The Electricity (Standards of Performance) Regulations 2001

Interpretation

3.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Electricity Act 1989;

“applicable date” means, in relation to each occasion upon which a regulation applies, the day upon which that regulation first applies, or, where a prescribed period in a paragraph of a regulation is expressed in hours, the time on that day when that regulation first applies;

“appropriate meter” has the meaning given in paragraph 1 of Schedule 7 to the Act;

“the Authority” means the Gas and Electricity Markets Authority;

“Consumer Council” means the Gas and Electricity Consumer Council;

“customer” means an owner or occupier of premises in Great Britain who is supplied or requiring to be supplied with electricity, and includes an electricity supplier where he is acting on behalf of such a person;

“distribution services area” means, in relation to a relevant distributor, the area specified or described pursuant to standard condition 2 of the standard conditions of electricity distribution licences as incorporated in that distributor’s licence;

“domestic customer” means a customer supplied or requiring to be supplied with electricity at domestic premises (but excluding such customer in so far as he is supplied or requires to be supplied at premises other than domestic premises);

“domestic premises” means premises at which a supply is taken or to be taken wholly or mainly for domestic purposes;

“low voltage” means a nominal voltage not exceeding 1,000 volts;

“margins of error” means the prescribed margins of error or the agreed margins of error as defined in paragraph 13 of Schedule 7 to the Act;

“non-domestic customer” means any customer other than a domestic customer;

“pay” includes crediting the account of the customer for charges incurred or to be incurred in respect of the supply or in respect of the provision of any electricity meter, electric line or electrical plant, and “payment” shall be construed accordingly;

“prescribed period” means, in a paragraph or sub-paragraph of a regulation, the period in column 2 of Part I of the Schedule opposite the reference to that paragraph or sub-paragraph of the regulation in column 1 of Part I 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 Part I of the Schedule, or where the customer is a non-domestic customer the amount in column 4 of Part I of the Schedule in either case opposite the reference to that paragraph or sub-paragraph of the regulation in column 1 of Part I of the Schedule;

“relevant distributor” means an electricity distributor in whose licence Section C of the standard conditions of distribution licences is in effect but only to the extent that the distributor is undertaking activities within its distribution services area;

“relevant distributor’s fuse” means the fusible cut-out or automatic switching device of the relevant distributor for disconnecting the supply to the customer’s premises situated nearest to the relevant distributor’s side of the appropriate meter for the customer’s premises;

“relevant operator” means the relevant supplier or, as the case may be, the relevant distributor, according to the circumstances of the relevant customer’s case;

“relevant supplier” means an electricity supplier in whose licence Section D of the standard conditions of supply licences is in effect but only to the extent that the supplier is undertaking activities within its supply services area;

“specified time” means—

Provided—

“standard conditions of electricity distribution licences” means such conditions as may be determined by the Secretary of State for electricity distribution licences pursuant to section 33(1) of the Utilities Act 2000(1) including any amendment or modification made to those standard conditions in accordance with the Utilities Act 2000 or the Act and a reference in a provision relating to relevant distributors to a numbered standard condition is a reference to the standard condition bearing that number in the standard conditions of electricity distribution licences;

“standard conditions of electricity supply licences” means such conditions as may be determined by the Secretary of State for electricity supply licences pursuant to section 33(1) of the Utilities Act 2000 including any amendment or modification made to those standard conditions in accordance with the Utilities Act 2000 or the Act and a reference in a provision relating to relevant suppliers to a numbered standard condition is a reference to the standard condition bearing that number in the standard conditions of electricity supply licences;

“supply services area” means, in relation to a relevant supplier, the area specified or described pursuant to standard condition 3 of the standard conditions of the electricity supply licences as incorporated in that supplier’s licence; and

“working hours” means the period between the hours specified in Part II of the Schedule.

(2) In these Regulations “the Schedule” means the Schedule to these Regulations.

(3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation in these Regulations bearing that number, and any reference in a regulation to a numbered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph of the regulation bearing that number.

(4) For the purpose of these Regulations—

(a)where more than one person is a customer in respect of particular premises, a notice given by a relevant operator to one person who is a customer in respect of those premises shall be a sufficient notice to any other person who is a customer in respect of those premises at the time the notice is given;

(b)where a person is a customer in respect of more than one premises, a reference in a regulation to “customer” is a reference to that person in respect of each of the premises of which he is a customer to which the regulation applies;

(c)any reference to the dispatch by a relevant operator of an explanation or reply within a particular period shall not require that the explanation or reply (if in writing) is received by the customer within that period and shall be satisfied if the relevant operator provides the explanation or reply orally to the customer within that period;

(d)any reference to a customer shall (except in relation to the entitlement to any payment due from a relevant operator under these Regulations) include any person having apparent authority to represent the customer; and

(e)any reference to a customer shall not include any person who is supplied otherwise than through an appropriate meter (as prescribed in regulations made under paragraph 1A of Schedule 7 to the Act).