The Electricity Supply (Amendment) (Northern Ireland) Order 1987

Electricity supply

20.  In Schedule 3 to the Electricity Supply Order—

(a)in paragraph 8 (obligation to supply electricity)—

(i)for sub-paragraph (2) there shall be substituted—

(2) Sub-paragraph (1) shall not apply in relation to—

(a)any premises to which a supply of electricity is given directly by a private generator through electric lines belonging to the Service; or

(b)any main used only for the purpose of giving a separate supply of electricity for industrial purposes.;

(ii)after sub-paragraph (6) there shall be inserted—

(7) If any person—

(a)knowingly damages electric fittings belonging to the Service by exceeding the maximum consumption specified in a notice under subparagraph (4)(a) served by him upon the Service; or

(b)knowingly damages any electric fittings belonging to the Service by permitting other electric fittings to become defective or to fail to comply with regulations made under Article 36;

the amount of the damage caused to the Service shall be a debt recoverable summarily.;

(b)paragraph 15(3) (access to remove, inspect, and replace meters) shall cease to have effect;

(c)in paragraph 22 (power to cut supply in case of default)—

(i)in sub-paragraph (1)(a) the words “or electric fittings” shall cease to have effect;

(ii)for sub-paragraph (1)(b) there shall be substituted—

(b)in respect of the provision and laying of an electric line for the supply of electricity as mentioned in paragraph 8(3); or

(c)under a contract made under paragraph 10(1);;

(d)in paragraph 23 (penalty for damaging or interfering with meters)—

(i)after sub-paragraph (1) there shall be inserted—

(1A) If any person permits another person to commit an offence under sub-paragraph (1) he shall also be guilty of an offence under that sub-paragraph.;

(ii)for sub-paragraph (4) there shall be substituted—

(4) The existence of any damage to any lines, meter or other fittings belonging to the Service under the custody or control of the occupier of the premises in which those fittings are installed shall, in any proceedings relating to an offence under sub-paragraph (1), be evidence that the damage, alteration or prevention, as the case may require, has been fraudulently and wilfully caused by the consumer using the meter.;

(e)after paragraph 24(2) (damage or interference with works) there shall be inserted—

(2A) If any person permits another person to commit an offence under sub-paragraph (1) or (2) he shall also be guilty of an offence under that sub-paragraph.;

(f)in paragraph 25 (penalty for fraudulently using the electricity of the Service)—

(i)after sub-paragraph (1) there shall be inserted—

(1A) If any person permits another person to commit an offence under sub-paragraph (1) he shall also be guilty of an offence under that sub-paragraph.;

(ii)in sub-paragraph (2) at the end there shall be added “and the amount of any loss caused to the Service shall be a debt recoverable summarily”;

(g)in paragraph 26 (reconnecting supply) after “reconnects” there shall be inserted “or permits the reconnection of.”;

(h)after paragraph 26 there shall be inserted—

Penalty for resale or supply of electricity to person disconnected

26A.(1) If any person, without the consent of the Service, re-sells or supplies the electricity supplied to him by the Service to any person whose supply of electricity has been disconnected by the Service he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Where an offence under sub-paragraph (1) has been committed the Service may cut off or disconnect the supply of electricity to the person so offending notwithstanding any contract previously existing and any expenses incurred in cutting off or disconnecting the supply shall be recoverable in like manner as charges for electricity. Interference with electricity supply

26B.(1) If any person supplied with electricity by the Service uses or permits the use of any electric fitting which—

(a)interferes with the supply of electricity; or

(b)interferes with the supply of electricity to any other person or to the use of any electric fitting by that other person; or

(c)injuriously affects any telecommunication apparatus kept installed for the purposes of a telecommunications code system; the Service may serve a notice on him specifying the matter complained of and requiring him to abate or discontinue it within the period specified in the notice.

(2) If, within the time specified in the notice, the requirements of the notice are not complied with the Service may discontinue the supply of electricity to that person notwithstanding any contract previously existing and any expenses incurred in cutting off or disconnecting the supply shall be recoverable in like manner as charges for electricity.;

(i)in paragraph 34 (interpretation)—

(i)for the words “In this Schedule” there shall be substituted—

(1) In this Schedule;

(ii)at the end there shall be inserted—

(2) For the purposes of any offence under this Schedule, a person permits another person to commit the offence if he has power to prevent it, and does not prevent it..