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PART IIIIndividual Insolvency

CHAPTER IXGeneral

Supplies by utilities

200Supplies by utilities

(1)This section applies where on any day (" the relevant day ")—

(a)a bankruptcy order is made against an individual or an interim receiver of an individual's property is appointed;

(b)a composition or scheme proposed by an individual is approved under Chapter I of this Part; or

(c)a deed of arrangement is made for the benefit of an individual's creditors;

and in this section " the office holder " means the official receiver, the trustee in bankruptcy, the interim receiver, the supervisor of the composition or scheme or the trustee under the deed of arrangement, as the case may be.

(2)If a request falling within subsection (3) below is made for the giving after the relevant day of any of the supplies mentioned in subsection (4) below, the supplier—

(a)may make it a condition of the giving of the supply that the office holder personally guarantees the payment of any charges in respect of the supply; but

(b)shall not make it a condition of the giving of the supply, or do anything which has the effect of making it a condition of the giving of the supply, that any outstanding charges in respect of a supply given to the individual before the relevant day are paid.

(3)A request falls within this subsection if it is made—

(a)by or with the concurrence of the office holder; and

(b)for the purposes of any business which is or has been carried on by the individual, by a firm or partnership of which the individual is or was a member or by an agent or manager for the individual or for such a firm or partnership.

(4)The supplies referred to in subsection (2) above are—

(a)a supply of gas by the British Gas Corporation ;

(b)a supply of electricity by an Electricity Board (within the meaning of the [1983 c. 25.] Energy Act 1983);

(c)a supply of water by statutory water undertakers;

(d)a supply of telecommunication services (within the meaning of the [1984 c. 12.] Telecommunications Act 1984) by a public telecommunications operator (within the meaning of that Act).

(5)In subsection (4) above the reference to telecommunication services does not include a reference to services consisting in the conveyance of cable programmes, that is to say programmes included in cable programme services (within the meaning of the [1984 c. 46.] Cable and Broadcasting Act 1984).