likely to be affected by the exercise of the powers, and with the consent of the Department of Economic Development in accordance with Article 2(2) of that Order, hereby makes the following Regulations:

Citation and revocation

1.—(1) These Regulations may be cited as the Electricity (Standards of Performance) (Amendment No. 2) Regulations (Northern Ireland) 1999.

(2) The Electricity (Standards of Performance) (Amendment) Regulations 1999(2) are hereby revoked.

Amendment of the Electricity (Standards of Performance) Regulations (Northern Ireland) 1993

2.  The Electricity (Standards of Performance) Regulations (Northern Ireland) 1993(3) shall be amended in accordance with regulations 3 to 11.

3.  In regulation 2—

(a)the definition of “margins of error” in paragraph (1) shall be revoked;

(b)for the definitions of “prescribed period” and “prescribed sum” in paragraph (1) there shall be substituted respectively the following definitions—

““prescribed period” means, in a paragraph or sub-paragraph of a regulation, the period in column 2 of the Schedule opposite the reference to the paragraph or sub-paragraph of the regulation in column 1 of the Schedule;

“prescribed sum” means, in a paragraph or sub-paragraph of a regulation, where the customer is a domestic customer, the amount in column 3 of the Schedule, or where the customer is a non-domestic customer, the amount in column 4 of the Schedule in either case opposite the reference to that paragraph or sub-paragraph of the regulation in column 1 of the Schedule;”;

(c)for sub-paragraph (a) of paragraph (2) there shall be substituted the following sub-paragraph—

“(a)where more than one person is a customer in respect of particular premises, a notice given by a supplier to one customer shall be a sufficient notice to every person who is a customer in respect of those premises;”.

4.  In regulation 3(5) for the definition of “working hours” there shall be substituted the following definition—

““working hours” means the period between 8.30 a.m. and 5.00 p.m. on each working day.”

5.  Regulations 8A and 8B shall be revoked.

6.  In regulation 9—

(a)in paragraph (1)(a) for the word “method” there shall be substituted the word “methods”;

(b)the word “or” shall be inserted at the end of paragraph (2)(a); and

(c)in paragraph (2), sub-paragraph (c) and the word “or” immediately preceding it shall be revoked.

7.  In regulation 10(5)(b) for the words “under regulations 3, 8, 8A or 8B” there shall be substituted the words “under regulation 3 or 8”.

8.  For regulation 13(2) there shall be substituted the following paragraph—

“(2) Where this regulation applies and the supplier fails within the prescribed period from the commencement date to dispatch a notice to the customer advising that the payment is due to the customer, the supplier shall, except in any of the circumstances described in paragraph (3), pay to the customer the prescribed sum.”.

9.  In regulation 14(4) for the words “regulations 8(1), 8A(1) or 9(1)” there shall be substituted the words “regulation 8(1) or 9(1)”.

10.  For regulation 15 there shall be substituted the following regulation—

“Presumptions and evidence

15.—(1) Where the supplier holds—

(a)a record; or

(b)certified information,

concerning the receipt of information, stating the time and date upon which the information was received by the supplier, that information shall be presumed to have been received at that time and on that date, unless the contrary is proved.

(2) Where the supplier holds—

(a)a record; or

(b)certified information,

concerning the making of a visit stating the time and date upon which the visit was made by the supplier, that visit shall be presumed to have been made at that time and on that date, unless the contrary is proved.

(3) For the purpose of regulations 5, 6, 8 and 9 where the requirements of paragraph (1) of any of those regulations are satisfied after 4.00 p.m. on a working day or at any time on any other day, they shall be deemed to have been satisfied on the next following working day.

(4) In this regulation—

“record” means a statement made and signed by the person receiving the information contemporaneously with the matters to which it refers, or, if later, as soon as practicable thereafter; and

“certified information” means a transcription of information held on computer programme, film, disk or other tangible evidence, accompanied by a certificate signed by a person authorised by the supplier that he has made all reasonable enquiries and reasonably believes that the transcription is a true statement of the information and does not omit any material matter, and that the information from which the transcription was made was created contemporaneously with the matter to which it refers, or if later, as soon as practicable thereafter.”.

11.  For the Schedule there shall be substituted the Schedule set out in the Schedule to these Regulations.

Sealed with the Official Seal of the Director General of Electricity Supply for Northern Ireland on 19th July 1999.

L.S.
D. McIldoon
The Director General of Electricity Supply for Northern Ireland

The Department of Economic Development hereby consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Economic Development on 19th July 1999.

L.S.
J. E. Wolstencroft
Assistant Secretary

Regulation 11
SCHEDULE

Regulation 2(1)

“SCHEDULEPrescribed Periods and Sums

(1)
(2)
(3)
(4)

Regulation
Period
Prescribed Sum

Domestic Customer
Non-Domestic Customer

3(3)
4 hours
£20
£20

4(2)(a)
24 hours
£40
£100

4(2)(b)

£20
£20

5(2)(a)
3 working days
£20

5(2)(b)
5 working days
£20

5(2)(c)

£20

5(3)

£40
£100

6(2)
10 working days
£40
£40

6(3)
20 working days
£40
£40

7(2)
2 days
£20
£40

8(2)
10 working days
£20
£20

8(4)(a)

£20
£20

8(4)(b)
10 working days
£20
£20

9(2)

£20
£20

9(2)(a)
10 working days

9(2)(b)
10 working days

10(2)

£20
£20

10(3)

£20
£20

13(2)
10 working days
£20
£20”

Explanatory Note

(This note is not part of the Regulations.)
These Regulations revoke the Electricity (Standards of Performance) (Amendment) Regulations 1999, S.R. 1999 No. 186, which were inadvertently expressed as having come into operation on 1st April 1999 rather than, as intended, on 1st October 1999.
The Regulations also reinstate the original text of the Electricity (Standards of Performance) Regulations (Northern Ireland) 1993.
A further set of Regulations will be made in due course providing for the proper introduction of the amendments which were intended to be introduced by S.R. 1999 No. 186.


(1)
S.I. 1992/231 (N.I. 1); Article 42 was amended by Articles 3 and 9(1) of, and paragraph 4 of Schedule 1 to, the Competition and Service (Electricity) (Northern Ireland) Order 1992, S.I. 1992/1720 (N.I. 13)

(2)
S.R. 1999 No. 186

(3)
S.R. 1993 No. 448 as amended by S.R. 1999 No. 186
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